SF1449.pdf

ATTENTION OFFEROR

The U.S. Coast Guard Shore Infrastructure Logistics Center (SILC) invites you to submit a proposal, via the Acquisition of Commercial Items and Contracting by Negotiation procedures (Federal Acquisition Regulation (FAR) Parts 12 & 15), to provide commercial Fire Protection System Maintenance Services at U.S. Coast Guard Air Station Sacramento, McClellan, CA.

This is a Sole Source requirement under FAR Part 6.302, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

The North American Industry Classification System (NAICS) code is 561621 (Security System Services (Except Locksmiths).

These services are being solicited under Request for Proposal (RFP) HSCG84-16-R-LAS020.

Any amendments to the solicitation will be sent to Diane Milanese POC for McClellan Business Park, LLC (MBP) at dmilanese@mcclellanjetservices.com. The offeror must respond to all amendments to the solicitation.

If the Offeror would like to arrange a site visit please contact Hillary Heard, Contract Specialist.

Please read the entire document and submit One (1) Original, Two (1) Copy, and One

(1) Electronic copy per the instructions on page 30 of the SF1449 Continuation Pages, the signed proposal and any additional documentation to:

Commanding Officer (COB2)

USCG SILC BSS

ATTN: Hillary Heard (COB2W) Coast Guard Island, Bldg. 54C

Alameda, CA 94501 Email: Hillary.P.Heard@uscg.mil

Remember to complete all prices; submit required information; complete required certifications and provisions, and acknowledge all amendments to the solicitation.

***Proposal is due by 3 p.m. September 15, 2016***

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for reasons of unusual and compelling urgency or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program shall be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

The Ombudsman Hotline telephone number is (202) 475-5786.

C-1 https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html mailto:OPAP@uscg.mil

Fire Protection System Maintenance Services HSCG84-16-R-LAS016 Air Station Sacramento

OMBUDSMAN NOTICE COVER PAGE

SOLICITATION CONTRACT/ORDER FOR COMMERCIAL ITEMS 1

TABLE OF CONTENTS 2

I. CONTINUATION OF SF1449 - BLOCK 16/CONTRACT MANAGEMENT 11

II. CONTINUATION OF SF1449 - BLOCK 18B/INVOICE SUBMISSION 11

III. STANDARD FORM 1449, BLOCKS #19 THROUGH 24, SCHEDULE OF

SUPPLIES/SERVICES, CONTINUATION 13

IV. 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

(MAY 2015). 18

V. GENERAL CLAUSES 33

VI. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS

(JUN2016). 35

VII. CONTRACT ATTACHMENTS 43

Attachment 1 Performance Work Statement Technical Exhibits 1

Attachment 2 Performance Requirement Summary Attachment 3 DOL WD 2015-5631 Rev 1 Dated March 10 2016 Attachment 4 Quality Assurance Surveillance Plan (For Information Only)

VIII. FAR 52. 252-1—SOLCITATION PROVISIONS INCORPORATED BY 43

REFERENCE (Feb 1998)

IX. FAR 52.212-1 ADDENDUM - INSTRUCTIONS TO OFFERORS - COMERCIAL

ITEMS (OCT 2015) 49

X. 52.212-2 ADDENDUM - EVALUATION - COMERCIAL ITEMS (OCT 2014) 51

XI. 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS --

COMMERCIAL ITEMS (JULY 2016) 52

Fire Protection System Maintenance Services HSCG84-16-R-LAS020

I. Continuation of SF1449 – Block 16/Contract Management

Notwithstanding the Contractor’s responsibility for total management during the performance of the contract, the administration of the contract will require maximum coordination between the Government and the contractor. The individuals listed below will be the Government points of contact during the performance period as follows:

The U.S. Coast Guard, Shore Infrastructure Logistics Center (SILC), Commercial Support Services Contract Operations Branch (COB2 will perform all contract administration under this contract. The location of the Primary Contracting Officer, Alternate Contracting Officer, and Contract Specialist/Administrator for this contract is at Coast Guard Island, Bldg 54C, Alameda, CA 94501-5100 will perform all contract administration. Communication pertaining to contractual administrative matters shall be addressed to the one of the Contracting Officers listed below. Changes in, or deviation from, the scope of work will not be effected without a written modification to the contract as executed by a SILC Contracting Officer.

PRIMARY:

Contracting Officer: Elaine D. Rachko, Telephone No. 510-437-3047 Email: Elaine.D.Rachko@uscg.mil

ALTERNATE:

Contracting Officer: Michael T. Hassett, Telephone No. 510-437-3009 Email: Michael.T.Hassett@uscg.mil

The Contract Specialist/Administrator, //Hillary Heard//, Telephone No: 510-437-3760, serves as the point of contact between the Contractor and the Contracting Officer.

