HQ003419R0073P0005 QA. Conformed Copy.pdf

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Logistics Support Service
Solicitation number
HQ0034-19-R-0073
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This is a solicitation for logistics support services. The contractor shall provide warehousing, material handling and delivery services for the Washington Headquarters Service and other requiring activities including the Federal Facilities Division Pentagon Building Management Office, Property Management Branch, and the Office of the Secretary of Defense Joint Staff Directorates and Liaison Office. The services include handling and delivery of supplies and materials. The contract type is a fixed-price IDIQ and will be awarded as a competitive single award contract set aside for 8(a) small businesses. The period of performance is base year plus four 12-month option periods and a potential six-month extension. Pricing is fixed rates by labor category. The closing date for responses is August 28, 2020.

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File Type Posted
J-B1 Pricing Submission Worksheet amend 0005.xlsx XLSX spreadsheet
HQ003419R0073P0005 QA.pdf PDF
J-B2 Labor Category Pricing Schedule amend 0005.xlsx XLSX spreadsheet
J-C1 Performance Work Statement 13Aug20 amend 0005.pdf PDF
J-L2 Client Authorization Letter amend 0005.docx DOCX document
J-B1 Pricing Submission Worksheet amend 0004.xlsx XLSX spreadsheet
J-C4 Current CBA-2018-11228 amend 0004.pdf PDF
HQ003419R0073 Amend 0004.pdf PDF
J-C3 Wage Determination (WD) 2015-4281 Rev No 16 amend 0004.pdf PDF
HQ003419R0073 Conformed Copy.pdf PDF
J-L1 Key Personnel Qualifications Sheet amend 0004.pdf PDF
J-L2 Client Authorization Letter amend 0004.docx DOCX document
J-L4 Past Performance Questionnaire Sheet Fillable amend 0004.pdf PDF
J-C1 Performance Work Statement 03Aug2020 amend 0004.pdf PDF
J-C2 Non Disclosure Agreement (NDA) amend 0004.pdf PDF
J-L3 Past Performance Data Sheet amend 0004.pdf PDF
J-B2 Labor Category Pricing Schedule amend 0004.xlsx XLSX spreadsheet
J-B2_Labor_Category_Pricing_Schedule_Amd_0003.xlsx XLSX spreadsheet
HQ003419R0073-0003.ConformedCopy.pdf PDF
HQ003419R0073-0003.pdf PDF
HQ00349R007300002.pdf PDF
HQ003419R00730002_Conformed_copy.pdf PDF
HQ003419R0073_conformed_copy.pdf PDF
J-B2_Labor_Category_Pricing_Schedule_Amd_0001.xlsx XLSX spreadsheet
J-C7_Estimated_Workload_Data_Amd_0001.pdf PDF
J-L4_Past_Performance_Questionnaire_Sheet_Fillable_Amd_0001.pdf PDF
J-C4_Technical_Exhibit_11_DD254_Amd_0001.pdf PDF
J-C6_Current_CBA-2018-11228_Amd_0001.pdf PDF
J-C5_Wage_Determination_No._2015-4281_Rev._No._14__Amd_0001.pdf PDF
HQ003419R00730001.pdf PDF
J-B1_Pricing_Submission_Worksheet.xlsx XLSX spreadsheet
J-L3_Past_Performance_Data_Sheet_final.pdf PDF
J-C1_PWS_Final.pdf PDF
J-L4_Past_Performance_Questionnaire_Sheet_Final.pdf PDF
J-L1_Key_Personnel_Qualifications_Sheet_Final.pdf PDF
J-L2_Client_Authorization_Letter.docx DOCX document
J-C3_Technical_Exhibit_10_PBMO_Inventory_List.pdf PDF
J-C4_Technical_Exhibit_11_DD_254_Contract_Security_Classification_Specification.pdf PDF
J-C2_NDA.pdf PDF
J-C5_WD_No_2015_4282_rev_12_date_12_26_2018.pdf PDF
J-B2_Labor_Category_Pricing_Schedule.xlsx XLSX spreadsheet
HQ0034-19-R-0073_Final.pdf PDF
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Text version

CODE

(Hour)

PAGE(S)

until 02:00 PM local t ime 28 Aug 2020

X

A X B X C

D

EX

X G F 80 - 90

91 - 102 X H 103 myra.m.freeberg.civ@mail.mil

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.

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

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 107

(If other than Item 7) HQ0034

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

9. Sealed offers in original and 1 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

See Section L conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

MYRA M.FREEBERG 703-545-9495

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 7 8 - 24

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

25 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

27 - 31 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 32 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 33 - 40 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 - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

41 - 78

PART II - CO NTRACT CLAUSES

WHS - ACQUISITION DIRECTORATE

4800 MARK CENTER DRIVE, SUITE 09F09

ALEXANDRIA VA 22350

WHS - ACQUISITION DIRECTORATE

1155 DEFENSE PENTAGON

WASHINGTON DC 20301-1155

FAX:

TEL:

FAX:

TEL: 703-545-3376

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

05 Aug 2020

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

HQ003419R0073

Section SF 30 - BLOCK 14 CONTINUATION PAGE

AMENDMENT 0003 PURPOSE

1 Per Amendment 1, the answer to Question 5 stated that SF33, Section M – M-4 is revised to read “…total contract value over $12 million for any federal or private projects.”;

however, the conformed solicitation does not include the revised language and still states the $14 million as the Past Performance value requirement.

Q: Can the government issue a revised conformed solicitation document with the change as noted in the answer to Question 5, i.e., $12 million vice $14 million?

SF33 section M-4(d) was corrected to reflect:

“….and total contract value over $12 million for any federal or private projects.”

The revised Attachment J-B2 shows the labor category of “Laborer (CBA)”; however, the CBA does not include the Laborer labor category and, specifically states that the Laborer category is removed from the CBA as of April 2019.

