HSHQEC-12-R-00006.pdf

U.S. Department of Homeland Security Washington, DC 20528

SOLICITATION/CONTRACT FOR COMMERCIAL ITEMS

HSHQEC-12-R-00006

December 2011

Solicitation/Contract for Commercial Items

TABLE OF CONTENTS

Notice to Offerors

Standard Form 1449

Pricing Schedule

Section C - Contract Clauses

- FAR 52.212-4, Contract Terms and Conditions – Commercial Items

- Addendum to FAR 52.212-4

- Supplemental Contract Clauses

- FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes and Executive Orders

Section D - List of Contract Documents, Exhibits and Attachments

• Statement of Work (Attachment 1)

• Post Exhibits (Attachment 2)

• Past Project Form (Attachment 3)

• Past Performance Questionnaire (Attachment 4)

• Department of Labor Wage Determination(s) (Attachment 5)

• Price Element Breakdown (Attachment 6)

• Award Approval Request (Attachment 7)

• Non-Disclosure Form 11000-6 (Attachment 8)

• Supervisory Post Exhibit (Attachment 9)

• Seniority List (Attachment 10)

Section E - Solicitation Provisions

• FAR 52.252-1, Solicitation Provisions Incorporated by Reference

• FAR 52.212-1, Instructions to Offerors

• FAR 52.212-2, Evaluation – Commercial Items (Tailored)

• FAR 52.212-3, Offeror Representations and Certifications – Commercial Items

• FAR 52.209-5, Certification Regarding Responsibility Matters

A. All proposals are due by 1:00pm EST, on March 23, 2012. All proposals shall be made via hard copy to:

U.S. Department of Homeland Security Federal Protective Service Office of Procurement Operations 701 Market Street – Suite 3200 Philadelphia, PA 19106 Attn: Lauren Walding

B. All questions regarding this solicitation are due by 1:00pm EST, on March 16, 2012. Submit all questions in writing to Lauren Walding via email Lauren.Walding@dhs.gov.

C. This acquisition is set-aside for 8(a) Small Business.

D. For copy of the post exhibits, please submit a completed non-disclosure form (11000-6) and submit the form to Lauren Walding via email Lauren.Walding@dhs.gov . This form is under Attachment 8 of this solicitation.

E. There are multiple CBAs covering the Protective Security Officers (PSO). Please refer to the attached CBAs which correspond to the different locations.

-Prospective Offerors- In support of the referenced Request for Proposal, the Department of Homeland Security (DHS), Federal Protective Service (FPS) is conducting a PRE-PROPOSAL CONFERENCE which will be held as follows:

-Date & Time- March 13, 2012 at 10:00am EST Prospective contractors should congregate in the lobby and will be escorted to the meeting room.

The meeting will begin promptly at 10:00 am and is expected to continue for approximately one

(1) hour.

Location-Mellon Independence Center, 701 Market Street, Suite 3200 Philadelphia, PA 19106. There are 2 side entrances to our building, one on 7th and one on 8th-both with blue awnings that display the “Ross” store sign. Once you enter from either entrance, walk directly to the center of the building by the atrium. You will see the entrance to the office spaces there (do not be alarmed that you will not see Federal Protective Service displayed on the Marquis). Enter and go to the guard desk.

mailto:Lauren.Walding@dhs.gov

Security-Employees will need to go through security once you get into the building.

Photo ID will be required to gain access into the building. Please plan to arrive at the building at least thirty minutes before the conference to allow for the security process.

Purpose- The purpose of the pre-proposal conferences is to provide a briefing on the contracting concept, the scope of the work and the exhibits, so that offerors can ascertain the general conditions that could materially affect the proposal price. We consider attendance at these conferences vital to the preparation of a competitive and cost effective proposal and to understand the total result desired by the Government. Therefore, attendance at the pre-proposal conference is strongly recommended for all Contractors. Note that this is a 8(a) small business set-aside and only interested parties should attend.

Contractors are required to notify Lauren Walding via email at Lauren.Walding@dhs.gov, telephone (215) 521-2279, with the names of the individuals who will attend the conference.

Notification must be sent prior to 3:00 pm EST on 03/09/2012. If you can not physically attend the pre-proposal conference a conference call in phone number will be provided, please email Lauren.Walding@dhs.gov for the conference call in number.

The following information is provided for informational purposes only:

1. Questions will only be considered from interested parties (i.e. 8(a) Small Businesses in

NAICS 561612)

2. Before asking any questions, please read the solicitation completely and carefully.

3. The seniority list for the current Contracts is attached.

4. An excel version of Attachment 6- Price Element Breakdown is attached. It is required to include a breakdown of the pricing by specific building. The Government does not guarantee that the formulas within the spreadsheet are correct. If contractors choose to use the spreadsheet, they should check all calculations for accuracy.