The Contracting Officer's Representative (COR) is a Government personnel designated in writing by the Contracting Officer to act as technical advisor for the Contracting Officer for items within the scope of the contract. The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the authorities and limitations of the COR under the contract. This person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.

Continuation of SF-1449 Block 17b: Remittance Address

Payment will be made by Electronic Funds Transfer (EFT) to the financial institution listed in the System for Award Management (SAM).

II. Continuation of SF1449 - Block 18b/Invoice Submission

Electronic submission of invoices is mandatory for this contract and/or any orders issued in accordance with this contract.

1. The Contractor shall submit invoices for services via Coast Guard Finance Center Website at:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

2. The web submission requires the contractor to complete the Invoice Receipt Cover

Form, select the Invoice Routing Code, and attach a PDF file of the invoice and any other supporting documentation.

3. A sample of the Invoice Receipt Cover Form is provided below. Mandatory information to be completed is highlighted in red on the website.

Invoice Routing Code:

SILC PCB-2

(help) Invoice Receipt Date:

MM/DD/YY

(help)

Contract Number: (help) Invoice Number: (help)

Requisition Number: (help) Invoice Date:

MM/DD/YY

(help)

Delivery/Task Order Number: (help) Invoice Amount:

0.00

(help)

Discount Terms:

00.00

Discount Days

Net Days (help)

Contractor Information Attachment of Official Invoice

Contractor Name: (help)

Submitter Name: (help)

Submitter Email: (help)

Submitter Phone: (help)

4. The Contractor must select the correct Invoice Routing Code for timely invoice processing. The Invoice Routing Code for this contract is SILC PCB-2.

5. The Contractor shall attach a single PDF file no larger than 3MB as the official invoice

6. Supporting documentation must be combined in a single PDF file or submitted to your contracting office separately via email. Supporting documentation must not exceed 999 pages.

7. A copy of the Invoice and Supporting documentation shall also be e-mailed to the Contracting Office and COR at the addresses cited below:

Hillary.P.Heard@uscg.mil; Kevin.L.Plylar@uscg.mil http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm mailto:Hillary.P.Heard@uscg.mil

III. ADDENDA – Schedule of Supplies/Services - Standard Form 1449, Blocks #19 through 24

Base Year: 01 October 2016 through 30 September 2017 The Contractor shall provide all management, labor, tools, supplies, parts, and equipment necessary to operate, repair, inspect, test, monitor (on a 24 hour/365 day cycle), and maintain existing contractor-owned fire protection systems, including: deluge systems, wet pipe sprinkler systems, foam water-dry pipe pre-action systems, fire pumps and associated diesel engine generators, and automatic fire alarm and alarm systems and all other associated external components of fire protections systems in accordance with the buildings listed in the Performance Work Statement and CG building percentage allocation found on page 34 of this solicitation.

Firm - Fixed Price Work:

Firm-Fixed Price (FFP) covers all recurring and preventive maintenance work.

Item No. Description QTY UNIT Unit Price Annual

Price 00001 Fire Protection System Maintenance

Services (Includes Plans and Reports)

12 MO $ $

Total Base Year CLIN 00001

Optional Work:

Optional Work covers all corrective maintenance and emergency work and will be issued by modification. The costs of materials, equipment, and subcontracts will be reimbursed at cost plus the following management fee percentage.

Management Fee

Continuation of SF1449 – Block 19 through 24, Schedule of Supplies/Services

Option Year One : 01 October 2017 through 30 September 2018 necessary to operate, repair, inspect, test, monitor (on a 24 hour/365 day cycle), and maintain existing contractor-owned fire protection systems, including: deluge systems, wet pipe sprinkler systems, foam water-dry pipe pre-action systems, fire pumps and associated diesel engine generators, and automatic fire alarm and alarm systems and all other associated external components of fire protections systems in accordance with the buildings listed in the Performance Work Statement and CG building percentage allocation found on page 34 of this solicitation

Firm - Fixed Price Work:

Firm-Fixed Price (FFP) covers all recurring and preventive maintenance work.

Item No. Description QTY UNIT Unit Price Annual

Price 10001 Fire Protection System Maintenance

Services (Includes Plans and Reports)

12 MO $ $

Total Base Year CLIN 10001

Optional Work:

Optional Work covers all corrective maintenance and emergency work and will be issued by

Option Year Two : 01 October 2018 through 30 September 2019 necessary to operate, repair, inspect, test, monitor (on a 24 hour/365 day cycle), and maintain existing contractor-owned fire protection systems, including: deluge systems, wet pipe sprinkler systems, foam water-dry pipe pre-action systems, fire pumps and associated diesel engine generators, and automatic fire alarm and alarm systems and all other associated external components of fire protections systems in accordance with the buildings listed in the Performance Work Statement and CG building percentage allocation found on page 34 of this solicitation.

