A.02.01_W9123620R5037_Combined Solicitation-Synopsis_20200727.pdf

This is a combined synopsis/solicitation for commercial services, reference number W91236-20-R-5037, prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This synopsis/solicitation is being issued as a Request for Proposal (RFP) using

Simplified Acquisition Procedures for Certain Commercial Items, from Federal Acquisition Regulation (FAR) 13.5.)

This Solicitation will result in a Firm Fixed Price contract. This announcement constitutes the only solicitation;

proposals are being requested and an additional written solicitation will not be issued. PAPER COPIES OF THIS

SOLICITATION WILL NOT BE MADE AVAILABLE.

The solicitation document and incorporated provisions are those in effect through the Federal Acquisition Circular 2005-

85 and DFARS Change Notice 30 Dec 2015. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses:

https://www.acquisition.gov/browse/index/far and https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html.

The Provision 52.212-1, Instructions to Offerors- Commercial, applies to this acquisition. The Government will award a contract resulting from this solicitation to the responsible Offeror whose Offer conforming to the solicitation will be most advantageous to the Government, and to the Offeror whose proposal represents the lowest Total Evaluated Price (Base plus ALL Options), and who is determined to be Responsible in accordance with FAR 9.104. The successful Offeror shall accept the binding order by written acceptance of the SF 1449 prior to undertaking performance. The NAICS code is

561720 and the Small Business Standard is $16.5M. The proposed contract is 100% set aside for small business concerns.

The Wage Determination(s) below are applicable to this Solicitation:

Service Contract Act Wage Determination No.: 2015-4342 Rev. 14, Dated 12/23/2019

The U.S. Army Corps of Engineer Norfolk District requests response from qualified sources capable of providing custodial services for Norfolk District Headquarters Office, US Army Corps of Engineers. Administrative building:

floors 1-4 of Building 11 including all offices, storerooms, auditorium, toilets, hallways, entryways, lounge or eating areas, outside walkways, interior and all exterior windows, blinds, light fixtures, and all parking areas adjacent to the building. Floor 1 will be an option (see attached statement of work for additional information). Base Year + 4 Option

Years equate to a total of 5 Years; Delivery Location is 803 Front Street, Norfolk, VA, 23510.

Unless otherwise specified in the proposed contract resulting from this solicitation, the Government is responsible for the performance of all inspection requirements and quality control. Inspection and Acceptance shall be at destination by the Government.

Proposal Submission Requirements

When submitting pricing for consideration, please provide a breakdown of prices in sufficient detail for the

Government to determine if your proposal is fair and reasonable. Failure to address any of these areas of this RFP may result in and “Unacceptable” rating and disqualification for award.

Please submit three (3) similar projects, completed within the last five (5) years that are similar in size, scope, and magnitude to the subject Statement of Work, with your proposal package. Please include a Point of Contact (Name, Phone Number, E-mail) for each referenced project. A Contracting Officer will use requested project information only to establish the Offeror's responsibility determination for the contract, in accordance with FAR 9.104. When submitting past projects, please ensure to include:

Square footage of facility

Duties performed

How often duties were performed

Offerors are highly encouraged to complete all Representations and Certifications electronically, online at www.sam.gov. If not completed online, Offerors must include a completed copy of the provisions at FAR 52.212-3

Alternate I, which can be obtained at http:acquisition.gov, FAR Part 52, or online at www.sam.gov.

All Technical Questions should be submitted via email as soon as possible, but not later than 1400 PM EST on 05 August https://www.acquisition.gov/browse/index/far https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.sam.gov/

2020 to alexander.l.loi@usace.army.mil cc’d stormie.b.wicks@usace.army.mil. All inquiries will be addressed via official

Amendment SF30, posted to the Government Point of Entry, BetaSAM.gov. Oral communications are not acceptable in response to this notice. All responsible sources may submit a quote which shall be considered by the agency.

