Evidentiary Property_Draft SOW.pdf

1. BACKGROUND

The U.S. Department of Transportation (DOT), Office of Inspector General (OIG) in its investigations have evidentiary property, including documents, photographs, and other tangible property that may require transporting, handling, and storage. This effort requires support from a contractor(s) that utilizes a nationwide program that is established to transport, store, and/or dispose of property in the custody of the U.S. Government.

Services are provided by the contractor(s) and its subcontractors in the United States and its territories and protectorates, including, but not limited to Hawaii, Alaska, Puerto Rico, the U.S. Virgin Islands, Guam, and American Samoa.

2. STATEMENT OF WORK TASKS

Individual Call orders will specify services required. Statement of Work (SOW) requirements are delineated as follows:

3. NOTIFICATION AND ACCEPTANCE

a) Initial notification by DOT/OIG will be made in written form, via email, or telephonically through representatives designated by the Contractor. Contractor's representatives will transmit acceptance documents to the requesting DOT/OIG official(s) and monitor the return of the acceptance documents. Upon notification, Contractor will arrange through its Contractor network to accept the evidentiary property as requested by DOT/OIG. When required, Contractor management and staff will provide on-site coordination of acceptance of property. Services will be available during normal business hours (8 a.m. to 6 p.m. local time Monday through Friday).

b) All property accepted shall be physically inventoried by experienced Contractor personnel and documented as to a detailed description, quantity, and condition. A copy of the inventory shall be provided to DOT/OIG.

c) At the time of acceptance, OIG will provide a DOT/OIG Evidence Custody

Document (ECD) or similar document to the Contractor to provide accountability.

Evidentiary property information, including description, quantity, condition of property, transfer, storage location, and appraised value, if necessary, will be noted on the document.

d) The contractor shall photograph all property at the time of acceptance to confirm description and condition and provide copies of such photographs to DOT/OIG.

Photographs of labeled and sealed boxes is sufficient. Sealed boxes shall not be opened. Individual tangible items shall be photographed separately.

e) In some circumstances, an estimated appraised value (APV) may be necessary. In those circumstance, DOT/OIG shall provide an APV at time of acceptance.

Contractor will forward a request in writing to the appropriate DOT/OIG official to obtain an APV, if necessary.

4. REPORTING

The Contractor shall provide monthly invoicing and an annual Risk Management Report

(RMR) to DOT/OIG. A RMR will include the security features and building type of the location that is housing DOT/OIG evidentiary property. The RMR should include, but not limited to, a description of the exterior type of the building or structure (brick, metal, or stone), type of perimeter fencing, type of access for entry, and security camera coverage.

5. TRANSPORTATION

a) The Contractor shall have expertise in the transportation of hazardous materials and comply with the Federal Hazardous Materials Regulations (49 CFR Parts 171-180).

b) The Contractor shall provide all arrangements for transportation of DOT/OIG evidentiary property from point of acceptance to storage destinations. DOT/OIG will provide adequate notification (at least 24 hours) to ensure availability of appropriate transportation. Contractor shall provide a quote of the transportation costs prior to transporting the evidentiary property.

6. HANDLING AND STORAGE

a) Handling costs will be dependent on the type of property being stored and specific handling requirements. These are unique for every seizure. Items seized may include, but are not limited to, hazardous materials, such as jet fuel, compressed gases, explosives; portions of interstate transmission pipelines, vehicles, boats and planes and other materials commonly found in the transportation industry.

b) Contractor shall provide DOT/OIG a quote of the handling costs prior to accepting

DOT/OIG evidentiary items. Cost details will be included on invoices to DOT/OIG.

Contractor shall bill for actual cost for repair/replacement of damaged containers containing DOT/OIG evidentiary property.

c) Contractor shall store DOT/OIG evidentiary property at locations having brick, metal, or stone walls. Storage units must have secure walls to roof height with no shared access (e.g. metal fencing between storage units is unacceptable). Full exterior perimeter fencing is required. Security camera coverage of the main vehicle entrance is required.

