11. 70RFP324REH000001_A0001 - Solicitation.pdf

DHS, Federal Protective Service (FPS) Public Safety Telecommunicator & Alarm Monitoring Request for Proposal (RFP) 70RFP324REH000001, Amendment 0001

FEDERAL ACQUISITION REGULATION (FAR) Subpart 12.6

COMBINED SYNOPSIS/SOLICITATION NOTICE

In accordance with (IAW) Federal Acquisition Regulation (FAR) subpart 12.603, Streamlined Solicitation for Commercial Items, Combined Synopsis/Solicitation Procedures, shall be utilized in support of the subject solicitation. As such the following synopsis information as required by FAR subpart 5.207 preparation and transmittal of synopses is hereby provided to include detail required by aforementioned FAR subpart 12.603.

(1) Action Code: Not Applicable

(2) Date: March 20, 2024

(3) Year: 2024

(4) Contracting Office ZIP Code: 20528-0115

(5) Product or Service Code: J063 Alarm, Signal and Security Detection

(6) Contracting Office Address: U.S. Dept. of Homeland Security

Office of Procurement Operations 245 Murray Lane, SW, Mailstop 0115 Washington DC 20528-0115

(7) Subject: Department of Homeland Security (DHS), Federal Protective Service (FPS) Public Safety Telecommunicator and Alarm Monitoring Services

(8) Proposed Solicitation Number: 70RFP324REH000001

(9) Closing Response Date: April 17, 2024

(10) Contact Point or Contracting Officer: Gregory Blaszko Email: Gregory.Blaszko@hq.dhs.gov

(11) Contract Award and Solicitation Number: Solicitation Number: 70RFP324REH000001

Award Number: TBD

(12) Contract Award Dollar Amount: See Section B.2 Ordering Periods Minimum

Dollar Guarantee and Maximum Contract Limitation mailto:Gregory.Blaszko@hq.dhs.gov

(13) Line Item Number: A schedule of supplies and services is represented within the solicitation document reference Section B, to include solicitation Attachment J-1, Pricing Schedule Template.

(14) Contract Award Date: Performance dates are represented within the solicitation document reference Section F.

(15) Contractor: TBD

(16) Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation is hereby issued as a part of this notice.

Solicitation 70RFP324REH000001 is issued as a Request for Proposal (RFP) where provisions 52.212-1, 52.212.2, 52.212-3, 52.212-4, and 52.212-5 applies.

(17) Place of Contract Performance: The place of performance is represented within solicitation document reference Section F.

(18) Set-aside Status: Solicitation 70RFP324REH000001 is being released as full and open.

U.S. Department of Homeland Security

Federal Protective Service (FPS) Public Safety Telecommunicator and Alarm Monitoring Services

Request for Proposal (RFP) Number: 70RFP324REH000001 Amendment 0001

April 08, 2024

Department of Homeland Security Office of Procurement Operations

Washington, D.C.

Part I – The Schedule A Solicitation/Contract Form

See Solicitation Standard Form 1449 (37 Pages).

(End of Section A)

B Supplies or Services and Prices/Costs

B.1 General Description

Request for Proposal (RFP) 70RFP324REH000001 shall result in a single award Indefinite-Delivery Indefinite-Quantity (IDIQ) contract established to provide the Department of Homeland Security (DHS), Federal Protective Service (FPS) with Public Safety Telecommunicator and Alarm Monitoring services as described in Section C. The Contractor shall provide all management, supervision, and labor necessary to fulfill the subject requirements in accordance with the scope herein as requested by Task Order Requests for Proposals. No organization outside of DHS, FPS is authorized to order off this IDIQ contract.

B.2 Ordering Periods Minimum Dollar Guarantee and Maximum Contract Limitation

(a) Minimum. The minimum guaranteed award amount for this IDIQ contract is $100,000.00 for only the base period of performance of this contract (inclusive of any fee). The exercise of an Option period does not re-establish the contract minimum.

(b) Maximum. The cumulative dollar ceiling value of the resulting single award IDIQ contract is $85,300,000.00.

