D-14-NE-0094_FBO_Notice.pdf

U.S. Department of Justice Drug Enforcement Administration

FBO Synopsis

D-14-NE-0094

The U.S. Department of Justice, Drug Enforcement Administration (DEA) intends to issue a firm-fixed price purchase order for a contractor to provide all labor and materials to connect and program HVAC equipment into an existing Building Automated System (Metasys) Network in El Paso, TX. The NAICS code is 238220; the size standard is $14 Million Dollars and the requirement is a small business set-aside. The Government intends to award a single, firm-fixed price purchase order in accordance with FAR Part 13 - Simplified Acquisition Procedures. All applicable provisions and clauses, including FAR clauses 52.212-3, 52.212-4, and 52.212-5 are in the attached matrix. Limited Sources Documentation is attached. This acquisition incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

The full text of a clause may be accessed electronically at https://www.acquisition.gov.

A mandatory site visit is scheduled (or September 12, 2014, 1 O:OOAM, MST. All interested parties must contact 1) George Godinez at 915-7 60-213 7 or George.X Godinez@ usdoj.gov: or

2) Grace Martinez at 915-760-203 7 or mary.g.martinez no later than September 11, 2014, 2:00pm, MST. Ifthe offeror does not attend the mandatory site visit, the quotation will not be considered for award.

The Government may reject all offers received in response to this solicitation, if doing so is in the best interest of the Government. Late submissions will not be accepted. No telephone or fax requests will be accepted. This solicitation does not commit the Government to pay any costs incurred in the submission of a quotation. Any questions regarding this RFQ must be addressed to Paula McMillan, in writing at paula.mcmillan@usdoj .gov by September 15,2014. Interested sources shall submit a quotation in accordance with the evaluation factors as detailed below.

Evaluation factors other than price include 1) technical capability of the supplies/service to meet the government requirement; 2) past performance; and 3) price. The due date for receipt of quotes is September 18, 2014 at 12:00 pm EST via email at paula.mcmillan@usdoj.gov. Award will be based on the selection ofthe technically acceptable quotation with the lowest price. The Offeror shall have an active registration in SAM.gov and be certified in the NAICS code referenced in this RFQ at the time of submission of their quote.

Award is ALL or NONE. Please reference D-14-NE-0094 in the subject line of the email quote submission.

EL Paso, Texas 79918-8033

V. Scope of Work:

The Contractor shall provide all labor, supervision, coordination, repairs, quality control, equipment, materials, supplies, tools, testing, and transportation necessary to connect and program the attached list of HV AC equipment into an existing Building Automated System

(Metasys) Network for it to be monitor on a 24/7 schedule by the Facilities Office.

VI. Requirements:

The following guidelines are for general purpose use only. These are not guide specifications as the project may require adjustments based on the mandatory site visit.

If necessary, any changes will be incorporated into the SOW prior to the due date for submission ofthe offeror' s quotation.

1. The Contractor shall visit the site to verifY the existing HV AC equipment (attached list) that needs to be connected and programmed into the Building Automated System (Metasys Network) for monitor purposes.

2. The Contractor shall provide the following services for the basement equipment:

a. Connect (4) Liebert Units to the existing Metasys (CRACs 4 & 5, XDC Unit and XDH

Unit);

b. Install 4 Bacnet Gateway communication cards for the L~ebert CRAC Units;

c. Provide Liebert sitescan web system sitelini-e interface SSW-4E, start-up and program for the Liebert port to accept Metasys Control;

d. Run electrical and communication wire from Liebert units to existing Metasys Nae and integrate Liebert Sitelink-4E gateway into Metasys; and

e. Map-in necessary system points to view and operate Liebert Units and shall generate the graphics and commission the system into Metasys Network to include configuration of all system points and create trends, schedules and critical alarms.