7. EVIDENCE SECURITY

a) Contractor shall maintain evidentiary property in storage locations selected by the

Contractor that ensure DOT/OIG evidentiary property is safe from destruction, alteration, and theft. Contractor shall consult and receive DOT/OIG’s approval on the location of storage locations to ensure the location is within 25 miles of a DOT/OIG office or post-of-duty. If a location cannot be found within 25 miles of a DOT/OIG office or post-of-duty or for another reason (e.g., Court will not allow property transferred outside of State), the Contractor and/or DOT/OIG shall provide a written statement to the other party as to why DOT/OIG evidentiary property is being maintained further than 25 miles. The Contractor shall receive DOT/OIG approval for locations more than 25 miles from a DOT/OIG office or post-of-duty.

b) Contractor shall physically survey evidentiary property annually to ensure continuing compliance. The Contractor shall provide the results of the survey to DOT/OIG at the end of each fiscal year (September 30th) in written form, via email.

8. PROPERTY ACCESS AND REMOVAL

a) DOT/OIG shall have 24/7 access to its evidentiary property. DOT/OIG shall be given keys, combination codes or any other necessary information to access its items at any date or time.

b) DOT/OIG will notify the Contractor when property will be removed. This communication will contain the description and quantity. Services related to disposition, such as destruction, sale or other actions shall be performed by the Contractor as requested by DOT/OIG. These services shall be performed in accordance with a written request. The Contractor shall provide a quote prior to performing any requested services.

9. COMMUNICATIONS

All correspondence with DOT/OIG relative to its evidentiary property will be in accordance with this section of the SOW. A list of responsible parties will be exchanged between the Contractor and DOT/OIG, along with appropriate phone numbers and email addresses, to ensure reliable, accurate, and timely communications.

10. ADVERSE INCIDENTS

Incidents (e.g. theft, damage) affecting DOT/OIG evidentiary property shall be reported to DOT/OIG in written form, via email, no later than the next business day from discovery of the incident. The Contractor shall provide DOT/OIG a written report, including a police report in the case of theft or other suspected criminal activity, within

14 calendar days of the incident. The written report shall include video surveillance footage, if available.

11. EVIDENTIARY PROPERTY – LIABILITY

The Contractor shall maintain liability insurance adequate for primary property coverage.

If requested by DOT/OIG, the Contractor shall obtain additional property insurance, which will be billed to DOT/OIG equal to the Contractor’s cost.

12. MAINTENANCE

If requested by DOT/OIG, Contractor may provide initial services and periodic maintenance services for conveyances. Contractor may provide property management and maintenance for real property. Where necessary, Contractor will develop a proposed maintenance/management plan for review and approval by DOT/OIG.

13. PRICING

By the first day of September, the Contractor shall notify DOT/OIG of any increases or decreases in costs. The notice shall include the Contractor’s proposal for an adjustment in the contract prices to be negotiated, and shall include supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the

Contractor’s adjustment proposal. Promptly after DOT/OIG receives the notice and supporting data, the Government and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. The aggregate of the increases in any contract price shall not exceed 10 percent of the original price. There is no percentage limitation on the amount of decreases that may be made under this clause.

14. EXTENT OF OBLIGATION

The Government is obligated to the extent of authorized call orders actually made under the Blanket Purchase Agreement (BPA). This BPA does not obligate funds. Obligation of funds is done through each individual call order issued by DOT/OIG.

15. PACKAGING

a) Packaging and marking of all DOT/OIG evidentiary property shall be in accordance with the best commercial practice necessary to ensure safe and timely delivery at destination in accordance with the applicable security requirements. All packaging and marking of hazardous materials must comply with Federal Hazardous Materials

Regulations (49 CFR Parts 171-180).

b) All initial packing, marking and storage incidental to shipping of DOT/OIG evidentiary items to be provided under this BPA shall be made Freight on Board

Destination (FOB Destination) at the Contractor's expense. Such packing, supervision marking and storage costs shall not be billed to the Government. Supervision of packing and unpacking of initially acquired DOT/OIG evidentiary property shall be furnished by the Contractor.

c) All data and correspondence submitted to the Contracting Officer (CO) or the

Contracting Officer's (COR) shall reference the contract number and the name of the

Contract Specialist as appropriate. If the COR specifically request it, a copy of all correspondence sent to the COR by the Contractor shall also be provided to the

Government's CO.