5. An excel version of the Onsite Supervisory Post Exhibit is attached.

6. With regard to questions concerning the CBAs, the Government will not interpret provisions of these documents for potential offerors. Where applicable, requests for wage adjustments pursuant to FAR 52.222-43 will be considered where requested and substantiated subsequent to the yearly anniversary date of the contract.

7. Reference subsection E-2, section (C) Staffing in the solicitation, failing to price out relief in accordance with this section will result in your price being determined to be unrealistic for this requirement.

8. With regard to questions concerning the training of incumbent PSOs, while the incumbent PSOs meet the training requirements of the current contract, there are some additional and/or changed requirements under the solicited effort. Some of these differences include, but are not limited to, the following:

●Current contracts do not require body armor or OC Spray

In addition, PSOs will have to qualify with their individually assigned weapon semi-annually.

The current Contracts require annual qualification. All contract PSO personnel must meet the requirements of the solicitation before they can work under the new awarded contract. The current Contracts require the 9mm handgun.

9. With regard to questions concerning medical standards, note that the instant solicitation’s requirements differ from the requirements in the current Contracts. All contract PSO personnel must meet all the requirements of the solicitation before they can work under the new awarded contract.

10. With regard to questions concerning the incumbent PSO training records, vendors are on notice that the incumbent contractor maintains all such records, and it is the successor contractor’s responsibility to obtain these records from the incumbent.

11. With regard to questions concerning potential site visits, site visits will not be provided to potential offerors.

12. With regard to questions concerning GSA Schedules, the following applies: This RFP is not for a GSA Schedule acquisition conducted in accordance with FAR 8.4; therefore, offerors are not required to have a GSA Contract and the Industrial Funding Fee (IFF) does not apply.

Notice to Offerors

13. With regard to questions concerning weapon storage, there are areas designated for weapon storage at most or all of the sites under this effort. Space for the contractor personnel will be at the discretion of the individual agencies as well as use of computers, fax machines, etc.

14. Please include your representations and certification as well as the SF 1449 and signed amendments with your price proposal. Continuation pages for the Past Project forms do not count against the page limitations.

15. Please note that all supervisory personnel shall be trained, uniformed, equipped and armed per the contract requirements.

16. Proposal Page Limitation- Excluding the cover page and past performance forms and questionnaires, the technical proposal (covering all non price factors) is limited to 15 pages.

Pages in excess of this limitation will not be evaluated.

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

OPO/FPS/EACCG/R11/C

Philadelphia PA 19106

701 Market Street, Suite 3200 Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security NPPD/FPS/East CCG/Region 11/Group C

CODE 16. ADMINISTERED BYCODE

X

X

561612

SIZE STANDARD:

100.00% FOR:SET ASIDE:UNRESTRICTED OR

OPO/FPS/EACCG/R11/C

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

ET215-521-2252Lauren Walding (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

HSHQEC-12-R-00006

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEM 1. REQUISITION NUMBER PAGE OF

1 12 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Attn: Lauren Walding

TELEPHONE NO.

17a. CONTRACTOR/

Multiple Destinations

15. DELIVER TO

Philadelphia PA 19106 Attn: Lauren Walding 701 Market Street, Suite 4200 Ofc. of Procurement Operations - FP U.S. Dept. of Homeland Security

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$18.5

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

HUBZONE SMALL

BUSINESS

EMERGING SMALL

BUSINESS

8(A)X

NPPD/FPS/East CCG/Region 11/Group C

SOLE SOURCE

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This requirement is for Protective Security Officer (PSO) services at the following described locations in Maryland:

(1) 6000 Ammendale Road, Beltsville, MD (MD0758)

(2) 1515 Cabin Branch Road, Landover, MD (MD0813)

(3) 6351 Ammendale Road, Beltsville, MD (MD0759)

The Government intends to award a Requirements contract with fixed monthly amounts from this solicitation utilizing FAR Part 12 procedures.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

MICHELLE DUFFY

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS

NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 3/2005) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Attached Wage Determinations:

CBA 2008-2516-Rev 1-Collective Bargaining

Agreement between Jenkins Security Consultants, Inc. and the National Union of Protective

Services Association (Covers MD0758 and MD0813)

CBA 2009-3023-Collective Bargaining Agreement between SecTek, Inc. and the International Union of Security, Police, and Fire Professionals of

America (Covers MD0759)

Per FAR 52.216-18, orders under this resultant contract may be issued via electronic commerce methods.

Proposals shall be valid for a period of 120 days.

The Government is seeking monthly firm fixed pricing for all basic services CLINs and a fully burdened hourly labor rate for the TAS CLINs.

