Attachment 2 - SF1449 273FCC24Q0027.pdf

FCC // FCC

Document Number: 273FCC24Q0027 DRAFT p. 1 of 41

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

EBLV240004

PAGE 1 OF

5. SOLICITATION NUMBER

273FCC24Q0027

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Teresa Dailey

b. TELEPHONE NUMBER (No collect calls) 2024180759

8. OFFER DUE DATE / LOCAL

TIME

CODE 273FCC

Federal Communications Commission 45 L Street NE Washington, DC 20554

9. ISSUED BY UNRESTRICTED OR X SET ASIDE: 100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED 0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

LIVERMORECODE15. DELIVER TO

FCC Livermore Field Office 3320 Lorraine Street Livermore, CA 94551

CODE 273FCC16. ADMINISTERED BY

Federal Communications Commission 45 L Street NE Washington, DC 20554

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

TOGCODE18a. PAYMENT WILL BE MADE BY

FCC/TOG

45 L Street NE Washington, DC 20554

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Lines

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) Dailey, Teresa

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

FCC // FCC

08/21/24 1pm PDT

08/08/24

Document Number: 273FCC24Q0027 DRAFT p. 2 of 41

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

Document Number: 273FCC24Q0027 DRAFT p. 3 of 41

Table of Contents

Section Description Page Number

1 Continuation Sheet 2 Contract Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.204-13 System for Award Management Maintenance (Oct 2018) LOCAL 1-1 Contracting Officers Representative (COR) (NOV 2023) LOCAL 3-1 Contractor Promotional Material and Press Releases Relating to the Contract (NOV 2023) LOCAL 3-2 Access to Nonpublic Information and its Release (NOV 2023) LOCAL 4-1 Special Considerations Regarding Contract Performance (NOV 2023) LOCAL 4-2 Contractor Records Management (July 2024) LOCAL 28-1 Hold Harmless and Indemnity Agreement (NOV 2023) LOCAL-29 Micro-Purchase to Simplified Acquisition Threshold Terms and Conditions - Commercial Item Simplified Acquisitions (MAY 2023) LOCAL 32-1 Invoicing Instructions (NOV 2023) LOCAL 37-1 Nonpersonal Services Contract (NOV 2023) LOCAL 37-3 Suitability and Security Processing (NOV 2023) LOCAL 37-4 Key Personnel (NOV 2023) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (May 2024) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.223-10 Waste Reduction Program (May 2024)

4 Solicitation Provisions 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.204-7 System for Award Management (Oct 2018) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024)

Document Number: 273FCC24Q0027 DRAFT p. 4 of 41

Section 1 - Continuation Sheet

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

0001 Livermore Landscaping and Grounds

Maintenance

Firm Fixed Price

PSC: S208

12.000000 MO

Period of Performance: 10/11/2024 - 10/10/2025

Description: Livermore Landscaping and Grounds Maintenance IAW PWS 6.1 thru 6.1.1.2 and 6.2 thru 6.2.2

Firm Fixed Price CLIN

Reference Line: EBLV240004 - 0001

Pricing Options: Base

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

0002 Optional - Livermore Bulk Acre Cutting

Firm Fixed Price

PSC: S208

2.000000 EA

Period of Performance: 10/11/2024 - 10/10/2025

Description: Optional Task - Grass Cutting - Bulk Acre Cutting

IAW PWS 6.1.1.3

Firm Fixed Price CLIN

Bulk Mowing of 52.7 acres twice per season. (Southern Part of Property) - Proposed Price

Bulk Mowing of 65 acres once per season. (Northern Part of Property) - Proposed Price

NTE Amount - TBD

Reference Line: EBLV240004 - 0001

Pricing Options: Base

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

1001 Optional - Livermore Landscaping and Grounds

Maintenance

Firm Fixed Price

PSC: S208

12.000000 MO

Period of Performance: 10/11/2025 - 10/10/2026

Description: Optional - Livermore Landscaping and Grounds Maintenance IAW PWS 6.1 thru 6.1.1.2 and 6.2 thru 6.2.2

Firm Fixed Price CLIN

Document Number: 273FCC24Q0027 DRAFT p. 5 of 41

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

Reference Line: EBLV240004 - 0001

Pricing Options: Option 0001

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

1002 Optional - Livermore Bulk Acre Cutting

Firm Fixed Price

PSC: S208

2.000000 EA

Period of Performance: 10/11/2025 - 10/10/2026

Description: Optional Task - Grass Cutting - Bulk Acre Cutting

IAW PWS 6.1.1.3

Firm Fixed Price CLIN

Bulk Mowing of 52.7 acres twice per season. (Southern Part of Property) – Proposed Price