(c) The Government has no obligation to issue Orders to the Contractor beyond the amount specified in paragraph (a) of this section. Once the conditions of paragraph (a) have been met, the Contractor will continue to have the opportunity to be issued Orders.

(d) Each Order issued under this IDIQ contract will be issued for the actual known service requirements at that time and will set forth a ceiling price in the Order which, as required, will be subject to all applicable labor hour provisions. Contractors will be paid only for services ordered and performed at the established hourly rates as contained in the issued Orders. The Government has the unilateral right to add, decrease, cancel, or modify services stated in each Order issued at the established unit prices, as long as the change is within the scope of the contract and the associated Order. The cumulative total of all Orders issued under the contract shall not exceed the contract maximum price and/or maximum quantities unless and until the Contracting Officer notifies the contractor in writing that the contract maximum price has been increased and specifies in the notice a revised maximum price that shall constitute the maximum price for performance under this contract.

B.3 Pricing

The Government provided a Pricing Schedule, Attachment J-1, will represent the Contract Line Item Number (CLIN) structure within Section B of the awarded IDIQ contract. Further, the awarded vendors Attachment J-1 submission shall be included as an attachment to the awarded IDIQ contract.

B.4 Type of Orders Allowable Under This IDIQ Contract

(a) The types of Task Orders issued against this IDIQ contract may be Labor Hour (LH) or Time and Materials (T&M) in accordance with Federal Acquisition Regulation (FAR) Part 16.5 “Indefinite- Delivery Contracts” and as set forth in Section G “Contract Administration Data” and Section I “Contract Clauses.”

Indefinite-Delivery, Indefinite-Quantity (IDIQ) Contracts, Blanket Purchase Agreements (BPAs), and Letter Contracts are not permissible Task Order types. The Government shall not issue, and the Contractor shall not accept Task Orders under this IDIQ Contract for the procurement of hardware, software, and/or services that are not within scope of those Public Safety Telecommunicator and Alarm Monitoring requirements as clearly described in Section C.

(b) All Task Orders shall be priced in accordance with the pricing set forth in the Government provided Pricing Schedule, Attachment J-1. These CLINs specify pricing for each of the services, and associated deliverables within the scope described in Section C.

All CLIN prices described in the Pricing Schedule, Attachment J-1 reflect the fully burdened rates for each CLIN. The fully burdened prices include all direct, indirect, general and administrative costs and profit associated with providing the required performance. Department of Labor (DoL) Wage Determinations (WD) and labor categories (LCATs) as represented immediately below are fully applicable, including minimum wage rates and fringe benefits as included within the DOL prevailing wage determinations (see Attachment J-5) incorporated into the contract.

Battle Creek MegaCenter (Battle Creek, MI) Wage Determination No.: WD 2015-4835 Revision 25, 12-26-2023

Denver MegaCenter (Denver, CO) Wage Determination No.: WD 2015-5419, Revision 25, 12-26-2023

Philadelphia MegaCenter (Philadelphia, PA) Wage Determination No.: WD 2015-4233, Revision 28, 12-26-2023

Bren Mar (Alexandria, VA)/Campus Security Operations Center (CSOC) (Washington, D.C.)

Wage Determination No.: WD 2015-4281, Revision 28, 12-26-2023

Applicable job classifications included herein under a DOL prevailing wage determination are reflected below. The applicable job classification reflects the minimum wage rates and fringe benefits that the Contractor must pay to all employees working under the contract.

Administrative Assistant Occupation Code 01020 Alarm Monitor Occupation Code 27004

(c) The Contractor is not precluded from offering discounts from the prices found in the Pricing Schedule as applicable and without violation of above noted DoL WD requirements, Attachment J-1 when preparing its proposals in response to Task Order Requests for Proposal. Proposed rates for Task Orders shall not exceed the rates established in the IDIQ contract.

