DJM-17-A44-Q-0021_-_P00002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER

P00002

3. EFFECTIVE DATE

10/13/2017

4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

15M500CODE

UNITED STATES MARSHALS SERVICE

AFD, CG-3, 9th FL United States Marshals Service Landover Operations Center 3601 Pennsy Drive

Freddie L. Everett

(O) (703) 740 1444 Freddie.Everett@usdoj.gov

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

DJM-17-A44-Q-0021

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

09/27/2017

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this modification is to extend the closing date of this solicitation until 10/16/2017 at 5:00 p.m. and update the SOW.

Please see attached.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Freddie, L, Everett

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

DJM-17-A44-Q-0021 Page 1 of 12

FEverett Typewritten Text 10/13/2017

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Mar 2016)

4 List of Attachments 5 Solicitation Provisions

52.204-8 Annual Representations and Certifications (Apr 2016) 52.212-2 Evaluation - Commercial Items (Oct 2014)

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Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (May 2015)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

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): www.acquisition.gov

Clause Title Fill-ins (if applicable)

52.216-22 Indefinite Quantity (Oct 1995)

52.216-24 Limitation of Government Liability (Apr 1984)

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

(Aug 2011)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.232-1 Payments (Apr 1984)

52.233-3 Protest after Award (Aug 1996)

52.236-7 Permits and Responsibilities (Nov 1991)

52.236-12 Cleaning Up (Apr 1984)

52.236-13 Accident Prevention (Nov 1991)

52.253-1 Computer Generated Forms (Jan 1991)

52.212-4 Contract Terms and Conditions--Commercial Items (May 2015)

52.202-1 Definitions (Nov 2013)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006)

52.203-7 Anti-Kickback Procedures (May 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity (May 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

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Clause Title Fill-ins (if applicable)

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

Contractors Debarred, Suspended, or Proposed for Debarment (Oct

2015)

52.222-50 Combating Trafficking in Persons (Mar 2015)

52.232-17 Interest (May 2014)

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

52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I (Nov 1991)

52.244-6 Subcontracts for Commercial Items (Feb 2016)

52.246-24 Limitation of Liability - High-Value Items (Feb 1997)

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

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

Clauses By Full Text

Clause 2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985) was added or modified.

Clause 52.216-18 Ordering (Oct 1995) was added or modified.

Clause 52.216-19 Order Limitations (Oct 1995) was added or modified.

Clause 52.217-8 Option to Extend Services (Nov 1999) was added or modified.

Clause 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) was added or modified.

Clause 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) was added or modified.

Clause 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Mar 2016) was added or modified.

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Mar 2016)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(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)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incor-

DJM-17-A44-Q-0021 Page 5 of 12 porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C.

6101 note).

__ (5) [Reserved].

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

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

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

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

__ (10) [Reserved].

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

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

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

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Oct 2015) of 52.219-9.

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

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

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.)

__ (35)(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)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (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.)

__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

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

__ (42)(i) 52.225-3, 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, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Of-fice of Foreign Assets Control of the Department of the Treasury).

__ (45) 52.225-26, Contractors Performing Private Security Functions Outside 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).

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (50) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (51) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

X (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (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:

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

X (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

X (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Con-tracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 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. chapter 67).

__ (6) 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).

__ (7) 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).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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(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 52.215-2, 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 re-lating 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.

(e)(1) 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 indic-ated 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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting oppor-tunities.

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

(l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

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

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

(xi) __(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

__(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xii) 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).

(xiii) 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).

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside 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).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in

DJM-17-A44-Q-0021 Page 9 of 12 accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag 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 52.247-64.

(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)

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Section 4 - List of Attachments

Identifier Title Number of Pages

11 Updated SOW - ADDED 9

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Section 5 - Solicitation Provisions

Provisions By Reference

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

This solicitation incorporates one or more solicitation provisions 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. 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/these address(es): www.acquisition.gov

Provision Title Fill-ins (if applicable)

52.204-7 System for Award Management (Jul 2013)

Clause 52.204-8 Annual Representations and Certifications (Apr 2016) was added or modified.

Clause 52.212-2 Evaluation - Commercial Items (Oct 2014) was added or modified.

