Modification POR 19GE2125P1371 SF-30 Amendment of Solicitation Modification of Contract.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

Harley, Caroline

This modification clarifies updates to the Statement of Work, specifically the following sections:Section H.4 – Performance ScheduleThe sentence, “All supplies and minor spare parts necessary to perform all below services will be provided by the General Services Office upon request from the contractor. This includes gravel for winter services.” has been added to clarify the Government’s responsibility to provide certain materials.Section H.5.1 – Materials and EquipmentSection H.5.2 – Government-Furnished Property/EquipmentThese three sections have been revised to clearly define which materials and equipment must be provided by the contractor and which will be supplied by the U.S. Government (USG). These clarifications ensure mutual understanding of responsibilities related to supplies, tools, and equipment required for contract execution.

US CONSULATE GENERAL MUNICH

Königinstr. 5. 80539 Munich, Attn: Procurement

US Consulate General Munich, Königinstr. 5, 80539

19GE2125P1371

07/14/2025

07/14/2025

7/14/2025

SBU - CONTRACTING AND ACQUISITIONS

Table of Contents

SECTION I – THE SCHEDULE

A. BACKGROUND / SCOPE OF SERVICES

B. ACRONYMS AND ABBREVIATIONS

C. PRICING

D. DELIVERABLES

E. INSURANCE REQUIREMENTS

F. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

G. CONTRACTING OFFICER´S REPRESENTATIVE AND POST CONTROL OFFICER

H. STATEMENT OF WORK

I. ACCESS TO GOVERNMENT BUILDINGS AND STANDARDS OF CONDUCT

J. LAWS AND REGULATIONS

SECTION II – CONTRACT CLAUSES

52.252-2 Clauses Incorporated By Reference (Feb 1998)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. (Jan 2025) (DEVIATION FEB 2025)

52.217-8 Option to Extend Services (Nov 1999)

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

652.204-70 Department of State Personal Identification Card Policy and Procedures (FEB 2015)

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

52.246-20 Warranty of Services (May 2001)

SECTION III – SOLICITATION PROVISIONS

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023)

INSTRUCTIONS TO OFFERORS

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

52.233-2 Service of Protest (Sept 2006)

SECTION IV – EVALUATION FACTORS

A. EVALUATION PROCESS AND FACTORS

B. SEPARATE CHARGES

C. AWARD WITHOUT DISCUSSIONS

52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)

52.217-5 Evaluation of Options (July 1990)

52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)

SECTION V – REPRESENTATIONS AND CERTIFICATIONS

CERTIFICATION REGARDING COMPLIANCE WITH APPLICABLE U.S. FEDERAL ANTI-

DISCRIMINATION LAW (Required under EO 14173, January 2025)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (May 2024)

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020) 89

652.225-70 Arab League Boycott of Israel

Defense Base Act - Covered Contractor Employees Under The Defense Base Act

ATTACHMENTS:

• Attachment 1 – Pricing

• Attachment 2 – Contract Information / Experience Listing

• Attachment 3 – Form W-14

SECTION I – THE SCHEDULE

CONTINUATION TO SF-1449

PRICES – BLOCK 23

A. BACKGROUND / SCOPE OF SERVICES

A.1. The Contractor shall perform caretaker services including furnishing all labor, material, equipment, transportation and services, for the American Consulate, Munich, Germany (offsite) at the Principal Officer Residence (POR) as specified in the Statement of Work. The price listed below shall include all labor, materials, insurance (see FAR 52.228-4 and 52.228- 5), overhead, and profit. The Government will pay the Contractor the fixed price per month for standard services and per hour for any optional and temporary additional services that have been satisfactorily performed.

A.2. The contract resulting from this solicitation shall be a Firm Fixed-Price Purchase Order. The fixed prices are listed in Attachment 1 – Pricing.

A.3. MINIMUM (Reference Section I, Clause 52.216-22(b))

During the term of this contract, the Government shall order, as a minimum, services in an amount of at least $5,000.00 or equivalent in local currency.

The Government makes no guarantee as to the number of orders or actual amount of services that will be requested above the guaranteed minimum of $5,000.00 or equivalent in local currency.

The maximum dollar value during the entire life of this contract is $250,000.00

A.4. All Companies will be required to submit personal information forms. Employees of successful companies working on the premises of the United States government and or the dwelling places will undergo security screening before work can commence.

