A23_Solicitation_posted_on_FBO_14July2017.pdf

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Mechanical PMs, Pentagon
Solicitation number
HQ003417R0070
Issued by

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Mechanical PMs, Pentagon Solicitation Package posted to FBO on 14 July 2017: -Site Visit scheduled for 27 July 2017 (RSVP required by deadline in FAR clause 52.236-27); -RFIs due by 31 July 2017 (by 12:00 Noon Eastern time); -Proposals due by 14 August 2017 (by 2:00 p.m. Eastern time); -Review solicitation package thoroughly before submitting RFIs; and -POCs are Contract Specialist Roya Sterner at roya.m.sterner.civ@mail.mil and Contracting Officer Mr. Corey Forshee at corey.v.forshee.civ@mail.mil.

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CODE

(Hour)

PAGE(S)

until 02:00 PM local time 14 Aug 2017

X

A X B

C D

EX

X G F 37 - 42

43 - 50 X H 51 - 57 roy a.m.sterner .civ@mail.m il

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

P revious Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

P rescribed by GSA FAR (48 CFR) 53.214(c)

1 57

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

HQ0034 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 4 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

ROYA M. STERNER 703-545-3515

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 6

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 9 - 11 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 12 - 17 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

18 - 35

PART II - CONTRACT CLAUSES

WHS - ACQUISITION DIRECTORATE

1225 SOUTH CLARK ST, SUITE 1202

ARLINGTON VA 22202-3909

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "off er" and "of fer or" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

14 Jul 2017

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

HQ003417R0070

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 12 Months Preventive Maintenance Mechanical System

FFP

Base Period: 30 September 2017 to 29 September 2018. The contractor shall incorporate all activities associated with the maintenance and repairs of the Mechanical Equipment and related Systems per the PWS. The Service Contract Labor Standards (formerly known as the Service Contract Act of 1965) will apply to this work.

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 2,000,000 Each Corrective Maintenance Repairs

FFP

Base Period Indefinite-Delivery Indefinite-Quantity (IDIQ) repairs defined as maintenance, repair, and alteration work requirements beyond the scope of the services performed under the CLIN 0001 of the contract. Major repair work is included under this IDIQ portion of the contract in accordance with Section C 8.0.

The Wage Rate Requirements (Construction), formerly known as the Davis- Bacon Act, will apply to this work.

UNIT UNIT PRICE MAX AMOUNT

1001 12 Months OPTION Preventive Maintenance Mechanical System

FFP

Option Year 1 (OY1): 30 September 2018 to 29 September 2019. The contractor shall incorporate all activities associated with the maintenance and repairs of the Mechanical Equipment and related Systems per the PWS. The Service Contract

UNIT UNIT PRICE MAX AMOUNT

1002 2,000,000 Each OPTION Corrective Maintenance Repairs

FFP

OY1 IDIQ repairs defined as maintenance, repair, and alteration work requirements beyond the scope of the services performed under the CLIN 1001 of the contract. Major repair work is included under this IDIQ portion of the contract in accordance with Section C 8.0. The Wage Rate Requirements (Construction), formerly known as the Davis-Bacon Act, will apply to this work.

UNIT UNIT PRICE MAX AMOUNT

2001 12 Months OPTION Preventive Maintenance Mechanical System

FFP

Option Year 2 (OY2): 30 September 2019 to 29 September 2020. The contractor shall incorporate all activities associated with the maintenance and repairs of the Mechanical Equipment and related Systems per the PWS. The Service Contract

UNIT UNIT PRICE MAX AMOUNT

2002 2,000,000 Each OPTION Corrective Maintenance Repairs

FFP

OY2 IDIQ repairs defined as maintenance, repair, and alteration work requirements beyond the scope of the services performed under the CLIN 2001 of the contract. Major repair work is included under this IDIQ portion of the

UNIT UNIT PRICE MAX AMOUNT

3001 12 Months OPTION Preventive Maintenance Mechanical System

FFP

Option Year 3 (OY3): 30 September 2020 to 29 September 2021. The contractor shall incorporate all activities associated with the maintenance and repairs of the Mechanical Equipment and related Systems per the PWS. The Service Contract

UNIT UNIT PRICE MAX AMOUNT

3002 2,000,000 Each OPTION Corrective Maintenance Repairs

FFP

OY3 IDIQ repairs defined as maintenance, repair, and alteration work requirements beyond the scope of the services performed under the CLIN 3001 of the contract. Major repair work is included under this IDIQ portion of the