Q: Can the government revise Attachment J-B2 to conform to the CBA labor categories?

The Government is not requiring the CBA for any of the proposed staffing for this requirement. It is in the offeror’s discretion to determine if the proposed labor categories will be under a CBA or the SCA, and propose personnel as appropriate.

The CBA labor category listed on J-B2 is for informational purposes only (currently on this contract) and are not mandatory labor categories. Key Personnel are the only mandatory personnel for this requirement.

J-B2 Section Proposed Staffing may be edited based on an offeror’s proposed staffing approach.

The revised Attachment J-B2 instructs offers that it is to use “…WD No. 2015-4281 Rev 13 dated 04/25/2019 for ALL PROPOSED LABOR CATEGORIES.”; however, in Amendment 1, the government has included WD No. 2014- 4281 Rev 14 dated 07/16/2019. The two WDs are different and impose different wage and Health and Welfare requirements on the offeror, e.g., the hourly Health and Welfare under Rev. 13 is $4.48/hour, and it is $4.54/hour under Rev 14.

Q: Can the government clarify what the appropriate WD is for all offers to use for all non-CBA positions and, upon which our pricing and proposal should be based?

Attachment J-B2 has been revised to reflect the corrected WD which is WD No. 2015-4281 Rev 14 dated 07/16/2019.

AMENDMENT 0004

PURPOSE: The purpose for this amendment is to include the following:

(1) Extend the closing date to 21-Aug-2020 12:00 PM EST.

(2) DELETED the security clearance requirement from the following documents:

Number Clarification Government Response

(a) Solicitation

(1) Section H paragraph d.

(2) Section L-5 Volume II.

(3) Section L-7 Volume b.

(4) Section M-2 paragraph 1.

(5) Section M-3.

(b) Performance Work Statement (PWS)

(1) Section 1.6.7 Security Requirements.

(2) Section 4.2 Secret Facility Clearance.

(3) Section 1.6.11.1 Key Personnel Qualifications.

(2) Incorporate information access requirements to Government information necessary to perform the scope of the re-compete that reflects three (3) specific elements incorporated to support the effort increase of the re-compete.

• Defense Logistics Agency, Disposition Services

• Financial Improvement and Audit Readiness Regulation

• Defense Property Accountability System

(3) Revise the total contract value in RFP Section M-4(d) to total contract value between $6M and $13M.

(4) Modify the minimum requirement past performance references in RFP section L (c)(ii)(iii) and section M Factor 1 Past Performance (c)(d) to three (3) total projects.

(5) Revise the minimum qualifications for identified key personnel

a. The minimum qualification for key personnel were revised the following documents:

(1) Solicitation

(a) RFP Section M2 – PASS/FAIL REQUIREMENTS – Revision of the Minimum Requirements for Key Personnel

(2) PWS section 1.6.11.1

(6) In accordance with Executive Order (EO) 13897, Improving Federal Contractor Operations by Revoking Executive Order 13495 FAR clause 52.222-17 Non-displacement of Qualified Workers is hereby removed.

(7) Attachments J-L2 Client Authorization and Letter and J-L4 Past Performance Questionnaire Sheet were revised.

(8) Attachments J-L1 Key Personnel Qualification Sheet was revised.

(9) Attachments list in Section J was revised.

(10) SCA WD was updated to WD No. 2015-4281 Revision No. 16 date 04/23/2020.

(11) The base year period of performance was changed from twelve (12) months to nine (9) months.

(12) Incorporate DFARS 252.237-7023, Continuation of Essential Contractor Services and DFARS 252.237-7024, Notice of Continuation of Essential Contractor Services.

AMENDMENT 0005 QA

PURPOSE: The purpose of this amendment is to include the following:

(1) The Government’s response to the questions received from offerors.

(2) Change the response time/date on block 9 of the SF33 (Conformed copy).

(3) Edited RFP Section L-4 Solicitation Contracting Officials second paragraph.

(4) Edited RFP Section L-5 Proposal Content Chart and Section L-7 Volume Content-Administrative subsection (a)- Volume I-Administrative to include the offeror’s written continuity of operation plan (COOP) per DFARS DFAR 252.237-7024(b)(1).

(5) Edited RFP Section L-7 subsection(c) Volume III-Factor I Past Performance, paragraph (iii).

(6) Edited RFP Section M-4 Factor I Past Performance, subparagraph (c).

(7) Edited the following Parts of the Performance Work Statement (PWS): Changes are in RED.

• Part 3 Government Furnished Property, Equipment and Services:

o Section 3.1-Facilities/Property subsection 3.1.6.

o Section 3.2 Equipment subsections 3.2.1, 3.2.2 and 3.2.11.

o Removed subsection 3.0.1 and sub subsections 3.0.1.1 through 3.0.1.2 from Part

3 to Add to Part 4 Contractor Furnished Items and Services.

• Part 4 Contractor Furnished Items and Services:

o Add subsection 4.2.7 and sub subsections 4.2.7.1 and 4.2.7.2.

(8) Incorporated the PWS dated 13 August 2020.

(9) Edited the following Attachments:

• J-B1 Pricing Submission Work Sheet

• J-B2 Labor Category Pricing Schedule

• J-C1 Performance Work Statement dated 13 August 2020

• J-L2 Client Authorization Letter

(10) Per DoD Implementation Memo for 889(a)(1)(B) of the National Defense Authorization

Act (NDAA) for Fiscal Year 2019, containing two prohibition related to Federal contracting effective 13 August 2020 (See Section I), FAR 52.204.24 is required to be completed and submitted with proposal:

• FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

• FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

• FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation

Number Interested Party Question Government Response

Per PWS 3.0 it states the government will provide all equipment to perform services. Under PWS 4.3 it stated the contractor shall provide box truck, trailer etc. Could the government please confirm if the contractor is responsible for providing this equipment or is it part of / the same equipment identified in PWS 3.0 part of the government provided equipment?