52.212-2 Evaluation - Commercial Items (Oct 2014)

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

Technical Capability, Past Performance and Price

[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Gov-ernment requirement; (ii) price; (iii) past performance (see FAR 15.304);?and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

Technical and past performance, when combined, are approximately equal to price

[Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for ac-ceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified ex-piration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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United States Marshals Service Asset Forfeiture Division

STATEMENT OF WORK

1) PARTIES AND PURPOSE

a) This contract is between the contractor and the U.S. Marshals Service (USMS) through which the contractor will provide full case support and subsequent care of 40 pit bull terriers (dogs) involved in a dog fighting operation.

b) The purpose of this requirement is to provide onsite seizure/evidentiary support, transportation, daily care, treatment, food, kennel boarding, expert witness services as needed and disposal services for the dogs.

c) The 40 pit bull terriers (dogs) are currently located in 5 to 6 different locations within the state of Louisiana.

a. Due of confidentiality, the only information regarding the locations of the dogs that can be disclosed at this time is that they are located in Livingston Parish, Tangipahoa Parish, St. Helena Parish, and St. Tammany Parish. Information regarding the specific locations of the dogs will be provided after award.

2) DEFINITIONS AND TERMS

a) ASSET ID NUMBER (AIN): This is the asset identifier which is assigned, by the seizing agency, to each asset at the time that it is seized.

b) BASIC VETERINARY CARE: The routine veterinary procedures for the well-being of the dogs often performed on a regular basis to include but not limited to regular vaccinations, worm testing, de-worming, veterinary examinations, routine blood tests, and routine or non-invasive veterinary treatment and procedures necessary to ensure the health of the seized dogs.

c) BUSINESS HOURS: Hours between 8:30 AM and 5:00 PM, Monday through Friday, excluding Federal Government holidays.

d) CONTRACTING OFFICER (CO): A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

e) CONTRACTING OFFICER'S REPRESENTATIVE (COR): A Government employee who provides technical direction to the contractor. The COR is designated in writing by the

CO.

f) EXPERT WITNESS: Certified individual who will provide forensic and/or behavior analysis to a court of law in relation to the criminal or civil cases pursued for the dog fighting violations.

g) KENNELING: Services to include but not limited to housing, feeding, bathing and grooming. Kenneling shall be billed per dog kenneled.

h) MISCELLANEOUS EXPENSES: Expenses that are not otherwise specified in the SOW; pre-approval is required for invoicing purposes along with receipts.

i) OFFSITE FOSTER CARE: Boarding rate for any dog(s) which may be housed at a foster care home versus the main storage facility. Contractor must demonstrate how this method of care is best for the dog(s) behavioral growth and development. Any offsite foster care must have COR pre-approval. The USMS will pay for the basic daily care and veterinary fees for any dog at offsite foster care. The daily rate shall be the same billed rate as for the main storage facility. The foster care facility shall provide all other services for the dogs as does any main storage facility.

j) SPECIAL VETERINARY CARE: The care for the dogs not performed on a routine basis to include but not limited to non-routine/specialized treatment(s), undertake invasive procedures, or performing of humane euthanasia. Appropriate methods should be utilized to humanely euthanize a dog and the euthanized dog should be disposed of properly. Prior COR approval is required before special veterinary care is performed.

k) TRANSPORTATION: Includes any necessary transportation for any of the dogs. Transport shall be billed per dog transported.

l) TRAVEL: Includes any necessary costs associated with travel of expert witness services performed.

3) CONTRACTOR REQUIREMENTS

a) Contractor shall prepare and transmit to the USMS an Operational Plan* that includes:

i. Point of contact for operational coordination prior to the time of seizure

ii. Proposed strategy to house the dogs after the time of seizure. This strategy may be a centralized location, a series of partnered facilities/shelters or a combination of the two.

iii. Proposed strategy for maintaining security at the facilities where the dogs are housed.

iv. Relocation strategy to transport the dogs from the various seizure locations to the contractor’s storage location(s).

b) Contractor shall provide the following key personnel:

i. A designated point of contact for 24 hours per day, 7 days per week, 365 days per year access for operational matters

ii. Expert witnesses as needed for the criminal or civil cases for the dog fighting operation

iii. A centralized point of contact for billing and administrative issues

4) FACILITY(IES) REQUIREMENTS

a) Each facility must limit both physical and visible access to the dogs to approved persons.

b) Must possess active liability insurance policy.

c) Contractor must be compliant with all applicable Federal, State and local laws, regulations and ordinances regarding kenneling and care of dogs.