3. The Contractor shall provide the following services for the first floor equipment:

a. Run electrical and communication wire to connect equipment into Metasys;

b. Install new Tee Controllers and Dampers to separate two zone dampers and t-stats;

Install new static pressure sensors and bypass damper, integrate new zone on existing Metasys Bas. Establish communication and download new sequence of operation and the boxes to the graphics;

c. Install Bacnet Network Thermostat Controller with discharge air sensor, and fan status switch for DX RTU. Integrate into existing Metasys, configure and program to meet customer need and generate system graphic for split system; and

d. Replace existing Trane Controls with JCI Metasys Controls for Room 348 & 349 (VVT Systems and DXRTU).

4. The Contractor shall provide the following services for the rooftop equipment:

a. Run electrical and communication wire to connect equipment into the existing Metasys

Network

b. Include configuration of all system points and create trends, schedules, and critical alarms; and

c. Connect and program all equipment into the existing Metasys Network as per manufacturer specifications and standards.

5. The Contractor shall program schedule as per customer' s request, start-up system, test and calibrate damper operation and static pressure controls on all program equipment.

6. The Contractor shall provide a Liebert Certified Programmer to program the attached list ofHV AC equipment to accept the existing Metasys Network.

VII. List of Equipment to add to EPIC's Metasys (Building Automated System}:

L Basement HV AC Egujpment-

Room606:

CRAC 4 & 5 (Nominai10-Ton each) XDC -1 (Nominal 46-Ton Coolant Chiller Unit) XDH-1 thru 4 (Extreme Density Nominall.05-Ton each Horizontal Row Coolant, Coolant Modules)

Room607:

AC (Nominal& ton Horizontal Ceiling Mounted).

XDH-5 & 6 (Extreme Density Nominall.05 -Ton each Horizontal Row Coolant, Coolant Modules).

lL First Floor HV AC Equipment:

a. Rooms 348 & 349 RTU A/C Unit Compressor/Condenser Supply Air Return/Exhaust Air

Cooling and Heating Coils

b. Room 350 A/C - Nominal2-Ton Air cooled Ceiling mount horizontal unit

IlL Roof Top HV AC Equipment;

a. CU- 1& 2 (Air Cooled Condensers w/single refrigeration circuits and 4% HP fan motors to support CRACs 4 & 5 in Room 606).

b. CU- 3 (Prop Fan Air Cool Condenser w/dual refrigeration circuit to support A/C Unit in Room 607).

c. CU - 4 & 5 (Air Cooled Condensers w/single refrigeration circuits and 6% HP fan motors to support the XDC-1 and XDH 1thru 6 in Room 606).

d. CU - 6 (Nominal 2-Ton Condensing Unit to support AC Unit in Room 350).

IV. Misc. Items;

a. Economizer, Damper, motors, etc.

b. Power Exhaust Kit

c. VariTrac Central Control Panel (T-stat) Dampers

d. Comparative Enthalpy Kit

VII. SECURITY REQUIREMENT

All contractor personnel supporting this procurement are entrusted with a certain level of trust due to the nature ofDEA's mission. The Government expects the vendor will employ persons of integrity and trustworthiness. To ensure this, DEA reserves the right to conduct background screening or a full background investigation on all employees and owners if a need arises. While the majority of work will be performed outside of DEA, all contractors must be escorted if entering a DEA facility. DEA reserves the right to modify the security requirements found in this contract at any time.

VIII. PERIOD OF PERFORMANCE

The estimated period ofperformance is September 29,2014- December 19,2014.

QUOTATION SUBMISSION;

Please submit your quotation in the following manner:

FACTOR 1-Technical Capability

a) The Offeror shall have attended the mandatory site visit;

b) The Offeror shall discuss its technical approach and solutions to performing all of the work as described in the SOW;

c) The Offeror shall submit a project schedule;

d) The Offeror shall affirmatively agree to the Wage Determination 2005-2511 as referenced in the RFQ.

FACTOR2 -PastPerformance The Offeror shall provide a maximum of two (2) similar projects as a past performance example.

Each project example shall contain the Agency name, the Agency point-of-contact (POC) with email address and telephone number, dollar value of the order or contract, and a brief description of the task. The Government may obtain past performance information through reference checks, its own knowledge/experience, and/or from other sources.

