HRP_Solicitation_Amendment_2.pdf

HQ003419R0019

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to provide the follow ing information:

1) All CLINs have been updated.

2) Attachment 3 - Revised Performance Work Statement (PWS) w ith tracked changes is attached.

3) Attachment 4 - Revised Performance Work Statement (PWS) w ithout tracked changes is attached.

4) Section H-11(e) has been updated.

5) The follow ing sections of Section L have been added and/or updated: L1.10, L2.1, L2.3, L3.2.1, L3.2.3 (A), L3.3.1 (c)

6) The follow ing sections of Section M have been updated: M1.0, M8.2, and M8.3.

7) Attachment L4 - Pricing Template has been updated.

8) Attachment L6 - Temporary Parking Application has been added.

9) Attachment L7 - NCIC Background Check/HRP Visitor Access Roster Request has been added.

10) Attachment 5 - Look Ahead SOP has been added.

SEE SUMMARY OF CHANGES.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 33

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

16C. DATE SIGNED

BY 21-Feb-2019

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X HQ003419R0019

X 9B. DATED (SEE ITEM 11)

13-Dec-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offer 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 telegram 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 telegram or letter, provided each telegram or letter 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 NO. AS DESCRIBED IN ITEM 14.

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

CONTRACT ORDER NO. 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.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

21-Feb-2019

CODE

WHS - ACQUISITION DIRECTORATE

4800 MARK CENTER DRIVE, SUITE 09F09

ALEXANDRIA VA 22350

HQ0034 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has changed from:

Labor (Contract Management) - The contractor shall perform all services in accordance with the attached PWS.

To:

attached PWS. This FFP CLIN includes on-site key personnel. The on-site key personnel to be furnished under this CLIN are identified in PWS Section 6. The costs for the on-site key personnel shall NOT be included in any other CLIN or included in any task order issued under other CLINs. The total FFP for on-site key personnel is expressly limited to the amount set forth in this CLIN including all off hours work. The identified key personnel shall be included in the work performed under CLINs 0002-0004 but not separately charged under CLINs 0002-0004.

CLIN 0002

Preventative Maintenance - The contractor shall perform all services in accordance with the attached PWS. The costs for all preventative maintenance shall be approved by the COR prior to the performance of work.

Preventative Maintenance and Service Calls Less than $2,000 (FFP) - The contractor shall perform all services in accordance with the attached PWS. This FFP CLIN includes the cost of all preventative maintenance as recommended by the equipment manufacturers or proposed by the contractor and service calls other than preventative maintenance with a cost of less than $2,000.00 exclusive of the costs captured in CLIN 0001. All preventative maintenance costs and service calls less than $2,000.00 shall be included in the firm-fixed price in Contract Line Item (CLIN 0002). All preventative maintenance and service calls less than $2,000.00 shall be approved by the COR prior to the performance of the preventative maintenance or service call.

CLIN 0003

The IDC type has changed from N/A to Indefinite Quantity.

The CLIN description has changed from Service Calls to Major Repairs - IDIQ.

The CLIN extended description has changed from:

Service Calls - The contractor shall perform all services in accordance with the attached PWS.

The costs for all service calls shall be approved by the COR prior to the performance of work.

Major Repairs - Indefinite-Delivery Indefinite-Quantity (IDIQ) major repairs defined as corrective maintenance, repairs or service calls in accordance with the attached PWS for a cost of $2,000.00 or more exclusive of the costs recovered in CLIN 0001 shall be performed under task orders separately agreed to by the contractor and Government. These costs are not included in the FFP CLINs 0001 and 0002 but will be separately priced and paid for on a "per task order" basis.

The cost constraint NTE has been added.

CLIN 0004

The CLIN description has changed from Replacements, Modifications, & Upgrades to System Modifications and Upgrades - IDIQ.

The CLIN extended description has changed from:

Replacements, Modifications, & Upgrades - The contractor shall perform all services in accordance with the attached PWS. The costs for replacements, modifications, & upgrades shall be approved by the COR prior to the performance of work.