* All OPERATIONAL PLANS must be presented to the USMS COR prior to release to any other related party (e.g.

Investigative Agency, task force officer, or DOJ representative). Failure to do so will result in a cure notice. The USMS COR must be included in all planning and operational meetings.

d) Must have, at a minimum, inside and/or outside runs not less than 48 inches wide with a minimum length of 10 feet.

e) Inside pens must be at minimum 16 square feet per dog and must be large enough for the dog(s) to turn about freely, to stand erect and lie down in a natural position. Dogs shall be caged individually except where otherwise indicated for health or welfare reasons.

f) Must be able to provide lighting by either natural or artificial means. Shall provide a minimum of thirty candle power for at least eight hours per day except where contraindicated for health reasons. A means to control the amount of sunlight entering dog quarters during the warm seasons of the year shall be provided.

g) Facility must have adequate environmental sanitation to keep vermin away.

h) Must have running water.

i) Must remove feces and other excreta at least once daily and the runs washed down with hot water and disinfectant cleaner. Excreta shall be disposed of in a sanitary manner.

j) Must be climate controlled and ventilated in such a manner as will provide fresh air at all times.

k) Staffing and Access Requirements

a. The contractor shall be available, at its storage facility(s), between the hours of

8:30 AM and 5:00 PM, Monday through Friday, excluding Federal Government holidays. Contractor shall provide a point of contact for 24 hours per day, 7 days per week, and 365 days per year access.

b. USMS COR or COR designee will perform monthly and random inspections of facility, dogs, records, and processes. The COR will provide the names of any other visitors to the facility prior to the scheduled visit, which must be arranged within 12 hours before the stated time.

c. If during the course of the period of performance the contractor has a need to relocate all dogs from the main storage location originally proposed to another storage location, COR pre-approval is required along with facility inspection prior to transfer of dogs. The cost of transport would be borne by the contractor.

l) If contractor proposes an alternate foster care facility, it must be pre-approved by the COR. All alternate foster care facilities must:

a. Have a written agreement with the contractor specifically releasing the United States Government, the Department of Justice and USMS from any liability for any harm/damages incurred while the dog(s) is in their location

b. Have a written agreement in place with the contractor specifying the terms and conditions of the fostering of the dog(s). The written agreement between the contractor and the offsite kenneling location must be approved by the COR.

c. The COR or designee (administrative or operational personnel, investigative agencies, United States Attorney Office representatives, etc.) must be able to access the dogs sheltered at any alternate foster care facility within 12 hours of notification to perform random and/or monthly inspections. The COR will provide any alternate designee names of potential visitors within 12 hours of the actual visit.

5) TRANSPORTATION REQUIREMENT

a. The contractor shall obtain COR approval prior to transporting any dog from the main daily care facility to another location. The reason for transport must be defined and COR pre-approval is required.

b. All dogs shall be transported via automobile or specialized transport vehicle.

i. If a dog must be transported via airplane, the contractor shall provide a written statement to the COR which outlines why the dog cannot be transported via automobile. COR pre-approval is required

c. All dogs shall be transported in crash-rated travel crates. Travel crates must be secured within the vehicle to prevent movement during transport

d. All dogs shall be kept inside the transport automobile during the time the vehicle is in motion

e. All dogs shall be transported at a temperature which will prevent heat stress or exposure to cold

f. Dogs shall be crated individually except where otherwise indicated for health or welfare reason.

g. The contractor shall provide the necessary sustenance for any dogs during the transport phase as required.

h. During the transport phase and dependent on the type of specialty transport vehicle used, dogs may need to be removed as dictated by the handlers.

i. The contractor shall provide one photo of each dog and page 1 of the intake form that provides the basic information of the dog. This initial report shall not replace the more in-depth behavioral assessment provided by the contractor that is due within 10 days of intake. This cursory report is for recordkeeping purposes only at the time of intake. Photo and one page report shall be sent electronically to the COR within 48 hours of custody.