FACTOR 3- Price The Offeror shall provide a breakout of pricing for the work described in this SOW:

a) Labor Cost:

Labor Category Title, Hourly Rate, Number of Hours Labor Cost = Hourly Rate X Number of Hours for all labor categories Total Labor Cost= Sum of all labor costs

b) Materials & Equipment:

Provide breakout of all costs for Materials Provide breakout of all equipment Total Cost for Materials and Equipment-- Materials+ Equipment)

c) Grand Total =Total Labor Cost+ Total Cost for Materials and Equipment

52.222-42 Statement of Equivalent Rates For Federal Hires (May 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each ifthey were employed by the contracting agency subject to the provisions of5 U.S.C. 5341 or 5332.

Employee Class Electrician

THIS STATEMENT IS FOR INFORMATION ONLY:

IT IS NOT A WAGE DETERMINATION

Monetary Wage $18.27/hour

Fringe Benefits $3.81/hour for Health & Welfare

PROVISION & CLAUSE MATRIX- COMMERCIAL ITEMS

Updated through FAC 2005-76 (7/25/2014)

Solicitation #: D-14-NE-0094 Page 7

52.252·1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the sa me force and effect as if they were given in full text. Upon request, the

Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

https ://a cq u isitio n .gov /far I cu rre nt/htm I/ FA RTOCP5 2. htm l#wp3 7 2 482.

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the add ition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Justice Acquisition Regulation (48 CFR Chapter 28) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation .

(End of provision)

CONTRACTING OFFICER: Check the correspond Ina box for the provisions and clauses applicable to this procurement.

Provision I Provision ntle and Qate

181 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

D 52.204-7 ALT I SYSTEM FOR AWARD MANAGEMENT (JUL 2013) WITH ALTERNATE I (JUL 2013)

D 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

D 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

181 52.212·1 INSTRUCTIONS TO 0FFERORS-COMMERCIAL ITEMS (APR 2014)

181 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999)

Note: Whenever this provision is applicable, the Government will specify elsewhere in the solicitation the significant evaluation factors and the relative importance of all other evaluation factors, when combined, when compared to price.

D 52.225-7 WAIVER OF BUY AMERICAN STATUTE FOR CIVIL AIRCRAFT AND RELATED ARTICLES (MAY 2014)

D 52.233-2 SERVICE OF PROTEST {SEPT 2006)

***fill-in information .. •

[Designate the official or location where a protest may be served on the Contracting Officer.]

The followi111 provisions require completion by the offeror and must be submitted with the quotation or offer.

181 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (MAY 2014) Note: Paragraph (i)(1): The end products being acquired under this solicitation that are included in the List of Products Requiring

Contractor Certification as to Forced or Indentured Child Labor are listed by Schedule of Supplies/Services Item Number as follows:

[when applicable, enter item numbers with country of origin in parentheses and separated by commas]

Contracting officer- select applicable item when an exemption to the Service Contract Act applies.

0 Paragraph k(1) is applicable . 0 Paragraph k(2) is applicable.

181 DEA-2852.209· 72 CERTIFICATION.REGARDING FELONY CONVICTION UNDER ANY FEDERAL lAW OR UNPAID DELINQUENT TAX liABILITY (DEVIATION 2014-01} (APR 2014)

(a) In accordance with sections 536 and 537 ofTitle V, Division B ofthe Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation -

(1) Convicted of a felony criminal violation of any Federal law within the preceding 24 months, or

(2) With any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability unless an agency has considered suspension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

Solicitation #: D-14-NE-0094

D DEA-28S2-209-75

PROVISION & CLAUSE MATRIX- COMMERCIAL ITEMS

Updated through FAC 2005-76 (7/25/2014)

(b) The offeror certifies that, as of the date of this offer-

PageS

(1) The offeror is 0 is not 0 a corporation convicted of a felony criminal violation under any Federal law within the preceding 24 months; and

(2) The offeror is 0 is not 0 a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of provision)

NATIONAL SECURITY RISK ASSESSMENT (JUN 2014)

(a) Any offeror responding to this solicitation acknowledges that before acquiring information technology equipment or software, the U.S. Department of Justice and its component entities will assess the supply chain risk of cyber-espionage or sabotage associated with the acquisition of such equipment or software, including any risk associated with such equipment or software being produced, manufactured, or assembled by one or more entities identified as posing a cyber-threat, including but not limited to, those that may be owned, directed, or subsidized by the People's Republic of China.