System Modifications and Upgrades - Indefinite-Delivery Indefinite-Quantity repairs defined as modifications, renovations, and upgrades in accordance with the attached PWS and a value of $2,000.00 or more shall be performed under task orders separately agreed to by the contractor and Government. These costs are not included in the FFP CLINs 0001 and 0002 but will be separately priced and paid for on a "per task order" basis.

CLIN 1001

Labor Support - The contractor shall perform all services in accordance with the attached PWS.

attached PWS. This FFP CLIN includes on-site key personnel. The on-site key personnel to be furnished under this CLIN are identified in PWS Section 6. The costs for the on-site key personnel shall NOT be included in any other CLIN or included in any task order issued under other CLINs. The total FFP for on-site key personnel is expressly limited to the amount set forth in this CLIN including all off hours work. The identified key personnel shall be included in the work performed under CLINs 1002-1004 but not separately charged under CLINs 1002-1004.

CLIN 1002

Preventative Maintenance - The contractor shall perform all services in accordance with the perform all services in accordance with the attached PWS. This FFP CLIN includes the cost of all preventative maintenance as recommended by the equipment manufacturers or proposed by the contractor and service calls other than preventative maintenance with a cost of less than $2,000.00 exclusive of the costs captured in CLIN 1001. All preventative maintenance costs and service calls less than $2,000.00 shall be included in the firm-fixed price in Contract Line Item (CLIN 1002). All preventative maintenance and service calls less than $2,000.00 shall be

CLIN 1003

The CLIN description has changed from Service Calls to Major Repairs - IDIQ.

The CLIN extended description has changed from:

corrective maintenance, repairs or service calls in accordance with the attached PWS for a cost of $2,000.00 or more exclusive of the costs recovered in CLIN 1001 shall be performed under task orders separately agreed to by the contractor and Government. These costs are not included in the FFP CLINs 1001 and 1002 but will be separately priced and paid for on a "per task order" basis.

CLIN 1004

The CLIN description has changed from Replacements, Modifications, & Upgrades to System Modifications and Upgrades - IDIQ.

The CLIN extended description has changed from:

Replacements, Modifications, & Upgrades - The contractor shall perform all services in modifications, renovations, and upgrades in accordance with the attached PWS and a value of $2,000.00 or more shall be performed under task orders separately agreed to by the contractor and Government. These costs are not included in the FFP CLINs 1001 and 1002 but will be separately priced and paid for on a "per task order" basis.

CLIN 2001

attached PWS. This FFP CLIN includes on-site key personnel. The on-site key personnel to be furnished under this CLIN are identified in PWS Section 6. The costs for the on-site key personnel shall NOT be included in any other CLIN or included in any task order issued under other CLINs. The total FFP for on-site key personnel is expressly limited to the amount set forth in this CLIN including all off hours work. The identified key personnel shall be included in the work performed under CLINs 2002-2004 but not separately charged under CLINs 2002-2004.

CLIN 2002

Preventative Maintenance - The contractor shall perform all services in accordance with the perform all services in accordance with the attached PWS. This FFP CLIN includes the cost of all preventative maintenance as recommended by the equipment manufacturers or proposed by the contractor and service calls other than preventative maintenance with a cost of less than $2,000.00 exclusive of the costs captured in CLIN 2001. All preventative maintenance costs and service calls less than $2,000.00 shall be included in the firm-fixed price in Contract Line Item (CLIN 2002). All preventative maintenance and service calls less than $2,000.00 shall be

CLIN 2003

The CLIN description has changed from Service Calls to Major Repairs - IDIQ.

The CLIN extended description has changed from:

corrective maintenance, repairs or service calls in accordance with the attached PWS for a cost of $2,000.00 or more exclusive of the costs recovered in CLIN 2001 shall be performed under task orders separately agreed to by the contractor and Government. These costs are not included in the FFP CLINs 2001 and 2002 but will be separately priced and paid for on a "per task order" basis.