The Government has revised the Performance Work Statement (PWS) Parts 3 Government Furnished Property Equipment and Services and Part 4 Contractor Furnished Items and Services.

Per, Part 4 Contractor Furnished Items and Responsibilities: Except for those items specifically stated to be Government furnished in Part 3, the Contractor shall furnish all labor, materials and equipment tailored, as determined by the Contractor, for each entity’s requirements as required to perform this PWS. Contractor supplied equipment is the sole responsibility of the Contractor.

—Offerors shall provide the vehicles identified in PWS section 4.3 entitled ‘Vehicle’ Further, an identified list of specific Government Equipment Inventory is listed in PWS Section 3.2 Equipment and equipment list identified in Part 7 Attachment/Technical Exhibit Listing -- Technical Exhibit 7.

A. SF33 and Amendments – As the solicitation has been re-issued as of 8/5/2020 on an SF33 (i.e., conformed version) and the amendment issued was Amendment 0004, is the government requiring/expecting signed and acknowledged copies of the original solicitation as well as the signed and acknowledged SF30s for Amendment 0001, 0002, and 0003 as part of the response package?

A. In accordance with Section L-7 Volume Content--

a) Volume I-Administrative -- "Contractor shall provide a cover letter. The cover letter shall identify solicitation number, date of submittal, and acknowledgement of any (and all) amendments,"

The Government accepts the Offeror's signature of each issued Amendment, "or" the cited Cover Letter as indicated in Section L acknowledging all Amendments.

B. Essential Services – Pages 27-28 of the conformed solicitation requires that “The offeror shall provide with its offer a written plan describing how it will continue to perform the essential contractor services listed in attachment PWS, Mission Essential Contractor Services, dated 03 August 2020, during periods of crisis.”

Can the government clarify where/what volume offerors are to include the Continuation of Services Plan?

B. The following solicitation sections have been revised to address the requirement of ‘continuity of operations (COOP) in accordance with DFARS 252.237-7024 (b)(2)-Notice of Continuation of Essential Contractor Services:

RFP Section L-5 Proposal Content Chart and Section L-7 Volume Content-Administrative sub section (a)- Volume I-Administrative.

SUMMARY OF CHANGES – Point (1) in the Purpose of the Summary of Changes states: “Extend the closing date to 21-Aug- 2020 12:00 PM EST”; however, Section A states: “The required response date/time has changed from 14-Aug-2019 11:00 AM to 21-Aug-2020 11:00 AM. Also, block 9 of the SF33 states 11:00AM on August 21, 2020.

Can the government clarify the correct date and time that responses are due?

The response date/ time in block 9 on the SF33 has been revised to reflect is 2:00PM 28 August 2020.

L-5 and L-7(c)(ii) – The Content Chart in L-5 indicates that “Offerors shall submit a PPD and PPQ, Attachments J-L2 & J-L3, three (3) Government or commercial projects.”; however, the instruction in L-7(c)(ii) do not specify that offerors are to complete or include J-L3 unless they are submitting as a Joint Venture. L- 7(c)(ii) states: The Offeror shall submit with its proposal completed Attachment J-L4 Past Performance Questionnaire (PPQ) Sheet, for three (3) Government or commercial contracts for Facility/Logistics Support Services of similar nature, scope, size and complexity to the services required in Attachment J-C1 PWS. If submitting proposal as a Joint Venture, both the contractors shall submit three (3) Attachment J-L3 Past Performance Questionnaire (PPQ) Sheet by each individual firm, within a Joint Venture; a total of six (6) PPQ must be submitted.” Nowhere else in the instructions to Offerors (i.e., L-7(c)) is Attachment J-L3 mentioned as a requirement.

Can the government clarify when and to whom Attachment J- L3 is to be provided?

In Section L-7 subsection (c) Volume III-Factor I Past Performance, paragraph (iii) reads – has been revised detailing instructions for attachments J-L2 Client Authorization Letter, J-L3 Past Performance Data (PPD) Sheet and Attachment J-L4 Past Performance Questionnaire (PPQ) Sheet.

Offerors are requested to complete Attachment J-L3 Past Performance Data (PPD) for submitted reference projects, and to be included in Volume III Factor I (Past Performance) on the response date/due date.

L-5 – The Content chart in L-5 states “As stated in Attachment J- L3 Past Performance Data (PPD), the reference will complete this form and return it directly to the Offeror.” There is no such instruction on J-L3 for a reference to complete and/or return the form.

Can the government clarify who is to complete Attachment J- L3, and where it is to be sent?

L-5 Content chart has been revised to reflect the following:

As stated in Attachment J-L3 Past Performance Data (PPD), the offeror will complete this form and to be included in Volume III: Factor I (Past Performance).

6 L-7 (c)(iii) – The instructions state “As stated in Attachment J-L4 PPQ Sheet, the reference(s) will complete this form and return it directly to the point of contacts listed in RFP L-3(a)(1).”; however, In Section L-7 subsection(c) Volume III-Factor I Past Performance, paragraph (iii) reads – has been revised detailing instructions for attachments J-L2 Client

Attachment J-L4 does not instruct references to return directly to the points of contact in L-3(a)(1), it instructs references to “Return the questionnaire to Offeror’s point of contact as indicated in the Client Authorization Letter.” The Client Authorization Letter states “Please complete the attached questionnaire(s) to aid the Government in its evaluation of our past performance and email to <INSERT Offeror’s point of contact> and carbon copy (cc) the Contracting Officer Mrs. Myra M. Freeberg at myra.m.freeberg.civ@mail.mil”

Can the government clarify to whom it wants copies of J-L4 sent – and by whom?