Bulk Mowing of 65 acres once per season. (Northern Part of Property) – Proposed Price

NTE Amount - TBD

Reference Line: EBLV240004 - 0001

Pricing Options: Option 0002

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

2001 Optional - Livermore Landscaping and Grounds

Maintenance

Firm Fixed Price

PSC: S208

12.000000 MO

Period of Performance: 10/11/2026 - 10/10/2027

Description: Optional - Livermore Landscaping and Grounds Maintenance IAW PWS 6.1 thru 6.1.1.2 and 6.2 thru 6.2.2

Firm Fixed Price CLIN

Reference Line: EBLV240004 - 0001

Pricing Options: Option 0001

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

2002 Optional - Livermore Bulk Acre Cutting

Firm Fixed Price

PSC: S208

2.000000 EA

Period of Performance: 10/11/2026 - 10/10/2027

Description: Optional Task - Grass Cutting - Bulk Acre Cutting

IAW PWS 6.1.1.3

Firm Fixed Price CLIN

Bulk Mowing of 52.7 acres twice per season. (Southern Part of Property) – Proposed Price

Document Number: 273FCC24Q0027 DRAFT p. 6 of 41

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

Bulk Mowing of 65 acres once per season. (Northern Part of Property) – Proposed Price

NTE Amount - TBD

Reference Line: EBLV240004 - 0001

Pricing Options: Option 0002

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

3001 Optional - Livermore Landscaping and Grounds

Maintenance

Firm Fixed Price

PSC: S208

12.000000 MO

Period of Performance: 10/11/2027 - 10/10/2028

Description: Optional - Livermore Landscaping and Grounds Maintenance IAW PWS 6.1 thru 6.1.1.2 and 6.2 thru 6.2.2

Firm Fixed Price CLIN

Reference Line: EBLV240004 - 0001

Pricing Options: Option 0001

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

3002 Optional - Livermore Bulk Acre Cutting

Firm Fixed Price

PSC: S208

2.000000 EA

Period of Performance: 10/11/2027 - 10/10/2028

Description: Optional Task - Grass Cutting - Bulk Acre Cutting

IAW PWS 6.1.1.3

Firm Fixed Price CLIN

Bulk Mowing of 52.7 acres twice per season. (Southern Part of Property) – Proposed Price

Bulk Mowing of 65 acres once per season. (Northern Part of Property) – Proposed Price

NTE Amount - TBD

Reference Line: EBLV240004 - 0001

Pricing Options: Option 0002

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

4001 Optional - Livermore Landscaping and Grounds

Maintenance

Firm Fixed Price

PSC: S208

12.000000 MO

Document Number: 273FCC24Q0027 DRAFT p. 7 of 41

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

Period of Performance: 10/11/2028 - 10/10/2029

Description: Optional - Livermore Landscaping and Grounds Maintenance IAW PWS 6.1 thru 6.1.1.2 and 6.2 thru 6.2.2

Firm Fixed Price CLIN

Reference Line: EBLV240004 - 0001

Pricing Options: Option 0001

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

4002 Optional - Livermore Bulk Acre Cutting

Firm Fixed Price

PSC: S208

2.000000 EA

Period of Performance: 10/11/2028 - 10/10/2029

Description: Optional Task - Grass Cutting - Bulk Acre Cutting

IAW PWS 6.1.1.3

Firm Fixed Price CLIN

Bulk Mowing of 52.7 acres twice per season. (Southern Part of Property) – Proposed Price

Bulk Mowing of 65 acres once per season. (Northern Part of Property) – Proposed Price

NTE Amount - TBD

Reference Line: EBLV240004 - 0001

Pricing Options: Option 0002

Section 2 - 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/ [Insert one or more Internet addresses]

(End of clause) Clause Title Fill-ins

52.204-13 System for Award Management Maintenance (Oct 2018)

LOCAL 1-1 Contracting Officers Representative (COR) (NOV 2023)

The COR is responsible for monitoring Contractor’s progress and for ensuring that all documentation, services, and/or supplies have been submitted or performed in accordance with the requirements of this contract or order. Should Contractor fail to fulfill any obligations required under this contract or order, the COR shall inform Contractor of such failure. The COR shall also inform the FCC’s Contracting Officer of technical or contractual problems or delays that have arisen during the term of performance. In addition, Document Number: 273FCC24Q0027 DRAFT p. 8 of 41 the COR shall provide approval of all invoices submitted by Contractor and perform final inspection and acceptance of all work and/or supplies delivered on behalf of the FCC.