CLIN 2004

The CLIN description has changed from Replacements, Modifications, & Upgrades to System Modifications and Upgrades - IDIQ.

The CLIN extended description has changed from:

Replacements, Modifications, & Upgrades - The contractor shall perform all services in modifications, renovations, and upgrades in accordance with the attached PWS and a value of $2,000.00 or more shall be performed under task orders separately agreed to by the contractor and Government. These costs are not included in the FFP CLINs 2001 and 2002 but will be separately priced and paid for on a "per task order" basis.

CLIN 3001

attached PWS. This FFP CLIN includes on-site key personnel. The on-site key personnel to be furnished under this CLIN are identified in PWS Section 6. The costs for the on-site key personnel shall NOT be included in any other CLIN or included in any task order issued under other CLINs. The total FFP for on-site key personnel is expressly limited to the amount set forth in this CLIN including all off hours work. The identified key personnel shall be included in the work performed under CLINs 3002-3004 but not separately charged under CLINs 3002-3004.

CLIN 3002

Preventative Maintenance - The contractor shall perform all services in accordance with the perform all services in accordance with the attached PWS. This FFP CLIN includes the cost of all preventative maintenance as recommended by the equipment manufacturers or proposed by the contractor and service calls other than preventative maintenance with a cost of less than $2,000.00 exclusive of the costs captured in CLIN 3001. All preventative maintenance costs and service calls less than $2,000.00 shall be included in the firm-fixed price in Contract Line Item (CLIN 3002). All preventative maintenance and service calls less than $2,000.00 shall be

CLIN 3003

The CLIN description has changed from Service Calls to Major Repairs - IDIQ.

The CLIN extended description has changed from:

corrective maintenance, repairs or service calls in accordance with the attached PWS for a cost of

$2,000.00 or more exclusive of the costs recovered in CLIN 3001 shall be performed under task orders separately agreed to by the contractor and Government. These costs are not included in the FFP CLINs 3001 and 3002 but will be separately priced and paid for on a "per task order" basis.

CLIN 3004

The CLIN description has changed from Replacements, Modifications, & Upgrades to System Modifications and Upgrades - IDIQ.

The CLIN extended description has changed from:

Replacements, Modifications, & Upgrades - The contractor shall perform all services in modifications, renovations, and upgrades in accordance with the attached PWS and a value of $2,000.00 or more shall be performed under task orders separately agreed to by the contractor and Government. These costs are not included in the FFP CLINs 3001 and 3002 but will be separately priced and paid for on a "per task order" basis.

CLIN 4001

attached PWS. This FFP CLIN includes on-site key personnel. The on-site key personnel to be furnished under this CLIN are identified in PWS Section 6. The costs for the on-site key personnel shall NOT be included in any other CLIN or included in any task order issued under other CLINs. The total FFP for on-site key personnel is expressly limited to the amount set forth in this CLIN including all off hours work. The identified key personnel shall be included in the work performed under CLINs 4002-4004 but not separately charged under CLINs 4002-4004.

CLIN 4002

Preventative Maintenance - The contractor shall perform all services in accordance with the perform all services in accordance with the attached PWS. This FFP CLIN includes the cost of all preventative maintenance as recommended by the equipment manufacturers or proposed by the contractor and service calls other than preventative maintenance with a cost of less than $2,000.00 exclusive of the costs captured in CLIN 4001. All preventative maintenance costs and service calls less than $2,000.00 shall be included in the firm-fixed price in Contract Line Item (CLIN 4002). All preventative maintenance and service calls less than $2,000.00 shall be

CLIN 4003

The CLIN description has changed from Service Calls to Major Repairs - IDIQ.

The CLIN extended description has changed from:

corrective maintenance, repairs or service calls in accordance with the attached PWS for a cost of $2,000.00 or more exclusive of the costs recovered in CLIN 4001 shall be performed under task orders separately agreed to by the contractor and Government. These costs are not included in the FFP CLINs 4001 and 4002 but will be separately priced and paid for on a "per task order" basis.