(b) By submitting an offer to this solicitation, the Offeror understands and agrees that the Government retains the right to reject any offer or response to this solicitation made by the Offeror, without any further recourse by, or explanation to, the Offeror, if the Government determines the Offeror or the equipment or software offered by the Offeror, in whole or in part, presents an unacceptable risk to national security.

(c) To assist the Government in assessing whether the acquisition poses a national security risk, offerors are required to complete and submit with its offer or quotation the National Security Acquisition Risk Assessment Questions, which are attached to this solicitation . Offerors must answer all questions completely and accurately to the best of their knowledge and belief. All answers are to be reflective of the parent and subsidiary levels of an organization.

(d) Offerors are also required to request, collect, and forward with its offer or quotation completed National Security Acquisition Risk Assessment Questions from all subcontractors that will provide any equipment or software in performance of the contract or order.

Offerors are responsible for the thoroughness and completeness of each subcontractor's submission.

(e) Failure to provide any such requested information may render a proposal unacceptable.

(End of provision)

Continued on next page

Solicitation #: D-14-NE-0094 Page9

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 address:

https://acquisition .gov/far/current/htmi/FARTOCP52.html#wp372482.

(End of clause)

Clause I Clause Title and Date

0 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)

0 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

0 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011}

0 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

IBI 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL2013)

0 52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995)

IBI 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (MAY 2014)

0 52.212-4 ALT I CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (MAY 2014) WITH ALTERNATE I (MAY 2014)

181 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JUL2014)

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

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

0 Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3. Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

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

[Contracting Officer check as appropriate.] 0 (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and

10 u.s.c. 2402).

0 (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 3509)) .

0 (3) 52.203-15, Whistle blower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

181 (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

0 (5) [Reserved]

0 (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

0 (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

IBI (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

0 (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

0 (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L.

112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L.

110-161).

0 (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a ).

0 (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

0 (13) [Reserved]

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

0 (ii) Alternate I (Nov 2011).

0 (iii) Alternate II (Nov 2011).

Solicitation#: 0·14-NE-0094

Updated through FAC 2005-76 (7/25/2014)

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

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

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

D (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)) .

D (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul2013) (15 U.S.C. 637(d)(4) ).

D (ii) Alternate I (Oct 2001) of 52.219-9.

D (iii) Alternate II (Oct 2001) of 52.219-9.

D (iv) Alternate Ill (Jul 2010) of 52.219-9.

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

D (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14 )) .

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

D (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Ocr 2008) (10 U.S.C.

2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

D (ii) Alternate I (June 2003) of 52.219-23.

D (22) 52.219-25, Small Disadvantaged Business Participation Program - Disadvantaged Status and Reporting (Jul 2013)

(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

D (23) 52.219-26, Small Disadvantaged Business Participation Program - Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323 ).

D (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

1&1 (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)) .

D (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul

2013) (15 U.S.C. 637(m)) .

D (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program

(Jul 2013) (15 U.S.C. 637(m)).

1&1 (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

D (29) 52.222-19, Child Labor- Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

1&1 (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

1&1 (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

D (32) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

1&1 (33) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793 ).

D (34) 52.222-37, Employment Reports on Veterans (JuL 2014) (38 U.S.C. 4212).

D (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

D (36) 52.222-54, Employment Eligibility Verification (AuG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803. )

D (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008)

(42 U.S.C. 6962(c)(3)(A)(ji )) . (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

D (38)(i) 52.223-13, Acquisition of EPEAT*-Registered Imaging Equipment (Jun 2014) (E .O. 13423 and 13514).

D (ii) Alternate I (Jun 2014) of 52.223-13.