Limitation of COR Authority. The COR is not authorized to make commitments or obligations on behalf of the FCC, including, without limitation, the exercise of options or consenting to additional costs beyond the stated ceiling price(s) or fixed price(s). The COR does not have the authority to grant Contractor permission to deviate from the requirements stated in the contract or order and shall not direct Contractor to perform any additional work that has not been specified.

By acceptance of this contract or order, Contractor acknowledges and accepts the limited authority of the FCC’s COR as described herein. Furthermore, Contractor agrees that it will refuse directions or instructions from the COR that are expressly prohibited and directly contact the Contracting Officer in those instances.

The COR for this contract or order is Ms. Makia Day. The COR may be reached via telephone at (202) 418-1677, or via email at Makia.Day@fcc.gov.

LOCAL 3-1 Contractor Promotional Material and Press Releases Relating to the Contract (NOV 2023)

(a) Except as set forth in clause Local 16 Access to Nonpublic Information and its Release (if included in this contract), the FCC may review for accuracy or approve any statements made in contractor press releases or other promotional material relating to Contractor’s performance under this contract or regarding the value or importance of services or goods provided under this contract, but it shall not expressly or impliedly endorse any particular contractor or any goods or services received, except as allowed by 5 C.F.R. § 2635.702(c)(1)-(2).

(b) Contractor shall not publish, distribute, or permit to be published or distributed, any press release, promotional account, or statement that contains information attributed to, or quotations from, FCC personnel or the FCC itself relating to Contractor’s performance under this contract or the value or importance of its services or goods provided to the FCC, unless the information is derived from a Government-wide past performance information system, is used in proper context, and is fair and accurate. Information contained in past performance questionnaires may only be used as approved by the Contracting Officer.

(c) Any press release, promotional material, or statement published or distributed by the Contractor that relates to this contract shall contain the following disclaimer with the applicable contract/order number inserted, which shall be clearly displayed:

Disclaimer: This disclaimer is required by (TBD). The Federal Communications Commission (FCC) may not have reviewed or approved any statement in this document for accuracy or validity. The FCC and its employees do not endorse goods or services provided by the Contractor or any other contractor.

LOCAL 3-2 Access to Nonpublic Information and its Release (NOV 2023)

(a) Definition. Nonpublic information, as used in this clause, means any Government or third-party information, whether included, revealed, or learned in performance of this contract (including any purchase order or order under a task or delivery order contract or a GSA schedule contract), that—

(1) Has been determined by FCC to be exempt from disclosure under the Freedom of Information Act (FOIA) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public, and the FCC has not yet determined whether the information can or should be made available to the public.

(b) Restrictions on use and disclosure of nonpublic information.

(1) The restrictions provided in this clause are intended to protect both the Government and third-party owners of nonpublic information from unauthorized use or disclosure of such information.

(i) Contractor shall indemnify and hold harmless the Government, its agents, and employees from every claim or liability, including attorneys’ fees, court costs, and expenses arising out of, or in any way related to, the misuse or unauthorized modification, reproduction, release, performance, display, or disclosure of any nonpublic information to which it is given access during performance of this contract.

(ii) Third-party owners of nonpublic information to which Contractor may have accessed during performance of this contract are third-party beneficiaries with respect to the terms of this clause who, in addition to any other third-party rights, have a right of direct action against Contractor to seek damages for injuries arising from any violation of the terms of this clause.

(2) With regard to any nonpublic information to which Contractor receives access in performance of this contract, whether the information comes from the Government or from third parties, Contractor shall—

(i) Utilize the nonpublic information solely as necessary to perform the services specified in this contract, and not for any other purposes;

(ii) Safeguard the nonpublic information from unauthorized use and disclosure;

(iii) Limit access to the nonpublic information to only those persons who need it to perform services under this contract;

Document Number: 273FCC24Q0027 DRAFT p. 9 of 41

(iv) Inform all individuals who may have access to nonpublic information about their obligations to utilize it only to perform the services specified in this contract and safeguard it from unauthorized use and disclosure;

(v) Obtain a signed nondisclosure agreement from each individual who may have access to the nonpublic information.

At a minimum, the nondisclosure agreement shall include language implementing the restrictions on use and disclosure of nonpublic information found in paragraphs (b)(2)(i) through (iv), and (b)(3) of this clause and substantially the same language as set forth in paragraph (h) below.