B. ACRONYMS AND ABBREVIATIONS

Acronym Definition

CLIN Contract Line Item Number

CO Contracting Officer

COR Contracting Officer´s Representative

FMO Financial Management Office

QA Quality Assurance

SOW Statement of Work

USG United States Government

C. PRICING

The contractor shall complete all work, furnishing all labor, material, equipment and services, unless otherwise specified herein, required under this contract for the firm fixed unit prices indicated below and within the time specified herein. These individual prices shall include all labor, materials, profit, and, if applicable, value-added tax (VAT).

Any costs not separately priced will be considered to be included in the individual prices as overhead or other indirect cost. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctuations in the currency exchange rates.

Attachment 1 - Pricing table will be inserted here with contract award

C.1. Value Added Tax (VAT) If applicable, the contractor shall be responsible for paying to the appropriate authority the applicable rate of Value Added Tax (VAT). Offerors shall identify the VAT as a separate line item.

The VAT shall also be a separate cost item on all invoices.

The contractor will be reimbursed for VAT only up to the amount listed in the contract and upon presentation of proof that VAT has been paid to the host country government against a valid VAT registration number. Any refund of VAT to the contractor shall be paid to the Government to the extend the Government reimbursed the contractor for VAT payment.

C.2. Defense Base Act (DBA) Insurance C.2.1 DBA insurance is required for all United States citizens or residents and individuals hired in the United States, regardless of citizenship for any construction and services for U.S. overseas contracts over US-$10,00.00. Only the countries listed currently on the Department of Labor’s (DOL) Active DBA Waivers are not required to have DBA insurance for Host Country Nationals (HCNs) and Third Country Nationals (TCNs) working overseas. (See website for country waivers:

https:// www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm).

C.2.2 The DBA insurance may be obtained from any authorized DBA insurance broker, FAR 52.228-3 Workers’ Compensation Insurance (Defense Base Act) (Jul 2014). New DBA insurances policies can be purchased directly from any DOL approved insurance carrier. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm

C.2.3 The Contractor will be reimbursed for DBA only to the extent the contractor provides documentary proof that DBA has been paid and only to the extent quoted in the price proposal.

Germany is currently included on the DOL’s active waiver list; therefore, DBA insurance is required only for employees performing work on this contract who are either citizens or residents of the USA, or are hired in the USA through the period of one base year and four option year periods (if exercised).

http://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm http://www.dol.gov/owcp/dlhwc/lscarrier.htm

C.3. Currency Offeror shall insert the currency the prices are offered in:

The currency shall be fixed and cannot be changed by modification to the contract.

C.4. JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT OF 2010 NOTICE

Unless a waiver or exception applies, payments subsequent to this procurement are subject to an excise tax of 2% pursuant to 26 U.S.C. 5000c.

D. DELIVERABLES

The following deliverables shall be delivered under this contract in accordance with the following delivery schedule:

Description Reference Delivery Date Deliver To Personnel Biographic Information for Security Screening

Section I, A.4. & I.2.

15 days after award COR

Transition Plan Section I, H.7. 15 days after award COR Work Plan Section I, H.

SOW

With proposal CO

List of Personnel Section I, H.6. & Section III, Instructions to Offerors

With proposal CO

Proof of Insurance Section III, Instructions to Offerors

With proposal CO

Licenses/Permits Section III, Instructions to Offerors

With proposal CO

Certification Regarding Trafficking in Persons Compliance Plan

Section III, Instructions to Offerors

With proposal CO

E. INSURANCE REQUIREMENTS

E.1. Amount of Insurance

The Contractor is required to provide whatever insurance is legally necessary. The Contractor shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

E.2. General Liability

(includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury)

1. Bodily Injury stated in Euros:

Per Occurrence 500.000,00 Euro Cumulative 1.000.000,00 Euro

2. Property Damage stated in Euros:

Per Occurrence 500.000,00 Euro Cumulative 1.000.000,00 Euro

E.3. The types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

E.4. Worker's Compensation Insurance

For those Contractor employees assigned to this contract who are either United States citizens or direct hire in the United States or its possessions, the Contractor shall provide workers’ compensation insurance in accordance with FAR 52.228-3 (C.2. Defense Base Act (DBA) Insurance).