This announcement will close at 1400 PM EST on 12 August 2020. Please submit your proposal and provide the required supporting documentation to support your pricing, and three (3) similar successfully complete projects as soon as possible, but not later than 1400 PM EST on 12 August 2020. Submit proposal and direct any questions to Alexander Loi via email at alexander.l.loi@usace.army.mil cc’d stormie.b.wicks@usace.army.mil

Offerors shall provide the following company information:

Company Name: ___________________________________

Address: __________________________________________

City: __________________________________ State: __________________

CAGE Code: _______________________________________

DUNS: ____________________________________________

TIN: ______________________________________________

Website: ___________________________________________

Point of Contact Name: ________________________________

Phone: ______________________________________________

Email: ______________________________________________

**PLEASE FILL IN Proposed UNIT PRICE and MET AMOUNT for EACH CLIN. Please fill in the TOTAL

EVALUATED PRICE**

AMOUNT

Base Period

FFP

Provide all labor, materials, equipment and supplies as specified to perform Janitorial and Custodial Services for Floors 2 through 4 for the

District Headquarters in accordance with the Performance Work Statement and other attachments, excluding work included under other CLINs, excluding work included under other CLINs.

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

0001 12 Months mailto:alexander.l.loi@usace.army.mil mailto:stormie.b.wicks@usace.army.mil mailto:stormie.b.wicks@usace.army.mil

Base Period - Main Gate

Provide all labor, materials, equipment and supplies as specified to perform Janitorial and Custodial Services for the Main Gate Security

Building at Norfolk District Headquarters in accordance with the

Performance Work Statement and other attachments, excluding work included under other

OPTION Base Period -1st Floor

Provide all labor, materials, equipment and supplies as specified to perform Janitorial and Custodial Services for the Cleaning of the 1st floor of Norfolk District Headquarters in accordance with the Performance

Work Statement and other attachments, excluding work included under other CLINs.

OPTION Base Period - Exterior Windows

Provide all labor, materials, equipment and supplies as specified to perform Janitorial and Custodial Services for the Cleaning of exterior windows of Norfolk District Headquarters in accordance with the included under other CLINS.

0002 12 Months

0003 12 Months

0004 12 Months

OPTION Option Period 1-Base

Provide all labor, materials, equipment and supplies as specified to perform

Janitorial and Custodial Services for Floors 2 through 4 for the District

Headquarters in accordance with the Performance Work Statement and other attachments, excluding work included under other CLINs, excluding work included under other CLINs.

OPTION Option Period 1 - Main Gate

Provide all labor, materials, equipment and supplies as specified to perform Janitorial and Custodial Services for the Main Gate Security

Building at Norfolk District Headquarters in accordance with the included under other CLINs.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1003 12 Months OPTION Option Period 1 -1st Floor

FFP

Provide all labor, materials, equipment and supplies as specified to perform

Janitorial and Custodial Services for the Cleaning of the 1st floor of

Norfolk District Headquarters in accordance with the Performance Work

Statement and other attachments, excluding work included under other

CLINs.

1001 12 Months

1002 12 Months

OPTION Option Period 1 - Exterior

Windows FFP

Provide all labor, materials, equipment and supplies as specified to perform

Janitorial and Custodial Services for the Cleaning of exterior windows of

Norfolk District Headquarters in accordance with the Performance Work

CLINS.

OPTION Option Period

2 FFP

Provide all labor, materials, equipment and supplies as specified to perform

Janitorial and Custodial Services for Floors 2 through 4 for the District

Headquarters in accordance with the Performance Work Statement and

OPTION Option Period 2 - Main Gate

Provide all labor, materials, equipment and supplies as specified to perform

Janitorial and Custodial Services for the Main Gate Security Building at

Norfolk District Headquarters in accordance with the Performance Work

CLINs

1004 12 Months

2001 12 Months

2002 12 Months

OPTION Option Period 2 - 1st Floor

Provide all labor, materials, equipment and supplies as specified to perform

Janitorial and Custodial Services for the Cleaning of the 1st floor of

Norfolk District Headquarters in accordance with the Performance Work

OPTION Option Period 2 - Exterior

Provide all labor, materials, equipment and supplies as specified to perform

Janitorial and Custodial Services for the Cleaning of exterior windows of

Norfolk District Headquarters in accordance with the Performance Work

CLINS.

