AOCSSB23R0060 SF33.pdf

Document Number: AOCSSB23R0060 Page 1 of 54

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

1 54

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

AOCSSB23R0060 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

09/29/2023

6. REQUISITION/PURCHASE NUMBER

CODE 9901

Architect of the Capitol Supplies, Services, and Material Management Division Ford House Building Room H2-263 2nd and D Streets SW Washington, DC 20515

7. ISSUED BY 8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

12:00 ET 11/17/2023

(Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and ____________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in ______________________________________________________ until ________________ local time _________________

10. FOR

INFORMATION

CALL:

A. NAME

LaVaysha Lewis AREA CODE

NUMBER

226-7092

EXTENSION

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

lavaysha.lewis@aoc.gov

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES

X B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

X C DESCRIPTION/SPECS./WORK STATEMENT X J LIST OF ATTACHMENTS

X D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORSX F DELIVERIES OR PERFORMANCE

X L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORSX G CONTRACT ADMINISTRATION DATA

X M EVALUATION FACTORS FOR AWARDX H SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within _______________________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR DAYS(%)

0.00 %

0 CALENDAR DAYS(%)

0.00 %

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304 (c) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE24. ADMINISTERED BY (if other than Item 7) CODE SOB Invoice Processing Platform (IPP) Maria Motta Approver www.ipp.gov Washington, DC 20515

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

LaVaysha Lewis (Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

/ emailed to lavaysha.lewis@aoc.gov

Document Number: AOCSSB23R0060 Page 2 of 54

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs B.1 Section B

C Descriptions/Specifications/Statement of Work C.1 Statement of Work

F Deliveries or Performance AOC52.211-4 Term of Contract (Jan 2007)

G Contract Administration Data AOC52.201-1 Contracting Officers Authority (Jun 2004) AOC52.201-2 Contracting Officers Representative (COR) (January 2021) AOC52.204-6 Capitol Complex Conditions Affecting Contractor Operations (May 2008) AOC52.211-1 Key Personnel (January 2021) AOC52.211-2 Approval of Substitute Contractor Personnel (Jun 2004) AOC52.223-8 Vehicle and Delivery Inspection (July 2022) AOC52.223-7 Special Security Clearance and Inspection Procedures (Jun 2004) AOC52.242-2 Contractor Performance Evaluations (Dec 2006)

H Special Contract Requirements AOC52.229-2 Exemption of DC Sales, Use and Excise Tax for Senate food services (July 2017)

I Contract Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-7 Anti-Kickback Procedures (Jun 2020) 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sept 2016) 52.222-35 Equal Opportunity for Veterans (Jun 2020) 52.222-37 Employment Reports on Veterans (Jun 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-50 Combating Trafficking in Persons (Nov 2021) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) 52.223-15 Energy Efficiency in Energy-Consuming Products (May 2020) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (Aug 2018) 52.223-16 Acquisition of EPEAT-Registered Personal Computer Products (Oct 2015) 52.225-1 Buy American-Supplies (Oct 2022) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 52.227-1 Authorization and Consent (Jun 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020) 52.227-3 Patent Indemnity (Apr 1984) 52.227-14 Rights in Data-General (May 2014) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.232-11 Extras (Apr 1984) 52.232-23 Assignment of Claims (May 2014) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.239-1 Privacy or Security Safeguards (Aug 1996) 52.242-13 Bankruptcy (July 1995) 52.243-1 Alt II Changes-Fixed-Price (Aug 1987) - Alternate II (Apr 1984) 52.246-25 Limitation of Liability-Services (Feb 1997) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)