(vi) Provide a copy of all such nondisclosure agreements to the Contracting Officer upon request; and

(vii) Report to the Contracting Officer any violations of requirements (i) through (v) of this paragraph as soon as the violation is identified. This report shall include a description of the violation and the proposed actions to be taken by Contractor in response to the violation, with follow-up reports of corrective actions taken as requested and warranted.

(3) If Contractor receives information that is marked in a way that indicates Contractor should not have received this information, Contractor shall—

(i) Notify the Contracting Officer;

(ii) Use the information only in accordance with instructions of the Contracting Officer; and

(iii) Comply with any other notification provisions contained in this contract.

(c) Applicability.

(1) The obligations and prohibitions of paragraph (b) do not apply if Contractor can demonstrate to the Contracting Officer that the information—

(i) Was in the public domain at the time the information was accessed by the Contractor;

(ii) Was published, after having been accessed by Contractor, or otherwise becomes part of the public domain through no fault of Contractor;

(iii) Was lawfully in Contractor’s possession at the time Contractor accessed it and was not acquired directly or indirectly—

(A) From the Government; or

(B) Under another Government contract;

(iv) Was received by Contractor from a party, other than the information owner, who has the authority to release the information and did not require Contractor to hold it in confidence.

(v) Is or becomes available, on an unrestricted basis in a lawful manner, to a third party from the information owner or someone acting under the control of the information owner;

(vi) Is developed by or for Contractor independently of the information received from the Government or the information owner, and such independent development can be shown;

(vii) Becomes available to Contractor by wholly lawful inspection or analysis of products offered for sale by the information owner, someone acting under the information owner’s control, or an authorized third-party reseller or distributor; or

(viii) Is provided to a third party by Contractor with the prior written approval of the information owner.

(2) Pursuant to the lawful order or rules of a United States Court or Federal administrative tribunal or body of competent jurisdiction, Contractor may release nonpublic information to which it is given access in performance of this contract to a third party, provided that Contractor gives the owner (a) written notice of any proceeding in which compulsory disclosure of the information is foreseeable; (b) any specific request or demand for the information during such proceedings, and (c) provides the information owner with the opportunity to oppose such disclosures. Within two (2) business days of Contractor’s notice of the proceeding and Contractor’s notice of specific request or demand for the information, Contractor shall notify the Government and the third-party information owner (if applicable). More prompt notice shall be provided when production of information is required in less than two business days.

(d) Release of Contractor’s information. Contractor agrees that the Government may, in appropriate circumstances, release to its contractors, their subcontractors, and their individual employees, nonpublic information provided by Contractor in the performance of this contract, subject to the following protections. To receive access to nonpublic information needed to assist in accomplishing agency functions, the contractor that will receive access to the nonpublic information must be operating under a contract that contains this clause, which obliges the contractor to respect use limitations as described in paragraph (b)(2) and provides third-party beneficiary rights as set forth in paragraph f.

(e) Contractor Releases. Contractor shall not publish, distribute, or permit to be published or distributed, any press release, promotional material, or statement relating to this contract that contains nonpublic information. If Contractor is unsure whether the information it intends to publish or distribute contains nonpublic information, the document shall be provided, in its entirety, to the Contracting Officer for the sole purpose of determining whether nonpublic information is included.

(f) Remedies available to a third-party information owner. Contractor’s failure to comply with the requirements of this clause may provide grounds for independent legal action or other remedies available to a third-party information owner based on the protections of paragraph (b)(1) of this clause.

(g) Relationship to other Government commitments. This clause does not affect the FCC’s responsibilities under the Freedom of Information Act or the Procurement Integrity Act. This clause is consistent with, and does not supersede, conflict with, or otherwise alter the employee or other obligations, rights, or liabilities created by, existing statutes or Executive orders relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, Document Number: 273FCC24Q0027 DRAFT p. 10 of 41 or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this clause and are controlling.

(h) Other contractual restrictions on information. This clause is subordinate to all other FAR or FCC contract clauses or requirements that specifically address the access, use, handling, or disclosure of information. If any restrictions or authorizations in this clause are inconsistent with a requirement of any other FAR or FCC clause of this contract, the requirement of the other clause shall take precedence over the requirement of this clause. This clause is not subordinate to any Contractor terms or conditions that are incorporated into this contract.

(i) Subcontracts. Contractor shall insert this clause, including this paragraph (i), in all subcontracts that may require the furnishing of nonpublic information to the FCC and in all subcontracts under which a subcontractor may have access to nonpublic information. The clause so inserted shall be appropriately modified to reflect the relationship of the parties, and the terms “contract,” “Contractor,” and “Contracting Officer” shall be appropriately modified for the subcontract and to preserve the Government’s rights.