Questions related to this solicitation shall be directed to Lauren Walding via email at

Lauren.Walding@dhs.gov. Please read solicitation completely and carefully before submitting any questions.

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

12 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 12

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSHQEC-12-R-00006

NOTE: Quantities listed below are estimates only.

0001 BASE YEAR: Protective Security Services (PSO) at 10 MO 6000 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0758 ATF National Laboratory 6000 Ammendale Road Beltsville MD Period of Performance: 12/01/2012 to 09/30/2013

0002 BASE YEAR: Protective Security Services (PSO) at 10 MO 1515 Cabin Branch Road, Landover, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0813

CABIN BRANCH DISTRICT

1515 CABIN BRANCH DRIVE

LANDOVER MD

Period of Performance: 12/01/2012 to 09/30/2013

0003 BASE YEAR: Protective Security Services (PSO) at 10 MO 6351 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0759

BELTSVILLE WAREHOUSE

6407-9 AMMENDALE ROAD

BELTSVILLE MD

Period of Performance: 12/01/2012 to 09/30/2013

0004 BASE YEAR: Temporary Additional Services (TAS) at 200 HR 6000 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0758 ATF National Laboratory 6000 Ammendale Road Beltsville MD Period of Performance: 12/01/2012 to 09/30/2013

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

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(A) (B) (C) (D) (E) (F)

HSHQEC-12-R-00006

0005 BASE YEAR: Temporary Additional Services (TAS) at 200 HR 1515 Cabin Branch Road, Landover, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0813

CABIN BRANCH DISTRICT

1515 CABIN BRANCH DRIVE

LANDOVER MD

Period of Performance: 12/01/2012 to 09/30/2013

0006 BASE YEAR: Temporary Additional Services (TAS) at 200 HR 6351 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0759

BELTSVILLE WAREHOUSE

6407-9 AMMENDALE ROAD

BELTSVILLE MD

Period of Performance: 12/01/2012 to 09/30/2013

0007 Continuity of Operations Plan (COOP) 1 LO Implementation (NTE $10,000) Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD Period of Performance: 12/01/2012 to 09/30/2013

1001 OPTION 1: Protective Security Services (PSO) at 12 MO 6000 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0758 ATF National Laboratory 6000 Ammendale Road Beltsville MD Period of Performance: 10/01/2013 to 09/30/2014

1002 OPTION 1: Protective Security Services (PSO) at 12 MO 1515 Cabin Branch Road, Landover, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0813

CABIN BRANCH DISTRICT

1515 CABIN BRANCH DRIVE

Continued ...

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSHQEC-12-R-00006

LANDOVER MD

Period of Performance: 10/01/2013 to 09/30/2014

1003 OPTION 1: Protective Security Services (PSO) at 12 MO 6351 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0759

BELTSVILLE WAREHOUSE

6407-9 AMMENDALE ROAD

BELTSVILLE MD

Period of Performance: 10/01/2013 to 09/30/2014

1004 OPTION 1: Temporary Additional Services (TAS) at 200 HR 6000 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0758 ATF National Laboratory 6000 Ammendale Road Beltsville MD Period of Performance: 10/01/2013 to 09/30/2014

1005 OPTION 1: Temporary Additional Services (TAS) at 200 HR 1515 Cabin Branch Road, Landover, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0813

CABIN BRANCH DISTRICT

1515 CABIN BRANCH DRIVE

LANDOVER MD

Period of Performance: 10/01/2013 to 09/30/2014

1006 OPTION 1: Temporary Additional Services (TAS) at 200 HR 6351 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0759

BELTSVILLE WAREHOUSE

6407-9 AMMENDALE ROAD

BELTSVILLE MD

Period of Performance: 10/01/2013 to 09/30/2014

Continued ...

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(A) (B) (C) (D) (E) (F)

HSHQEC-12-R-00006

1007 Continuity of Operations Plan (COOP) 1 LO Implementation (NTE $10,000) Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD Period of Performance: 10/01/2013 to 09/30/2014

2001 OPTION II: Protective Security Services (PSO) at 12 MO 6000 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0758 ATF National Laboratory 6000 Ammendale Road Beltsville MD Period of Performance: 10/01/2014 to 09/30/2015

2002 OPTION II: Protective Security Services (PSO) at 12 MO 1515 Cabin Branch Road, Landover, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0813

CABIN BRANCH DISTRICT

1515 CABIN BRANCH DRIVE

LANDOVER MD

Period of Performance: 10/01/2014 to 09/30/2015

2003 OPTION II: Protective Security Services (PSO) at 12 MO 6351 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0759

BELTSVILLE WAREHOUSE

6407-9 AMMENDALE ROAD

BELTSVILLE MD

Period of Performance: 10/01/2014 to 09/30/2015

2004 OPTION II: Temporary Additional Services (TAS) at 200 HR 6000 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0758 ATF National Laboratory 6000 Ammendale Road Continued ...