CLIN 4004

The CLIN description has changed from Replacements, Modifications, & Upgrades to System Modifications and Upgrade - IDIQ.

The CLIN extended description has changed from:

Replacements, Modifications, & Upgrades - The contractor shall perform all services in modifications, renovations, and upgrades in accordance with the attached PWS and a value of $2,000.00 or more shall be performed under task orders separately agreed to by the contractor and Government. These costs are not included in the FFP CLINs 4001 and 4002 but will be separately priced and paid for on a "per task order" basis.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SPECIAL CONTRACT REQUIREMENTS

SPECIAL CONTRACT REQUIREMENTS

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

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 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 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-7 SUBSTITUTION OF KEY PERSONNEL

a. A requirement of this contract is to maintain stability of personnel proposed in order to provide quality services. The contractor agrees to assign only those key personnel whose resumes were submitted and approved and who are necessary to fulfill the requirements of the contract. No changes in key personnel, including but not limited to the substitution of key personnel, shall be made except in accordance with this clause.

b. If personnel become unavailable for work under the contract for whatever reason for a continuous period exceeding twenty-one (21) working days, or are expected to devote substantially less effort to the work than indicated in the task order, the contractor shall propose a substitution for such personnel in accordance with paragraph (d) below.

c. The contractor agrees that changes in key personnel will not be made unless necessitated by compelling reasons. Compelling reasons include, but are not limited to, serious illness, death, termination of employment, declination of an offer of employment (for those individuals proposed as contingent hires), and family friendly / maternity leave. When the contractor determines that compelling reason to change key personnel exists, the contractor shall submit a request in accordance with subparagraph (d) below to the CO and obtain CO approval prior to changing key personnel.

d. All proposals to change personnel shall be submitted, in writing, to the CO not less than fifteen (15) days prior to the date of the proposed substitution/addition. In those situations where a security clearance is required, the request must be submitted not less than thirty (30) days prior to the date of the proposed substitution/addition.

Each proposal or request shall provide a detailed explanation of the circumstances necessitating the proposed change, the resume of the individual proposed for substitution or addition, information regarding the financial impact of the change, and any other relevant information. All proposed substitutes (no matter when they are proposed during the performance period) shall have qualifications that are equal to or higher than the qualifications of the person being replaced.

e. The CO shall evaluate requests to change key personnel and change of personnel in contract will approve/disapprove the request in writing and so notify the contractor.

f. If the CO determines that the suitable and timely replacement of personnel who have been reassigned, terminated, or have otherwise become unavailable to perform under the contract is not reasonably forthcoming, or that the resultant reduction of productive effort would impair the successful completion of the contract, the contract may be terminated for default or for the convenience of the Government, as appropriate. Alternatively, at the CO’s discretion, if the CO finds the Contractor to be at fault for the condition, the CO may adjust the contract price downward to compensate the Government for any delay, loss, or damage as a result of the Contractor’s action.

g. Noncompliance with the provisions of this clause will be considered a material breach of the terms and conditions of this contract for which the Government may seek any and all appropriate remedies including Termination for Cause pursuant to FAR Clause 52.212-4.

H-8 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-9 ORGANIZATIONAL CONFLICT OF INTEREST (OCI) DISCLOSURE

(a) Purpose. This clause applies to the Contractor and its affiliates, consultants and subcontractors of any tier (collectively referred to as “Contractor”). This clause must be included in all subcontracts and other agreements executed by the prime contractor in connection with submitting the prime contractor’s proposal or performing the work. Attention also is directed to FAR Subpart 9.5 and the provisions which follow.