(j) Contractor shall, if requested by the Contracting Officer:

(1) Negotiate and sign an agreement, identical in all material respects to paragraphs (b)(2) and (c) of this clause, with each entity identified by the Contracting Officer that has provided the Government nonpublic information to which the Contractor must now have access to perform its obligations under this contract; and

(2) Supply a copy of the executed agreement(s) to the Contracting Officer within 30 days of execution.

LOCAL 4-1 Special Considerations Regarding Contract Performance (NOV 2023)

While on FCC premises, Contractor personnel (and any subcontractor(s) and subcontractor employees) shall only conduct business required for this or other FCC contracts. Contractor personnel shall abide by the rules and regulations applicable to FCC buildings and information technology infrastructure (e.g., e-mail and local-area-network), including Government-wide rules and regulations governing conduct on Federal property (41 C.F.R. Part 102-74, Subpt. C) and all safety and security regulations.

LOCAL 4-2 Contractor Records Management (July 2024)

A. Applicability This clause applies to all Contractors and subcontractors that receive, create, work with, or otherwise handle Federal records, as defined in paragraph B, regardless of the medium in which the record exists.

B. Definitions “Federal record,” as defined in 44 U.S.C. 3301, means all recorded information, regardless of form or characteristics, made or received by the Federal Communications Communication (FCC) under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by the FCC or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the U.S. Government or because of the informational value of data in them. The term Federal record:

(1) Includes all FCC records.

(2) Does not include personal materials.

(3) Applies to records created, received, or maintained by Contractors pursuant to a FCC contract.

(4) May include deliverables and documentation associated with deliverables.

“Records inventory,” as used in this clause, means a descriptive listing of each Federal record series or system that a Contractor creates, receives, or maintains in performance of its contract with the FCC, together with an indication of its location, retention, custodian, volume, and other pertinent data.

C. Requirements

(1) The Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including the Federal Records Act (44 U.S.C. chapters 21, 29, 31, and 33), NARA regulations at 36 CFR chapter XII, subchapter B, including 36 CFR part 1236, and those policies associated with the safeguarding of Federal records covered by the Privacy Act of 1974, as amended (Privacy Act) (5 U.S.C. 552a). These laws, regulations, and policies include the appropriate preservation of all Federal records, regardless of form or characteristics, mode of transmission, or state of completion.

(2) In accordance with 36 CFR 1222.32, all data created for U.S. Government use and delivered to, or falling under the legal control of, the U.S. Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act, as amended (FOIA) (5 U.S.C. 552), and the Privacy Act, and must be managed and scheduled for disposition only as permitted by Federal statute or regulation.

(3) In accordance with 36 CFR 1222.32, the Contractor shall maintain and manage all Federal records created for U.S. Government use, or created during performance of this contract, and/or delivered to, or under the legal control of the U.S. Government in accordance with Federal law. Electronic Federal records and associated metadata must be accomplished by sufficient technical documentation to facilitate their understanding, its use and data.

(4) In accordance with 36 CFR 1222.34 and NARA’s posted Guide to the Inventory, Scheduling and Disposition of Federal Records:

Document Number: 273FCC24Q0027 DRAFT p. 11 of 41

(a) The Contractor shall provide a records inventory to the Contracting Officer Representative and Contracting Officer within ____ (60 days unless a different number of days is inserted) business days after contract or order award. The FCC Records Liaison will review the records inventory for accuracy and accept or reject the records inventory within ____ (60 days unless a different number of days is inserted) business days after receipt.

(b) If the Contractor creates, receives, or maintains a Federal record series or system that is not included in the records inventory, the Contractor shall notify the Contracting Officer Representative and Contracting Officer within ____ (5 days unless a different number of days is inserted) business days of the Contractor's creation, receipt, or maintenance of such Federal record series or system, and provide the Contracting Officer with a revised records inventory. The FCC Records Liaison will review the records inventory for accuracy and accept or reject the records inventory within ____ (60 days unless a different number of days is inserted) business days after receipt. The Contractor shall provide the Contracting Officer or COR with a copy of any updated records inventory upon request.

(c) The FCC will periodically review, and may, in its sole discretion, update, the records inventory to ensure that it is current, accurate, and complete.

(5) The U.S. Government reserves the right to inspect, at any time during the performance of the contract, Contractor and subcontractor policies, procedures, and strategies for ensuring that Federal records are appropriately maintained.