16. MARKING

Packages shall be clearly marked as follows:

• Name of Contractor;

• Contract Number and Task Order Number as applicable; and

• Consignee's Name and Address.

17. INSPECTION AND ACCEPTANCE

a) Federal Acquisition Regulation (FAR)52.252-2 CLAUSES INCORPORATED BY

REFERENCE

This BPA 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 the full text available.

The clause(s) below are incorporated by reference:

FAR 52.246-4 Inspection of Services – Fixed Price (Aug 1996)

FAR 52.246-6 Inspection-Time-and Material and Labor-Hour (May 2001)

18. INSPECTION OF SERVICES

The Contracting Officer (CO), or their duly authorized representative, is authorized to perform inspection on behalf of the Government for the purpose of acceptance of all services to be provided. In this regard, the Government Contracting Officer's

Representative (COR) is an authorized technical representative of the Contracting

Officer.

The COR listed herein has been delegated authority to inspect and accept all services, reports and required deliverables or outputs for the base BPA. Final acceptance of all services under this contract shall be made in writing by the COR. The COR may coordinate with a local DOT/OIG agent(s) for purposes of inspection and acceptance, per a written statement. The Government shall, through the COR, review and accept all deliverables within 10 calendar days.

19. INSPECTION AND ACCEPTANCE

a) On an ongoing basis, DOT/OIG personnel shall conduct inspections of the contractor's work, primarily utilizing the method identified under this BPA and

Individual Calls orders issued against this contract vehicle.

b) DOT/OIG inspection and acceptance of services, reports and other required deliverables or outputs shall take place at the DOT/OIG’s site identified in the BPA award and Individual Call orders.

20. DELIVERIES OR PERFORMANCE

The FAR clause(s) below are hereby incorporated by reference:

52.242-15 Stop-Work Order (Aug 1989)

52.242-17 Government Delay of Work (Apr 1984)

52.247-34 F.o.b. Destination (Nov 1991)

21. PERIOD OF PERFORMANCE

a) The period of performance for ordering under this BPA shall be five (5) years from the date of issuance.

b) The Government may cancel the BPA at any time by notifying the Contractor at least

60 days in advance. BPA cancellation does not release the contractor from the duty to continue performance. Ongoing orders continue in accordance with their own period of performance, even if the BPA is cancelled.

c) Individual Call orders placed can extend up to 12 months beyond the BPA expiration date.

22. PLACE OF PERFORMANCE

a) The Contractor shall perform work offsite as described in this BPA and subsequent

Individual Call orders.

b) No locality differential payments are applicable to this BPA. Except in emergency situations identified as such by the cognizant Government Contracting Officer, work performed under this contract outside the Washington DC metropolitan area (beyond a 75-mile radius of the 1200 New Jersey Avenue S.E, Washington DC headquarters) shall be through a BPA Call.

c) Services performed under this BPA by the Contractor or any subcontractors on premises, under Government technical direction is subject to all provisions of this

BPA governing the following:

i. The Contractor agrees that this is a non-personal services contract shall not represent itself as an agent or partner of, or in joint venture with the Government; and that it shall neither supervise nor accept supervision from Government employees;

ii. The Contractor shall designate to the Contracting Officer, in writing, representative to serve as the point of contact for the Contracting

Officer and COR.

23. DELIVERABLES

Deliverables will be identified in Individual Call orders issued under this BPA. These may require established content, quality standards or delivery schedules, as needed.

24. CONTRACT ADMINISTRATION

a) The Contracting Officer for this contract (BPA) is:

XXXXXXXX Contracting Officer

Department of Transportation 1200 New Jersey Avenue, SE Washington DC

20590

Telephone: (202) 366-XXXX Email: XXXXXXX@dot.gov

b) Warranted Contracting Officer's within DOT Office of the Secretary are authorized to place Calls under this BPA for any amount up to the BPA individual Call Limit

($20,000.00).

c) Only the Contracting Officer has authority to:

i. Increase or decrease the BPA amount and direct or negotiate any changes, direct or negotiate any changes. The Contracting Officer is the only person that can modify or extend the period of performance, change the schedule of completion or authorize payment or otherwise modify any terms or conditions of the BPA.