(b) Government Contractor Participation in Solicitation/Statement of Work, Award or Administration. The following Government contractor may participate in the preparation of the Statement of Work/Solicitation or assist in the award and administration of the contract: Not Applicable

(c) Scope-Actual or Potential Conflicts of Interest. This clause is intended to ensure that the Contractor (1) does not obtain or appear to obtain an unfair competitive advantage over other parties by virtue of actual or potential unauthorized use or disclosure of proprietary or procurement-related information, (2) does not obtain or appear to obtain an unfair competitive advantage over other parties by virtue of any relationship (social, familial, financial, et cetera) between the Contractor or Contractor’s employees and any Government employee, Government contractor or Government contractor employee involved in the procurement process or the administration of the contract whether or not specifically identified in this solicitation, (3) is not biased or potentially biased or its ability to render impartial advice to the Government impaired or potentially impaired due to Contractor’s current or planned interests (financial, contractual, organizational or otherwise) that relate to the services performed or products to be delivered under this solicitation, or (4) any other potential conflict of interest identified or within the scope of FAR 9.5. Parts (1), (2) and (3) above are examples of potential conflicts of interest governed by this clause.

(d) Contractor Representation. The Contractor represents by submission of its offer that, to the best of its knowledge and belief, Contractor has no actual or potential conflict of interest or, pursuant to paragraph (e), has disclosed to the CO in writing all relevant information regarding any actual or potential conflict of interest.

(e) Contractor Disclosure of Actual or Potential Conflicts of Interest Before and After Award. If, before or after award, an actual or potential conflict of interest is identified by the Government or discovered by the Contractor, the Contractor shall immediately make a full disclosure in writing to the CO. The Contractor further recognizes that during the term of this contract, conditions may change which may give rise to a newly recognized actual or potential conflict of interest. In the event that the Government identifies or the Contractor discovers an actual or potential conflict of interest before or after award, the Contractor shall, at a minimum, immediately provide the following information:

(1) a description of the actual or potential conflict of interest and identify the parties involved;

(2) a description of the work affected by the actual or potential conflict of interest; and

(3) a mitigation plan as described in section (f).

(f) Mitigation Plan. To the extent that the Contractor or the Government has at any time before or after award identified an actual or potential conflict of interest, the Contractor shall propose a mitigation plan which concisely describes all relevant facts concerning any potential conflict of interest including any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) relating to the services performed or product to be delivered under this solicitation. The mitigation plan shall describe the actions or planned actions the Contractor has taken or proposes to take, to avoid, mitigate, or neutralize the conflict of interest. If accepted by the CO, the mitigation plan will become part of the contract.

(g) Final Authority. The CO is the final authority in determining whether a conflict of interest exists and whether the conflict of interest has been adequately mitigated, neutralized or avoided.

(h) Remedies. The presence of an actual or potential conflict of interest that, in the CO’s discretion, cannot be avoided, mitigated or neutralized, may preclude the Contractor from competing for the award or, if the conflict is discovered after award and cannot, in the CO’s discretion, be neutralized, mitigated or avoided, may result in termination of the contract. If the conflict of interest results from conflicting financial or other interests involving Contractor personnel performing under this agreement, the CO may require the Contractor to remove such personnel from performance of work under the contract as a means to avoid, neutralize or mitigate the conflict of interest. If the Contractor was or, with reasonable diligence, should have been aware of a potential conflict of interest before award, or discovers or with reasonable diligence should have discovered an actual or potential conflict after award and does not disclose or misrepresents relevant information to the CO, it will be deemed a material breach of the agreement/solicitation. In that event, the Government may elect to terminate the contract for default. Nothing herein shall prevent the Government from electing any other appropriate remedies afforded by other provisions of this agreement, or statute or regulation.

H-10 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-11 INVOICING INSTRUCTIONS – SUPPLEMENTARY

a. Concurrent with submission of each monthly invoice and Workload Management Report, the contractor shall provide a summary of total monthly labor hours expended, total time off (to include time off due to Federal holidays, PTO, and other office closures (e.g., snow day) by each full-time equivalent. Prior to payment, the contractor shall certify the accuracy of the information and the CO & COR will inspect and approve that invoice submission. An invoice shall not be considered complete and eligible for payment until such certification is provided. Discrepancies of invoicing will be submitted to the contractor by the CO/COR.