UNIT UNIT PRICE MAX AMOUNT

4001 12 Months OPTION Preventive Maintenance Mechanical System

FFP

Option Year 4 (OY4): 30 September 2021 to 29 September 2022. The contractor shall incorporate all activities associated with the maintenance and repairs of the Mechanical Equipment and related Systems per the PWS. The Service Contract

UNIT UNIT PRICE MAX AMOUNT

4002 2,000,000 Each OPTION Corrective Maintenance Repairs

FFP

OY4 IDIQ repairs defined as maintenance, repair, and alteration work requirements beyond the scope of the services performed under the CLIN 4001 of the contract. Major repair work is included under this IDIQ portion of the

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 30-SEP-2017 TO

29-SEP-2018

N/A PBMO - O&M

JOO H. IM

1155 DEFENSE PENTAGON ROOM 1E256

WASHINGTON DC 20301

703-692-2874 FOB: Destination

HQ0015

0002 POP 30-SEP-2017 TO

29-SEP-2018

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 30-SEP-2018 TO

29-SEP-2019

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 30-SEP-2018 TO

29-SEP-2019

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 30-SEP-2019 TO

29-SEP-2020

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 30-SEP-2019 TO

29-SEP-2020

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 30-SEP-2020 TO

29-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 30-SEP-2020 TO

29-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 30-SEP-2021 TO

29-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 30-SEP-2021 TO

29-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

52.242-15 Stop-Work Order AUG 1989 252.247-7023 Transportation of Supplies by Sea APR 2014

Section G - Contract Administration Data

252.204-0001 Line Item Specific: Single Funding SEP 2009 252.204-0006 Line Item Specific: Proration SEP 2009 252.204-0011 Contract-wide: Proration SEP 2009 252.204-7006 Billing Instructions OCT 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: TBD

(1) Document type. The Contractor shall use the following document type(s).

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC ____ Issue By DoDAAC ____ Admin DoDAAC ____ Inspect By DoDAAC ____ Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) ____ Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

This information will be provided after award in the funding task order.

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

This information will be provided after award in the funding task order.

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

Section H - Special Contract Requirements

SPECIAL INSTRUCTIONS

H-1 DOD BUILDING PASS ISSUANCE

a. All personnel employed by a civilian commercial firm to perform work whose activity at any time requires passage into Government-occupied portions of the Pentagon or any other DoD facility on or off the Pentagon Reservation, shall be required to obtain a Temporary Department of Defense (DoD) Building Pass/Access Card.

b. The Contractor shall be responsible for having each employee requiring a Temporary DoD Building Pass/Access Card prepare the necessary applications, advising personnel of their obligations, filing the applications with the Contracting Officer (CO), maintaining personnel files and re-filing applications for personnel in the event that clearances must later be extended. Personnel requiring a Temporary DOD Building Pass/Access Card must be either a citizen of the United States of America (USA) or a foreign national authorized to work in the USA under federal immigration and naturalization laws.

c. The Government will issue DoD building passes to eligible persons upon the completion of a National Criminal Information Check (NCIC) or National Agency Check (NAC). This is a search of the nationwide computerized information system established as a service to all criminal justice agencies. Processing of completed applications for initial pass issuance or renewal of existing passes will require three to five working days.

H-2 CONTRACTOR ACCESS TO DOD INFORMATION TECHNOLOGY SYSTEMS

a. Prime and Sub-Contactor personnel that require access to DOD Information Technology Systems shall be required to obtain DOD Common Access Card (CAC) which will be provided by the Government only after a DOD Building Pass has been issued.

b. The Prime Contractor, through the Contracting Officer Representative (COR), shall submit each individual that requires a CAC on the application form to be provided by the Security Office. Upon receipt of the application, a Contractor Verification System (CVS) account will be established for the individual. The individual will receive a User Name and Temporary Password from the Security Office, at which time they have 5 calendar days to log into the CVS and complete the application. Upon submission of the completed application, the Security Office will approve, and the individual will be notified and the badge may be issued at the Pentagon Force Protection Agency Access Control Office, located at the Metro Entrance Facility, the Pentagon.

H-3 CONTRACTOR PARKING ON THE PENTAGON RESERVATION

a. Parking on the Pentagon Reservation & Mark Center is by permit only, and illegally parked and/or unregistered vehicles shall be towed at the owner’s expense. Except as specifically authorized by the COR, contractor and subcontractor personnel may not be issued parking permits. However, the Government will use its best efforts to provide parking for a percentage of contractor employees that drive.

b. Specific personal and commercial vehicle/truck parking for facilities other than Pentagon Reservation shall be defined per task order.

H-4 COMMUNICATIONS MONITORING

a. All communications with DOD organizations are subject to communications security (COMSEC) review.