25. CONTRACTING OFFICER'S REPRESENTATIVE (COR)

Transportation Acquisition Regulations (TAR) 1252.242-73 Contracting officer’s technical representative (Oct 1994)

a) The Contracting Officer may designate Government personnel to act as the

Contracting Officer's Representative (COR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract.

b) The Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

c) Upon award of individual Orders, a Contracting Officer's Representative (COR) shall be designated in writing to manage the technical aspects of the respective order. The

BPA COR is:

Jacquie Wente

Contracting Officer Representative Email: Jacquie.M.Wente@oig.dot.gov

U.S. Department of Transportation

1200 New Jersey Avenue, SE, 7th Floor

Washington DC 20590

Telephone: (312) 287-2196

26. TAR 1252.237-73 KEY PERSONNEL (NOV 2022)

a) The personnel as specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel, as appropriate.

b) Before removing, replacing, or diverting any of the specified individuals, the

Contractor shall notify the contracting officer, in writing, before the change becomes effective. The Contractor shall submit information to support the proposed action to enable the contracting officer to evaluate the potential impact of the change on the contract. The Contractor shall not remove or replace personnel under this contract until the Contracting Officer approves the change.

mailto:Jacquie.M.Wente@oig.dot.gov

c) The Main POCs under this BPA are:

XXXXXXXXXXXXXX

Tel: XXXXXXXXX

d) The Contractor's Program Manager shall be responsible for all contract administration issues and shall act as the central point of contact with the Government for all such issues. The representative shall have full authority to act for the contractor in all contractual matters. The representative shall be able to fluently read, write, and speak the English language. The Contractor's representative shall be contacted for all contract administration matters.

e) The Government has identified the key personnel above for management, administration, and technical responsibility functions of awarded BPA Call orders.

The Contractor's Program Manager shall supervisor contractor personnel, enforce work standards and schedules, review and correct work discrepancies, communicate policies to all Contractor subordinates, organize, direct, coordinate planning and execution of all assigned duties. The Program Manager shall be a single point of contract for the CO and the COR.

f) Key personnel identified shall be available as proposed for at least a one-year period unless they permanently leave the employment of the company. Unless otherwise agreed to in writing by the Contracting Officer, the Contractor shall be responsible for providing such personnel for performance of the term required. Failure to provide the personnel designated above may be considered nonperformance by the Contractor unless such failure is beyond the control, and through no fault or negligence of the

Contractor.

g) Contractor supplied personnel are e employees of the Contractor and under the administrative control and supervision of the Contractor. The Contractor, through its personnel, shall perform on individual BPA Calls awarded hereunder. The Contractor shall select, supervise, and exercise control and direction over its employees

(including subcontractors) under this BPA. The Government shall not exercise any supervision or control over the Contractor or assigned personnel in performance of contractual services under this BPA or individual Call orders.

h) The Contractor is accountable to the Government for the actions of its personnel.

27. TECHNICAL DIRECTION

a) The COR is not authorized to make any commitments or changes which constitute work not within the general scope of the resultant contract, or change the expressed terms and conditions incorporated into the contract, or which constitute a basis for increase in the contract amount or extension of the contract period of performance.

b) The COR may provide technical direction on contract performance. As used herein

"technical direction" is direction to the Contractor, which confirms the results of meetings, fills in details, requires pursuit of certain lines of inquiry, or otherwise serves to accomplish the contract SOW.

c) Technical direction shall be issued in writing by the COR or confirmed by him/her in writing within five (5) calendar days after verbal issuance.

d) The Contractor shall express its concurrence that any such technical direction is entirely within the scope of this contract and consistent with this provision by endorsing the written direction of the work so directed.