Authorization Letter, J-L3 Past Performance Data (PPD) Sheet and Attachment J-L4 Past Performance Questionnaire (PPQ) Sheet.

Per revised section L-7 subsection (c) Volume III- Factor I Past Performance, paragraph (iii) The Offeror is to complete Sections 1, 2 and 3 of Attachment J- L4 PPQ Sheet, and send it to each of the three (3) customer references for the assessment and completion of Section 4 of the form.

The offeror must ensure to send the three (3) customers whom the offeror identified on Attachments L2 Client Authorization Letter and J-L4 PPQ Sheets to the point of contact whom the offeror identified on the L2 Client Authorization Letter.

The completed Attachment J-L4 PPQ Sheets (The Offeror is to complete Sections 1, 2 and 3 of Attachment J-L4 PPQ Sheet, and send it to each of the three (3) customer references for the assessment and completion of Section 4 of the form.) are to be included in Volume III: Factor I (Past Performance) on the response time/due date.

7 VOLUME IV – PRICE: The Content Summary Chart states that a signed and completed SF33 must be included in Volume IV;

however, the instructions mention the Schedule of Supplies and Services Section of the SF33.

Can the government clarify if it requires the complete SF33 to be included in Volume IV (as is also provided in Volume I), or only the Schedule of Supplies and Services section?

L-5 Content chart Volume IV: Factor II (Price) has been revised to reflect --Schedule of Supplies and Services sections of the SF33.

ATTACHMENT J-B2: Attachment J-B2 references Attachment J- C6; we cannot find an Attachment J-C6.

Can the government clarify what Attachment is referenced in Attachment J-B2?

Reference to Attachment J-C6 was an administrative error and has been removed

The proper reference ‘note’ on Attachment J-B2 Labor Category Pricing Schedule has been revised to reflect “… (See attachment J-C4 Current CBA-2018-11228)”

Section B - Supplies or Services and Prices

SPECIAL INSTRUCTIONS

NOTICE TO OFFERORS: This solicitation is set aside as a competitive 8(a) procurement. The North American Industry Classification System (NAICS) code for this requirement is 561210 “Facilities Support Services” with a size standard of $38.5 M.

PERFORMANCE BASED VEHICLE: TO BE AWARDED AS A FIRM-FIXED PRICE (FFP) INDEFINITE

DELIVERY INDEFINITE QUANTITY (IDIQ) CONTRACT, AS A COMPETITIVE SINGLE-AWARD

CONTRACT.

B.1 Issuance of Task Orders: All services to be performed under this contract shall be set forth in individual delivery orders. All delivery orders will be listed in accordance with Section I, DFARS 252.216-7006- Ordering, FAR 52.217-8 Option to Extend Services, and FAR 52.217-9 Option to Extend the Term of Contract.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 9 Months Base Year Logistics support_PMB

FFP

Per attached Performance Work Statement (PWS).

FOB: Destination R706

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 9 Months Base Year Logistics support_ JS

FFP

Per attached Performance Work Statement (PWS).

UNIT UNIT PRICE MAX AMOUNT

0003 9 Months Base Year Logistics support_ PBMO

FFP

Per attached Performance Work Statement (PWS).

UNIT UNIT PRICE MAX AMOUNT

0004 20,000 Each Base Year Surge support_PMB

FFP

Per attached Performance Work Statement (PWS) section 1.4.1 Surge Support Services. In accordance with section 1.4.1.1.3 The Contractor shall prepare a detailed proposal; including a work plan and a cost proposal, including submittals for approval within two (2) days using the firm fixed price from the Labor Category Pricing Schedule.

UNIT UNIT PRICE MAX AMOUNT

0005 12,000 Each Base Year Surge support_ JS

FFP

Services. In accordance with section 1.4.1.1.3 The Contractor shall prepare a detailed proposal; including a work plan and a cost proposal, including submittals for approval within two (2) days using the firm fixed price from the Labor Category Pricing Schedule.

UNIT UNIT PRICE MAX AMOUNT

1001 12 Months OPTION OY1 Logistics support_ PMB

FFP

Per attached Performance Work Statement (PWS).

UNIT UNIT PRICE MAX AMOUNT

1002 12 Months OPTION OY1 Logistics support_JS

FFP

Per attached Performance Work Statement (PWS).

UNIT UNIT PRICE MAX AMOUNT

1003 12 Months OPTION Base Year Logistics support_ PBMO

FFP

Per attached Performance Work Statement (PWS).

UNIT UNIT PRICE MAX AMOUNT

1004 20,000 Each OPTION OY1 Surge support_PMB

FFP

Per attached Performance Work Statement (PWS) section 1.4.1 Surge Support Services. In accordance with section 1.4.1.1.3 The Contractor shall prepare a detailed proposal; including a work plan and a cost proposal, including submittals for approval within two (2) days using the firm fixed price from the Labor Category Pricing Schedule.

UNIT UNIT PRICE MAX AMOUNT

1005 12,000 Each OPTION OY1 Surge support_ JS

FFP

Services. In accordance with section 1.4.1.1.3 The Contractor shall prepare a detailed proposal; including a work plan and a cost proposal, including submittals for approval within two (2) days using the firm fixed price from the Labor Category Pricing Schedule.

UNIT UNIT PRICE MAX AMOUNT

2001 12 Months OPTION OY2 Logistics support_ PMB

FFP

Per attached Performance Work Statement (PWS).

UNIT UNIT PRICE MAX AMOUNT

2002 12 Months OPTION OY2 Logistics support_JS

FFP

Per attached Performance Work Statement (PWS).

UNIT UNIT PRICE MAX AMOUNT

2003 12 Months OPTION Base Year Logistics support_ PBMO

FFP

Per attached Performance Work Statement (PWS).