D (39)(i) 52.223-14, Acquisition of EPEAT*-Registered Televisions (E.O. 13423 and 13514).

D (ii) Alternate I (Jun 2014) of 52.223-14.

D (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

D (41)(i) 52.223-16, Acqu isition of EPEAT*-Registered Personal Computer Products (Jun 2014) (E.O. 13423).

D (ii) Alternate I (Jun 2014) of 52.223-16.

D (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

D (43) 52.225-1, Buy American- Supplies (May 2014) (41 U.S.C. chapter 83).

D (44)(i) Buy American- Free Trade Agreements- Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-

169, 109-283, 110-138, 112-41, 112-42, and 112-43).

D (ii) Alternate I (May 2014) of 52.225-3 .

D (iii) Alternate II (May 2014) of 52.225-3.

D (iv) Alternate Ill (May 2014) of 52.225-3.

Solicitation #: D·14-NE.0094

Updated through FAC 2005-76 (7/25/2014)

0 (45) 52.225-5, Trade Agreements (Nov 2013) {19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

0 {46) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

0 (47) 52.225-26, Contractors Performing Private Security Functions Outside of the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

0 (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

0 (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) {42 U.S.C. 5150).

0 (SO) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505 , 10 U.S.C. 2307(f)) .

0 (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(fl).

0 (52) 52. 232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) {31 U.S.C. 3332).

0 (53) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) {31 u.s.c. 3332).

0 (54) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332)

0 (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

0 (S6)(i) 52.247-64, Preference for Privately Owned U.S.-Fiag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 u.s.c. 2631).

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[ContrcrctlnQ gfflcttt check as allJ!.r~r~J

1&1 {1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67, et seq.).

1&1 (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) {29 U.S.C. 206 and 41 U.S.C. chapter 67, et seq.) .

0 (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option

Contracts) (May 2014) {29 U.S.C. 206 and 41 U.S.C. chapter 67, et seq.).

0 (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. ch apter 67, et seq.).

0 (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) {41 U.S.C. chapter 67, et seq.).

0 (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-

Requirements (May 2014) (41 U.S.C. chapter 67, et seq.).

0 (7) S2.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

0 (8) 52. 226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

0 (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) {31 U.S.C. 5112(p)(l)) .

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-

l. Audit and Records- Negotiation .

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

{2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in

FAR Subpart 4. 7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved .

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

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Solicitation#: D-14-NE-0094 Page 12

(e)(l) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause -

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 {41 U.S.C.

3509)) .

(ii) 52.219-8, Utilization of Small Business Concerns (Jul2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontra"ctor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (I) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) {29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(ix) 52.222-41, Service Contract Labor Standards (May 2014) {41 U.S.C. chapter 67).

(x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

D Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-

Requirements (May 2014) {41 U.S.C. chapter 67).

(xiii) 52.222-54, Employment Eligibility Verification (AuG 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside of the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately Owned U.S.-Fiag Commercial Vessels (Feb 2006) {46 U.S.C. Appx. 1241(b) and

10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.24 7-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

D 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)

***fill-in information in paragraph (d)***

[enter agency paint of contact name, phone#, and e-mail address]

0 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

1&1 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

1&1 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

CONTRACTING OFFICER: List additional clauses below, as needed, by chec:kln& the box and enterlnc the clause number and title for each one added.

D

D

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Solicitation#: D-14-NE-0094 Page 13

The following clauses are also applicable as indicated below.

Clausell

0 DEA-2852.203-70

0 DEA-2852.204-78

I8J DEA-2852.209-70

Clause Title and Date

FORMER EMPLOYMENT OR ASSIGNMENT WITH THE DEA {JUL2014)

(a) Prior to award and throughout the life of the contract, the contractor shall identify any contractor employees who currently work for DEA, or have been employed with DEA within the last two years, or who will be working at, or providing support for, the same DEA Division or Office where they were last assigned prior to leaving DEA under this contract/task order.