e) If the Contractor should, during the course of the contract, interpret any advice or comments from the Contracting Officer's Representative as constituting additions or revisions to the scope of the resultant contract, he/ she shall immediately notify the

Contracting Officer so as to obtain official confirmation and refrain from performing any work from such advice or comments until confirmed by the Contracting Officer.

f) Assure that the Contractor performs the technical requirements of the contract in accordance with the contract terms, conditions, and specifications.

g) Perform or cause to be performed, inspections necessary in connection with a) above and require the Contractor to correct all deficiencies; perform acceptance for the

Government.

h) Maintain all liaison and direct communications with the Contractor's task order manager. Written communications with the Contractor and documents shall be signed as "Contracting Officer's Representative" with a copy furnished to the Contracting

Officer.

i) Issue written interpretations of technical requirements of Government drawings, designs, and specifications.

j) Monitor the Contractor's production or performance progress and notify the

Contractor in writing of deficiencies observed during surveillance, and direct appropriate action for corrections. Record and report to the Contracting Officer incidents of faulty or nonconforming work, delays or problems.

k) Obtain necessary security clearance and appropriate identification if access to

Government facilities is required. If required, ensure that Government furnished property is available when required.

28. BPA CALL ORDER AWARD

The Contractor shall not commence work until authorized by the Contracting Officer through the issuance of a BPA Call order. Only warranted Contracting Officers within the

Department of Transportation with signatory authority to issue BPA Call Orders, within the limits of each Call, are authorized to place calls under this contract vehicle. All Calls placed under this BPA must have written approval from the COR prior to award.

29. BPA CALL ORDER EXTENSIONS (NON-FUNDED)

The Contracting Officer has the authority to extend the Contractor's performance under the BPA Call order beyond the estimated completion date set forth therein, provided that:

The approval is made in writing before the original estimated completion date of BPA

Call order and clearly states that the extension is at no additional cost to Call order; and

Performance shall not extend beyond the end of the period of performance as stated above under paragraphs 3 and 16, Period of Performance and Ordering Periods, for the period of performance during which the Call order is issued.

30. BPA CHANGES

The Government reserves the right to modify resource requirements as work, funding and changing conditions require. Proposed changes in support and applicable funding may occur at the discretion of the Government. Failure of the parties to reach a mutual agreement may be resolved pursuant to the Disputes clause of this contact or by unilateral withdrawal of the specified work by the Government and applicable funding reductions.

31. SUBMISSION OF VOUCHERS/INVOICES

The Contractor shall submit proper invoices on a monthly basis for payment including one (1) original and two (2) copies of each invoice submitted·. All invoices shall be submitted to the payment office indicated on each BPA Call order. Generally, this will be the COR's office and DOT's Oklahoma City payment-processing center.

Invoices shall contain the information required by FAR 52.232-25, Prompt Payment, including the BPA award number and any applicable line-item numbers (CLINs).

The Contractor shall submit invoices to:

FAA/MMAC/OIG - AMK- 313

Accounts Payable Branch 6500 S. MacArthur Blvd Oklahoma City, OK 73169

Or via email: 9-AMC-AMZ-OIG-Invoices@faa.gov

NOTE: Individual Call orders awarded by Operating Administrations will provide additional invoicing instructions.

SPECIAL REQUIREMENTS

32. DISCLOSURE OF INFORMATION

Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of the contract. In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and shall ensure that all work performed by its subcontractors shall be under the supervision of-the

Contractor or the Contractor's responsible employees.

Each officer or employee of the Contractor or any of its subcontractors to whom any

Government record may be made available or disclosed shall be notified in writing by the

Contractor that information disclosed to such officer or employee can be used only for that purpose and to the extent authorized herein. Further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. §§ 1030.

33. CONTRACTOR FURNISHED PROPERTY/ITEMS

Contractor furnished property required for the performance of the BPA shall be identified in each individual BPA Call order.

34. CONFIDENTIALITY

The Contractor shall have access to confidential information as determined by the COR to the extent necessary to carry out their responsibilities established under this BPA and subsequent BPA Call orders. Such confidential information shall, at all times, remain the property of the Federal Government. The Contractor shall preserve the confidentiality of any data or information disclosed or furnished by the Government or its agent, and shall maintain procedures for safeguarding such confidential information.