OPTION Option Period

3 FFP

Provide all labor, materials, equipment and supplies as specified to perform

Janitorial and Custodial Services for Floors 2 through 4 for the District

Headquarters in accordance with the Performance Work Statement and

2003 12 Months

2004 12 Months

3001 12 Months

OPTION Option Period 3 - Main Gate

Provide all labor, materials, equipment and supplies as specified to perform

Janitorial and Custodial Services for the Main Gate Security Building at

Norfolk District Headquarters in accordance with the Performance Work

OPTION Option Period 3 - 1st Floor

Provide all labor, materials, equipment and supplies as specified to perform

Janitorial and Custodial Services for the Cleaning of the 1st floor of

Norfolk District Headquarters in accordance with the Performance Work

CLINs

OPTION Option Period 3 - Exterior

Provide all labor, materials, equipment and supplies as specified to perform

Janitorial and Custodial Services for the Cleaning of exterior windows of

Norfolk District Headquarters in accordance with the Performance Work

CLINS

3002 12 Months

3003 12 Months

3004 12 Months

Provide all labor, materials, equipment and supplies as specified to perform Janitorial and Custodial Services for

Floors 2 through 4 for the District Headquarters in accordance with the Performance Work Statement and other attachments, excluding work included under other

CLINs, excluding work included under other CLINs.

OPTION Option Period 4 - Main Gate

Provide all labor, materials, equipment and supplies as specified to perform Janitorial and Custodial Services for the Main Gate Security Building at Norfolk District

Headquarters in accordance with the Performance Work

Statement and other attachments, excluding work included under other CLINs.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4003 12 Months OPTION Option Period 4 - 1st Floor

FFP

Provide all labor, materials, equipment and supplies as specified to perform Janitorial and Custodial Services for the Cleaning of the 1st floor of Norfolk District

Headquarters in accordance with the Performance Work

Statement and other attachments, excluding work included under other CLINs.

4001 12 Months OPTION Option Period 4

4002 12 Months

OPTION Option Period 4 - Exterior Windows

Provide all labor, materials, equipment and supplies as specified to perform Janitorial and Custodial Services for the Cleaning of exterior windows of Norfolk District

Headquarters in accordance with the Performance Work

Statement and other attachments, excluding work included under other CLINS.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT PRICE AMOUNT

5000 CONTRACTOR MANPOWER REPORTING

The Office of the Assistant Secretary of the Army (Manpower and

Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The web address for the data collection site is:

https://contractormanpower.arm.pentagon/mil.

This CLIN is Not Separately Priced (NSP)

NSP

4004 12 Months

TOTAL PRICE

TOTAL EVALUATED PRICE = Total BASE CLINS + Total ALL Option CLINS

BASE PERIOD: (CLINS 0001 thru 0004): --------------------------------------------------

OPTION PERIOD 1: (CLINS 1001 thru 1004): ----------------------------------------------

OPTION PERIOD 2: (CLINS 2001 thru 2004):----------------------------------------------

OPTION PERIOD 3: (CLINS 3001 thru 3004): ----------------------------------------------

OPTION PERIOD 4: (CLINS 4001 thru 4004): ----------------------------------------------

TOTAL EVALUATED PRICE: (TEP) CLINs 001 THRU 4004: --------------------------

INSPECTION AND ACCEPTANCE TERMS

Supplies/Services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

2004 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

3003 Destination Government Destination Government

3004 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

4003 Destination Government Destination Government

4004 Destination Government Destination Government

NSTRUCTIONS TO OFFERORS

Waterfield Building Janitorial Services, W9123520R5037

A. THE SERVICING LOCATION IS AS FOLLOWS:

Waterfield Building

U.S. Army Corps of Engineers

803 Front St

Norfolk, VA 23510

B. INVOICES SHALL BE SENT TO THE FOLLOWING:

CENAO-WR-OpsInvoicing@usace.army.mil

Cc’d Contracting Officer Representative (COR)

Robert Angrisani

Robert.S.Angrisani@usace.army.mil

(757) 201-7743

Please note that IAW Services Contract provisions, invoicing will be processed monthly, upon review and approval of invoices submitted for services rendered. The Contractor is responsible for providing all required cleaning supplies, chemicals, and equipment required to perform work.