(6) While FCC records are in the Contractor’s custody, the Contractor is responsible for preventing the alienation or unauthorized destruction of Federal records under this contract, including all forms of mutilation. Federal records may not be removed from the legal custody of the FCC or destroyed except in accordance with the provisions of the FCC records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. The Contractor shall report any unlawful or accidental removal, defacing, alteration, or destruction of Federal records to the Contracting Officer within one business day. The FCC Records Officer must report promptly to the NARA in accordance with 36 CFR1230.

(7) The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of all Federal records in accordance with this contract and laws, regulations, and government-wide policies listing in the Controlled Unclassified Information registry.

(8) The Contractor shall immediately notify the Contracting Officer within two hours of discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract.

(9) The Contractor shall not remove material from U.S. Government facilities or systems, or facilities or systems operated or maintained on the U.S. Government's behalf, without the express prior written permission of the Head of the Contracting Activity.

(10) The Contractor shall not create or maintain any Federal records containing any non-public FCC information not specified or authorized by this contract.

(11)

(a) During the term of this contract, the Contractor shall not

(i) disclose any Federal record, or any copy thereof, that contains sensitive information that is protected under federal law, regulation or government-wide policies as documented in the Controlled Unclassified Information Registry (https://www.archives.gov/cui/registry/category-list); or

(ii) sell any Federal record, or any copy thereof.

(b) When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to FCC control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract.

Destruction of records is expressly prohibited unless in accordance with paragraph (6).

(c) After expiration or termination of this contract, the Contractor shall not retain or have access to any Federal record, or any copy thereof, that contains information covered by 32 CFR part 2002 or that is generally protected from public disclosure by an exemption under FOIA with the exception, for the purposes of FOIA, of information that exclusively implicates the exemption 4 interests of the Contractor.

(12) All Contractor employees assigned to this contract who create, work with, or otherwise handle Federal records are required to complete FCC-provided records management training. The Contractor is responsible for confirming training has been completed according to FCC policies, including initial training and any annual or refresher training.

(13) The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with FCC policy.

(14) The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

(15) The FCC owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which FCC shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20. The Contractor must make any assertion of copyright in the data or other deliverables under this contract and substantiate such assertions. The Contractor must add or correct all limited rights, restricted rights, or copyright notices and take all other appropriate actions in accordance with the terms of this contract and the clauses included herein.

D. Subcontract flowdown requirements.

Document Number: 273FCC24Q0027 DRAFT p. 12 of 41

The Contractor is required to notify Contracting Officer approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or Federal records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by U.S. Government and the FCC's guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

(1) The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract and require written subcontractor acknowledgement of the same.

(2) Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

(End of clause)

LOCAL 28-1 Hold Harmless and Indemnity Agreement (NOV 2023)

(a) Responsibility for Government Property. Contractor assumes full responsibility for, and shall indemnify the Government against, any and all loss or damage of whatsoever kind and nature to any and all Government property, including any equipment, supplies, accessories, or parts furnished, while in its custody and care for storage, repair, or services to be performed under the terms of this contract, resulting in whole or in part from the negligent acts of Contractor, any subcontractor, or any employee, agent, or representative of Contractor or any subcontractor.

(b) Hold Harmless and Indemnification Agreement. Contractor shall save and hold harmless and indemnify the Government against any and all liability and claims and costs of whatever kind and nature for injury to or death of any persons and for loss of or damage to any property occurring in connection with or in any way incidental to or arising out of the occupancy, use, service operation, or performance of work under the terms of this contract resulting in whole or in part from the negligent acts or omissions of Contractor, any subcontractor, or any employee, agent, or representative of Contractor or subcontractor.

LOCAL-29 Micro-Purchase to Simplified Acquisition Threshold Terms and Conditions - Commercial Item Simplified Acquisitions

(MAY 2023)

(a) This clause applies to any vendor term, condition, or license (addressed in paragraphs (b) or (c), or both, below) that: is incorporated into this order directly by the FCC; is incorporated into this order through another contract vehicle (including another Federal agency’s contract vehicle) under which this order is made; or is made applicable in any other fashion to goods or services furnished and paid for under this order. This includes any term, condition, or license of a subcontractor or supplier of the contractor pertaining to goods or services resold by the contractor to FCC under this order.