Contractor personnel will be aware telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. The DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations. Therefore, civilian contractor personnel are advised any time they place a call to, or receive a call from, a DOD organization, they are subject to COMSEC procedures. The contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with DOD information.

H-5 COMPLIANCE WITH PENTAGON REGULATIONS-Contractor and Subcontractor Conduct The site of the work is on a Federal Reservation Complex and the Contractor shall observe rules and regulations issued by the Director, Washington Headquarters Service (WHS) covering general safety, security, sanitary requirements, pollution and noise control, traffic regulations and parking. Information regarding requirements may be obtained by contacting the CO, who will provide such information or assist in obtaining it from the appropriate authorities.

All contractor personnel must adhere to highest standards of personal conduct including, but not limited to, the standards of conduct for the Pentagon Reservation in 32 CFR Part 234. The contractor is responsible for maintaining satisfactory standards of employee competency, conduct, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary to ensure satisfactory contract performance and the highest standards of personal conduct. In the event the contractor fails to remove any employee from the contract work whom the CO or the CO’s designated representative deems incompetent, careless, insubordinate, unfit, objectionable or whose continued employment on the work is deemed by the Government to be inimical to the Government’s mission, the CO or the CO’s designated representative may, in writing, require the contractor to remove the employee from work under this contract.

This contract incorporates 32 CFR 234, "Conduct on the Pentagon Reservation." Any contractor employee that violates the standards of conduct proscribed by 32 CFR 234 shall be deemed unfit and otherwise objectionable under paragraph (a) of this provision and may be subject to removal from the contract work.

This provision applies to all subcontractors or vendors of any tier utilized by contractor to perform the work. The contractor is responsible for incorporating this provision in all subcontracts or other contracts awarded by contractor to perform the work. For purposes of this provision, the terms "employee" or "contractor employee" includes all contractor, subcontractor or vendor employees of any tier utilized by contractor to perform the work.

H-6 UTILITY SERVICES

a. Utility Services furnished to the Contractor by the Government from the Government’s existing system outlets and/or supplies will be at no cost to the contractor. (See FAR Clause 52.236-14, Availability and Use of Utility Services.)

b. The Contractor shall make his/her own arrangements for services and coordinate with the Inspector any requirements that would cause a disruption in the electrical or water supply. NOTE: all disruption of services concerning electrical or water supply must be coordinated with the inspector and scheduled by the inspector prior to disconnection.

H-7 IDENTIFICATION OF EMPLOYEES & IDENTIFICATION OF WRITTEN MATERIAL

All contractor and subcontractor personnel attending meetings, answering Government telephones, and/or working in the field shall identify themselves as such to avoid creating an impression that they are Government officials.

Additionally, contractor and subcontractor personnel shall appropriately identify themselves as contractor employees in formal and informal written correspondence.

H-8 WORK STOPPAGES FOR OFFICIAL CEREMONIES

a. The Contractor shall provide for work stoppages as required for official ceremonies. A schedule of known ceremonies can be obtained from the COR. The Contractor shall provide for lost time equivalent to a total of 4 days per contract year (8 hour days or 32 total hours) of work stoppages at no additional cost to the Government due to this requirement.

b. The contractor must notify the CO and COR in writing, within 48 hours of event, each time it believes its work has been stopped for official ceremonies, the reasons for stopping the work, the specific work that was stopped and the length of the stoppage. Contractor waives any rights for the stoppage if it fails to give the required notice.

H-9 DELIVERIES

a. All deliveries, if needed, are required to be scheduled by the contractor shall be processed through the Pentagon Remote Delivery Facility (RDF) site through coordination with the CO and COR. The following information must be submitted to the COR or designated security representative 72 hours minimum prior to scheduled delivery:

(1) Name of driver & passenger (if any)

(2) Name of company

(3) State of vehicle registration and license number

(4) Contents of delivery

b. Security personnel staff the RDF from 5:00 AM until 5:00 PM (M-F). Arrangements can be made for deliveries outside of the hours by coordinating with the COR.

H-10 WORK BY OTHER CONTRACTORS

The Government has awarded and will award other contracts for similar and specialized work, which is outside the scope of this contract or outside the scope of the awarded options. These contracts will involve additional work at or near the site of the work under this contract. The contractor shall fully coordinate its work with the work of other Government contractors (hereafter called OGCs) and with the COR. The Contractor shall carefully adapt its schedule and performance of the work under this contract to accommodate the work of the OGCs, and shall take coordination direction from the COR. The OGCs will be placed under similar contracting conditions regarding coordination. The Contractor shall make every reasonable effort to avoid interference with the performance of work by the OGCs, as scheduled by the OGCs or the COR. Disputes will be resolved under the terms of the contract and settled by the CO. The Government will provide as much advanced notification as possible.