E.5. The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to:

a) any property of the Contractor,

b) its officers,

c) agents,

d) servants,

e) employees, or

f) any other person, arising from and incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising, except in the instance of gross negligence on the part of the Government.

The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

E.6. Government as Additional Insured. The general liability policy required of the Contractor shall name "the United States of America, acting by and through the Department of State", as an additional insured with respect to operations performed under this contract.

E.7. Time for Submission of Evidence of Insurance. The Contractor shall provide evidence of the insurance required under this contract within ten (10) calendar days after contract award. The Government may rescind or terminate the contract if the Contractor fails to timely submit insurance certificates identified above.

F. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan is designed to provide an effective surveillance method to promote effective contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor contractor performance, advise the contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance.

The contractor, not the USG, is responsible for management and quality control to meet the terms of the contract. The role of the USG is to conduct quality assurance to ensure that contract standards are achieved.

Performance Objective Reference Performance Threshold Performs services as set forth in the Statement of Work

Section I, H.

STATEMENT OF

WORK

All required services are performed and no more than two (2) customer complaints is received per month.

F.1. Surveillance The COR will receive and document all complaints from USG personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

F.2. Standard The performance standard is that the USG receives no more than two (2) customer complaints per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause, Inspection of Services-Fixed-Price (Aug 1996), or the appropriate Inspection of Services clause, if any of the services exceed the standard.

F.3. Complaint Procedures

a. If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.

b. The COR will complete appropriate documentation to record the complaint.

c. If the COR determines the complaint is invalid, the COR will advise the complainant. The

COR will retain the annotated copy of the written complaint for his/her files.

d. If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available.

The COR shall determine how much time is reasonable.

e. The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

f. If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor shall notify the COR. The COR will review the matter to determine the validity of the complaint.

g. The COR will consider complaints as resolved unless notified otherwise by the complainant.

h. The COR will consider complaints as resolved unless notified otherwise by the complainant.

i. Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

G. CONTRACTING OFFICER´S REPRESENTATIVE AND POST CONTROL OFFICER

After contract award, all technical questions concerning the scope and requirements of the U.S. Consulate General Munich shall be directed to the Contracting Officer’s Representative

(COR).

The COR for this contract will be appointed at contract award.

H. STATEMENT OF WORK

H.1. Duties and Responsibilities H.1.1. The Contractor shall provide Caretaker Staff for the following fixed daily work hours, to be on the premises daily Mon-Fri from/ to:

Caretaker 1: from 07:00- to 12:00

All standard services described under SOW are to be delivered during these working hours. The provided Performance Schedule under H.4. is subject to be adjusted by the CO during the contract period if required.

H.1.2. Contractor shall schedule routine cleaning requirements to ensure that these are done in the order and time frame that are most efficient and have the least impact on normal operations. They are to be performed on a daily basis.

H.1.3. Contractor shall schedule periodic cleaning requirements so that it causes minimal disruption to the normal operation of the facility. The COR shall determine the schedules presented which meet the needs of the individual facility.

H.2. Types of Services See H.4. - Performance Schedule

H.3. Management and Supervision H.3.1. The contractor shall designate a representative who shall be responsible for on-site supervision of the Contractor's workforce at all times. This supervisor shall be the focal point for the Contractor and shall be the point of contact with U.S. Government personnel. The supervisor shall have sufficient English language skill to be able to communicate with members of the U.S. Government staff. The supervisor shall have supervision as his or her sole function.

H.3.2. The Contractor shall maintain schedules. The schedules shall take into consideration the hours that the staff can effectively perform their services without placing a burden on the security personnel of the Post. For those items other than routine daily services, the contractor shall provide the COR with a detailed plan as to the personnel to be used and the time frame to perform the service.

H.3.3. The Contractor shall be responsible for quality control. The Contractor shall perform inspection visits to the work site on a regular basis. The Contractor shall coordinate these visits with the COR. These visits shall be surprise inspections to those working on the contract.

H.3.4. The Contractor shall control overtime through efficient use of the work force. Individual work schedules shall not exceed 40 hours per week to preclude overtime being part of the standard services provided under the contract. Overtime may be necessary under Temporary Additional Services.

H.4. Performance Schedule All standard services are to be delivered on regular Embassy working days.