(b) The FCC specifically does not agree to, and shall not be bound by, any vendor term, condition, or license that:

(1) makes the applicable or governing law controlling this agreement (or any license under it) other than Federal law;

(2) requires the FCC to consent to the jurisdiction or venue, or both, of State or local courts or those of foreign countries;

(3) requires the FCC to indemnify the contractor or any other party, or imposes upon the FCC any currently indefinite liability;

(4) requires the FCC or the United States to tender or assume the defense of a civil or criminal action, or alter the rights or prerogatives of the Attorney General of United States in the conduct of litigation on behalf of the United States or its agencies;

(5) requires the FCC to assume nondisclosure obligations that are incompatible with its statutory disclosure obligations under the

Freedom of Information Act, court orders, or its regulatory disclosure procedures in 47 C.F.R. Part 0, Subpart C;

(6) requires the FCC to comply with audit, entry, or access provisions that conflict with its facility and data security clearance procedures (FCC may be able to offer self-certification in cases where facility access cannot be granted);

(7) provides for automatic renewal or continuation of the order or license without affirmative action by the contracting officer;

(8) expresses the FCC’s acquiescence or agreement to equitable remedies, such as injunctive relief, to which FCC cannot agree, as they may result in the loss of use rights required for mission critical applications;

(9) except as required by law, commits the FCC to arbitration or other alternative dispute resolution procedures in lieu of following the dispute resolution procedures established in the Contract Disputes Act of 1978 (CDA), implementing regulations at FAR Subpart 33.2, and the FAR 52.233-1 Disputes clause;

(10) provides the contractor or a third party with unilateral termination rights, which would conflict with the contractor’s obligation to continue performance under the CDA and FAR dispute resolution procedures;

(11) provides the contractor with the unilateral right to modify the terms of the order or license, including price;

(12) obliges the FCC to pay the vendor's attorney fees, except as provided by statute;

(13) abrogates or alters in any way: the assignment restriction in FAR 52.212-4(b); the manner of dispute resolution provided by FAR 52.212-4(d); the invoice terms in FAR 52.212- 4(g); the payment terms in FAR 52.212-4(i) (or the Alternate version if applicable to this order); or the compliance obligations stated at FAR 52.212-4(q)-(r);

(14) without express agreement in writing by a FCC contracting officer: abrogates or alters in any way FCC acceptance and inspection rights found in FAR 52.212-4(a), the indemnity provided by FAR 52.212-4(h), FCC termination rights provided by FAR 52.212-4(l)-(m), or the warranties provided by FAR 52.212-4(o); or expands the limitation of liability in FAR 52.212- 4(p) (including Alternate versions of such paragraphs if applicable to this order); or

Document Number: 273FCC24Q0027 DRAFT p. 13 of 41

(15) provides that vendor terms and conditions represent the entire agreement with the FCC or purports to supersede or take precedence over the terms of this order and its clauses (including this clause).

(c) If this order concerns or involves the procurement of rights in data (including software):

(1) the FCC specifically does not agree to, and shall not be bound by, any vendor license that: (i) contradicts, limits, modifies, or conditions the FCC’s rights with respect to software or other data as set forth in FAR 52.227-19(b) or FAR 52.227-14(g)(3) (Alternate II), respectively (to the extent this order incorporates those FAR clauses), except as expressly provided in this order; or (ii) provides for a different allocation of data rights between the contractor and FCC than that specified in FAR 52.227-17 (relating as to special works), to the extent the order incorporates that clause; and,

(2) the contractor understands and agrees that only a FCC contracting officer is authorized to bind the FCC to a contract for goods and services, including a license for intellectual property rights or other agreement (collectively “license”), or to a modification of the terms and conditions of this order. To the extent the contractor, in order to discharge its obligation to the FCC under this order, as part of its business processes or those of its subcontractors or suppliers, requires an FCC employee to “accept” license terms by way of written or electronic signature or other manner, or by shrink-wrap, box-wrap, click-wrap, or browse-wrap agreement, the terms of that license shall not be binding upon the FCC. FCC employees who “accept” such licenses do so on this condition, and only for the purpose of allowing the contractor and its subcontractors and suppliers, for the sake of their convenience, to use the same process to perform this order that they use for commercial customers (however, only under the terms to which an FCC contracting officer has agreed in writing).

(End of Clause)

LOCAL 32-1 Invoicing Instructions (NOV 2023)

To obtain payment, Contractor shall submit a proper invoice (see FAR 32.905(b)) electronically via the U.S. Department of the Treasury’s Invoice Processing Platform (IPP), which can be accessed at https://www.ipp.gov. To use the IPP system, Contractor must follow instructions provided in an enrollment email that it receives from the IPP upon establishing an account.

LOCAL 37-1 Nonpersonal Services Contract (NOV 2023)

(a) This contract is a “nonpersonal services contract” as defined in FAR Section 37.101. It is understood and agreed that:

(1) Contractor shall perform the services specified herein as an independent contractor, and, as such, Contractor employees are not employees of the FCC, nor shall they represent themselves to be employees of the FCC;

(2) Contractor is responsible for the management and supervision of its employees and for performance of the work required under this contract; and

(3) The FCC will not exercise the day-to-day supervision and control over Contractor personnel that would be appropriate for an employer.