Document Number: AOCSSB23R0060 Page 3 of 54

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) 52.233-3 Protest after Award (Aug 1996) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) AOC52.223-11 Contract Performance and Reporting Requirements during a Pandemic (March 2021) AOC52.204-9 Photography, Video and Audio Recording (April 2023) AOC52.204-8 Removal of Contractor Employees from Contract (May 2022) AOC52.209-2 Restrictions and Disclosures of Organizational and Personal Conflicts of Interest (Oct 2008) AOC52.202-1 Definitions (Jun 2004) AOC52.203-1 Advertising/Promotional Materials (Dec 2005) AOC52.203-2 AOC52.203-2 Disclosure of Information to the General Public (April 2023) AOC52.203-4 Dissemination of Contract Information (July 2010) AOC52.203-5 Confidentiality Requirement (Nov 2004) AOC52.204-4 Personal Identity Verification of Contractor Personnel (E-Verify) (October 2021) AOC52.204-5 AOC52.204-5, System for Award Management (SAM) (April 2021) AOC52.204-7 Executive Orders not Applicable to the AOC (February 2018) AOC52.204-10 Prohibition on a ByteDance Covered Application AOC52.215-10 Examination of Records (July 2014) AOC52.215-11 Examination of Costs (June 23, 2023) AOC52.216-6 Undefinitized Contract Actions (Mar 2005) AOC52.222-3 Convict Labor (Jun 2004) AOC52.222-4 Overtime Work (Aug 2004) AOC52.222-8 Affirmative Recruitment (Dec 2008) AOC52.223-3 Security Markings - CUI (March 2017) AOC52.223-5 Special Security Requirements (October 2021) AOC52.223-9 Accident Prevention and Safety and Health Programs (Sep 2004) AOC52.223-10 Use of Radiography or other Nuclear Regulatory Commission Licensed Devices and Notice of Radioactive Materials (August 2011) AOC52.227-1 Patent Indemnity - Commercial Products and Services (October 2021) AOC52.228-2 Insurance - Work on a Government Installation (June 2018) AOC52.228-3 Professional Liability Insurance (Nov 2004) AOC52.228-4 Indemnification and Hold Harmless Clause (April 2023) AOC52.232-1 Payment Requests (July 2022) AOC52.232-6 Payment by Electronic Funds Transfer (March 2012) AOC52.232-7 Discounts (Aug 2004) AOC52.232-12 Assignment - Supplement (January 2021) AOC52.233-1 Disputes (January 2021) AOC52.233-2 Waiver and Release of Claims (February 2015) AOC52.239-1 Protection of AOC Information Technology Systems (March 2018) AOC52.242-4 Stop-Work Order (May 2014) AOC52.245-1 Inventory Control and Indemnification of Property (Jun 2004) AOC52.246-3 Warranty of Commercial Products (November 2021) AOC52.249-14 Excusable Delays (August 2018) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.223-3 Hazardous Material Identification and Material Safety Data (Feb 2021) 52.223-6 Drug-Free Workplace (May 2001) 52.243-7 Notification of Changes (Jan 2017) 52.245-1 Alt I Government Property (Sep 2021) - Alternate I (Apr 2012) 52.246-20 Warranty of Services (May 2001)

J List of Attachments K Representations, Certifications and Other Statements of Offerors or Respondents

52.215-6 Place of Performance (Oct 1997) 52.204-3 Taxpayer Identification (Oct 1998) 52.209-5 Certification Regarding Responsibility Matters (Aug 2020) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) AOC52.215-8 Authorized Negotiators (January 2021)

Document Number: AOCSSB23R0060 Page 4 of 54

AOC52.219-2 AOC52.219-2 Small Business Representations and Certifications (Sep 2008) 52.225-2 Buy American Certificate (Oct 2022) AOC52.204-2 AOC52.204-2, Unique Entity Identifier (April 2021) AOC52.209-1 Organizational and Personal Conflicts of Interest (Apr 2010) AOC52.204-3 Representations and Certifications (Nov 2004) AOC52.209-3 Company Principals (Oct 2008) 52.203-2 Certificate Of Independent Price Determination (Apr 1985) 52.223-1 Biobased Product Certification (May 2012)

L Instructions, Conditions and Notices to Offerors or Respondents 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.216-1 Type of Contract (Apr 1984) AOC52.232-14 Submission of Electronic Funds Transfer Information (March 2012) AOC52.215-6 Preparation of Offers/Quotations (January 2021) AOC52.233-5 Service of Protest (January 2021) AOC52.237-1 Site Visit (January 2021) AOC52.215-9 Failure to Submit Offer (Jun 2004) AOC52.215-12 Joint Venture Offeror Requirements (May 2010) AOC52.215-1 Instructions to Offerors (January 2021) AOC52.215-2 Interpretations and Amendments (Jun 2004) AOC52.215-3 Restriction on Disclosure and Use of Data (Jun 2004) L.1 Section L

M Evaluation Factors for Award 52.217-5 Evaluation of Options (July 1990) AOC52.215-5 Contract Award - Source Selection Procedures (Jun 2004) M.1 Section M