The Government will review, approve or reject report by three (3) business days after submission, prior to WAWF uploading.

b. Workload Management Report:

- A monthly report shall be provided consisting of the following information:

- Listing of all completed and work-in-progress assignments, including current status.

- Invoicing information - to include the contract price, invoiced costs for period submitted, amount invoiced to date, amount remaining and any decrements taken from the billing price.

- Scheduling of Employees - reporting all absences that include vacation, sick leave, turnovers, gaps and replacements. Challenges contractor encountered in performing contract requirements what actions were taken, and the results of the actions; issues; concerns.

- The report shall be submitted electronically either as a word doc file or a .PDF file to the COR within five (5) calendar days following the end of each month as an input to monthly meetings with the COR. The COR or a designated Task Monitor will identify work products/activities to be delivered, and accept or reject each product as indicated on the Workload Management Report.

c. The contractor shall invoice monthly via Wide Area Work Flow (WAWF) and payments will be made on a monthly basis. The total hours assumed per month are 156 hours per FTE with a total of 1880 hours annually.

The contractor shall submit electronically attached to the invoice, a monthly Workload Management Report as described below.

d. A complete billable month shall consist of the full monthly rate, as specified on the approved labor-rate, for each Labor Category (LCAT) issued under the contract that works a full month.

e. For purposes of partial billing/payment, e.g. a lapse in contract coverage or a decrement arising from a rejected work product, a partial billable month shall include deductions for each LCAT where support was not provided. For example: A Program Manager Level 2 is making $60.00/hr. has taken a 2 week leave period, the contractor shall deduct the billable rate 80 hours * $60.00/hr. = $4,800.00 less than the full monthly rate.

f. Effort performed in fulfilling the requirements of this contract shall only include effort performed in direct support of this contract and shall not include time and effort expended on such things as local travel to and from an employee's usual work location, traveling to and from a temporary duty location, truncated lunch periods, or telework not authorized by the COR. The fully-burdened monthly rate for each LCAT are to be inclusive of federal holidays and authorized paid time off (PTO).

g. If any of the services do not conform to contract requirements, the Government may, in addition to any other remedies available, e.g. remedies under FAR 52.212-4 or any other clause of this contract, the Government may decrement the associated invoice by an amount commensurate with the hours expended on that specific rejected task as indicated on the Workload Management Report.

H-12 REMOVAL OF CONTRACTOR EMPLOYEES

a. The contractor shall be 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. In the event the contractor fails to remove any employee from the contract work whom the Contracting Officer or the Contracting Officer'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 Contracting Officer or the Contracting Officer's designated representative may require, in writing, the contractor to remove the employee from work under this contract and any other contract awarded to contractor by WHS.

b. 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.

c. 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.

(End of Clause)

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.216-1

The following have been added by full text:

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 (insert dollar figure or quantity), 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 -

(1) Any order for a single item in excess of (insert dollar figure or quantity);

(2) Any order for a combination of items in excess of (insert dollar figure or quantity); or

(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b) (1) 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 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.

(End of clause)

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 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 after [insert date].

(End of clause)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

INSTRUCTIONS TO OFFERORS

SECTION L

INSTRUCTIONS TO OFFERORS – PROPOSAL SUBMISSION REQUIREMENTS

L1.0 GENERAL INFORMATION

L1.1 This section provides general guidance for preparing proposals as well as specific instructions on the format and content of the proposal. The offeror’s proposal shall include all data and information and shall be submitted in accordance with these instructions. Any offeror who submits a proposal that does not include all of the required information as described in this section may be considered ineligible for award.

