70Z08425RALAM0002 RFP Bay Area Housing.pdf

Housing Maintenance Services Bay Area, CA

NOTICE TO OFFEROR

SOLICITATION NUMBER: 70Z08425RALAM0002

The Department of Homeland Security (DHS), U.S. Coast Guard (USCG), Operational Logistics Command (LOGCOM) Regional Contracting West (LOG-942) will acquire the services outlined in the solicitation utilizing procedures in Federal Acquisition Regulation (FAR) Part 12, FAR Part 15, and in accordance with (IAW) FAR 19.8 and the Department of Homeland Security’s (DHS)/SBA Partnership Agreement. This is a Competitive Solicitation for 8(a) Small Business Firms under the Small Business Administration’s (SBA) Program.

The North American Industry Classification System (NAICS) code 561210 applies to this Request for Proposal (RFP), and its size standard is $47 million. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03 dated 01/17/2025.

CAREFULLY READ THE ENTIRE SOLICITATION AND COMPLETE ALL REQUIRED

DOCUMENTATION. SEE SECTION V – PROPOSAL SUBMISSION INSTRUCTIONS FOR THE LIST OF

WHAT IS REQUIRED TO BE SENT WITH YOUR PROPOSAL

ALL AMENDMENTS TO THE SOLICITATION MUST BE ACKNOWLEDGED IN WRITING

Note: Only send questions/concerns to the Contract Specialist listed on the SF-1449 or, if not available, to the Primary Contracting Officer listed in this solicitation. DO NOT ask or submit questions/concerns regarding this solicitation to any other USCG or government personnel.

TABLE OF CONTENTS

SECTION I – SOLICITATION/CONTRACT FORM...…………………………………..2

SECTION II – CONTRACT CLAUSES, TERMS, AND CONDITIONS………………..5

SECTION III – LIST OF ATTACHMENTS………………………………………

SECTION IV – SOLICITATION PROVISIONS…………………………………………32

SECTION V – PROPOSAL SUBMISSION INSTRUCTIONS…………………

SECTION VI – EVALUATION OF OFFER…………………………….………………..43

SECTION VII – OFFEROR REPRESENTATIONS AND CERTIFICATIONS……

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SECTION I – CONTINUATION PAGES FOR SF 1449

Continuation of SF-1449 Block 15:

Deliver To: (USCG) Bay Area Housing: Alameda, Novato, Petaluma and Yerba Buena Island (YBI) CA. See Statement of Work (SOW) for more details. Location of the Four USCG Facilities Sites are:

The Contractor shall provide personnel and supervision necessary to provide comprehensive Housing Maintenance services at USCG military housing facilities located in Alameda, Novato, Petaluma and Yerba Buena Island (YBI) California in accordance with the terms and conditions of the Statement of Work (SOW). The contractor will also provide for grounds maintenance for the entire housing area of Alameda and janitorial services at the Alameda Housing Office.

USCG Housing Sector San Francisco USCG Novato Tracen Petaluma Alameda USCG 1 Yerba Buena Island Housing Housing 99 Mosley Avenue San Francisco, CA 227 South Oakland 599 Tomales Road Alameda, CA 94501 94130-9309 Novato, CA 94949 Petaluma, CA 94952

Place of Acceptance on behalf of the Government: USCG Bay Area Housing: Alameda, Novato, Petaluma and Yerba Buena Island (YBI) CA.

Continuation of SF-1449 Block 16: Administered By (LOG-94 Regional Contracting West)

Notwithstanding the Contractor’s responsibility for total management during the performance of the contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The individuals listed below will be the Government points of contact during the performance period.

Contract Administration: The USCG Director of Operational Logistics Command, Office of Procurement & Contracting Services will perform all contract administration. Address all communications pertaining to contractual administrative matters to the Contracting Officer (KO), the Contracting Officer Representative or the Contract Specialist (KS). Changes in, or deviations from, the SOW or terms and conditions of the contract shall not be affected without written modification to the contract as executed by a LOG Contracting Officer (KO).