The Contractor shall accept responsibility for providing adequate supervision and training to its agents, employees and any approved Contractors and subcontractors to ensure compliance with the requirements in this contract agreement.

35. FAR 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 these addresses: https://www.acquisition.gov/?q=browsefar

52.202-1 Definitions (Jun 2020)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant against Contingent Fees (May 2014)

52.203-7 Anti-Kickback Procedures (Jun 2020)

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

2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

(Jun 2020)

52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021)

52.203-14 Display of Hotline Poster(s) (Nov 2021)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform employees of Whistleblower Rights (Jun 2020)

52.204-2 Security Requirements (Aug 1996)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content

Paper Paper (May 2011)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards (Jun 2020)

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

Contractors Debarred, Suspended, or Proposed for Debarment

(Nov 2021)

52.215-2 Audit and Records - Negotiation (Jun 2020)

52.215-19 Notifications of Ownership Changes (Oct 1997)

52.216-24 Limitations of Government Liability (Apr 1984)

52.216-25 Contract Definitization (Oct 2010)

52.219-14 Limitations on Subcontracting (Oct 2022)

52.222-3 Convict Labor (Jun 2003)

52.222-17 Non-displacement of Qualified Workers (Jan 2013)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sep 2016)

52.222-35 Equal Opportunity for Veterans (Jun 2020)

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

52.222-37 Employment Reports on Veterans (Jun 2020)

52.222-50 Combating Trafficking in Persons (Nov 2021)

52.222-54 Employment Eligibility Verification (May 2022)

52.223-1 Biobased Product Certification (MAY 2012)

52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts (Sept 2013)

52.223-3 Hazardous Material Identification and Material Safety Data (Feb

2021)

52.223-4 Recovered Material Certification (May 2008)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.223-6 Drug-Free Workplace (May 2001)

52.223-9 Estimate of Percentage of Recovered Material Content for EPA

Designated Items (May 2008)

52.223-10 Waste Reduction Program (May 2011)

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

52.223-16 Acquisition of EPEAT®-Registered Personal Computer Products

(Oct 2015)

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

Construction Contracts (Aug 2018)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving (Jun 2020)

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

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran – Representations and

Certifications (Jun 2020)

52.227-1 Authorization and Consent (Jun 2020)

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

52.232-1 Payments (Apr 1984)

52.232-7 Payments under Time-and-Material and Labor-Hour Contracts

(Nov 2021)

52.232-8 Discounts for Prompt Payment (Feb 2002)

52.232-9 Limitation on Withholding of Payments (Apr 1984)

52.232-17 Interest (May 2014)

52.232-18 Availability of Funds (Apr 1984)

52.232-22 Limitation of Funds (Apr 1984)

52.232-23 Assignment of Claims (May 2014)

52.232-25 Prompt Payment (Jan 2017)

52.232-33 Payment by Electronic Funds Transfer-System for Award

Management (Oct 2018)

52.232-39 Unenforceability of Unauthorized obligations (Jun 2013)

52.233-1 Disputes (May 2014)

52.233-3 Protest after Award (Aug 1996) - Alt I (Aug 1996)

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

52.237-2 Protection of Government Buildings, Equipment, and Vegetation

(Apr 1984)

52.242-13 Bankruptcy (Jul 1995)

52.243-2 Changes-Cost-Reimbursement (Aug 1987)

52.243-3 Changes-Time-and-Materials or Labor-Hours (Sept 2000)

52.243-7 Notification of Changes (Jan 2017)

52.244-6 Subcontracts for Commercial Products and Commercial Services

(Jun 2023)

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

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

(Apr 2012)

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

52.252-6 Authorized Deviations in Clauses (Nov 2020)

52.253-1 Computer Generated Forms (Jan 1991)

36. FEDERAL ACQUISITION REGULATION CLAUSES PROVIDED

IN FULL TEXT

This contract incorporates the following Federal Acquisition Regulation Clauses provided in full text:

27.1.1 FAR 52.216-18 ORDERING (Aug 2020)

a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through September 30, 2022.

b) All BPA Call orders are subject to the terms and conditions of this parent BPA award.