(b) Any prospective and current employee identified by the contractor as meeting the criteria described above, must complete and sign a DEA Contractor Ethics Questionnaire, which is available for download at http://www.justice.gov/dea/resource-center/doing business.shtml. The contractor must then submit the employee's completed questionnaire to DEA prior to the individual beginning performance on this effort. Questionnaires shall be submitted electronically to eth icsFAC@usdoj.gov AND CC-Ethics@usdo j.gov.

(c) DEA will provide a response to the contractor for each questionnaire after review by the DEA Office of Chief Counsel.

(d) The contractor understands that contractor employees are prohibited from appearing before, or communicating with, the Federal Government on behalf of a contractor regarding a Government contract, investigation or other particular matter that they participated in personally and substantially as a Federal employee with the intent to influence Government officials in those matters for the lifetime of those matters.

(e) The contractor further understands that for two years after leaving the Federal Government, contractor employees are prohibited from appearing before, or communicating with, the Government with the intent to influence on behalf of a contractor regarding a Government contract, investigation or other particular matter that they did not participate in personally and substantially as a Government employee, but that was under their official responsibility during their last year in the Government.

(f) If DEA determines that after reviewing questionnaire responses or conducting other inquiries that a contractor employee may violate the above post-employment restrictions or other applicable laws if allowed to work on or support the contract/task order, at DEA's request, the contractor must remove that employee from the contract/task order.

(End of clause)

CONTRACTOR PERSONNEL REPORTING REQUIREMENTS (CPRR) (JAN 2013)

(a) During the life of the contract, the contractor shall report all personnel assigned to perform under the contract using the "CPRR Excel Spreadsheet Template" available at www. just ice.gov/dea/acguisitions contracts.htm l.

(b) The report shall be updated quarterly to include any additions, updates, or changes in status. This information will be maintained by DEA's Office of Security Programs, to ensure compliance with requirements of Homeland Security Presidential Directive

12 (HSPD-12).

(c) By the 10'h of January, April, July, and October, the Contractor shall provide the report directly to the HSPD-

12. Division .Mail@usdoj.gov.

(d) Failure to submit timely updates on the quarterly Contractor report will be documented by Security Programs and reported to the Contracting Officer' s Representative (COR) or Contracting Officer for appropriate action and may result in adverse comments to the Contractor Performance Assessment Reporting System (CPARS).

(e) In the event of repetitive failures to provide this report, the contract may be terminated for default.

(End of Clause)

ORGANIZATIONAL CONFLICTS OF INTEREST (MAY 2012)

(a) The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances that would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

(b) In the event that an actual, potential, or apparent organizational conflict of interest is discovered after award, the Contractor shall make full disclosure of the particular facts and circumstances to the Contracting Officer in writing. This disclosure shall include a description of the actions that the Contractor has taken, or proposes to take in order to avoid, mitigate, or neutralize the risk to the

Government.

(c) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if deemed necessary to avoid or mitigate an actual or apparent organizational conflict of interest. In the event that the Contractor failed to disclose in a timely manner, or misrepresented the facts and circumstances of, an actual, potential, or apparent organizational conflict of interest of which it had prior knowledge, the Contracting Officer may terminate this contract for default or cause, and pursue additional remedies, including debarment, as may be provided by law.

(d) The Contractor shall insert terms substantially similar to this clause in any subcontract or consultant agreement under this contract. (End of clause)

Solicitation#: D-14-NE.0094 Page 14

181 DEA-28S2.209-73

0 DEA-28S2.211-71

REPRESENTATION REGARDING FELONY CONVICTION UNDER ANY FEDERAL LAW OR UNPAID DELINQUENT TAX LIABILITY (DEVIATION 2014-01) (APR 2014)

(a) In accordance with sections 536 and 537 of Title V, Division B of the Consolidated Appropriations Act, 2014 (Pub. L. 113- 76), none of the funds made available by that Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation -

(1) Convicted of a felony criminal violation of any Federal law within the preceding 24 months, or

(2) With an unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless an agency has considered suspension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) By accepting this award or order, in writing or by performance, the offeror/contractor represents that

(1) The offeror/contractor is not a corporation convicted of a felony criminal violation under any Federal law within the preceding 24 months; and

(2) The offeror/contractor is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of clause)

SCHEDULED AND UNSCHEDULED CLOSURES OF GOVERNMENT OFFICES (NOV 2012)

(a) In accordance with 5 U.S.C. 6103, Federal Government offices are closed for ordinary business in observance of the following holidays:

• New Year's Day

• Birthday of Martin Luther King, Jr.