Location Total area Sequence Scheduled Times

Escort

Principal Officer Residence – Outside area Principal Officer Residence – Outside area

Ca. 3000 sqm daily 07:00 – 12:00 No

Including:

Caretaker will be responsible to maintain a neat and clean appearance of the entire compound and the common sidewalk outside the compound.

The Contractor will perform the following services depending on season during a fixed time frame mentioned above with the exception of winter services and emergency services, which must be performed whenever required as below. During these time frames contractor staff must be present on site to perform the required duties.

Winter services will be performed when required by weather conditions Monday through Sunday, from 06:00 until 24:00.

All walkways, driveway, entrance and patio must be kept free of snow and ice in order to keep them in a safe and usable condition. This might include applying gravel to maintain non slippery surfaces at any time. The USG will provide gravel/salt for winter services.

General Regular Services Period frequency

1. Sweep sidewalks, driveway, entrance, patio and rain shafts, o cleaning of outdoor furniture and equipment. all year daily

2. Rake and dispose of leaves and debris Mar - Nov daily throughout the compound

3. Monitor Pool chemical dispenser/refill chemicals May - Sep daily Monitor and maintain water quality in pool

4. Run automatic pool cleaner machine May - Sep daily

5. Clean pool skimmer (initial clean up incl.) May - Sep daily

6. Remove and dispose of weeds/moss in gaps/between Mar - Oct bi-weekly

Patio and walkway tiles

7. Clean rain gutters and rain shafts Mar - Oct bi-monthly

8. Clean all walkways and patios with high pressure cleaner 2nd week in March and 2nd week in September

9. Clean pool (all walls and bottom) before filling 2nd week in May

10. Water bushes, trees, flower beds and lawn Apr - Oct as required

11. Mowing lawns as needed.

12. General Garden maintenance

13. Remove weeds in the whole area and along the fence ( Inside/outside)

14. Trees and plants cut to a professional free extent. Jan – Dec as required

Winter Services period frequency

1. Remove snow and keep walkways, driveways, patios Oct - Apr as required by and other paved areas throughout the compound free of weather condition snow and ice

2. Remove snow and keep small gravel walk way in the Oct – Apr as required by Back garden free of snow. weather condition (Approx. 200m long and 1m wide)

3. Keep entrance area and steps free from snow and ice Oct – Apr as required by weather condition

4. Remove snow and keep pedestrian walkway clean and free of snow and ice on the outside Oct - Apr as required by weather condition

(This is subject to all applicable rules and regulations established by the City of Munich regarding obligations of house owners)

5. Apply gravel on all walkways, driveways, patios Oct - Apr as required by and other paved areas, if slippery due to ice/snow weather condition

6. Remove gravel/sand from walkways, driveways, patios Oct - Apr each time upon and other paved areas throughout the compound and on snow/ice has the walkway outside, along the Opitzstrasse 8 perimeter wall melted

H.5. Materials and Equipment H.5.1. Responsibilities for Materials, Supplies, and Equipment

To ensure clarity on resource allocation, the following outlines which materials and equipment will be provided by the U.S. Government (USG) and which are to be supplied by the Contractor:

Provided by the USG:

• Pool chemicals and testing supplies

• Robotic lawn mowing system and relevant consumables

• Water and electricity

• Gravel/salt for winter services

• 1 lockable storage closet for Contractor use

Note: Gardening services are contracted separately. The Caretaker is only responsible for light outdoor maintenance and tasks as stated in H.4.

Provided by the Contractor:

• All cleaning supplies, tools, and equipment necessary to perform regular and periodic outdoor cleaning duties (e.g., brooms, mops, buckets, leaf blowers, etc.)

• All equipment necessary for winter services (e.g., snow shovels, hand-held spreaders, protective gear, etc.)

• Equipment for minor seasonal tasks such as moss/weeds removal, patio cleaning, and minor hedge trimming

• Safety gear and work attire for caretaker staff

Unless otherwise specified, the Contractor is responsible for furnishing all other materials and equipment required to deliver the services listed under the Performance Schedule. These shall be adequate in quantity and suitable for their intended use, at no additional cost to the Government.

H.5.2. Government Furnished Property/Equipment All Government-furnished items are provided "as-is" and are intended solely for use in support of this contract. The Contractor assumes responsibility for the care, proper usage, and return of such property. The Contractor may reject any offered Government property and instead provide equivalent items at their own expense.