C. ALL CONTRACT INQUIRES SHALL BE SENT TO THE FOLLOWING:

U. S. Army Corps of Engineers

ATTN: Alexander Loi

803 Front Street

Norfolk, VA 23510‐1096

Email: alexander.l.loi@usace.army.mil, cc: stormie.b.wicks@usace,army.mil

D. SITE CONDITIONS. Offerors are urged to visit the site to determine the particular details of the existing facility, which may affect the difficulty or magnitude of services required under these specifications. A non-mandatory site visit has been scheduled for Monday, 3 August 2020 at 1:00 PM. If you plan to attend the site visit, you are required to email Alexander Loi at alexander.l.loi@usace.army.mil cc: stormie.b.wick@usace.army.mil no later than Friday 31 July 2020

10:00 am to coordinate with the building manager and security office. A valid state or federal ID will be required to gain access to the Waterfield Building. Due to the Covid-19 environment, social distancing will be strictly enforced at all times during the site visit. Every person will be required to possess and use face covering at all times while in the building.

E. PERIOD OF PERFORMANCE:

Contract Period of Performance is 12 month(s) Base Year, with provisions for four (4) Option Years, if exercised by the Government

F. NOTICE TO PROCEED:

mailto:CENAO-WR-OpsInvoicing@usace.army.mil mailto:Robert.S.Angrisani@usace.army.mil mailto:stormie.b.wicks@usace,army.mil

Issuance of the award will serve as the Notice to Proceed.

G. WAGE DECISION:

The Wage Determination applicable to this purchase order is General Decision Number: 2015-4342 Rev

No. 14, dated 12/23/2019.

Clauses incorporated by Reference

The following FAR provisions and clauses are applicable to this procurement:

CLAUSES INCORPORATED BY REFERANCE

52.202-1 Definitions

52-203-3 Gratuities

52.203-5 Covenant Against Contingent Fees

52.203-6 Restrictions on Subcontractor Sales to the Government

52.203-7 Anti-Kickback Procedures

52.204-3 Taxpayer Identification

52.204-7 System for Award Management

52.204-9 Personal Identity Verification of Contractor Personnel

52.212-3 Offeror Representations and Certifications – Commercial Items

52.219-14 Limitations on Subcontracting

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

52.222-41 Service Contract Labor Standards

52.222-62 Paid Sick Leave Under Executive Order 13706

52.228-5 Insurance – Work on the Government Installation

52.232-1 Payments

52.242-15 Stop Work Order

52.243-1 Alt 1 Changes—Fixed Price (Aug 1987) – Alternate 1

52.249-8 Default (Fixed Price Supply & Service)

252.201-7000 Contracting Officer Representative

252.203-7000 Requirements Relating to Compensation of Former DOD Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

252.203-7003 Agency Office of Inspector General

252.203-7004 Display of Hotline Posters

252.232-7010 Levies on Contract Payment

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The

NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the Offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the Offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during pre-award testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the

Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated

Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent

Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an

Offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the

Offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the Offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the Offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal

Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA

Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph

(i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock

Point

(DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The

Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation

``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an Offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting Offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful

Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

The significant evaluation factor will be (i) price to meet the Government requirement. See (FAR 15.304);

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful

Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(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 re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance 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 Government wide 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.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C.

601-613).

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 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 or 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 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 sub-line item, if applicable; and

(D) Contractor point of contact.

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

(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 32.608-

2 of the Federal Acquisition Regulation 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:

(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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(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; and

(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.

(End of Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2019)

(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 items:

(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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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 items: (Contracting Officer check as appropriate.)

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

X (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub.

L. 109- 282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

X (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of

Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

(Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

(41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of Hubzone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for Hubzone Small Business Concerns (OCT

2014) (if the Offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Aug 2018) of 52.219-9.

X (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011)

(15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Re-representation (July 2013) (15 U.S.C.

632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-

Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 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 (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003)…