• Washington's Day

• Memorial Day

• Independence Day

• Labor Day

• Columbus Day

• Veteran's Day

• Thanksgiving Day

• Christmas Day

• Inauguration Day (Federal offices in the Washington DC metropolitan area only)

(b) Federal offices may close at other times without advance notice due to emergencies, inclement weather, interruption of utilities, or other reasons. Such closures may be declared by the President, Office of Personnel Management, Office of Management and Budget, the Administrator of the DEA, or other appropriate executive authority. The duration of such closures may range from an early closure with normal operations expected on the next business day to a period of indeterminate length.

(c) At the time that a closure is declared, appropriate information, notifications, and instructions will be provided regarding the return to normal operations. The Contractor shall comply with all directives issued in regards to such closures. The Contractor shal l follow agency procedures for registering emergency contact information and shall monitor appropriate broadcast mediums for receiving emergency information.

(d) When a closure is declared, contractor personnel must vacate the facility as directed except personnel designated in accordance with agency procedures by the contracting officer to remain on site to continue performance. Evacuated personnel will not be allowed to reenter the facility for the duration of the closure. Performance of work at alternate sites is not permissible except in accordance with the terms of the contract and written authorization by the contracting officer.

(e) Whenever it is necessary for contractor employees to continue performance during such closures, the contracting officer will provide written authorization for such work. Such written authorization will designate the specific individuals authorized to continue performance, alternate work sites when applicable, work schedu les, work dates, and special instructions and information . Telework may be authorized if permitted by the terms of the contract. Any services scheduled to be performed at Government facilities shall not be performed elsewhere unless specifically authorized in accordance with the terms of this contract.

(f) For firm fixed priced contracts, the terms for invoicing and payment in the contract will remain unchanged unless changed by a fully executed modification to the contract.

(g) For other than firm fixed priced contracts, the contractor shall invoice in accordance with the Payments and Prompt Payment clauses of the contract only for work performed. Employee compensation for the period of the closure sha ll be governed by corporate policy.

(h) Agency-sponsored events such as picnics or other social events are not considered to be official office closures. The Contractor shall not invoice for time spent by its employees attending or participating in such events.

(i) In no case will any compensable administrative leave, which might be approved for Federal employees in connection with official holidays or other events, extend to contractor personnel.

[End of clause]

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D DEA-2852.218-70

D DEA-2852.219-70

CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OUTBREAK OR OTHER BIOMEDICAL EMERGENCY OR CATASTROPHE (MAY 2012)

(a) It has been determined that the services provided under this contract are mission-critical and essential to the ongoing operations of the Drug Enforcement Administration.

(b) In the event of a pandemic influenza outbreak or other biomedical emergency or catastrophe, the Contractor shall continue performance of this contract without delay or interruption .

(c) The Government will provide notice, information, and instructions to the Contractor regarding any such event. If it is determined that changes to the performance requirements are necessary, the Government will implement the necessary changes by the issuance of Change Orders in accordance with the Changes clause of the contract, and the Contractor may assert its right for an equitable adjustment accordingly. Additional information and guidance is provided in the attached notice entitled, "Continuing Contract Performance during a Pandemic Influenza or Other National Emergency."

(End of clause)

SECTION 8(a) DIRECT AWARD (MAY 2012)

(a) Pursuant to the Partnership Agreement (PA) between the U.S. Small Business Administration (SBA) and the U.S. Department of

Justice (DOJ), the U.S. Drug Enforcement Administration (DEA), a component of the DOJ, hereby executes a direct award to [enter name of 8(a) concern] under the authority delegated to it by the SBA in accordance with 13 CFR 124.501 and the PA. DEA will perform all contract execution and review functions pertaining to this award in accordance with the delegation. The DEA will notify the SBA of this award, as required by 13 CFR 124.503(a)(4)( ii), and provide SBA with a copy of the award .