The Contract Specialist: serves as the point of contact between the Contractor and the Contracting Officer, however, does not have a warrant that provides the authority to contractually commit the Government.

Contracting Officer’s Representative (COR): is a government employee designated in writing by the KO to act as a technical advisor for the KO for services/items within the scope of the contract. The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in

P a g e | 3 requirements; (2) interpreting the Performance Work Statement and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by the contract; and (5) assisting in the resolution of technical problems encountered during performance. A designation letter will set forth the name of the COR/CORs and the authorities and limitations of the COR(s) under the contract. This person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.

Continuation of SF1449 - Block 18b/Invoice Submission

INVOICE PAYMENT INSTRUCTIONS

All invoices from the Contractor shall be submitted electronically IAW FAR 52.232.33, Payment by Electronic Funds Transfer-System for Award Management.

You will submit proper invoices associated with this award through the Invoice Processing Platform (IPP) at https://www.ipp.gov/. IPP is a secure web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency.

Actions to take:

If you are already enrolled in IPP:

If your company is already registered to use IPP, you will not be required to re-register and you do not need to contact IPP.

If you are NOT already enrolled in IPP:

The point of contact you provided in your SAM.gov registration will receive two emails from ipp.noreply@mail.eroc.twai.gov. Please note that emails from this email address may filter into your spam or junk folder:

1. The first email will have the IPP Logon ID and a link to the IPP application.

2. A second email, which will be sent within 24 hours of the first email, contains a temporary password.

Once your contact receives these emails, please ensure they log into IPP and complete the registration process.

Once registered to use IPP, your company may submit invoices electronically, receive e-mail notifications when requests are paid, view payment history, and access remittance downloads. The e-mail notification of payment is sent when a payment is distributed to your bank account and may include the following payment information: Date of payment, dollar amount, invoice number, paying agency, payee name, and ACH trace number.

Vendor training materials, including a first-time login tutorial, are available on the https://www.ipp.gov/ website. Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities, ranging from creating and submitting an invoice to setting up email notifications. Live webinars are held monthly and provide a https://www.ipp.gov/ mailto:ipp.noreply@mail.eroc.twai.gov https://www.ipp.gov/

P a g e | 4 great opportunity to learn the basic of the system and to call in and ask the IPP team questions about the IPP application.

IPP Customer Support is available to assist users of the system and can answer your questions related to accessing IPP or completing the registration process.

• Toll-free number: 866-973-3131

• Email address: IPPCustomerSupport@fiscal.treasury.gov

• Hours of operation: Monday through Friday (excluding bank holidays) from 8:00 am - 6:00 pm

ET

A copy of the Invoice and Supporting documentation shall also be e-mailed to the assigned KS and COR prior to or immediately after submitting your invoice to IPP as described above. Failure to do this may result in the delay of payment. POCs will be given at time of award.

Continuation of SF-1449 Blocks 19-24: Schedule of Supplies/Services

This is a single award Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract with firm-fixed price CLINS. Services to be furnished under this contract shall be ordered by the issuance of task orders by the Contracting Officer. The minimum guaranteed amount, permitting availability of funds, the government intends to award the reoccurring annual standing work items as task order 0001 concurrently with the basic contract award to fulfill the minimum contract value.

All Contract Line Item Numbers (CLINs) on the Schedule of Prices (to include Standing work, IDIQ, or Level II work, etc.), if ordered, will be funded on Task Orders issued against the contract. Standing Work items are the recurring services that are expected to be ordered annually and funded in accordance with the Availability of Funds clause. IDIQ work is that which is required and expected but the exact timing and quantity is unknown. The estimated quantities for these items are the best estimate of expected actual need. These CLINs will be ordered as the need arises. Task Orders may contain Standing Work and/or IDIQ CLINs. Please see the Excel form, Attachment 1 - CLIN Schedule of Prices, for offerors to fill in. Offerors shall use this Excel form only; no substitute forms are allowed. In addition, the offerors shall not extend their cost more than two decimal points out; costs shall not be less than one hundred of a cent. As such, please round your cost up/down to nearest tenth of a cent. For example, if you want to propose $2.013 for CLIN, please round to $2.01. Please note that there are two (2) tabs within Attachment 1 - CLIN Schedule of Prices to fill out.