Firm - Fixed Price Work:

Firm-Fixed Price (FFP) covers all recurring and preventive maintenance work.

Item No. Description QTY UNIT Unit Price Annual

Price 20001 Fire Protection System Maintenance

Services (Includes Plans and Reports)

12 MO $ $

Total Base Year CLIN 20001

Optional Work:

Optional Work covers all corrective maintenance and emergency work and will be issued by

Option Year Three : 01 October 2019 through 30 September 2020 necessary to operate, repair, inspect, test, monitor (on a 24 hour/365 day cycle), and maintain existing contractor-owned fire protection systems, including: deluge systems, wet pipe sprinkler systems, foam water-dry pipe pre-action systems, fire pumps and associated diesel engine generators, and automatic fire alarm and alarm systems and all other associated external components of fire protections systems in accordance with the buildings listed in the Performance Work Statement and CG building percentage allocation found on page 34 of the soliciation.

Item No. Description QTY UNIT Unit Price Annual

Price 30001 Fire Protection System Maintenance

Services (Includes Plans and Reports)

12 MO $ $

Total Base Year CLIN 30001

Optional Work:

Optional Work covers all corrective maintenance and emergency work and will be issued by

Option Year Four : 01 October 2020 through 30 September 2021 necessary to operate, repair, inspect, test, monitor (on a 24 hour/365 day cycle), and maintain existing contractor-owned fire protection systems, including: deluge systems, wet pipe sprinkler systems, foam water-dry pipe pre-action systems, fire pumps and associated diesel engine generators, and automatic fire alarm and alarm systems and all other associated external components of fire protections systems in accordance with the buildings listed in the Performance Work Statement and CG building percentage allocation on page 34 of the solicitation.

Item No. Description QTY UNIT Unit Price Annual Price

40001 Fire Protection System Maintenance Services (Includes Plans and Reports)

12 MO $ $

Total Base Year CLIN 40001

Optional Work:

Optional Work covers all corrective maintenance and emergency work and will be issued by

Continuation of SF1449, Block 27, FAR Clauses

IV. 52.212-4 Contract Terms and Conditions - Commercial Items. (MAY 2015).

Is incorporated in full text, and tailored as specified pursuant to FAR 12.302.

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

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.

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

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

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

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

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

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

(C) Affected contract line item or sub-line item, if applicable; and

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

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

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

33.211 if—

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

https://www.acquisition.gov/

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

FAR CLAUSE 52.212-4 is modified to add the following new subparagraphs:

(w) FAR Clause 52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 calendar days prior to expiration of contract.

(x) FAR Clause 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days of the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(y)FAR Clause 52.228-5 Insurance -- Work on a Government Installation (Jan 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective --

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(d) Addendum: In accordance with FAR 52.228-5, Insurance - Work on a Government Installation, the Contractor shall, upon notification of award and prior to commencing work under this contract, furnish the Contracting Officer with a Certificate of Insurance as evidence of the existence and in the amounts not less than those specified below. The Contractor shall maintain current insurance coverage throughout the life of this contract.

The Contractor shall not allow any coverage to lapse and shall provide evidence of continued coverage prior to expiration.

Minimum insurance coverage requirements:

PER PERSON PER OCCURRENCE

BODILY INJURY BODILY INJURY PROPERTY

Comprehensive General -------------- $500,000 --------- Automobile Liability $200,000 $500,000 $20,000 Workman's Compensation & Other (as required by Federal/State Law)

(z) FAR Clause 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

• Federal Acquisition Regulation (FAR): http://farsite.hill.af.mil/vffara.htm

• Homeland Security Acquisition Regulation (HSAR): http://farsite.hill.af.mil/vfhsara.htm http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfhsara.htm

Source Clause # Title Date

FAR 52.203-17

Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights (DHS-USCG DEVIATION 14-01) Sept 2013

FAR 52.204-4

Printed or Copied Double Sided on Postconsumer Fiber Content May 2011

FAR 52.204-9

Personal Identity Verification of Contractor Personnel Jan 2011

FAR 52. 204-19

Incorporation by Reference of Representations and Certifications Dec 2014

FAR 52.223-2

Affirmative Procurement of Biobased Products Under Service And Construction Contracts. Sep 2013

FAR 52.223-3

Hazardous Material Identification and Material Safety Data Alternate I (Jul 1995) Jan 1997

FAR 52.223-5

Pollution Prevention and Right-to-Know Information May 2011

FAR 52.223-10 Waste Reduction Program May 2011 FAR 52.232-18 Availability of Funds Apr 1984