(b) Notwithstanding the identification of the parties on the award form, the prime Contractor for this award is the U.S. Small

Business Administration, and [enter name of 8(a) concern] is the Subcontractor.

(c) The cognizant SBA district office is:

[SBA district office]

[street address]

[city, state and zip code]

(d) [enter name of the 8(a) concern] shall :

(1) Notify the Contracting Officer, simultaneous with its notification to the SBA (as required by SBA's 8(a) regulations at 13

CFR 124.308), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern.

Consistent with Section 407 of Public Law 100-656, transfer of ownership or control shall result in termination of the contract for convenience, unless the SBA waives the requirement for termination prior to the actual relinquishing of ownership and control;

(2) Comply with the applicable performance requirements of clause 52.219-14, Limitations on Subcontracting as checked below: [Contracting officer: check only one performance standard based on the primary purpose of the contract.]

D Services (except construction) - At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

D Supplies (other than procurement from a nonmanufacturer of such supplies) - The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

D General construction - The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

D Construction by special trade contractors - The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(3) Provide the contracting officer with evidence of compliance with the applicable performance standard . This report shall show total dollars expended in the cost category specified in the performance standard both for the reporting period and cumulative to date along with the dollars and percentage of total dollars expended from the contractor's resources. This report shall be submitted annually. A final report covering the entire period of the contract shall be submitted upon expiration of the contract.

(4) Not subcontract the performance of any of the requirements of this contract without the prior written approval of the

Contracting Officer.

(e) Compliance with the Limitation on Subcontracting clause is a mandatory performance requirement of this contract.

(End of clause)

ATTACHMENT 2

DEA LIMITED SOURCES DOCUMENTATION

Required for Limited Source Acquisitions Over $3,000 but not Exceeding $150,000 (Mar 2011)

Acquisitions that do not allow for competition to the maximum extent practicable must be documented in accordance with Federal Acquisition Regulations (FAR) 13.106-3(b) for open market purchase orders or FAR 8.405-6(~ for Federal Supply Schedule (GSA) orders. Limited source documentation is required in the following circumstances: (1) when soliciting fewer than the minimum number of sources (at feast threa sources) required by FAR 13.104(b), 8.405·1(c), or 8.405·2(c)(2), whichever is applicable; and (2) when using brand name only specifications.

This template may be used in lieu of the documentation described in FAR 8.405·6m or 13.1 06(b)(1 ). The customer shall provide the following information:

PURCHASE REQUEST NUMBER: ESTIMATED AMOUNT REQUIRED DELIVERY DATE OR

D-14-NE-0094 (lnctuslve of an options) PERIOD OF PERFORMANCE: ·: '. . .. : . ..

:' ·:.,.}- ' ·· . . 09/29/14- 12/lQ/lt..

BRAND NA~ ONLY DESCRIPTION (YIN): RECURRING REQUIREMENT (YIN): RECOMMENDEDFSSCONTRACTNUMBER(W Johnson Controls Metasys Network applicable):

BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED AND THE INTENDED USE: DEAlE PIC requires contractor support to connect/program existing HVAC System and associated equipment (attached list) Into an existing Building Automated System (BAS) (Metasys) Network as per the attached SOW. This work will guarantee the ability to have all of EPIC's HVAC System and associated equipment connected and programmed into the existing Building Automated System and be monitored on a 2417 schedule. This project is critical to EPIC's mission.

UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONL V ONE SOURCE, AND ANY JUSTIFICATION THAT NO OTHER SUPPLIES OR SERVICES CAN BE USED OR Tl-iAT URGENT AND Cc:MlELUNG CIRCUMSTANCES EXIST - INCLUDE ALL CRITICAL DELIVERY OR PERFORMANCE DATES AND IMPACT TO THE GOVERNMENT…