H-11 LOCAL INSURANCE

a. In accordance with the contract clause entitled “Insurance—Work on a Government Installation”, FAR 52.228-5, the Contractor shall procure and maintain during the entire period of its performance under this contract, as a minimum, the following insurance:

Type Amount Comprehensive General Liability Bodily Injury or Death $500,000.00 per occurrence

Motor Vehicle Liability (for each vehicle):

Bodily Injury or Death

$200,000.00 per person / $500,000.00 per occurrence

Property Damage/ Worker’s Compensation & Employer’s Liability

$20,000.00 per occurrence/ $100,000.00 per person

b. Worker’s Compensation and Employer’s Liability: Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so co-mingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

c. Prior to the commencement of work hereunder, the Contractor shall furnish to the CO a certificate of written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation, or any material change in policies adversely affecting the interests of the Government in such insurance, shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the CO. The Contractor agrees to insert the substance of this clause, including this paragraph, in all subcontracts hereunder.

H-12 GOVERNMENT RIGHTS IN DATA

The contractor transfers to the Government sole ownership of all rights to any work product or deliverable, including, without limitation, designs, reports, analyses or processes (collectively "work product") produced or prepared by the contractor or its subcontractors in performance of the contractor's responsibilities under this contract. This includes the unlimited right, without additional compensation to contractor, to use, disclose, reproduce, prepare derivative works, or distribute copies of the work product to the public, other contractors or Government agencies, and perform and display publicly, in any manner and for any purpose, and to have or permit others to do so. Examples of permissible uses include: providing the work product to another contractor or government agency, distributing the work product to the general public, or posting work product to a public web site. The contractor shall incorporate this provision in all subcontracts issued by contractor to perform work under this contract.

H-13 TASK ORDER PROCEDURES

The following information provides the process that will be used to issue task orders under this contract. The contractor is reminded that only the CO is authorized to request proposals and to task the contractor.

STEP 1 – Issuance of Request for Proposal (RFP) The CO will submit an RFP to the contractor via email. At a minimum, the RFP will consist of a Performance Work Statement (PWS). The PWS will contain:

1) Generic Scope of Work

2) Assumed Level of Effort

3) Stated Period of Performance

4) Innovation Efforts, if required

5) Performance objectives, i.e., required results

6) Any operating constraints and/or deliverables

7) Points of contact for the CO and the Contracting Officer’s Representative (COR).

As part of the RFP package, the Government may also provide any of the following information on an as-needed basis: diagrams, charts, pictures, required material specifications, et cetera.

STEP 2 – Contractor submits task order proposal Price Proposal: The price proposal shall utilize the contractor’s approved labor categories and rates to form the basis of a firm fixed price. For labor, material, equipment, innovation, etc. that is not represented by the approved labor categories and rates (hereafter referred to as non-prepriced items, or NPIs), the contractor shall follow these procedures:

1) The contractor shall justify the use of NPIs.

2) When NPIs are proposed, the contractor shall consider solicitation of at least three (3) sources to promote competition to the maximum extent practicable.

3) In the event where obtaining three competitive quotes is not practicable (i.e. market availability, sole source environment, NPI total price is equal to or less than $3,500), request quotes or offers from two sources not included in the previous solicitation for same/similar item. In addition, submit explanation as to why three quotes were unobtainable.

4) Although NPIs will be negotiated, this shall NOT be construed to include elements of work which are incidental to or customarily required for performance of a priced item of work.

STEP 3 – Government reviews proposal The Government will review the contractor’s proposal package. This step may involve communication and/or clarification between the Government and the contractor.

If the Government accepts the contractor’s proposal: The CO will issue a task order for the contractor’s review and signature. If the contractor discovers ambiguities, mistakes, or inconsistencies made by the Government, the contractor shall notify CO immediately and request any applicable changes. In the absence of such request, the contractor signs the task order, indicating the signatory’s acceptance of all terms and conditions of the task order. Once the contractor submits the signed copy of the task order, the CO will then sign the task order, thereby legally binding the Government into a contractual relationship with the contractor under the terms and conditions of the contract.

If the Government does NOT accept the Contractor’s Proposal: The CO will submit its comments and/or requested changes to the proposal for the contractor’s review. Proceed to Step 4.

STEP 4 – Contractor reviews the Government’s comments and/or requested changes.