UNIT UNIT PRICE MAX AMOUNT

2004 20,000 Each OPTION OY2 Surge support_PMB

FFP

Per attached Performance Work Statement (PWS) section 1.4.1 Surge Support Services. In accordance with section 1.4.1.1.3 The Contractor shall prepare a detailed proposal; including a work plan and a cost proposal, including submittals for approval within two (2) days using the firm fixed price from the Labor Category Pricing Schedule.

UNIT UNIT PRICE MAX AMOUNT

2005 12,000 Each OPTION OY2 Surge support_JS

FFP

Services. In accordance with section 1.4.1.1.3 The Contractor shall prepare a detailed proposal; including a work plan and a cost proposal, including submittals for approval within two (2) days using the firm fixed price from the Labor Category Pricing Schedule.

UNIT UNIT PRICE MAX AMOUNT

3001 12 Months OPTION OY3 Logistics support_ PMB

FFP

Per attached Performance Work Statement (PWS).

UNIT UNIT PRICE MAX AMOUNT

3002 12 Months OPTION OY3 Logistics support_ JS

FFP

Per attached Performance Work Statement (PWS).

UNIT UNIT PRICE MAX AMOUNT

3003 12 Months OPTION Base Year Logistics support_ PBMO

FFP

Per attached Performance Work Statement (PWS).

UNIT UNIT PRICE MAX AMOUNT

3004 20,000 Each OPTION OY3 Surge support_ PMB

FFP

Per attached Performance Work Statement (PWS) section 1.4.1 Surge Support Services. In accordance with section 1.4.1.1.3 The Contractor shall prepare a detailed proposal; including a work plan and a cost proposal, including submittals for approval within two (2) days using the firm fixed price from the Labor Category Pricing Schedule.

UNIT UNIT PRICE MAX AMOUNT

3005 12,000 Each OPTION OY3 Surge support_ JS

FFP

Services. In accordance with section 1.4.1.1.3 The Contractor shall prepare a detailed proposal; including a work plan and a cost proposal, including submittals for approval within two (2) days using the firm fixed price from the Labor Category Pricing Schedule.

UNIT UNIT PRICE MAX AMOUNT

4001 12 Months OPTION OY4 Logistics support_PMB

FFP

Per attached Performance Work Statement (PWS).

UNIT UNIT PRICE MAX AMOUNT

4002 12 Months OPTION OY4 Logistics support_JS

FFP

Per attached Performance Work Statement (PWS).

UNIT UNIT PRICE MAX AMOUNT

4003 12 Months OPTION Base Year Logistics support_ PBMO

FFP

Per attached Performance Work Statement (PWS).

UNIT UNIT PRICE MAX AMOUNT

4004 20,000 Each OPTION OY4 Surge support_ PMB

FFP

Per attached Performance Work Statement (PWS) section 1.4.1 Surge Support Services. In accordance with section 1.4.1.1.3 The Contractor shall prepare a detailed proposal; including a work plan and a cost proposal, including submittals for approval within two (2) days using the firm fixed price from the Labor Category Pricing Schedule.

UNIT UNIT PRICE MAX AMOUNT

4005 12,000 Each OPTION OY4 Surge support_JS

FFP

Services. In accordance with section 1.4.1.1.3 The Contractor shall prepare a detailed proposal; including a work plan and a cost proposal, including submittals for approval within two (2) days using the firm fixed price from the Labor Category Pricing Schedule.

UNIT UNIT PRICE MAX AMOUNT

5001 6 Months 6 month Extension Logistics support_ PMB

FFP

NOTE: Pricing Purpose for FAR 52.217-8- Option to Extend Services--Six (6) month extension. Per attached Performance Work Statement (PWS).

UNIT UNIT PRICE MAX AMOUNT

5002 6 Months 6 month Extension Logistics support_ JS

FFP

NOTE: Pricing Purpose for FAR 52.217-8- Option to Extend Services--Six (6) month extension. Per attached Performance Work Statement (PWS).

UNIT UNIT PRICE MAX AMOUNT

5003 6 Months 6 month Extension Logistics support PBMO

FFP

NOTE: Pricing Purpose for FAR 52.217-8- Option to Extend Services--Six (6) month extension. Per attached Performance Work Statement (PWS).

UNIT UNIT PRICE MAX AMOUNT

5004 20,000 Each 6 month Extension Surge support_PMB

FFP

NOTE: Pricing Purpose for FAR 52.217-8- Option to Extend Services--Six (6) month extension. Per attached Performance Work Statement (PWS).

UNIT UNIT PRICE MAX AMOUNT

5005 6,000 Each 6 month Extension Surge support_ JS

FFP

NOTE: Pricing Purpose for FAR 52.217-8- Option to Extend Services--Six (6) month extension. Per attached Performance Work Statement (PWS).

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER

VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$20,000.00

$12,000.00

$6,000.00

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

SEE ATTACHMENT J-C1 PERFORMANCE WORK STATEMENT (PWS)

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 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government 5001 Destination Government Destination Government 5002 Destination Government Destination Government 5003 Destination Government Destination Government 5004 Destination Government Destination Government 5005 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 12-NOV-2020 TO