B.5 Contingency Pricing

1. Contractors shall not include contingency allowances to cover increased costs for which adjustments are provided for under Federal Acquisition Regulation (FAR) Clause 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustments (Multiple Year and Option Contracts (Aug 2018) unless it is the contractor’s intention to pay SCLS labor wage and fringe rates that are higher than the minimums prescribed under the applicable wage determination(s). If an offeror intends to pay higher than the SCLS minimums, any price adjustments will be calculated in accordance with the criteria prescribed in FAR 52.222-43 except that the adjustment will be calculated using the difference between the new wage and fringe benefit rates contained in the revised wage determination(s) and the higher of the following:

• The wage and fringe benefit rates identified in the pricing template (Attachment J-1 Pricing Schedule Template) of the awardee’s successful proposal; or

• The actual wage and fringe benefit rates actually paid to SCLS labor in the period prior to the incorporation of the new wage determination(s).

2. For cost/price factors that are subject to variation, but are not subject to adjustment under the provisions above, contractors may factor in contingency allowances.

NOTE: Further increases/escalations to wages and benefits above those rates included within the contract award are not subject to contract price adjustment in the subsequent ordering periods under FAR 52.222-43(d) unless the position with which the increases are being recognized are expressly covered under a Collective Bargaining Agreement or DOL Wage Determination. For all positions that are not subject to contract adjustment under FAR 52.222-43(d), the contractor is permitted to include a reasonable escalation in subsequent option periods based on the labor market in the geographical area that the effort will be performed.

B.6 Emergency Support Services (ESS) Not to Exceed (NTE) Reimbursable

Requirements at the Task Order level may include requirements for emergency services beyond the basic (core) requirements. Due to the nature of these services, the Contractor may be required to provide them with little, or no, advance notice. In such circumstances, the Contractor shall be compensated using the hourly Emergency Service Rates. Emergency service rates shall be submitted for all positions in the Price Element Breakdown.

Basic/Core Services – Core services are the permanent ongoing services specifically included in the Task Order(s) at time of award or added through modification up to any established maximums identified in the contract. The Government shall order these services using the core services rates.

Emergency Support Services (ESS) - The Contractor shall furnish fully qualified support staff, management, and/or supervision for sustained emergency support services. Deployments may be too large and small-scale events such as natural disasters, civil disturbances, or other unanticipated events on an as-needed basis. The requirements under the “ESS” Contract Line Item Number (CLIN) shall be ordered for anywhere in the geographic area covered under this contract with little, if any, advance notice. The hourly rate for emergency services shall be inclusive of all costs (including, but not limited to, travel costs) directly related to or incidental to providing service at locations the Government will specify when ordered. There will be no “phase-in” period for these requirements.

The Contractor shall have sufficient, fully qualified staff to meet all requirements ordered under the ESS CLIN at any time.

NOTE: It is possible that the Government may order all estimated hours in a single emergency event.

The Contractor may use reserve forces to fulfill ESS requirements, however, the use of reserve forces to meet ESS requirements will not relieve the Contractor of the requirement to maintain a sufficient reserve force to provide all services under the contract to include ongoing Core Services.

The requirements ordered under the emergency force service CLIN(s) will be for no more than 120 days of service. Thereafter, provided the Government notifies the Contractor within 30 days before the expiration of the emergency force service Task Order, any continuing long-term requirements for those same/similar services shall be at the core services rates.

B.7 Travel NTE Reimbursable

All travel required by the Government outside the local commuting area(s) will be reimbursed to the Contractor in accordance with the Federal Travel Regulations. The Contractor shall be responsible for obtaining COR approval (electronic mail is acceptable) for all reimbursable travel in advance of each travel event. The Contractor shall provide estimated costs, including any quotes, with its approval request. Allowable and reasonable costs incurred by the Contractor will be reimbursed within the "Not to Exceed" ceiling established in the price schedule. The Contractor shall not invoice the Government for any associated fee or profit above the actual costs incurred for travel.

Once the proposed costs are approved by the Government, the Contractor shall not exceed the established ceiling. Local travel will not be reimbursed within a 50-mile radius of the worksite. The worksite will be considered as the location of the Contractor's on-site personnel.