6) CARE AND TREATMENT OF DOGS

1. Care of the dogs shall include the following:

a. All dogs shall be segregated for health, welfare or breeding reasons and any vicious dogs shall be removed and caged separately.

b. Veterinarian must be on call and available to perform special veterinary care as needed.

c. Facilities for isolating dogs under quarantine of treatment for communicable diseases shall be in a room or area that is separated from other dog-holding facilities.

d. Dogs shall be provided with clean fresh water and sufficient and wholesome food. Food and water containers shall be kept clean and sanitized.

e. Dogs shall be exercised on a daily basis unless the dog is subject to medical treatment(s) which would prevent daily exercising.

f. Provide and/or obtain basic medical care including veterinary treatment (i.e., regular vaccines, de-worming, bi-annual dental exams) as needed in order to ensure the well-being of the dogs. There shall only be one charge per month per dog for basic vet care.

g. Provide any other care deemed necessary in order to ensure humane treatment of each dog.

h. Contractor must notify COR immediately of any serious illness or injury that requires veterinary treatment. COR shall provide emergency notification numbers that can be used outside of normal business hours. It is imperative that the contractor make every available attempt to contact the COR prior to procuring emergency veterinary services as a result of a serious illness or injury.

i. Only approved USDA, FDA and EPA products are to be utilized on the dogs. These products must be in accordance with the approved product use guidelines.

j. Contractor shall have appropriate staffing with the ability to recognize common health problems and know how to utilize dog health products and other control measures.

k. If prevention and control methods are ineffective, the contractor and/or staff should promptly contact a veterinarian for a diagnosis and treatment program to minimize dog suffering and dog losses.

l. Special veterinary care, approved by COR in advance, is to be performed by a certified veterinarian. In the case of emergencies outside of business hours, contractor has the rights to perform necessary care, not exceeding $2,500, to prevent any harm to the dog(s). COR shall provide emergency notification numbers that can be used outside of normal business hours. It is imperative that the contractor make every available attempt to contact the COR prior to procuring special veterinary services.

m. If any dogs are found to be pregnant, contractor shall:

a. Provide suitable warmed clean area for whelping and care of newborn puppies. This includes a whelping box and other supplies to assure the safe birth of the litter and a small warm box with heating pad for newborn puppies after birth.

b. Consult/provide an individual with experience to monitor the whelping process. This individual will ensure that the puppies are being properly fed, either via suckling from the mother or being hand fed if there are suckling issues with either the mother and/or puppy.

c. Provide a report via email to the COR within 48 hours of birthing to include at minimum the quantity of puppies, date of birth, gender and weight for each puppy.

d. Provide a safe area for confining the puppies when they become mobile

e. Assure vaccinations are given at six to eight weeks after birth.

f. Report any incidents related to the puppies to the COR within 24 hours.

2. Contractor will socialize and perform behavioral analysis for all dogs in the care of the contractor. Socialization and behavior analysis should include but not be limited to:

a. Testing and monitoring the dogs’ ability to cue to human gestures.

b. Observing, testing and monitoring the dogs’ ability to cue to other dogs.

c. After assignment of behavior categories, the contractor shall provide a complete behavioral analysis to the COR within 10 days of intake.

d. Upon review, the COR will provide a listing of all Category “D” dogs to the appropriate parties (USAO/IA) for review and consultation on next steps.

e. If at any time during socialization and behavior analysis the dog(s)’ behavior results in continual regression, the contractor will notify the COR so that corrective action may be taken for the welfare of the contractor’s staff, the dog and other dogs.

3. Record-keeping

a. Contractor shall maintain on a current basis complete and accurate records and account for all expenditures of funds under this contract in accordance with generally accepted accounting principles and instructions provided by COR to facilitate on-site auditing and inspection of such records.

b. Permit COR or designee onto premises at any time during normal business hours for inspection of the dogs, facility, and all records relating to this contract. The contractor shall maintain all records through the duration of this contract.

Unannounced inspections will also be performed.

c. The contractor shall maintain all records pertaining to the health and veterinary treatment of the dogs and provide upon request by CO/COR.

d. The contractor shall maintain all records pertaining to the dogs behavioral analysis conducted during interactions between the contractor and the dogs.

i. The contractor shall annotate the files of all dogs for significant developments and/or regressions occurring during behavioral analysis.

7) EXPERT WITNESS SERVICES

1. Contractor will provide personnel able to conduct expert witness services if requested.

All expert witnesses must provide a curriculum vitae (CV) showing their experience in conducting analysis of dogs involved in dog fighting operations.

2. Expert witness services may include but are not limited to:

a. Conducting behavioral analysis of dogs which may been involved in dog fighting operations include hands on behavioral evaluation and report of observation and recommendations.

b. Providing written reports and/or opinions to be used as evidence in a court of law on any of the dogs.

i. Any written reports and/or opinions should be delivered within 10 business days of conducting the analysis of the dog(s).

c. Providing testimony in court if required.