The Contractor shall:

• Notify the Government at least 30 days before depletion of any Government-provided materials (e.g., gravel or pool chemicals).

• Maintain written records of Government property in its possession.

• Report the need for major repairs or replacement of any Government property under its control.

H.5.3. The Contractor shall maintain written records of work performed, and report the need for major repair, replacement and other capital rehabilitation work for Government property in its control.

H.5.4. The Contractor shall physically inventory all Government property in its possession.

Physical inventories consist of sighting, tagging or marking, describing, recording, reporting and reconciling the property with written records. The Contractor shall conduct these physical inventories periodically, as directed by the COR, and at termination or completion of the contract.

H.6. Key Personnel H.6.1. The Government considers the offeror’s Project Manager to be key personnel under any contract resulting from this solicitation. All Key Personnel shall have sufficient English language skill to be able to communicate with members of the U.S. Government staff.

The Contractor shall assign to this contract the following key person:

Position/Function Project Manager

Project Manager ___________________________________

H.6.2. During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is required due to illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required below to the Contracting Officer at least 15 days before making any permanent substitutions.

H.6.3. After the first 90 days of performance, the Contractor may substitute a key person if the contractor determines that it is necessary. The Contractor shall notify the Contracting Officer of the proposed action immediately. Prior to making the substitution, the Contractor will provide the information required below to the Contracting Officer.

H.6.4. The Contractor shall provide a detailed explanation of the circumstances requiring the proposed substitution, a complete resume for the proposed substitute. The proposed substitute shall possess qualifications comparable to the original key person. The Contracting Officer will notify the Contractor of its approval or disapproval of the substitution within 15 calendar days after receiving the required information. The Government will modify the contract to reflect any changes in key personnel.

H.7. Transition Plan Within 15 days after contract award, the Contracting Officer may request that the contractor develop a plan for preparing the contractor to assume all responsibilities for caretaker services.

The plan shall establish the projected period for completion of all clearances of contractor personnel, and the projected start date for performance of all services required under this contract. The plan shall assign priority to the selection of all supervisors to be used under the contract.

I. ACCESS TO GOVERNMENT BUILDINGS AND STANDARDS OF CONDUCT

The Contractor shall maintain discipline at the site and shall take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by Contractor employees at the site. The Contractor shall preserve peace and protect persons and property on site. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional costs to the Government.

I.1. Standards of Conduct I.1.1 Uniforms and Personal Equipment. The Contractor's employees shall wear clean, neat and complete uniforms when on duty. All employees shall wear uniforms approved by the Contracting Officer's Representative (COR).

I.1.2 Neglect of duties shall not be condoned. The Contractor shall enforce no sleeping while on duty, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the worksite security.

I.1.3. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities, which interfere with normal and efficient Government operations.

I.1.4 Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances which produce similar effects.

I.1.5. Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions:

- falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records;

- unauthorized use of Government property, theft, vandalism, or immoral conduct;

- unethical or improper use of official authority or credentials;

- security violations; or,

- organizing or participating in gambling in any form.

I.1.6. Key Control. The Contractor shall receive, secure, issue and account for any keys issued for access to buildings, offices, equipment, gates, etc., for the purposes of this contract. The Contractor shall not duplicate keys without the COR's approval. Where it is determined that the Contractor or its agents have duplicated a key without permission of the COR, the Contractor shall remove the individual(s) responsible from this contract. If the Contractor has lost any such keys, the Contractor shall immediately notify the COR. In either event, the Contractor shall reimburse the Government for the cost of rekeying that portion of the system.

I.2. Personnel Security I.2.1. After award of the contract, the Contractor shall provide the following list of data on each employee who will be working under the contract. The Contractor shall include a list of workers and supervisors assigned to this project. The Government will run background checks on these individuals. It is anticipated that security checks will 3-4 weeks to perform. For each individual the list shall include:

1. Full Name

2. Place and Date of Birth

3. Current Address

4. Identification number

5. Copy of passport or I.D card

6. US Govt. provided forms filled out by contractor staff

I.2.2. The Government shall issue identity cards to Contractor personnel, after they are approved. Contractor personnel shall display identity card(s) on the uniform at all times while providing services under this contract. These identity cards are the property of the US Government. The Contractor is responsible for their return at the end of the contract, when an employee leaves Contractor service, or at the request of the Government. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual.