Document Number: AOCSSB23R0060 Page 5 of 54

Section B - Supplies or Services and Prices/Costs

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0001 Base Period - Dirksen

Senate Office Building

Food Services

Commission Based

PSC:

24.000000 MO

Period of Performance:12/31/2025 - 12/30/2027

Pricing Options:

Indicator: Base

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0002 Option Period One -

Dirksen Senate Office

Building Food Services

Commission Based

PSC:

24.000000 MO

Period of Performance:12/31/2027 - 12/30/2029

Pricing Options:

Indicator: Option Option Period: 1

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0003 Option Period Two -

Dirksen Senate Office

Building Food Services

Commission Based

PSC:

24.000000 MO

Period of Performance:12/31/2029 - 12/30/2031

Pricing Options:

Indicator: Option Option Period: 2

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0004 Option Period Three -

Dirksen Senate Office

Building Food Services

Commission Based

PSC:

24.000000 MO

Document Number: AOCSSB23R0060 Page 6 of 54

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

Period of Performance:12/31/2031 - 12/30/2033

Pricing Options:

Indicator: Option Option Period: 3

B.1 Section B

See Attachment, Section B Supplies and Services Ground Floor Level Food Service.

Section C - Descriptions/Specifications/Statement of Work

C.1 Statement of Work

See Attachment, Section C Dirksen Ground Level Food Services Statement of Work (SOW).

AOC52.211-4 Term of Contract (Jan 2007)

The term of the contract shall be 8 years from December 31, 2025 to December 30, 2033.

(End of clause)

Section G - Contract Administration Data

AOC52.201-1 Contracting Officers Authority (Jun 2004)

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, notwithstanding any provision contained elsewhere in this contract. In the event that the Contractor makes any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

(End of clause)

AOC52.201-2 Contracting Officers Representative (COR) (January 2021)

The Government shall provide the name, address and telephone number of the COR at the time of contract award and the duties thereby delegated to that person. Any subsequent change to the individual or the individual s responsibilities will be confirmed in writing by the Contracting Officer. In no instance will the COR be delegated authority to order any change in the contractor s performance which would affect (a) cost or schedule for contracts for services or supplies, or (b) scope, the completion date for intermediate phases or milestones, or overall completion date for contracts for construction.

(End of clause)

AOC52.204-6 Capitol Complex Conditions Affecting Contractor Operations (May 2008)

Capitol Complex operations are, at irregular and unanticipated times, interrupted due to events that can occur on the Capitol Complex, e.g., funerals that utilize the Rotunda, closure of Congressional buildings due to unusual activities, etc. These events can impact AOC contractor operations. Any AOC contractor that becomes aware of an event that may affect its operations on the Capitol Complex may go to www.aoc.gov/business/contractors to receive current information of the operational status of the Capitol Complex. Before ceasing or limiting its operations, the Contractor must obtain written approval from the Contracting Officer.

(End of clause)

AOC52.211-1 Key Personnel (January 2021)

(a) The Contractor shall assign to this contract the following key personnel as proposed in the Contractor's bid, quote or technical proposal:

Name: _____________[Name of first Key Personnel required]________________

Document Number: AOCSSB23R0060 Page 7 of 54

Title: __[Title of first Key Personnel required]_________ Telephone No. [Telephone number] Name:______________[Title of second Key Personnel required]_______________ Title: [Title of second Key Personnel required] ________ Telephone No. [Telephone number] Name:______________[Title of third Key Personnel required]_________________ Title: [Title of third Key Personnel required]__________ Telephone No. [Telephone number]

(b) At any time during performance of the contract, the AOC reserves the right to require the contractor to remove a Key Personnel individual and demand a substitution in accordance with the pertinent provisions of Paragraph (d) below.

(c) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by 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 by Paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by Paragraph (c) to the Contracting Officer at least 15 calendar days prior to making any permanent substitutions.

(d) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutions, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the person being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(e) The approval of substitute personnel will not be considered to be grounds for an increase in the contract price.

(f) The special security requirements in AOC52.223-5, Special Security Requirements, or AOC52.223-6, Special Security Requirements - U.S. Supreme Court, shall apply to all approved Contractor personnel substitutions.