NOTE: The contractor shall price the services all-inclusive in accordance with the schedule, taking into consideration any cost-of-living increases and inflation for each additional year. The contractor shall not escalate labor rates that are covered under wage determinations (exempt wages excluded) since, at each ordering period, any updated wage determinations/amendments to collective bargaining agreement will be incorporated at which time the contractor may request a wage adjustment in accordance with the Service Contract Labor Standards and/or Construction Wage Requirements provisions of this contract. IDIQ Estimated Quantities: The quantities specified in the “Schedule of Prices” are estimates only and may be purchased by this contract. The quantities needed may vary depending on the needs of the U.S. Coast Guard.

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PERIOD OF PERFORMANCE: 15 September 2025 through 31 March 2030 The Contractor shall provide personnel and supervision necessary to provide comprehensive Housing Maintenance services at USCG military housing facilities located in Alameda, Novato, Petaluma and Yerba Buena Island (YBI) California in accordance with the terms and conditions of the Statement of Work (SOW). The contractor will also provide for grounds maintenance for the entire housing area of Alameda and janitorial services at the Alameda Housing Office.

Base Period: 09/15/2025 – 03/31/2026 Option Year 1: 04/01/2026 – 03/31/2027 Option Year 2: 04/01/2027 – 03/31/2028 Option Year 3: 04/01/2028 – 03/31/2029 Option Year 4: 04/01/2029 – 03/31/2030

SECTION II – CONTRACT CLAUSES, TERMS, AND CONDITIONS

Contract Clauses:

FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023)

As prescribed in 12.301(b)(3), insert the following clause:

CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2023)

(a)Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1)Within a reasonable time after the defect was discovered or should have been discovered;

and

(2)Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b)Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727).

However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c)Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

https://www.acquisition.gov/far/12.301#FAR_12_301

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(d)Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f)Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g)Invoice. (1)The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i)Name and address of the Contractor;

(ii)Invoice date and number;

(iii)Contract number, line item number and, if applicable, the order number;

(iv)Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v)Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi)Terms of any discount for prompt payment offered;

(vii)Name and address of official to whom payment is to be sent;

(viii)Name, title, and phone number of person to notify in event of defective invoice; and

(ix)Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x)Electronic funds transfer (EFT) banking information.

(A)The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B)If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1

P a g e | 7 accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C)EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2)Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h)Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i)Payment.- (1)Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2)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.

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

(4)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 considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5)Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or 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.

https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://www.acquisition.gov/far/52.212-5#FAR_52_212_5 https://www.acquisition.gov/far/52.212-5#FAR_52_212_5

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(6)Interest. (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, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed 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 within 30 days;

(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 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.

(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.

(j)Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7109&num=0&edition=prelim https://www.acquisition.gov/far/33.211#FAR_33_211 https://www.acquisition.gov/far/32.607-2#FAR_32_607_2 https://www.acquisition.gov/far/32.608-2#FAR_32_608_2

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(1)Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2)Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k)Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(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 a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, 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 which 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.

(n)Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o)Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p)Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q)Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r)Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1352&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section431&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title40-chapter37&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter87&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40118&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter21&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter21&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim

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(s)Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1)The schedule of supplies/services.

(2)The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3)The clause at 52.212-5.

(4)Addenda to this solicitation or contract, including any license agreements for computer software.

(5)Solicitation provisions if this is a solicitation.

(6)Other paragraphs of this clause.

(7)The Standard Form 1449.

(8)Other documents, exhibits, and attachments.

(9)The specification.

(t)[Reserved]

(u)Unauthorized Obligations. (1)Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation ( 31 U.S.C. 1341), the following shall govern:

(i)Any such clause is unenforceable against the Government.