(b) Notwithstanding paragraph (a), Contractor shall comply with Government technical direction and other instructions exercised as a matter of right under this contract to ensure accomplishment of this contract’s requirements and objectives, such as direction to correct deliverables and approval of replacement key personnel.

(c) Contractor’s Project Manager or other designated manager shall communicate with the COR to confirm the FCC’s work requirements as set forth in this contract.

LOCAL 37-3 Suitability and Security Processing (NOV 2023)

(a) General.

(1) All Contractor personnel (which includes, for purposes of this clause, any subcontractor personnel) who will be performing work on-site at FCC facilities are subject to background investigations for the purpose of suitability determinations. Based on their proposed duties, some Contractor personnel may also be required to have security clearance determinations. No Contractor personnel may be assigned to work on this contract or order without a Favorable Preliminary Adjudication determination by the FCC Security Operations Center (SOC). This includes a review of the OF 306, Declaration for Federal Employment (https://www.opm.gov/forms/ pdf_fill/of0306.pdf), or a written waiver from the SOC.

(2) Suitability, waiver, and security clearance determination investigations shall be conducted through the SOC. Before any final adverse determination is made, affected Contractor personnel will be provided with instructions for the review process. The Contractor shall remove any Contractor personnel who are found not suitable, have a waiver cancelled, or are denied a security clearance, during the same business day that the Contractor is notified of such determinations.

(3) If Contractor personnel are reassigned and the new position is determined to require a higher level of risk suitability than the Contractor personnel currently hold, such individuals may be assigned to such positions on a temporary and conditional basis while the determination is reached by the SOC. A new FCC Form A-600, “FCC Contractor Record Form” shall be completed for the new position.

(b) At Time of Contract Award.

Document Number: 273FCC24Q0027 DRAFT p. 14 of 41

(1) The SOC must receive the completed and signed OF 306 for all proposed Contractor personnel at the time of contract award.

(NOTE: The OF 306 must be signed and dated no earlier than 30 days from the contract award date.) Resumés for all Contractor personnel proposed for assignment on the contract should be provided to the SOC prior to the time of the on-boarding process.

The SOC requires a minimum of five (5) business days (from the date the forms are received) to process the OF 306 before any employee will be allowed to begin work on the contract. A written waiver from the SOC may be obtained in special or extenuating circumstances. All Contractor personnel, regardless of task description, must complete the OF 306 form. Without an approved OF 306 form on file at the SOC, no Contractor employee may begin work under this contract. An approved OF 306 form is one that has resulted in a Favorable Preliminary Adjudication determination by the SOC. During the SOC Preliminary Adjudication determination process, Contractor personnel may be interviewed by SOC staff regarding information on their OF 306 form and shall cooperate by answering any questions asked or furnishing any written documents requested.

(2) Additional Requirements for Non-U.S. Citizens. In addition to the OF 306 form, Contractor shall provide the following information on all proposed Contractor personnel who are not U.S. Citizens at the time of Contract Award:

(i) Proof of Legal Status in the U.S., i.e., foreign passport with visa, alien registration, Permanent Resident Alien Identification Card, or other immigration document. (NOTE: Documentation must indicate that the individual is authorized to work in the U.S.);

(ii) Sponsorship Letter from the Contractor or subcontractor identifying the individual as a Non-U.S. Citizen working for the company; and

(iii) Resumé or other documentation showing that the individual has been residing in the U.S. at least three (3) consecutive years immediately prior to contract award or applying for the current position, whichever is later.

(3) FCC Contract Personnel Record (FCC Form A-600). This form, with the COR and CO portions completed, will be distributed at the time of contract award and must be submitted to the SOC within ten (10) business days after the contract is awarded.

(4) The SOC will notify the COR, CO, and the Contractor personnel of the Final Adjudication determination and provide further instructions based on whether the Final Adjudication is favorable or unfavorable.

(c) On-Boarding, Monthly Reporting, and Checkout Requirements.

(1) Locator and Information Services Tracking (LIST) Registration.

The SOC maintains a Locator and Information Services Tracking (LIST) database containing contact information for all Commission and Contractor personnel, regardless of work location. The Contractor personnel’s FCC Form A-600, “FCC Contractor Record Form” captures the information for data entry into the LIST system.

(2) On-Boarding Process.

(i) Following the processing of the OF 306 form and a Favorable…