STEP 5 – Contractor submits revised proposal If the contractor accepts all or some of the requested changes, the contractor shall submit a revised proposal reflecting those changes. For requested changes not accepted by the contractor, the contractor shall indicate the reason why those changes were not accepted in its revised proposal.

STEP 6 – Government reviews revised proposal If the Government accepts the contractor’s proposal, the CO will issue a task order utilizing the procedures under Step 5, above.

STEP 7 – Negotiation through discussions The purpose of this step is to establish concurrence between the Government and the contractor regarding issues could not be resolved in the prior steps. The CO will establish a time, location, and the method of the discussion meeting. The CO will determine the required participants for the Government and the contractor. The contractor may request additional or substitute attendees for the meeting, subject to the approval of the CO. If consensus is achieved through discussions: The CO will issue a task order utilizing the procedures under Step 5, above.

If consensus is NOT achieved through discussions: The Government will reject the Contractor’s proposal.

At this point, the Government may either procure the required services through other sources/methods or unilaterally issue a task order to the contractor for performance.

Undefinitized contract action tracking. In the event of an emergency, direction from the Government may be given to perform work prior to the negotiation of a task order. The contractor agrees to follow the Government’s direction to perform without an order in place. During the period after an emergency authorization to begin work and prior to the establishment of a task order for the work the following requirements apply:

- A daily accounting of all labor, equipment and materials, shall be maintained and presented to the COR or Alternate COR (ACOR) for “Acceptance” on a daily basis.

- The information presented is subject to 100 percent verification by the COR/ACOR.

- Any invoicing that does not include documented acceptance will not be paid by the Government.

END OF SECTION H SPECIAL INSTRUCTIONS

252.223-9000 ASBESTOS-FREE WAR

WHS/AD LOCAL CLAUSE: ASBESTOS-FREE WARRANTY (MAR 2015)

(a) The Contractor warrants that all work performed and items delivered or installed under this contract shall not contain asbestos in any form or quantity whatsoever.

(b) The Contractor may request the Contracting Officer to approve an exception to this prohibition when an asbestos-free product is not available or installation of the materials containing asbestos is in the Government's best interests. Such requests shall be fully documented and submitted as soon as possible after the contractor determines that an asbestos-free product is not available. Contracting Officer disapproval of a request for an exception shall be final and not subject to the Disputes clause of this contract.

(end of clause)

252.237-9000 MANPOWER REPORT

252.237-9000 WHS/AD LOCAL CLAUSE: MANDATORY CONTRACTOR MANPOWER

REPORTING (MAR 2015)

(a) The Contractor will report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The contractor is required to fill in all required data fields using these web address: https://dodcmra.hqda.pentagon.mil/.

(b) There are four separate ECMRA tools at the ECMRA website: Army, Air Force, Navy and All Other Defense Components. The ECMRA reporting tool to use is determined by the requiring activity being supported by the service. The Contractor will use the “All Other Defense Components” tool unless otherwise directed by the Contracting Officer’s Representative or Contracting Officer.

(c) The reports will be files for each fiscal year (October 1 through September 30). While inputs may be reported any time during the FY, all data will be reported by October 31 of each calendar year. The Contractor will fill in all required data fields. The Contractor will enter initial data into the ECMRA tool to establish the basic contract record by 15 business days after receipt of contract award or contract modification incorporating this clause. The contractor will notify the Contracting Officer when the basic contract record has been established in the ECMRA tool.

(d) Contractors may direct technical questions to the help desk at: http://www.ecmra.mil. [Reference: DPAP memorandum of 28 November 2012, “Enterprise-wide Contractor Manpower Reporting Application.”]

Section I - Contract Clauses

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 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 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

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

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2016 52.210-1 Market Research APR 2011 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-19 Notification of Ownership Changes OCT 1997 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.227-1 Authorization and Consent DEC 2007 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013

52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.236-14 Availability and Use of Utility Services APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.243-7 Notification Of Changes JAN 2017 52.244-2 Subcontracts OCT 2010 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items JAN 2017 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 & Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.215-7000 Pricing Adjustments DEC 2012 252.219-7003 (Dev) Small Business Subcontracting Plan (DOD Contracts)--Basic

(Deviation 2016-O0009)

AUG 2016

252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Dec 2016)

DEC 2016

252.225-7013 Duty-Free Entry--Basic (May 2016) MAY 2016 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7023 Continuation of Essential Contractor Services OCT 2010 252.237-7024 Notice of Continuation of Essential Contractor Services. OCT 2010 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.244-7001 Contractor Purchasing System Administration MAY 2014

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations

OCT 2010

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this…

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