3. The contractor shall be reimbursed for travel expenses incurred for expert witness services. These expenses shall include transportation costs, lodging, meals, incidental, and expenses (MI&E). Information regarding Federal Travel Regulations and Procedures can be obtained at the following website: www.gsa.gov. First class airfare and other upgraded methods of travel will not be reimbursed.

8) SUBSEQUENT TRANSFER OF THE DOGS

If at any time during the period of performance, the USMS, COR and/or the Department of Justice determines that any or all dogs in the care of the contractor should be transferred to another facility or location, the COR will notify the contractor as soon as possible. The physical transfer will be the responsibility of the United States and will relieve the contractor of any further responsibility under this contract.

http://www.gsa.gov/

9) DISPOSAL

Disposal can be determined by various means. Disposal can be defined as: disposal via surrender or disposal via forfeiture.

1. Disposal via surrender

a. If during the actual seizure, the “owner” of any dog(s) willingly signs a surrender form than that dog(s) is the immediate responsibility of the contractor on-site.

The USMS will pay ONLY for transport to the contractor’s facility but will not pay for any subsequent kenneling or veterinarian services. Spay/neuter and/or euthanasia will not be charged to the USMS.

b. Once dogs have been relocated and into the kenneling process, the USMS will pay for the daily kennel rates and/or veterinarian services up until a signed surrender form is received. The USMS will pay for 20 additional days, using the date of the surrender form as the beginning of the 20 calendar days. After the end of the 20 days, the USMS will no longer pay for any future services except spay/neuter/euthanasia which will be on a case by case basis. Any and all storage fees shall be based on a monthly rate, pro-rated if the dogs are entered into kenneling post the 15th of the month.

2. Disposal via forfeiture

a. Upon the conclusion of the judicial proceedings, the contractor will begin the preparing of the dogs for adoption. Preparations should include but not limited to:

i. Spaying/neutering or euthanasia of the dog(s). (Cost borne by the USMS)

ii. If needed, identifying a potential partnering organization licensed to facilitate the adoption of dogs in all geographic locations.

iii. Preparing all necessary paperwork required for adoption.

iv. Screening potential candidates seeking to adopt the dog(s) if that is the standard practice of the contractor.

3. Once the transfer of ownership is completed, the contractor will facilitate the adoption process for the dogs to new owners. All adoptions must take place in accordance with the laws of the state in which the dogs are adopted.

Release to Claimant or Owner

1. Contractor may be instructed to release dog(s) to a third party as directed by the COR.

The USMS COR and a Deputy United States Marshal shall execute the USM-102 chain of custody with the vendor.

2. Disposal Documents Required: Upon disposal via release to claimant, or owner, the contractor shall execute the following documents:

a. USM-102

b. District Hold Harmless Agreement (if applicable)

10) HOLD HARMLESS & INDEMNIFICATION AGREEMENT

1. Contractor agrees to hold harmless the United States for any death, injury, or other harm suffered by any officer, employee, volunteers or other individuals caused by the dogs while in their care.

2. Contractor agrees to indemnify the United States in the event that any suit, cross-complaint, third-party complaint, or counterclaim is filed against the United States, resulting from any death, injury, harm or claim of any kind suffered by third parties caused by the dogs during the period when the dogs are under contractor’s control.

3. Contractor agrees to hold harmless the United States for any personal or real property damage caused by any of the dogs while in their care.

11) CONFIDENTIALITY AGREEMENT

1. Except as otherwise set forth in this section, contractor agrees to strict confidentiality regarding this contract and their participation in the evaluation and care of the dogs in this case. Under NO circumstances will any information be released to third parties or any information that will compromise the United States’ investigation, the names or any identifying information about the target of the investigation, evidence, or any association to the dogs.

2. Contractor shall limit access to the subject dogs pertained to in this contract to individuals with an official need for access in order to perform responsibilities under this contract. Representatives of the USMS shall be allowed access to the dogs and the facility at any time during business hours unless there is an urgent need or emergency after those hours.

3. Access is restricted to the contractor or their authorized employees, the CO/COR or his/her designee, or individuals accompanied by USMS personnel that are approved by the CO/COR. A list of all authorized contractor employees will be given to the COR upon award of this contract.

4. All media request and use of images must be pre-approved by the COR.