31-JUL-2021

N/A WHS/FSD/OPS/SPACE PORTFOLIO MGMT

DIV

DARRYL DIGGS

1155 DEFENSE PENTAGON SUITE 2B912

WASHINGTON DC 20301

703-695-2506

HQ0195

0002 POP 12-NOV-2020 TO

31-JUL-2021

N/A JSC DOM/JSSSO

MAXIMO MENDOZA

ROOM 1D833

PENTAGON DC 20318

703-693-7672

H91269

0003 POP 12-NOV-2020 TO

N/A WHS/FSD/OPS/FFD/PENTAGON BLDG

MNT OFFICE

DAVID BROWN

PENTAGON BUILDING MANAGEMENT

OFFICE

ROOM 2E1040 PENTAGON BUILDING

WASHINGTON DC 20301-1155

703-697-7351

HQ0015

0004 POP 12-NOV-2020 TO

N/A WHS/FSD/OPS/SPACE PORTFOLIO MGMT

DIV

DARRYL DIGGS

1155 DEFENSE PENTAGON SUITE 2B912

WASHINGTON DC 20301

703-695-2506

0005 POP 12-NOV-2020 TO

N/A JSC DOM/JSSSO

MAXIMO MENDOZA

ROOM 1D833

PENTAGON DC 20318

703-693-7672

1001 POP 01-AUG-2021 TO

31-JUL-2022

N/A WHS/FSD/OPS/SPACE PORTFOLIO MGMT

DIV

DARRYL DIGGS

1155 DEFENSE PENTAGON SUITE 2B912

WASHINGTON DC 20301

703-695-2506

1002 POP 01-AUG-2021 TO

N/A JSC DOM/JSSSO

MAXIMO MENDOZA

ROOM 1D833

PENTAGON DC 20318

703-693-7672

1003 POP 01-AUG-2021 TO

N/A WHS/FSD/OPS/FFD/PENTAGON BLDG

MNT OFFICE

DAVID BROWN

PENTAGON BUILDING MANAGEMENT

OFFICE

ROOM 2E1040 PENTAGON BUILDING

WASHINGTON DC 20301-1155

703-697-7351

1004 POP 01-AUG-2021 TO

N/A WHS/FSD/OPS/SPACE PORTFOLIO MGMT

DIV

DARRYL DIGGS

1155 DEFENSE PENTAGON SUITE 2B912

WASHINGTON DC 20301

703-695-2506

1005 POP 01-AUG-2021 TO

N/A JSC DOM/JSSSO

MAXIMO MENDOZA

ROOM 1D833

PENTAGON DC 20318

703-693-7672

2001 POP 01-AUG-2022 TO

31-JUL-2023

N/A WHS/FSD/OPS/SPACE PORTFOLIO MGMT

DIV

DARRYL DIGGS

1155 DEFENSE PENTAGON SUITE 2B912

WASHINGTON DC 20301

703-695-2506

2002 POP 01-AUG-2022 TO

N/A JSC DOM/JSSSO

MAXIMO MENDOZA

ROOM 1D833

PENTAGON DC 20318

703-693-7672

2003 POP 01-AUG-2022 TO

N/A WHS/FSD/OPS/FFD/PENTAGON BLDG

MNT OFFICE

DAVID BROWN

PENTAGON BUILDING MANAGEMENT

OFFICE

ROOM 2E1040 PENTAGON BUILDING

WASHINGTON DC 20301-1155

703-697-7351

2004 POP 01-AUG-2022 TO

N/A WHS/FSD/OPS/SPACE PORTFOLIO MGMT

DIV

DARRYL DIGGS

1155 DEFENSE PENTAGON SUITE 2B912

WASHINGTON DC 20301

703-695-2506

2005 POP 01-AUG-2022 TO

N/A JSC DOM/JSSSO

MAXIMO MENDOZA

ROOM 1D833

PENTAGON DC 20318

703-693-7672

3001 POP 01-AUG-2023 TO

31-JUL-2024

N/A WHS/FSD/OPS/SPACE PORTFOLIO MGMT

DIV

DARRYL DIGGS

1155 DEFENSE PENTAGON SUITE 2B912

WASHINGTON DC 20301

703-695-2506

3002 POP 01-AUG-2023 TO

N/A JSC DOM/JSSSO

MAXIMO MENDOZA

ROOM 1D833

PENTAGON DC 20318

703-693-7672

3003 POP 01-AUG-2023 TO

N/A WHS/FSD/OPS/FFD/PENTAGON BLDG

MNT OFFICE

DAVID BROWN

PENTAGON BUILDING MANAGEMENT

OFFICE

ROOM 2E1040 PENTAGON BUILDING

WASHINGTON DC 20301-1155

703-697-7351

3004 POP 01-AUG-2023 TO

N/A WHS/FSD/OPS/SPACE PORTFOLIO MGMT

DIV

DARRYL DIGGS

1155 DEFENSE PENTAGON SUITE 2B912

WASHINGTON DC 20301

703-695-2506

3005 POP 01-AUG-2023 TO

N/A JSC DOM/JSSSO

MAXIMO MENDOZA

ROOM 1D833

PENTAGON DC 20318

703-693-7672

4001 POP 01-AUG-2024 TO

31-JUL-2025

N/A WHS/FSD/OPS/SPACE PORTFOLIO MGMT

DIV

DARRYL DIGGS

1155 DEFENSE PENTAGON SUITE 2B912

WASHINGTON DC 20301

703-695-2506

4002 POP 01-AUG-2024 TO

N/A JSC DOM/JSSSO

MAXIMO MENDOZA

ROOM 1D833

PENTAGON DC 20318

703-693-7672

4003 POP 01-AUG-2024 TO

N/A WHS/FSD/OPS/FFD/PENTAGON BLDG

MNT OFFICE

DAVID BROWN

PENTAGON BUILDING MANAGEMENT

OFFICE

ROOM 2E1040 PENTAGON BUILDING

WASHINGTON DC 20301-1155

703-697-7351

4004 POP 01-AUG-2024 TO

N/A WHS/FSD/OPS/SPACE PORTFOLIO MGMT

DIV

DARRYL DIGGS

1155 DEFENSE PENTAGON SUITE 2B912

WASHINGTON DC 20301

703-695-2506

4005 POP 01-AUG-2024 TO

N/A JSC DOM/JSSSO

MAXIMO MENDOZA

ROOM 1D833

PENTAGON DC 20318

703-693-7672

5001 POP 01-AUG-2025 TO

31-JAN-2026

N/A WHS/FSD/OPS/SPACE PORTFOLIO MGMT

DIV

DARRYL DIGGS

1155 DEFENSE PENTAGON SUITE 2B912

WASHINGTON DC 20301

703-695-2506

5002 POP 01-AUG-2025 TO

N/A JSC DOM/JSSSO

MAXIMO MENDOZA

ROOM 1D833

PENTAGON DC 20318

703-693-7672

5003 POP 01-AUG-2025 TO

N/A WHS/FSD/OPS/FFD/PENTAGON BLDG

MNT OFFICE

DAVID BROWN

PENTAGON BUILDING MANAGEMENT

OFFICE

ROOM 2E1040 PENTAGON BUILDING

WASHINGTON DC 20301-1155

703-697-7351

5004 POP 12-SEP-2024 TO

11-MAR-2025

N/A WHS/FSD/OPS/SPACE PORTFOLIO MGMT

DIV

DARRYL DIGGS

1155 DEFENSE PENTAGON SUITE 2B912

WASHINGTON DC 20301

703-695-2506

5005 POP 01-AUG-2025 TO

N/A JSC DOM/JSSSO

MAXIMO MENDOZA

ROOM 1D833

PENTAGON DC 20318

703-693-7672

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984

Section G - Contract Administration Data

252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013

CLAUSES INCORPORATED BY FULL TEXT

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

(End of clause)

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H.1 COMPLIANCE WITH PENTAGON REGULATIONS & PERFORMANCE OF WORK ON

GOVERNMENT PREMISES

H.2 EXERCISE OF OPTIONS

H.3 INFORMATION - PUBIC RELEASE, PROTECTION OF AND NONDISCLOSURE