(End of Section B)

C Description/Specifications/Statement of Work

C.1 Contract Scope

Contractor shall provide all Public Safety Telecommunicator and Alarm Monitoring requirements within the IDIQ contract’s Statement of Work (SOW), and within the terms and conditions of this IDIQ contract and resultant Orders. See Attachment J-2 for the IDIQ contract’s SOW. Each Order will incorporate its own, more detailed requirements document.

(End of Section C)

D Packaging and Marking

D.1 Payment of Postage and Fees

All postage and fees related to submitting information, including forms, reports, etc., to the Contracting Officer (CO) or the Contracting Officer’s Representative (COR) shall be paid by the Contractor.

D.2 Marking

All information submitted to the Contracting Officer (CO) or the Contracting Officer’s Representative (COR) shall clearly indicate the IDIQ and Task Order number(s) (if applicable) for which the information is being submitted.

D.3 Branding

Use of Department of Homeland Security Seal:

In accordance with DHS Management Directive 123-06, 18 U.S.C. § 506, 18 U.S.C. § 701, 18 U.S.C.

§ 1017 and 28 U.S.C. § 1733(b), the usage of the DHS seal shall be requested by completing DHS Form 0030 (12/08).

Request shall be submitted to the IDIQ contract’s CO, who will be responsible for submitting the form for review by the DHS Office of Public Affairs.

DHS must be acknowledged in any presentation (oral or written) of work that is a direct result of contractor’s support work to DHS. Any presentation that contractor makes that relates to work conducted by or funded by or for DHS must be provided to the Order level COR with a courtesy copy to the Order level CO for review prior to presentation. Contractor must obtain Order level COR or CO guidance and permission prior to development of presentation or acceptance of invitation to make presentation.

Contractor is not permitted to present DHS work or their participation in DHS work for business promotional purposes, prior to Order level COR and CO permission.

Any questions, comments, or concerns on presentations shall be addressed to the respective Order level COR and CO.

D.4 Advertisements, Publicizing Awards and News Releases

Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the services furnished pursuant to the provisions of this contract in any publicity/news release or commercial advertising without first obtaining explicit written consent to do so from the IDIQ contract’s CO. This restriction does not apply to marketing materials developed for presentation to potential Government customers of this contract vehicle.

For Task Orders, the Contractor shall obtain the written consent of the Order level CO. The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government, or is considered by the Government to be superior to other products or services.

The Contractor shall not post signage in any of the included performance locations without the express written approval from the IDIQ contract’s CO and COR.

(End of Section D)

E Inspection and Acceptance

E.1 Clauses Incorporated by Reference (FAR 52.252-2) (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at www.acquisition.gov/far.

FAR Clause Title Date 52.212-4 Contract Terms and Conditions-Commercial Items (Nov 2023) Alt I (Nov 2021)

(Fillable) Alternate I (Nov 2021). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance.

The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. $0

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-http://www.acquisition.gov/far

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause-

(i) "Direct materials" means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) "Materials" means-

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: No subcontracts excluded; and

(E) Indirect costs specifically provided for in this clause.

(iv) "Subcontract" means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract https://www.acquisition.gov/far/52.202-1#FAR_52_202_1 https://www.acquisition.gov/far/subpart-2.1#FAR_Subpart_2_1 including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the-

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall-https://www.acquisition.gov/far/2.101#FAR_2_101

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: Travel

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: None

(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-

(A) The original timecards (paper-based or electronic);

(B) The Contractor’s timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor’s payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6)(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/33.211#FAR_33_211 https://www.acquisition.gov/far/32.607-2#FAR_32_607_2

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion invoice" and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.

(7) Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions.

(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor.

(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.

(iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.

(8) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(9) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(10) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be https://www.acquisition.gov/far/32.608-2#FAR_32_608_2 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.212-5#FAR_52_212_5 considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

Addendum to FAR 52.212-4 Contract Terms and Conditions—Commercial Items FAR 52.212-4, Paragraph (d) Disputes: Notwithstanding the claim period stated in FAR 52.233-1, Disputes, and pursuant to FAR 33.206, Initiation of a Claim, the Contractor agrees to submit any claim related to this contract [or “order”] within 12 months after accrual of the claim.