(End of clause)

AOC52.211-2 Approval of Substitute Contractor Personnel (Jun 2004)

(a) During the first 90 days , the Contractor shall make no substitutions of personnel unless the substitution is necessitated by 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 by paragraph (b) below. After the initial 90 day period, the Contractor shall submit the information required by paragraph (b) to the Contracting Officer at least 15 calendar days prior to making any permanent substitutions.

(b) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the person being replaced.

(c) This paragraph applies only to a labor hour or time-and-materials contract. The Unit Price (hourly labor rate) for the approved substituted personnel shall remain the same as the rates of the relevant labor category, in the applicable Base Year or any of the subsequent Option Years (see the SCHEDULE OF ITEMS in Section B).

(d) The special security requirements in AOC52.223-5, Special Security Requirements, or AOC52.223-6, Special Security Requirements - U.S. Supreme Court, shall apply to all approved Contractor personnel substitutions.

(End of clause)

AOC52.223-8 Vehicle and Delivery Inspection (July 2022)

(a) During the performance of work on this contract, all contractor, subcontractor and supplier vehicles (including contents) that enter or leave United States Government property will be subject to clearance, inspection, and identification procedures. These procedures are conducted by the United States Capitol Police (USCP), the United States Marshall’s Service, the Supreme Court Police and other law enforcement personnel based on this contract’s performance and delivery requirements.

(b) Unless specified differently by this clause, no vehicles or deliveries will be permitted on the Capitol Campus unless processed at the Off-Site Delivery Center (OSDC) located at 4700 Shepherd Parkway, SW, Washington, D.C. 20032.

(c) All vehicles subject to this clause will be required to report to the OSDC for inspection and clearance. OSDC hours of operation are 4:30 AM until 3:00 PM, Monday through Friday. The facility is closed on all Federal holidays and can be contact at 202.224.0202.

(d) After being cleared by the OSDC, vehicles will be permitted to continue to their intend location(s) on the Capitol Campus as necessary. Highway travel on and around the Capitol Campus is highly controlled and all vehicles shall comply with any directions or instructions provided by the USCP and/or other law enforcement personnel encountered while traveling with the Capitol Campus.

(e) Based on contract performance and delivery requirements, vehicle entrances and delivery locations on the Capitol Campus are as follows:

(1) The Capitol Building/CVC loading dock (New Jersey Ave. & C Street, NW)

(2) The Senate Office Buildings loading dock at the Hart Tunnel (100 block of D Street, NE)

(3) The Ford House Office Building loading dock (200 block of Virginia Avenue, SW)

Document Number: AOCSSB23R0060 Page 8 of 54

(4) The access point for the Rayburn, Longworth, Cannon House Office Buildings (Delaware Ave. & Washington Avenue, SW)

(5) The loading dock for the Library of Congress (Delaware Ave. & Washington Avenue, SW)

(6) The loading dock for the Capitol Power Plant (25 E Street, SE)

(7) For the U.S. Supreme Court and the Thurgood Marshall Federal Judiciary Building, contractor, subcontractor and supplier vehicles will be granted the appropriate access only after post award consultation and coordination between the contractor and the Contracting Officer (CO); the Contracting Officer’s Representative (COR); and the AOC Supreme Court. - .Buildings and Grounds, Office of the Facilities Manager.

(8) For the U.S. Botanic Garden contractor, subcontractor and supplier vehicles will be granted the appropriate access only after post award consultation and coordination between the contractor and the Contracting Officer (CO); the Contracting Officer’s Representative (COR); and the U.S. Botanic Garden.

(e) Prior notification for all exceptions and afterhours deliveries will be processed through the House / Senate Sergeant at Arms, the Architect of the Capitol, USCP Special Events (202-224-8891), or USCP Construction Security Division (202) 593-7053).

The USCP Command Center (202 224-0908) will be notified during the hours that the Special Events Section is closed. Exception example: Time sensitive deliveries and deliveries containing material such as concrete, asphalt, and other materials /goods that may deteriorate over a short period of time. All deliveries for special events/functions in any Capitol Complex, building, must have approval through the House or Senate Sergeant At Arms office prior to inspection at the Off-Site Inspection Center – please call USCP Special Events at the number above.

(f) Within seven calendar days prior to the first delivery under this contract, the contractor shall provide to the U.S. Capitol Police a letter on company letterhead accompanied by signature of the owner, president or manager the following information:

(1) List of drivers (in alphabetical order);

(2) Date of birth for each driver;

(3) Social Security Number of each driver;

(4) Vehicle description to include – color, make, model and any signage on vehicle;

(5) License tag number and state of issuance;

(6) Driver’s License Number;

(7) Building(s) to be accessed; and

(8) Company contact person and phone number/

(g) At least 24 hours prior to arrival on the Capitol Campus, the above information is to be provided to the United States Capitol Police Off-Site Inspection Center, 4700 Shepherd Parkway SW, Washington, D.C. 20032, via email at mailto:OSDCAdmin@uscp.gov. For verification of receipt, the contractor may call (202) 224-0202.

(End of clause)

AOC52.223-7 Special Security Clearance and Inspection Procedures (Jun 2004)

(a) All vehicles and contents used by the Contractor or his subcontractors which enter or leave United States Government property during performance of the work will be subject to clearance, inspection, and identification procedures conducted by the United States Capitol Police.

(b) All persons entering the Legislative Branch Buildings shall gain access to the building by passing through x-ray screening devices. In addition, all handbags and all hand-carried items shall be screened by x-ray devices prior to entry into the building.

(End of clause)

AOC52.242-2 Contractor Performance Evaluations (Dec 2006)

At the conclusion of contract performance and/or at any point during the performance of this contract, the AOC may elect to evaluate the Contractor and submit a final or interim performance evaluation into the appropriate on-line database designated as the repository of Contractor evaluations for the Federal Government. Any evaluation submitted shall include input from the Contracting Officer's Technical Representative and other agency personnel, as appropriate, and the Contracting Officer. The Contractor shall have the opportunity to review any evaluations and submit supporting information for any differing of positions between the Contractor and the AOC in accordance with the protocol established by the specific on-line database.

(End of clause)

Section H - Special Contract Requirements

AOC52.229-2 Exemption of DC Sales, Use and Excise Tax for Senate food services (July 2017)

Document Number: AOCSSB23R0060 Page 9 of 54

(a) Food service operations conducted in Senate Office Buildings, have been designated as an essential support activity or function by the United States Senate Committee on Rules and Administration. The Contractor is not required to pay, collect, or account for any sales, use, or similar excise tax, or any personal property tax, with respect to an essential support activity or function conducted by a nongovernmental person in the United States Capitol and the Senate Office Buildings and shall not include costs or amounts for the payment or collection in any sales, use or similar excise tax, or any personal property tax in its quotations, bids or proposals to the Architect of the Capitol.

(b) As used in this clause-

(1) the term 'personal property tax' means a tax of a State, a subdivision of a State, or any other authority of a State, that is levied on, levied with respect to, or measured by, the value of personal property;

(2) the term 'sales, use, or similar excise tax' means a tax of a State, a subdivision of a State, or any other authority of a State, that is levied on, levied with respect to, or measured by, sales, receipts from sales, or purchases, or by storage, possession, or use of personal property; and

(3) the term 'State' means a State of the United States, the District of Columbia, or a territory or possession of the United States.

(End of clause)

Section I - 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 this/ these address(es):

https://www.acquisition.gov/browse/index/far [Insert one or more Internet addresses]

(End of clause) Clause Title Fill-ins

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-7 Anti-Kickback Procedures (Jun 2020)

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Nov 2021)

52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sept 2016)

52.222-35 Equal Opportunity for Veterans (Jun 2020)

52.222-37 Employment Reports on Veterans (Jun 2020)

52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020)

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

52.222-41 Service Contract Labor Standards (Aug 2018)

Document Number: AOCSSB23R0060 Page 10 of 54

Clause Title Fill-ins

52.222-50 Combating Trafficking in Persons (Nov 2021)

52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts (Sep 2013)

52.223-15 Energy Efficiency in Energy-Consuming Products (May 2020)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts (Aug 2018)

52.223-16 Acquisition of EPEAT-Registered Personal Computer Products (Oct 2015)

52.225-1 Buy American-Supplies (Oct 2022)

52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021)

52.227-1 Authorization and Consent (Jun 2020)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun

2020)

52.227-3 Patent Indemnity (Apr 1984)

52.227-14 Rights in Data-General (May 2014)

52.229-3 Federal, State and Local Taxes (Feb 2013)

52.232-11 Extras (Apr 1984)

52.232-23 Assignment of Claims (May 2014)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

52.239-1 Privacy or Security Safeguards (Aug 1996)

52.242-13 Bankruptcy (July 1995)

52.243-1 Alt II Changes-Fixed-Price (Aug 1987) - Alternate II (Apr 1984)

52.246-25 Limitation of Liability-Services (Feb 1997)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991)

52.233-3 Protest after Award (Aug 1996)

(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to

Document Number: AOCSSB23R0060 Page 11 of 54 the work covered by the order during the period of work stop-page. Upon receipt of the final decision in the protest, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause.

(f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government.

(End of clause)

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018)

(a) This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to collective bargaining agreements.

(b) The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(c) The wage determination, issued under the Service Contract Labor Standards statute, (41 U.S.C. chapter 67), by the Administrator, Wage and Hour Division, U.S. Department of Labor, current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract. If no such determination has been made applicable to this contract, then the Federal minimum wage as established by section6(a)(1) of the Fair Labor Standards Act of1938, as amended, (29 U.S.C. 206) current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract.

(d) The contract price, contract unit price labor rates, or fixed hourly labor rates will be adjusted to reflect the Contractor's actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a result of:

(1) The Department of Labor wage determination applicable on the anniversary date of the multiple year contract, or at the beginning of the renewal option period. For example, the prior year wage determination required a minimum wage rate of $4.00 per hour. The Contractor chose to pay $4.10. The new wage determination increases the minimum rate to $4.50 per hour. Even if the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour;

Document Number: AOCSSB23R0060 Page 12 of 54

(2) An increased or decreased wage determination otherwise applied to the contract by operation of law; or

(3) An amendment to the Fair Labor Standards Act of 1938 that is enacted after award of this contract, affects the minimum wage, and becomes applicable to this contract under law.

(e) Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph (d) of this clause, and the accompanying increases or decreases in social security and unemployment taxes and workers' compensation insurance, but shall not otherwise include any amount for general and administrative costs, overhead, or profit.

(f) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after receiving a new wage determination unless this notification period is extended in writing by the Contracting Officer. The Contractor shall promptly notify the Contracting Officer of any decrease under this clause, but nothing in the clause shall preclude the Government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed and the change in fixed hourly rates (if this is a time-and-materials or labor-hour contract), and any relevant supporting data, including payroll records, that the Contracting Officer may reasonably require. Upon agreement of the parties, the contract price, contract unit price labor rates, or fixed hourly rates shall be modified in writing. The Contractor shall continue performance pending agreement on or determination of any such adjustment and its effective date.

(g) The Contracting Officer or an authorized representative shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor until the expiration of 3 years after final payment under the contract.

(End of clause)

AOC52.223-11 Contract Performance and Reporting Requirements during a Pandemic (March 2021)

(a) The Contractor shall comply with this clause to help ensure that agency staff, contractor work force and the public at large remain as safe and healthy as possible for the duration of a pandemic during the contractor’s performance of work under this contract.

(b) Prior to mobilization, the Contractor shall have a pandemic management plan submitted for approval by the Contracting Officer within fourteen (14) calendar days following award of this contract. If a pandemic occurs during performance of this contract, the contractor’s pandemic management plan shall be submitted within fourteen (14) calendar days from the declaration of a pandemic.

The management plan shall demonstrate how the Contractor will implement and maintain the management plan for contractor and sub-contractor employees. The pandemic management plan shall be approved by the Contracting Officer for continuing work under this contract, particularly those contractor staff performing mission critical services.

(c) The Contractor shall take all actions consistent with Centers for Disease Control and Prevention (CDC) guidance and advice or direction from state and local public health authorities.

(d) Given the unpredictable length and severity of a pandemic, the contractor’s pandemic management plan shall include planned actions relative to the periods and phases of a pandemic described by the World Health Organization (WHO).

(e) The contractor’s pandemic management plan shall:

1. Follow CDC guidance, appropriate for their industry, for cleaning, disinfection, health screening, and quarantine/isolation of sick employees.

2. Provide for the method(s) to obtain specific approval from the COR prior to classifying employees as critical infrastructure workers.

3. Identify all work activities and risk levels that could be impacted by a pandemic.

4. Describe all control measures to eliminate or reduce risk levels.

5. Detail contact tracing methods, per CDC guidance, for all employees sick with pandemic illnesses.

6. Provide a method for reporting cases of actual or suspected pandemic illness to the COR within 1 day of discovery.

7. Require the contractor to report the result of any medical diagnosis (such as a test result) of any case of pandemic illness within one day of discovery.

8. Require the contractor to report quarantined and recovering employees returning to work at least 2 business days prior to their return.

9. Require the contractor to notify the Contracting Officer and COR of any identified risk contacts of AOC or other legislative branch employees within one day of discovering a positive case.

10. The Contractor’s pandemic management plan shall incorporate the Office of the Attending Physician (OAP) decision tool.

This will tool will change based on evolving guidance form the CDC. AOC will provide the latest versions.

11. Contractor shall comply with HIPAA federal employment and keep personnel records secure on site and in a secure location to maintain confidentiality of personal identifying information (PII) and assign a unique identifier to employees when reporting the information required under this clause.

(f) The Contractor’s pandemic management plan shall be updated as necessary, based on changing guidance from the CDC; OSHA;

and OAP.

Document Number: AOCSSB23R0060 Page 13 of 54

(g) The Contractor shall submit to the AOC an updated schedule to include any Time Impact Analysis (TIA) if applicable.

(h) The Contractor shall keep and maintain a record of employee screening and notify the Contracting Officer and COR as indicated in this clause of:

1. Positive employee results for pandemic.

2. Symptomatic employee pending pandemic results.

3. Employee presumed positive by doctor.

4. Employee who has a positive, presumed positive or symptomatic pending result household member.

(i) The Contractor shall complete the Daily Health Screening Inventory form and provide it to the COR no less than 24 hours in advance of an employee’s expected return to work date.

(j) Prior to entry on the worksite, contractor shall ensure all employees, subcontractors and visitors complete CDC and AOC provided self-health screening inventories to ensure no employees are experiencing symptoms of the disease.

(k) The Contractor shall fully comply with all directions received during the pandemic from the United States Capitol Police, the AOC Office of Safety, Code and Compliance (SCC) and the OAP.

(End of clause)

AOC52.204-9 Photography, Video and Audio Recording (April 2023)

(a) It is the policy of AOC to protect the privacy of tenants by restricting the use of photography, video and audio recordings while working on a contract awarded by this agency.

(b) AOC contractors, subcontractors and their employees are prohibited from taking photography, video or audio recordings in any space which is not open to the public. Contractors are also prohibited from taking photography, video or audio recordings in any Congressional office or committee space.

(c) Exceptions are only if the photography, video or audio recording is specifically required for performance of contract work or for an official purpose authorized under this contract. Any photography, video or audio recording taken by the contractor, subcontractor and their employees will only be used for performance of contract work or for an official purpose authorized under this contract.

(1) If this exception applies, the contractor, subcontractor at any tier to this contract and their employees, shall not publish, permit to be published, or distribute for public consumption, any photography, video or audio recording made during performance under this contract without prior written consent of the Contracting Officer.

(End of clause)

AOC52.204-8 Removal of Contractor Employees from Contract (May 2022)

(a) Under the following conditions, the Contracting Officer may direct the Contractor to immediately remove any of its employees from an AOC work site:

(1) When the Government determines the employee to be incompetent, careless, insubordinate, unsuitable or otherwise objectionable.

(2) When the Government deems the employee’s continued employment to be contrary to the public interest, inconsistent with the best interests of security or when the employee is identified as a potential threat to the health, safety, security, general well-being or operational mission of the facility and its population.

(b) The Contracting Officer may also direct the Contractor to immediately remove any employee from an AOC work site if it is determined that the individual is being assigned to duty after disqualification for suitability or security reasons by the U.S. Capitol Police.

(c) Contractor employees who are removed from contract work shall tender their AOC ID Badge and leave the AOC work site immediately.

(d) The Contractor must comply with any removal request. Decisions to remove a contractor employee may be made for, but not limited to:

(1) Incidents involving inappropriate or otherwise objectionable conduct.

(2) Behavior contrary to the public interest.

(3) Disregard for security and safety interests.

(4) Any potential threat to the general well-being of others.

Document Number: AOCSSB23R0060 Page 14 of 54

(5) Failure to receive a suitability determination, temporary clearance, or clearance from the AOC or a tenant agency.

(6) Violation of Federal, State, or local law.

(7) Carrying or possession of explosives or items intended to be used to fabricate an explosive or incendiary device.

(8) Neglect of duty, including sleeping while on duty, unreasonable delays, or failure to carry out assigned tasks.

(9) Conduct of personal affairs during official time at the AOC work site.

(10) Falsification or unlawful concealment, removal, mutilation or destruction of any official document or record.

(11) Concealment of material facts by willful omissions from official documents or records.

(12) Disorderly conduct such as: use of abusive or offensive language; quarreling; intimidation by words or actions;

fighting; or participation in disruptive activities.

(13) Theft, vandalism, immoral conduct or any other criminal actions.

(14) Selling, consuming or being under the influence of intoxicants, drugs or substances that produce similar effects while in or on government controlled property.

(15) Improper use of Government identification.

(16) Unauthorized use of communication equipment on Government property.

(17) Violation of security procedures or regulations.

(18) Possession of (or the causing to be present) firearms or other dangerous weapons.

(e) The Contracting Officer shall make all determinations regarding the removal of any contractor employee from an AOC work site.

(f) When the Contracting Officer is not available, either during the day or after hours, or in situations where a delay would not be in the best interest of the Government, the Contracting Officer’s Representative (COR) will have the authority to immediately remove the contractor employee from the AOC work site and provide notification to the Contracting Officer immediately.

(g) The Contracting Officer will make all official notifications to the Contractor. In the event of a dispute, the Contracting Officer will make a final determination. Specific reasons for removal of an employee will be provided to the Contractor in writing by the Contracting Officer.

(h) The Contractor is responsible for providing replacement employees in cases where contract employees are removed from working at the AOC work site or on the contract. The provision of substitute personnel will not be considered to be grounds for an increase in the contract price.

(End of clause)

AOC52.209-2 Restrictions and Disclosures of Organizational and Personal Conflicts of Interest (Oct 2008)

(a) If this contract is for the development of specifications or a statement of work, the Contractor shall not incorporate its products or services, or the products or services of its affiliates or companies owned or partially owned by its principals, into the specifications or statement of work without the express written permission of the Contracting Officer. The Contractor agrees to include this requirement in any subcontracts concerning the performance of this contract.

(b) If the Contractor, under the terms of this contract or through the performance of work pursuant to this contract, is required to develop specifications or statements of work and such specifications or statements of work are incorporated subsequently into a solicitation for the AOC requirement, the Contractor shall be ineligible to perform the work described in that solicitation as a prime contractor or subcontractor under any subsequent contract.

(c) The Contractor agrees to notify immediately the AOC Contracting Officer of (1) any actual or potential personal conflict of interest with regard to any of its principals or employees working on or having access to information regarding this contract, or (2) any such conflicts concerning subcontractor employees or consultants working on or having access to information regarding this contract, when such conflicts have been reported to the Contractor. A personal conflict of interest is defined as a relationship of an employee, subcontractor employee, or consultant with an entity that may impair the objectivity of the employee, subcontractor employee, or consultant in performing the contract work.

(d) Nondisclosure or misrepresentation of a conflict of interest may result in the termination of the contract at no expense to the Government.

(End of clause)

AOC52.202-1 Definitions (Jun 2004)

Document Number: AOCSSB23R0060 Page 15 of 54

(a) The term "head of the agency" as used herein means the Committee, Commission, or other authority of the Legislative Branch of the Government having final jurisdiction or supervision over the work involved. The term "other authority" as used in this paragraph includes the Contracting Officer in cases in which he has final jurisdiction or supervision over the work involved.

(b) The term "Architect" as used herein means the Architect of the Capitol.

(c) The term "Contracting Officer" as used herein means the Architect of the Capitol or his duly authorized representative.

(d) The term "his duly authorized representative" as used herein means any person or persons or board authorized to act for the head of the agency within the scope of their authority.

(e) Except as otherwise provided in this contract, the term "subcontracts" includes purchase orders placed for performance under this contract.

(End of clause)

AOC52.203-1 Advertising/Promotional Materials (Dec 2005)

(a) It is the policy of the Congress to discourage contractors providing services and supplies to the Legislative Branch entities, including the Architect of the Capitol, from advertising practices that feature the Capitol and Capitol Complex in a manner in which conveys, or is reasonably calculated to convey, a false impression of sponsorship, approval or endorsement of any product or service by the Congress, the Government of the United States, or any Department, Agency or instrumentality thereof.

(b) Contractors performing…