In the event of conflict between a Call order and this BPA agreement, the BPA

Award document shall control.

c) If mailed, a BPA Call order is considered "issued" when the Government deposits the order in the mail. Call orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized by the Contracting Officer in the Schedule.

27.1.2 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

b) Maximum order. The Contractor is not obligated to honor--

i. Any order for a single item in excess of $25,000.00 per call order;

ii. Any order for a combination of items in excess of $150,000.00; or

iii. A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (b)(l) or (2) of this section.

c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

27.1.3 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The

Government shall order at least the quantity of supplies or services designated in the

Schedule as the “minimum."

c) Except for any limitations on quantities in the Order Limitations clause or in the

Schedule, there is no limit on the number of orders that may be issued. The

Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

d) Any call order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract 12 months beyond the BPA expiration date.

27.1.4 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of the end of the performance period.

27.1.6 FAR 52.222-37 -- EMPLOYMENT REPORTS ON VETERANS (Jun 2020)

a) Definitions. As used in this clause, "active duty wartime or campaign badge veteran,"

"Armed Forces service medal veteran," "disabled veteran," "protected veteran," and

"recently separated veteran," have the meanings given in FAR 22.1301.

b) Unless the Contractor is a State or local government agency, the Contractor shall report at least annually, as required by the Secretary of Labor, on—

i. The total number of employees in the contractor's workforce, by job category and hiring location, who are protected veterans (i.e., active duty wartime or campaign badge veterans, Armed Forces service medal veterans, disabled veterans, and recently separated veterans);

ii. The total number of new employees hired during the period covered by the report, and of the total, the number of protected veterans (i.e., active duty wartime or campaign badge veterans, Armed Forces service medal veterans, disabled veterans, and recently separated veterans); and

iii. The maximum number and minimum number of employees of the Contractor or subcontractor at each hiring location during the period covered by the report.

iv. The Contractor shall report the above items by filing the VETS-4212 "Federal

Contractor Veterans' Employment Report'' (see "VETS-4212 Feder al

Contractor Reporting" and "Filing Your VETS-4212 Report'' at http://www.dol.gov/vets/vets4212.htm).

v. The Contractor shall file VETS-4212 Reports no later than September 30 of each year.

vi. The employment activity report required by paragraphs (b)(2) and (b)(3) of this clause shall reflect total new hires, and maximum and minimum number of employees, during the most recent 12-month period preceding the ending date selected for the report. Contractors may select an ending date—

1. As of the end of any pay period between July 1 and August 31 of the year the report is due; or

2. As of December 31, if the Contractor has prior written approval from the Equal Employment Opportunity

Commission to do so for purposes of submitting the Employer

Information Report EE0-1 (Standard Form 100).

vii. The number of veterans reported must be based on data known to the contractor when completing the VETS-4212. The contractor's knowledge of veterans status may be obtained in a variety of ways, including an invitation to applicants to self-identify (in accordance with 41 CFR 60-300.42), voluntary self-disclosure by employees, or actual knowledge of veteran status by the contractor. This paragraph does not relieve an employer of liability for discrimination under 38 U.S.C. 4212.

viii. The Contractor shall insert the terms of this clause in subcontracts of

$150,000 or more unless exempted by rules, regulations, or orders of the

Secretary of Labor.

(End of Clause)

37. DEPARTMENT OF TRANSPORTATION (DOT) CLAUSES INCORPORATED BY

REFERENCE

This contract incorporates the following Transportation Acquisition Regulation clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available.

TAR 1252.223-71 Accident and Fire Reporting (Nov 2022)

TAR 1252.223-73 Seat Belt Use Policies and Programs (Nov 2022)

TAR 1252.242-71 Contractor Testimony (Nov 2022)

TAR 1252.242-72 Dissemination of Contract Information (Nov 2022)

38. ATTACHMENTS

Description of Services & Pricing Price Schedule list of services.