E.2 Inspection

(a) Inspection of all services under this IDIQ contract shall be accomplished at the Task Order level by the cognizant COR, or any other duly authorized Government representative in accordance with the applicable FAR clauses and Section C of this IDIQ contract.

(b) All deliverables will be inspected for content, completeness, and accuracy and conformance to IDIQ contract and Task Order requirements. Inspection may include validation of information through the use of automated tools and/or testing of the deliverables, as specified in Section C. The scope and nature of this testing will be sufficiently comprehensive to ensure the completeness, quality, and adequacy of all deliverables and services.

(c) The Government requires a period not to exceed thirty (30) calendar days after receipt of services and final deliverable items for inspection and acceptance or rejection unless otherwise specified in Section C or the terms of a Task Order. The Government shall provide written notification of acceptance or rejection of all final deliverables within 30 calendar days of receipt of services or deliverables. Absent written notification within 30 calendar days of receipt, final deliverables shall be construed as accepted. All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection.

E.3 Acceptance

(a) Acceptance of all work and effort under the associated Task Orders shall be accomplished in writing by the Task Order CO or their duly designated representative.

(b) The basis for acceptance shall be in compliance with the requirements set forth in Section C, the terms and conditions of this contract, and other terms and conditions specified at the Task Order level. Services and/or deliverable items rejected shall be corrected in accordance with the applicable clauses.

(c) Reports, documents and narrative type deliverables will be accepted when all discrepancies, errors or other deficiencies identified in writing by the government have been corrected.

(d) Non-conforming products or services will be rejected or revised as directed by the Task Order CO or COR as specified in Section C. Unless otherwise agreed by the parties, deficiencies will be corrected within ten (10) business days of the rejection notice. If the deficiencies cannot be corrected within the specified period, the Contractor will immediately notify the Task Order Contracting Officer of the reason for the delay and provide a proposed corrective action plan within five (5) business days.

(End of Section E)

F Deliveries or Performance

F.1 Clauses Incorporated by Reference (FAR 52.252-2) (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at www.acquisition.gov/far.

FAR Clause Title Date 52.242-15 Stop-Work Order (AUG 1989)

F.2 Ordering Period of Performance

The full term of the contract will be up to 58 months, if all established optional ordering periods are exercised. The start and end dates for the base ordering period and each optional ordering period will be defined within the resultant IDIQ contract. Applicable periods of performance will be established in resultant Task Orders. Established optional ordering periods may be exercised in accordance with FAR 52.217-9 “Option to Extend the Term of the Contract” and FAR 52.217-8 “Option to Extend Services.”

Please see Section C, attachment J-2 SOW regarding a maximum of sixty (60) days of start-up time from the date of the formal Task Order award against the contract to the initial start of performance.

Task Order performance may extend up to twelve (12) months beyond the IDIQ contract’s expiration or termination date if issued before the IDIQ Contract’s expiration or termination date.

F.3 Place of Performance

Services are to be performed at the Government facilities identified at the following FPS MegaCenter locations (table immediately below). The Contractor shall ensure that its employees are physically present at the identified Government facilities to perform their work unless addressed otherwise. Performance location shall be specified within Task Orders formally awarded.

Battle Creek, Michigan (BMC) 74 North Washington Ave., Battle Creek, MI 49037 Denver, Colorado (DMC) West 6th Ave. & Kipling St., Denver CO 80225 Philadelphia, Pennsylvania (PMC) 200 Chestnut St., Philadelphia, PA 19106 Bren Mar 6315 Bren Mar Drive Alexandria, VA 22312

CSOC

1790 Ash St. SE, Washington, DC 20032 http://www.acquisition.gov/far

Telework/Remote may be authorized for certain position, for specific times, by the COR, with concurrence of the MegaCenter Branch Chief if it is determined to be in the best interest of the government. Personnel on telework must have approved telework plans in accordance with DHS/FPS policy.

Contractor employees fulfilling the Telecommunicator positions shall provide services 24x7x365, Monday through Sunday to include Federal holidays.