AGREEMENTS

H.4 INSURANCE

H.5 ORGANIZATIONAL CONFLICT OF INTEREST

H.6 IDENTIFICATION OF EMPLOYEES & IDENTIFICATION OF WRITTEN

H.7 SUBSTITUTION OF KEY PERSONNEL

H.8 TASK ORDER PROCEDURE

H.9 WORK PROCESSED VIA GOVERNMENT PURCHASE CARD

H.1 COMPLIANCE WITH PENTAGON REGULATIONS & PERFORMANCE OF WORK ON

GOVERNMENT PREMISES

i. 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 Contracting Officer, who will provide such information or assist in obtaining it from the appropriate authorities.

ii. 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.2 EXERCISE OF OPTIONS

In accordance with FAR 52.217-9, "Option to Extend the Term of the Contract", as applicable, the Government is not obligated to exercise any of the options in this contract. The Government, however, reserves the right to exercise one or more options any time after contract award, but not later than the time frames specified in Section I.

H.3 INFORMATION - PUBLIC RELEASE, PROTECTION OF AND NONDISCLOSURE

AGREEMENTS

i. Information pertaining to this contract shall not be released to the public except as authorized by the Contracting Officer in accordance with DFARS 252.204-7000, Disclosure of Information. Requests for approval to release information pertaining to this contract shall be submitted to the Contracting Officer.

(a) Definitions. As used in this clause only:

(1) Protected Information and Computer Software means, unless specifically excluded by paragraph (2) below, all information and computer software, in any form or media, that in the course of performing work under this contract are disclosed to the Contractor, its subcontractors, or their employees, or to which those persons otherwise are given access to, by (i) WHS, (ii) other government agencies, (iii) foreign governments or (iv) other contractors while directly supporting WHS, which is accompanied by written legends identifying use or disclosure restrictions or disclosed under circumstances that the Contractor knows are subject to use or disclosure restrictions established in writing by the Government.

(2) Protected Information and Computer Software does not include information that:

i. Has been released to the general public through no action of the undersigned in breach of this agreement or through no action of any other party in breach of any other obligation of confidentiality owing to the Government or the owner of the protected information or computer software;

ii. Has been lawfully obtained by the recipient outside the course of the performance of this contract;

iii. Has been properly licensed or provided directly by the owner (or other authorized source) of the information or computer software to the recipient to the extent so licensed or provided;

iv. Is owned by the recipient or was developed independently of the disclosure hereunder;

v. Has been used or disclosed by the recipient in response to an order of a court or administrative body of competent jurisdiction to the extent permitted by that authority; or

vi. Has been disclosed to the recipient by the Government who has explicitly authorized the recipient to use or disclose the information for another purpose, to the extent so authorized.

(b) Use and disclosure restrictions. The Contractor shall use and disclose Protected Information and Computer Software only as necessary for the performance of the requirements of this contract. Protected Information and Computer Software may not be used or disclosed for any other purpose, including bid or proposal preparation or business marketing, without the written approval of the Contracting Officer. Furthermore, unless otherwise directed by the Contracting Officer, the Contractor shall comply with all restrictions set forth in any legends, licenses or instructions provided to the Contractor or accompanying Protected Information and Computer Software or other written directives of the Government known to the Contractor. The use and disclosure obligations imposed by this paragraph shall expire as follows:

(1) There shall be no expiration date for the following Protected Information and Computer Software:

(i) Technical data or computer software containing Limited Rights, Restricted Rights, Government Purpose

Rights, Special License Rights, or Unlimited Rights legends;

(ii) Information or software marked Limited Distribution (LIMDIS);

(iii) Information or software marked Source Selection Information;

(iv) Contract proposal information marked pursuant to FAR 52.215-1(e) limiting its use for proposal evaluation purposes only; (v) information and computer software marked Contractor Proprietary or a similar legend;

(v) Data known by the Contractor to be protected by the Privacy Act; and (vii) information and software marked For Official Use Only (FOUO).