(ii)Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii)Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2)Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v)Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

https://www.acquisition.gov/far/52.212-5#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1341&num=0&edition=prelim

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(End of clause)

FAR Clause 52.216-18 Ordering (Aug 2020)

As prescribed in 16.506(a), insert the following clause:

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 15 September 2025 through 31 March 2030.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract

FAR 52.216-19 Order Limitations.

As prescribed in 16.506(b), insert a clause substantially the same as follows:

Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor— https://www.acquisition.gov/far/16.506#FAR_16_506 https://www.acquisition.gov/far/current/html/Subpart%2016_5.html#wp1093261

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(1) Any order for a single item in excess of _$2,500,000.00;

(2) Any order for a combination of items in excess of _$5,000,000.00; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _3_ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

FAR 52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after One Year After the Expiration Date of the Contract.

https://www.acquisition.gov/far/current/html/52_216.html#wp1115057

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FAR Clause 52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 01 calendar day.

FAR Clause 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 01 calendar day of the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 01 day before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of Clause)

FAR Clause 52.219-17 Section 8(a) Award (Oct 2019)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section8(a) of the Small Business Act, as amended (15 U.S.C.637(a)).

(2) Except for novation agreements, delegates to the USCG-LOG-94 the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

P a g e | 14 give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the USCG-LOG-94 Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the “Disputes” clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(End of Clause)

FAR Clause 52.252-2 Clauses Incorporated by Reference (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 this/these address(es):

• Federal Acquisition Regulation (FAR): https://www.acquisition.gov/

• Homeland Security Acquisition Regulation (HSAR): https://www.dhs.gov/publication/hsar

FAR 52.202-1 Definitions Jun 2020 FAR 52.203-3 Gratuities Apr 1984

FAR 52.203-12

Limitation on Payments to Influence Certain Federal Transactions Jun 2020

FAR 52.204-4

Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011

FAR 52.204-9

Personal Identity Verification of Contractor Personnel Jan 2011

FAR 52.204-13

System for Award Management Maintenance Oct 2018

FAR 52.204-18

Commercial and Government Entity Code Maintenance Aug 2020

FAR 52.209-9

Update of Publicly Available Information Regarding Responsibility Matters Oct 2018

FAR 52.209-10

Prohibition on Contracting With Inverted Domestic Corporations Nov 2015

FAR 52.223-3

Hazardous Material Identification and Material Safety Data Feb 2021

FAR 52.223-5 Pollution Prevention and Right-to-Know May 2024 https://www.acquisition.gov/ https://www.dhs.gov/publication/hsar

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Information

FAR 52.223-17

Affirmative Procurement of EPA- Designated Items in Service and Construction Contracts Aug 2018

FAR 52.228-5

Insurance-Work on a Government Installation Jan 1997

FAR 52.229-3 Federal, State, and Local Taxes Feb 2013 FAR 52.232-18 Availability of Funds Apr 1984

FAR 52.232-19

Availability of Funds for the Next Fiscal Year Apr 1984

FAR 52.232-39

Unenforceability of Unauthorized Obligations Jun 2013

FAR 52.232-40

Providing Accelerated Payments to Small Business Subcontractors Mar 2023

FAR 52.237-2

Protection of Government Buildings, Equipment and Vegetation Apr 1984

FAR 52.237-3 Continuity of Services Jan 1991 FAR 52.242-13 Bankruptcy Jul 1995 FAR 52.242-15 Stop Work Order Aug 1989 FAR 52.245-1 Government Property Sep 2021 FAR 52.248-1 Value Engineering Jun 2020

HSAR 3052.211-70 Index for Specifications Dec 2003

HSAR 3052.222-70

Strikes or Picketing Affecting Timely Completion of the Contract Work Dec 2003

HSAR 3052.223-70

Removal or Disposal of Hazardous Substances –Applicable Licenses and Permits (30 days) Jun 2006

FAR

52.222-2

Payment For Overtime Premiums Jul 1990 FAR 52.222-6 Construction Wage Rate Requirements Aug 2018