FAR 52.232-40

Providing Accelerated Payments to Small Business Subcontractors Dec 2013

FAR 52.237-2

Protection of Government Buildings, Equipment and Vegetation Apr 1984

FAR 52.237-3 Continuity of Services Jan 1991 FAR 52.242-13 Bankruptcy Jul 1995 FAR 52.245-9 Use and Charges Apr 2012 HSAR 3052.222-90 Local Hire Jun 2006

HSAR 3052.223-70

Removal or disposal of hazardous substances – applicable licenses and permits (Fill in: within 10 days after date of award) Jun 2006

HSAR 3052.223-90 Accident and Fire Reporting Dec 2003

(aa) FAR Clause 52.252-6 – Authorized Deviations in Clause (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Homeland Security Acquisition Regulation. (48 CFR Chapter 3001) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(ab) HSAR Clause 3052.209-70 Prohibition on Contracts with Corporate Expatriates

(JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108- 7003;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108- 7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108- 7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

(ac) HSAR Clause 3052.212.70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (Sep 2010)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions.

None Apply

(b) Clauses.

_X__3052.204-71 Contractor Employee Access.

_X__3052.205-70 Advertisement, Publicizing Awards, and Releases.

____3052.215-70 Key Personnel or Facilities.

_X__3052.228-70 Insurance.

_X__3052.242-72 Contracting Officer’s Representative.

(End of clause)

(ad) HSAR Clause 3052.236.70 Special Precautions for Work at Operating Airports (Dec 2003)

(a) When work is to be performed at an operating airport, the Contractor must arrange its work schedule so as not to interfere with flight operations. Such operations will take precedence over construction convenience. Any operations of the Contractor which would otherwise interfere with or endanger the operations of aircraft shall be performed only at times and in the manner directed by the Contracting Officer. The Government will make every effort to reduce the disruption of the Contractor's operation.

(b) Unless otherwise specified by local regulations, all areas in which construction operations are underway shall be marked by yellow flags during daylight hours and by red lights at other times.

The red lights along the edge of the construction areas within the existing aprons shall be the electric type of not less than 100 watts intensity placed and supported as required. All other construction markings on roads and adjacent parking lots may be either electric or battery type lights. These lights and flags shall be placed so as to outline the construction areas and the distance between any two flags or lights shall not be greater than 25 feet. The Contractor shall provide adequate watch to maintain the lights in working condition at all times other than daylight hours. The hour of beginning and the hour of ending of daylight will be determined by the Contracting Officer.

(c) All equipment and material in the construction areas or when moved outside the construction area shall be marked with airport safety flags during the day and when directed by the Contracting Officer, with red obstruction lights at nights. All equipment operating on the apron, taxiway, runway, and intermediate areas after darkness hours shall have clearance lights in conformance with instructions from the Contracting Officer. No construction equipment shall operate within 50 feet of aircraft undergoing fuel operations. Open flames are not allowed on the ramp except at times authorized by the Contracting Officer.

(d) Trucks and other motorized equipment entering the airport or construction area shall do so only over routes determined by the Contracting Officer. Use of runways, aprons, taxiways, or parking areas as truck or equipment routes will not be permitted unless specifically authorized for such use. Flag personnel shall be furnished by the Contractor at points on apron and taxiway for safe guidance of its equipment over these areas to assure right of way to aircraft. Areas and routes used during the contract must be returned to their original condition by the Contractor.

Airport management shall establish the maximum speed allowed at the airport. Vehicles shall be operated so as to be under safe control at all times, weather and traffic conditions considered.

Vehicles must be equipped with head and taillights during the hours of darkness.

( ae) HSAR 3052.247-72 F.O.B. DESTINATION ONLY (DEC 2003)

Offers are invited on the basis of f.o.b. destination only. Offers submitted on any other basis will be rejected as nonresponsive.

(af) DHS Class HSAM Deviation, Limitation of Government’s Obligation (27 SEP 2011)

The following clause provides for incremental funding and is a deviation to HSAM 3032.702(e).

It is applicable during the potential event of a continuing resolution to fund government operations enacted by Congress until the regular appropriation is enacted. It would be applicable in this event during the base or any option period exercised.

(a) Contract line item(s) listed below are incrementally funded or fully funded as shown in the below table. For these item(s), the sum of $ * of the total price is presently available for payment and allotted to this contract. This funding table will be updated in each contract action that provides additional funds, if any. . (Amounts below will be added by each incremental funding modification when issued)

CLIN

CC

CLIN CLIN Price

Currently Allotted Funding

Funds Required for Complete Funding

Contract Totals $3,700,000 $2,200,000 $1,500,000

(b) For item(s) identified in paragraph (a) as not fully funded, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement of authorized termination costs in the event of termination of those item(s) for the Government’s convenience, does not exceed the total amount currently allotted to the items not fully funded under the contract.