J. LAWS AND REGULATIONS

J.1. Without additional expense to the Government, the Contractor shall comply with all laws, codes, ordinances, and regulations required to perform this work. In the event of a conflict among the contract and requirements of local law, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

J.2. The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

J.3. Notice to the Government of Labor Disputes

The Contractor shall inform the COR of any actual or potential labor dispute that is delaying or threatening to delay the timely performance of this contract.

SECTION II – CONTRACT CLAUSES

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 these addresses:

FAR: https://www.acquisition.gov/far/

DOSAR: https://www.acquisition.gov/dosar

(End of clause)

The following clauses are incorporated by reference:

CLAUSE TITLE DATE

52.202-1 Definitions Jun 2020 52.203-3 Gratuities Apr 1984 52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun 2020 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 52.204-21 Basic Safeguarding of Covered Contractor Information Systems Nov 2021 52.204-25 Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment.

Nov 2021

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

Nov 2023

52.228-3 Workers’ Compensation Insurance (Defense Base Act) Jul 2014 52.228-5 Insurance-Work on a Government Installation Jan 1997 52.232-1 Payments Apr 1984 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.233-1 Disputes May 2014 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004

SBU - CONTRACTING AND ACQUISITIONS

https://www.acquisition.gov/far/ https://www.acquisition.gov/dosar

52.237-3 Continuity of Services Jan 1991 52.242-13 Bankruptcy July 1995 52.243-1 Changes-Fixed-Price. Alternate I Aug 1987 52.246-4 Inspection of Services-Fixed-Price Aug 1996 52.246-25 Limitation of Liability-Services Feb 1997 52.249-8 Default (Fixed-Price Supply and Service) Apr 1984 652.225-71 Section 8(a) of the Export Administration Act of 1979, as Amended Aug 1999 652.232-70 Payment Schedule and Invoice Submission (Fixed-Price) Aug 1999 652.237-72 Observance of Legal Holidays and Administrative Leave Feb 2015 652.242-70 Contracting Officer's Representative (COR) Aug 1999 652.242-73 Authorization and Performance Aug 1999 652.243-70 Notices Aug 1999

The following clauses are provided in full text:

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services. (Jan 2025) (DEVIATION FEB 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). (6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(6) [Reserved].

(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115-390, title II).

(11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).

(ii) Alternate I (Dec 2023) of 52.204-30.

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) (31 U.S.C.

6101 note).

(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(14) [Reserved].

(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.

657a).

(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(17) [Reserved]

(18)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-6.

(19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-7.

(20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

(21)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Jun 2020) of 52.219-9.

(v) Alternate IV (Jan 2025) of 52.219-9.

(22)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

(23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

(24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

(26)(i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C.

632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219-28.

(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

(31) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

X (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2025) (E.O.

13126).

(33) [Reserved]

(34) [Reserved]

(35)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ii) Alternate I (Jul 2014) of 52.222-35.

(36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(ii) Alternate I (Jul 2014) of 52.222-36.

(37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (39)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(40) 52.222-54, Employment Eligibility Verification (Jan 2025) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c) (3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off- the-shelf items.)

(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, et seq.).

(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42

U.S.C. 7671, et seq.).

(44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).

(45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).

(46) 52.223-23, Sustainable Products and Services (May 2024) [(DEVIATION FEB 2025)](7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

(47)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(ii) Alternate I (Jan 2017) of 52.224-3.

(48)(i) 52.225-1, Buy American--Supplies (Oct 2022) (41 U.S.C. chapter 83).

(ii) Alternate I (Oct 2022) of 52.225-1.

(49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I [Reserved].

(iii) Alternate II (Jan 2025) of 52.225-3.

(iv) Alternate III (Feb 2024) of 52.225-3.

(v) Alternate IV (Oct 2022) of 52.225-3.

(50) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

X (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).

X (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

(57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

(58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

(60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

X (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L.

118-31, 41 U.S.C. 3901 note prec.).

(64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).

(65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

(1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-- Requirements (May 2014) (41 U.S.C. chapter 67).

(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) (49 U.S.C. 40118(g)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses…