AOCSSB26R0002_SF33 Final.pdf
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- Solicitation number
- AOCSSB26R0002Amendment2
- Issued by
-
Architect of the Capitol
About this file
This is a Standard Form 33 (Solicitation, Offer, and Award) for an Invitation for Bid (IFB) issued by the Architect of the Capitol (AOC) for Senate Food and Related Services. The solicitation number is AOCSSB26R0002, issued on April 10, 2026, with sealed bids due by May 20, 2026 at 12:00 ET via Kiteworks secure file transfer. The contract is a rated order under the Defense Priorities and Allocations System (DPAS) Code 15 CFR 700.
The base period runs from March 8, 2027 through December 30, 2031 (Years 1-4), with the contractor required to provide migration services beginning 90 days prior to December 31, 2027, and assume full restaurant operations on that date. The fixed fee portion commences December 31, 2027. Two option periods follow: Option Period One covers December 31, 2031 through December 30, 2035 (Years 4-8), and Option Period Two covers December 31, 2035 through December 30, 2039 (Years 8-12). A FAR 52.217-8 option to extend services is available for up to six months (December 31, 2039 through June 30, 2040). The solicitation includes standard federal clauses addressing equal opportunity, service contract labor standards, Buy American requirements, security clearances, conflict of interest disclosures, and inspection procedures. Contracting Officer contact is Moyah Wilson at 202-771-1600 or moyah.wilson@aoc.gov. Offerors must comply with Capitol Complex security procedures, including vehicle inspections at the Off-Site Delivery Center, and submit driver information to the U.S. Capitol Police at least seven days prior to first delivery.
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Document Number: AOCSSB26R0002 Page 1 of 84
SOLICITATION, OFFER, AND AWARD
1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15
CFR 700.
RATING PAGE OF PAGES
1 84
2. CONTRACT NUMBER 3. SOLICITATION NUMBER
AOCSSB26R0002
SEALED BID (IFB) INVITATION
FOR BID
X NEGOTIATED (RFP)
REQUEST FOR PROPOSAL
4. TYPE OF SOLICITATION 5. DATE
ISSUED
04/10/2026
6. REQUISITION/PURCHASE NUMBER
See Lines
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
Kiteworks
12:00 ET 05/20/2026
(Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 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
Moyah Wilson AREA CODE
NUMBER
202-1600
EXTENSION
B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS
moyah.wilson@aoc.gov
11. TABLE OF CONTENTS
(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES
B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT J LIST OF ATTACHMENTS
D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS
E INSPECTION AND ACCEPTANCE K REPRESENTATIONS CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORSF DELIVERIES OR PERFORMANCE
L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORSG CONTRACT ADMINISTRATION DATA
M EVALUATION FACTORS FOR AWARDH 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 NUMBER DATE AMENDMENT NUMBER 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. 3204(a) 41 U.S.C. 3304(a) ( )
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) CODE25. PAYMENT WILL BE MADE BY
26. NAME OF CONTRACTING OFFICER (Type or print)
Moyah Wilson Contracting Officer
(Signature of Contracting Officer)
27. UNITED STATES OF AMERICA 28. AWARD 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. 12/2022)
Prescribed by GSA - FAR (48 CFR) 53.214(c)
Document Number: AOCSSB26R0002 Page 2 of 84
Table of Contents
Section Description Page Number
B Supplies or Services and Prices/Costs E Inspection and Acceptance
52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (Aug 1996) 52.246-4 Inspection of Services-Fixed-Price (Aug 1996)
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) AOC52.223-7 Special Security Clearance and Inspection Procedures (Jun 2004) AOC52.223-8 Vehicle and Delivery Inspection (July 2022) 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) 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) 52.203-7 Anti-Kickback Procedures (Jun 2020) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.217-2 Cancellation Under Multi-year Contracts (Oct 1997) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 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) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) 52.222-37 Employment Reports on Veterans (Jun 2020) 52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) 52.222-50 Combating Trafficking in Persons (Oct 2025) 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (May 2024) 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) 52.227-3 Patent Indemnity (Apr 1984) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.232-11 Extras (Apr 1984) 52.232-18 Availability of Funds (Apr 1984) 52.232-23 Assignment of Claims (May 2014) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.237-3 Continuity of Services (Jan 1991) 52.242-13 Bankruptcy (July 1995) 52.243-1 Alt II Changes-Fixed-Price (Aug 1987) - Alternate II (Apr 1984) 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) 52.246-25 Limitation of Liability-Services (Feb 1997)
Document Number: AOCSSB26R0002 Page 3 of 84
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) 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) AOC52.204-8 Removal of Contractor Employees from Contract (May 2022) AOC52.204-9 Photography, Video and Audio Recording (April 2023) AOC52.204-10 Prohibition on a ByteDance Covered Application AOC52.207-1 Right of First Refusal of Employment (Jun 2004) AOC52.209-2 Restrictions and Disclosures of Organizational and Personal Conflicts of Interest (Oct 2008) 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) AOC52.222-5 Collective Bargaining Agreements (July 2025) AOC52.222-8 Affirmative Recruitment (Dec 2008) AOC52.223-2 Hazardous Material Identification and Material Safety Data (Jun 2004) AOC52.223-3 Security Markings - CUI (March 2017) AOC52.223-5 Special Security Requirements (October 2021) AOC52.223-6 Special Security Requirements - U.S. Supreme Court (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) AOC52.223-11 Contract Performance and Reporting Requirements during a Pandemic (March 2021) AOC52.227-1 Patent Indemnity - Commercial Products and Services (October 2021) AOC52.227-2 Unlimited Government Rights (Nov 2004) 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) AOC52.236-6 Archeological or Historic Sites (AoC) (May 2005) AOC52.236-18 3D Reality Capture Format Requirements (July 2025) 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) AOC52.245-2 Government-Furnished Property (July 2013) AOC52.249-14 Excusable Delays (August 2018)
J List of Attachments K Representations, Certifications and Other Statements of Offerors or Respondents
52.203-2 Certificate Of Independent Price Determination (Apr 1985) 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) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification (May 2014) 52.223-1 Biobased Product Certification (May 2024)
Document Number: AOCSSB26R0002 Page 4 of 84
52.225-2 Buy American Certificate (Oct 2022) AOC52.204-2 AOC52.204-2, Unique Entity Identifier (April 2021) AOC52.204-3 Representations and Certifications (Nov 2004) AOC52.209-1 Organizational and Personal Conflicts of Interest (Apr 2010) AOC52.209-3 Company Principals (Oct 2008) AOC52.215-8 Authorized Negotiators (January 2021)
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) AOC52.215-1 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) AOC52.215-6 Preparation of Offers/Quotations (January 2021) AOC52.215-9 Failure to Submit Offer (Jun 2004) AOC52.215-12 Joint Venture Offeror Requirements (May 2010) AOC52.228-1 Offer Guarantee (July 2010) AOC52.232-14 Submission of Electronic Funds Transfer Information (March 2012) AOC52.233-5 Service of Protest (January 2021) AOC52.237-1 Site Visit (January 2021)
M Evaluation Factors for Award 52.217-4 Evaluation of Options Exercised at the Time of Contract Award (June 1988) 52.217-5 Evaluation of Options (July 1990) AOC52.215-5 Contract Award - Source Selection Procedures (Jun 2004)
Document Number: AOCSSB26R0002 Page 5 of 84
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 Senate
Food and Related
Services
Other
PSC:
1.000000 SERVICE
Period of Performance: 03/08/2027 - 12/30/2031
Description:
The Contractor shall provide migration from the date of award and phase-in services beginning 90 days prior to the performance start date on December 31, 2027, and assume full restaurant operations on December 31, 2027. The fixed fee, if any, will not start until December 31, 2027.
(Year 1 through Year 4)
Reference Line: SBA260046 - 0001
Pricing Options:
Indicator: Base
Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)
0002 Option Period One
- Senate Food and
Related Services
Other
PSC:
1.000000 SERVICE
Period of Performance: 12/31/2031 - 12/30/2035
Description:
(Year 4 through Year 8)
Reference Line: SBA260046 - 0001
Pricing Options:
Option Period: 1
Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)
0003 Option Period Two
- Senate Food and
Related Services
Other
PSC:
1.000000 SERVICE
Period of Performance: 12/31/2035 - 12/30/2039
Description:
(Year 8 through Year 12)
Document Number: AOCSSB26R0002 Page 6 of 84
Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)
Reference Line: SBA260046 - 0001
Pricing Options:
Option Period: 2
Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)
0004 FAR 52.217-8 - Senate
Food and Related
Services
Other
PSC:
1.000000 SERVICE
Period of Performance: 12/31/2039 - 06/30/2040
Description:
FAR 52.217-8 Option to Extend Services (Up to 6 months)
Reference Line: SBA260046 - 0001
Pricing Options:
Option Period: 3
Section E - Inspection and Acceptance
52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (Aug 1996)
(a) Unless otherwise designated by the specifications, all workmanship performed under the contract is subject to Government inspection at all times and places where dismantling or demolition work is being performed. The Contractor shall furnish promptly, and at no increase in contract price, all reasonable facilities, labor, and materials necessary for safe and convenient inspection by the Government. The Government shall perform inspections in a manner that will not unduly delay the work.
(b) The Contractor is responsible for damage to property caused by defective workmanship. The Contractor shall promptly segregate and remove from the premises any unsatisfactory facilities, materials, and equipment used in contract performance, and promptly replace them with satisfactory items. If the Contractor fails to proceed at once in a workmanlike manner with performance of the work or with the correction of defective workmanship, the Government may-
(1) By contract or otherwise, replace the facilities, materials, and equipment or correct the workmanship and charge the cost to the Contractor; and
(2) Terminate for default the Contractor's right to proceed. The Contractor and any surety shall be liable, to the extent specified in the contract for any damage or cost of repair or replacement.
(End of clause)
52.246-4 Inspection of Services-Fixed-Price (Aug 1996)
(a) Definition. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
Document Number: AOCSSB26R0002 Page 7 of 84
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may--
(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and
(2) Reduce the contract price to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may--
(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or
(2) Terminate the contract for default.
(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:
Document Number: AOCSSB26R0002 Page 8 of 84
Name: _____________[Name of first Key Personnel required]________________ 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)
AOC52.223-7 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)
AOC52.223-8 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.
Document Number: AOCSSB26R0002 Page 9 of 84
(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)
(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)
AOC52.242-2 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)
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(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/far/part-52 [Insert one or more Internet addresses]
(End of clause)
52.203-3 Gratuities (Apr 1984)
(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--
(1) Offered or gave a gratuity (e.g.,an entertainment or gift) to an officer, official, or employee of the Government; and
(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.
(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.
(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled-
(1) To pursue the same remedies as in a breach of the contract; and
(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This paragraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)
(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.
(End of clause)
52.203-5 Covenant Against Contingent Fees (May 2014)
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(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.
(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.
"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.
"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.
"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.
(End of clause)
52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020)
(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.
(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.
(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award.
(End of clause)
52.203-7 Anti-Kickback Procedures (Jun 2020)
(a) Definitions.
"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.
"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.
"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.
"Prime Contractor" as used in this clause, means a person who has entered into a prime contract with the United States.
"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.
"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.
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"Subcontractor," as used in this clause, (1)means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2)includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.
"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.
(b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from--
(1) Providing or attempting to provide or offering to provide any kickback;
(2) Soliciting, accepting, or attempting to accept any kickback; or
(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.
(c) (1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.
(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General.
(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.
(4) The Contracting Officer may (i)offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii)direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.
(5) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c)(5) but excepting paragraph (c)(1) of this clause, in all subcontracts under this contract that exceed the threshold specified in Federal Acquisition Regulation 3.502-2(i) on the date of subcontract award.
(End of clause)
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025)
(a) Definition.
Commercially available off-the-shelf (COTS) item, as used in this clause--
(1) Means any item of supply (including construction material) that is--
(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" in Federal Acquisition Regulation
(FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in
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FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so.
(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, proposed for debarment, or voluntarily excluded, by the Federal Government.
(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, proposed for debarment, or voluntarily excluded (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:
(1) The name of the subcontractor.
(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.
(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.
(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, proposed debarment, or voluntary exclusion.
(e) Subcontracts. Unless this is a contract for the acquisition of commercial products or commercial services, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that--
(1) Exceeds the threshold specified in FAR 9.405-2(b) on the date of subcontract award; and
(2) Is not a subcontract for commercially available off-the-shelf items.
(End of clause)
52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997)
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
(a) The Schedule (excluding the specifications).
(b) Representations and other instructions.
(c) Contract clauses.
(d) Other documents, exhibits, and attachments.
(e) The specifications.
(End of clause)
52.217-2 Cancellation Under Multi-year Contracts (Oct 1997)
(a)"Cancellation," as used in this clause, means that the Government is canceling its requirements for all supplies or services in program years subsequent to that in which notice of cancellation is provided. Cancellation shall occur by the date or within the time period specified in the Schedule, unless a later date is agreed to, if the Contracting Officer--
(1) Notifies the Contractor that funds are not available for contract performance for any subsequent program year; or
(2) Fails to notify the Contractor that funds are available for performance of the succeeding program year requirement.
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(b) Except for cancellation under this clause or termination under the Default clause, any reduction by the Contracting Officer in the requirements of this contract shall be considered a termination under the Termination for Convenience of the Government clause.
(c) If cancellation under this clause occurs, the Contractor will be paid a cancellation charge not over the cancellation ceiling specified in the Schedule as applicable at the time of cancellation.
(d) The cancellation charge will cover only--
(1) Costs--
(i) Incurred by the Contractor and/or subcontractor;
(ii) Reasonably necessary for performance of the contract; and
(iii) That would have been equitably amortized over the entire multi-year contract period but, because of the cancellation, are not so amortized; and
(2) A reasonable profit or fee on the costs.
(e) The cancellation charge shall be computed and the claim made for it as if the claim were being made under the Termination for Convenience of the Government clause of this contract. The Contractor shall submit the claim promptly but no later than 1 year from the date--
(1) Of notification of the nonavailability of funds; or
(2) Specified in the Schedule by which notification of the availability of additional funds for the next succeeding program year is required to be issued, whichever is earlier, unless extensions in writing are granted by the Contracting Officer.
(f) The Contractor's claim may include--
(1) Reasonable nonrecurring costs (see Subpart 15.4 of the Federal Acquisition Regulation) which are applicable to and normally would have been amortized in all supplies or services which are multi-year requirements;
(2) Allocable portions of the costs of facilities acquired or established for the conduct of the work, to the extent that it is impracticable for the Contractor to use the facilities in its commercial work, and if the costs are not charged to the contract through overhead or otherwise depreciated;
(3) Costs incurred for the assembly, training, and transportation to and from the job site of a specialized work force; and
(4) Costs not amortized solely because the cancellation had precluded anticipated benefits of Contractor or subcontractor learning.
(g) The claim shall not include--
(1) Labor, material, or other expenses incurred by the Contractor or subcontractors for performance of the canceled work;
(2) Any cost already paid to the Contractor;
(3) Anticipated profit or unearned fee on the canceled work; or
(4) For service contracts, the remaining useful commercial life of facilities. "Useful commercial life" means the commercial utility of the facilities rather than their physical life with due consideration given to such factors as location of facilities, their specialized nature, and obsolescence.
(h) This contract may include an Option clause with the period for exercising the option limited to the date in the contract for notification that funds are available for the next succeeding program year. If so, the Contractor agrees not to include in option quantities any costs of a startup or nonrecurring nature that have been fully set forth in the contract. The Contractor further agrees that the option quantities will reflect only those recurring costs and a reasonable profit or fee necessary to furnish the additional option quantities.
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(i) Quantities added to the original contract through the Option clause of this contract shall be included in the quantity canceled for the purpose of computing allowable cancellation charges.
(End of clause)
52.217-8 Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 [insert the period of time within which the Contracting Officer may exercise the option].
(End of clause)
52.217-9 Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 15 [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 12 years (months) (years).
(End of clause)
52.222-21 Prohibition of Segregated Facilities (Apr 2015)
(a) Definitions. As used in this clause
"Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
"Segregated facilities," means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.
"Sexual orientation" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at…
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