FAR 52.222-7

Withholding Of Funds

May 2014 FAR 52.222-8 Payrolls And Basic Records Jul 2021 FAR 52.222-10 Compliance With Copeland Act Requirements Feb 1988 FAR 52.222-11 Subcontracts (Labor Standards) May 2014 FAR 52.222-12 Contract Termination—Debarment May 2014

FAR 52.222-13

Compliance With Construction Wage Rate

And Related Regulations May 2014 FAR 52.222-14 Disputes Concerning Labor Standard Feb 1988 FAR 52.222-15 Certification Of Eligibility May 2014

FAR 52.222-40

Notification of Employee Rights Under the

National Labor Relations Act. Dec 2010 FAR 52.225-13 Restrictions On Certain Foreign Purchases Feb 2021 FAR 52.227-1 Authorization and Consent Jun 202 FAR 52.228-2 Additional Bond Security Oct 1997 https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_40

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FAR 52.228-5 Insurance-Work on a Government Installation Jan 1997 FAR 52.228-11 Individual Surety - Pledges Of Assets Feb 2021

FAR 52.232-5

Payments Under Fixed-Price Construction

Contracts May 2014 FAR 52.232-27 Prompt Payment For Construction Contracts Jan 2017 FAR 52.236-2 Differing Site Conditions Apr 1984

FAR 52.236-3

Site Investigation And Conditions Affecting

The Work Apr 1984 FAR 52.236-5 Material And Workmanship Apr 1984 FAR 52.236-6 Superintendence By The Contractor Apr 1984 FAR 52.236-7 Permits And Responsibilities Nov 1991 FAR 52.236-8 Other Contracts Apr 1984

FAR 52.236-9

Protection Of Existing Vegetation, Structures, Equipment, Utilities, And Improvements Apr 1984 FAR 52.236-10 Operations And Storage Areas Apr 1984 FAR 52.236-11 Use and Possession Prior to Completion Apr 1984 FAR 52.236-12 Cleaning Up Apr 1984 FAR 52.236-13 Accident Prevention Nov 1991 FAR 52.236-14 Availability and Use of Utility Services Apr 1984 FAR 52.236-21 Specifications and Drawing for Construction Feb 1997 FAR 52.236-26 Preconstuction Conference Feb 1995 FAR 52.236-28 Preparation of Proposals Oct 1997 FAR 52.228-12 Prospective Subcontractor Requests For Bonds Dec 2022 FAR 52.228-14 Irrevocable Letter Of Credit Nov 2014

FAR 52.228-15

Performance and Payment Bonds -

Construction Jun 2020 FAR 52.242-14 Suspension of Work Apr 1984 FAR 52.243-1 Changes-Fixed Price Aug 1987

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

(a) (1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 3801, within 15 days after receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

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(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.

FAR 52.252-6 - Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Homeland Security Acquisition Regulation (HSAR) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

HSAR Clause 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (Jul 2023)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions.

(b) Clauses.

_X__ 3052.204-71 - Contractor Employee Access _X__ 3052.205-70 - Advertisement, Publicizing Awards, and Releases _X__ 3052.215-70 - Key Personnel or Facilities. = ONSITE SUPERVISOR _X__ 3052.228-70 - Insurance _X__ 3052.242-72 - Contracting Officer’s Representative

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES

(DEVIATION 20-05) (JUL 2024)

(a) Definitions. As used in this clause- Kaspersky Lab covered article means any hardware, software, or service that–

(1) Is developed or provided by a Kaspersky Lab covered entity;

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(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.

Kaspersky Lab covered entity means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky

Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from—

(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and

(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

mailto:Incidents@hq.dhs.gov https://dibnet.dod.mil/

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FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment ((DEVIATION 20-05) (DEC 2020)

(a) Definitions. As used in this clause-

"Backhaul" means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

"Covered foreign country" means The People's Republic of China. "Covered telecommunications equipment or services" means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Critical technology" means-

(l) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

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(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part…