In instances where the Government authorizes services at other than the Government’s facility, the COR will notify the vendor as far in advance as practical. The vendor shall ensure the requested services are performed at all times.

The vendor will provide the COR a report identifying what tasks were performed during the duty hours while at an alternative/Telework/Remote location.

F.4 Deliverables

(a) IDIQ Contract deliverables are listed and described in Section C, attachment J-2 SOW.

(b) All applicable Task Order deliverables, their required delivery dates, destination of delivery, and schedule for completion of work to be performed will be specified in Task Orders issued under this IDIQ contract, as applicable.

(c) For purposes of delivery, all deliverables shall be made by close of business (COB) 4:30 P.M.

local time at destination, Monday through Friday, unless stated otherwise in a Task Order.

(d) All deliverables submitted in electronic format shall be free of any known computer virus or defects. If a virus or defect is found, the initial deliverable will not be accepted. The replacement file shall be provided within two (2) business days after notification of the presence of a virus or defect.

(e) In addition to the deliverables required by this contract, additional applicable deliverables may be required, where their specific format and delivery schedule will be specified in the individual Task Orders issued under this IDIQ contract.

F.5 Workspace

Contractor personnel are responsible for their own workspace and therefore, shall at the end of each workday clean up all debris, properly discard all materials, and properly store all sensitive documents resulting from their operations. If telecommuting, contractor personnel shall ensure all Government issued property is well guarded at all times by contractor personnel and all Government information is protected from public view. Negligence or loss of property and Government information will have negative impact on Contractor performance evaluation and may result in the removal of contractor personnel from the TO.

(End of Section F)

G Contract Administration Data

G.1 Accounting and Appropriation Data

Accounting and appropriation data for obligations under the IDIQ contract will be set forth on individual Task Orders.

G.2 Primary Government Roles and Responsibilities

The following subsections describe the roles and responsibilities of individuals and/or authorized users who will be the primary Points of Contact (POC) for the Government on matters regarding IDIQ contract administration as well as other administrative information. The Government reserves the right to unilaterally change any of these individual assignments at any time.

G.3 Contracting Officer (CO) – IDIQ Contract Level

The IDIQ contract’s CO has the overall responsibility for administration of the IDIQ contract. The IDIQ contract CO, without right of delegation, is the only authorized individual to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. In the event the Contractor effects any such change at the direction of any person other than the IDIQ contract CO, the change will be considered to have been made without authority, and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The IDIQ contract CO for this contract is:

Name: Gregory Blaszko Email: Gregory. Blaszko@hq.dhs.gov Tel No: 202-875-2607

G.4 Contracting Officer’s Representative (COR) – IDIQ Contract Level:

The IDIQ contract COR is responsible for the receipt and acceptance of the IDIQ-level deliverables and reports and past performance reporting for the IDIQ contract. The COR supports the IDIQ contract CO in the general management of the program. The IDIQ contract COR will be:

Name: TO BE COMPLETED AT TIME OF AWARD Email: TO BE COMPLETED AT TIME OF AWARD Tel No: TO BE COMPLETED AT TIME OF AWARD

The IDIQ contract COR for this contract will be identified by the IDIQ contract CO through a written designation. A copy of the letter of designation with specific duties and responsibilities will be provided to the Contractor.

G.5 Program Manager (PM) – IDIQ Contract Level:

The Program Manager (PM) has the overall responsibility for Public Safety Telecommunicator and mailto:Blaszko@hq.dhs.gov

Alarm Monitoring services within the FPS, MegaCenter program. The PM, with support of the IDIQ- Level COR, is responsible for the program related activities, including reporting, communications, marketing, outreach, and training. The PM is:

Name: TO BE COMPLETED AT TIME OF AWARD Email: TO BE COMPLETED AT TIME OF AWARD Tel No: TO BE COMPLETED AT TIME OF AWARD

G.6 Order Level Contracting Officer (CO)

All warranted DHS, Office of Procurement Operations (OPO) and FPS AD, Consolidated Contracting Group (CCG) COs are considered Task Order Level CO’s.