(2) For other information or software accompanied at time of disclosure by a written legend identifying use or disclosure restriction time periods, the expiration date shall be as stated in or derived from the legend.

(3) For all other Protected Information and Computer Software, the expiration date shall be 3 years from the date the information or software is first disclosed to the Contractor.

(c) Unauthorized Use or Disclosure. The Contractor shall immediately notify the Contracting Officer of any unauthorized use or disclosure known by the Contractor of Protected Information and Computer Software in violation of the obligations contained in this clause.

(d) Disposition. At the conclusion of performance of work under this contract, the Contractor shall immediately return to the Government all Protected Information and Computer Software in its possession. Furthermore, if an employee of the Contractor who has had access to Protected Information and Computer Software is terminated or reassigned and thus is no longer performing work under this contract, the Contractor shall immediately return all Protected Information and Computer Software in the employee's possession. In lieu of returning Protected Information and Computer Software, the Contracting Officer or Contracting Officer's representative may authorize the destruction of the information or the transfer of the information to another employee of the Contractor working under the contract. Finally, this clause shall not be interpreted as preventing the Contractor from retaining records required by statutes or other clauses of this contract, such as FAR 52.215-2 Audit and Records--Negotiations.

(e) Third party beneficiaries. This clause is executed for the benefit of the Government and the owners of Protected Information and Computer Software. The Government and the owners of Protected Information and Computer Software (and their delegates, successors and assignees) are third party beneficiaries of the above obligations who may have additional legal rights not specified in this clause.

(f) Duration. The above obligations imposed by this clause shall survive the termination or completion of this contract.

(g) Classified Information. This clause is in addition to and in no manner abrogates requirements, obligations or remedies regarding the protection of classified information and does not supersede the requirements of any laws, regulations, other directives or nondisclosure agreements regarding classified information.

(h) Other Restrictions. This agreement does not abrogate any other obligations currently placed upon the Contractor or which may be imposed upon the Contractor in the future by the Government or other persons; or remedies afforded those persons regarding those obligations.

(i) Nondisclosure agreements. The Contractor shall require and ensure that each of its employees who may receive or be given access to Protected Information and Computer Software signs the nondisclosure agreement attached to this contract prior to the employee performing work under this contract covered by the nondisclosure agreement.

The Contractor shall maintain copies of signed nondisclosure agreements for a period of at least three years after final payment under this contract. At the direction of the Contracting Officer, the Contractor shall make those agreements available for inspection by the Contracting Officer and will furnish the Contracting Officer copies of those agreements at no additional cost to the Government if requested by the Contracting Officer.

(j) The Contractor shall include the substance of this clause in all subcontracts under this contract in which subcontractors may be disclosed or granted access to Protected Information and Computer Software.

H.4 INSURANCE

i. In accordance with the contract clause entitled “Insurance - Work on a Government Installation”, FAR 52.228-5, the contractor shall acquire and maintain during the entire performance period of this contract, insurance of at least the following kinds and minimum amounts as set forth below:

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 per occurrence/ $100,000.00 per person

ii. 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.

iii. Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer 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 Contracting Officer.

iv. The Contractor agrees to insert the substance of this clause, including this paragraph, in all subcontracts hereunder.

H.5 ORGANIZATIONAL CONFLICT OF INTEREST (OCI) DISCLOSURE

i. 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.

ii. Definition – In this clause:

a) "Contractor" means the firm signing this contract;

b) "Supplier" means any firm engaged in or having a known or prospective interest in the programs that are identified in the statement of work of this contract;

c) "Affiliates" means employees or officers of the Contractor and first tier subcontractors involved in the performance of this contract, or in the decision making process concerning this contract.

d) "Interest" means organizational or financial interest

e) "Term of this Contract" means the period of performance plus any extensions thereto.

iii. Warranty Against Existing Conflicts of Interest

a) The Contractor warrants that it and its affiliates do not have any contracts with or any substantial interest in the system suppliers identified in the statement of work of this contract.

b) The Contractor recognizes that during the term of this contract additional programs may be identified and added to the statement of work of this contract as a result of contract modifications. In such event, the

Contract agrees to immediately disclose to the Government information concerning any contract or interest between the contractor and its affiliates and any system supplier if the contract or interest arises during the term of this contract.

c) The Contracting Officer shall have the sole discretion to determine whether a potential organizational conflict of interest exists concerning any interest or contract that arises or is identified during the term of this contract. The Contracting Officer may take such steps as are necessary in the best interest of the Government to eliminate potential conflict of interest.

iv. Restrictions on Contracting

The Contractor further agrees that neither it nor its affiliates will conduct a review not make recommendations under this contract concerning any item which is the product of work performed by the Contractor or its affiliates under any other contract.

v. Non-Disclosure of Proprietary Data

Certain information of a proprietary nature may be submitted to the Government by Other Government Contractors.

While performing under this contract, the prime contractor and any subcontractor may receive this information. The prime contractor and any subcontractors agree to use and examine this information exclusively in the performance of this contract and to take the necessary steps to prevent disclosure of such information to any party outside the Government, as long as it remains proprietary. The Contractor and the subcontractors agree to indoctrinate their affiliates who will have access to this information as to the proprietary nature of the information and the relationship under which they have possession of the information. Affiliates will also be informed that they may not engage in any other action, venture or employment where this information may be used for profit of any party other than the party furnishing this information. Additionally, the Contractor and subcontractor agree to execute agreements to this effect with companies providing proprietary data for performance under this contract. The Contractor and subcontractors will restrict access to proprietary information to the minimum number of employees for performance of this contract.

vi. Government Remedy

The Contractor agrees that any breach or violation of the warranties, restrictions, disclosures, or non-disclosures set forth in this conflict of interest clause shall constitute a material and substantial breach of terms, conditions, and provisions of the contract and that the Government may, in additional to…

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