All proposals shall unconditionally accept all solicitation terms and conditions without any deviations, conditions or red-lines. The offer shall be compliant with the requirements as stated in the Performance Work Statement (PWS) and Attachments as well as the terms and conditions of the Request for Proposal (RFP). Proposals that contain exceptions, conditions, red-lines or other deviations from the RFP’s terms shall render the entire proposal unacceptable and ineligible for award. Proposals that are submitted after the submission deadline will be rejected and not considered for evaluation. Material contained in proposals that exceed the requisite page limit will be disregarded and not considered in the evaluation.

L1.2 The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government's requirements, but rather provide convincing, factually-based explanation on how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the offeror’s proposal.

L1.3 Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and are not desired.

L1.4 The proposal acceptance period is a minimum of 120 calendar days from date of submission. The offeror shall make a clear statement in the proposal documentation volume that the proposal is valid until this date.

L1.5 In accordance with Federal Acquisition Regulation (FAR) Subpart 4.805(b)(5)(i) (Storage, handling, and disposal of contract files), the Government will retain one copy of all unsuccessful proposals. Unless the offeror requests otherwise, the Government will destroy extra copies of such unsuccessful proposals.

L1.6 Debriefings The Contracting Officer (KO) will promptly notify offerors of any decision to exclude them from the competitive range, whereupon they may request and receive a debriefing in accordance with FAR 15.505.

The KO will notify unsuccessful offerors in accordance with FAR 15.503. Upon such notification, unsuccessful offerors may request and receive a debriefing. Offerors desiring a debriefing shall submit their request in accordance with FAR 15.505 or 15.506, as applicable.

L1.7 Discrepancies If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the KO in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussions.

L1.8 Electronic Reference Documents All referenced documents for this solicitation are available on the Federal Business Opportunities (FedBizOpps) web site at http://www.fbo.gov. Potential offerors are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation.

L1.9 Amendments to Solicitation Changes to the solicitation prior to the deadline for receipt of proposals will be executed via issuance of SF-30, which will contain a summary of changes to the solicitation. The SF-30 will be available on http://www.fbo.gov under the announcement number of the solicitation. Offerors are encouraged to check the solicitation announcement regularly to verify issuance of amendments. Offerors shall acknowledge receipt of any amendment and provide confirmation upon submission of the offeror’s proposal. Any unacknowledged amendments in the offeror’s proposal will be considered incomplete.

L1.10 Site Visit

a) The site visit is MANDATORY and a REQUIREMENT to this solicitation. NO EXCEPTIONS will be made for this solicitation. Any prospective offeror that fails to attend the site visit shall be ineligible for award and it’s proposal shall be rejected. Please follow instructions.

b) The Pentagon Reservation site visit/walk will be conducted on THURSDAY, FEBRUARY 28, 2019 from 09:00 AM – 01:00 PM Eastern Standard Time (ET). Offerors will tour locations associated with this location.

c) Offerors shall fill out Attachment L7 – NCIC Background Check/HRP Visitor Access Roster Request for all attendees (not to exceed 3 individuals) from each prospective contractor. Vehicle parking is available at the Pentagon Heating and Refrigeration Plant. Contractors who require parking shall complete and submit Attachment L6 – Temporary Parking Application. Both Attachments L6 and L7 shall be submitted no later than MONDAY, FEBRUARY 25, 2019 BY http://www.fbo.gov/

02:00 PM ET via email to Mr. Richard C. Washington at richard.c.washington.civ@mail.mil and Ms. Valencia R. Thornton at valencia.r.thornton.civ@mail.mil.

d) Contractors shall affix the following as the email’s subject line: HQ0034-19-R-0019 Preventative Maintenance at the Pentagon Heating and Refrigeration Plant Contract Site Visit

e) Attendees should bring two (2) ID’s, one of which must be photo identification.

f) All questions posed at the site visit shall be submitted in writing by the Offerors. All questions will be answered in writing by RFP amendment to ensure all of the participants are privy to the same information. All verbal answers provided at the site visit are non-binding. No telephone inquiries or other oral requests will be entertained.