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REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSHQEC-12-R-00006

Beltsville MD Period of Performance: 10/01/2014 to 09/30/2015

2005 OPTION II: Temporary Additional Services (TAS) at 200 HR 1515 Cabin Branch Road, Landover, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0813

CABIN BRANCH DISTRICT

1515 CABIN BRANCH DRIVE

LANDOVER MD

Period of Performance: 10/01/2014 to 09/30/2015

2006 OPTION II: Temporary Additional Services (TAS) at 200 HR 6351 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0759

BELTSVILLE WAREHOUSE

6407-9 AMMENDALE ROAD

BELTSVILLE MD

Period of Performance: 10/01/2014 to 09/30/2015

2007 Continuity of Operations Plan (COOP) 1 LO Implementation (NTE $10,000) Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD Period of Performance: 10/01/2014 to 09/30/2015

3001 OPTION III: Protective Security Services (PSO) at 12 MO 6000 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0758 ATF National Laboratory 6000 Ammendale Road Beltsville MD Period of Performance: 10/01/2015 to 09/30/2016

3002 OPTION III: Protective Security Services (PSO) at 12 MO 1515 Cabin Branch Road, Landover, MD

Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD Continued ...

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REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSHQEC-12-R-00006

Delivery Location Code: MD0813

CABIN BRANCH DISTRICT

1515 CABIN BRANCH DRIVE

LANDOVER MD

Period of Performance: 10/01/2015 to 09/30/2016

3003 OPTION III: Protective Security Services (PSO) at 12 MO 6351 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0759

BELTSVILLE WAREHOUSE

6407-9 AMMENDALE ROAD

BELTSVILLE MD

Period of Performance: 10/01/2015 to 09/30/2016

3004 OPTION III: Temporary Additional Services (TAS) 200 HR at 6000 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0758 ATF National Laboratory 6000 Ammendale Road Beltsville MD Period of Performance: 10/01/2015 to 09/30/2016

3005 OPTION III: Temporary Additional Services (TAS) 200 HR at 1515 Cabin Branch Road, Landover, MD

Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0813

CABIN BRANCH DISTRICT

1515 CABIN BRANCH DRIVE

LANDOVER MD

Period of Performance: 10/01/2015 to 09/30/2016

3006 OPTION III: Temporary Additional Services (TAS) 200 HR at 6351 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0759 Continued ...

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BELTSVILLE WAREHOUSE

6407-9 AMMENDALE ROAD

BELTSVILLE MD

Period of Performance: 10/01/2015 to 09/30/2016

3007 Continuity of Operations Plan (COOP) 1 LO Implementation (NTE $10,000) Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD Period of Performance: 10/01/2015 to 09/30/2016

4001 OPTION IV: Protective Security Services (PSO) at 12 MO 6000 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0758 ATF National Laboratory 6000 Ammendale Road Beltsville MD Period of Performance: 10/01/2016 to 09/30/2017

4002 OPTION IV: Protective Security Services (PSO) at 12 MO 1515 Cabin Branch Road, Landover, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0813

CABIN BRANCH DISTRICT

1515 CABIN BRANCH DRIVE

LANDOVER MD

Period of Performance: 10/01/2016 to 09/30/2017

4003 OPTION IV: Protective Security Services (PSO) at 12 MO 6351 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0759

BELTSVILLE WAREHOUSE

6407-9 AMMENDALE ROAD

BELTSVILLE MD

Period of Performance: 10/01/2016 to 09/30/2017

4004 OPTION IV: Temporary Additional Services (TAS) at 200 HR 6000 Ammendale Road, Beltsville, MD Product/Service Code: S206 Continued ...

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HSHQEC-12-R-00006

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0758 ATF National Laboratory 6000 Ammendale Road Beltsville MD Period of Performance: 10/01/2016 to 09/30/2017

4005 OPTION IV: Temporary Additional Services (TAS) at 200 HR 1515 Cabin Branch Road, Landover, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0813

CABIN BRANCH DISTRICT

1515 CABIN BRANCH DRIVE

LANDOVER MD

Period of Performance: 10/01/2016 to 09/30/2017

4006 OPTION IV: Temporary Additional Services (TAS) at 200 HR 6351 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0759

BELTSVILLE WAREHOUSE

6407-9 AMMENDALE ROAD

BELTSVILLE MD

Period of Performance: 10/01/2016 to 09/30/2017

4007 Continuity of Operations Plan (COOP) 1 LO Implementation (NTE $10,000) Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD Period of Performance: 10/01/2016 to 09/30/2017

5001 FAR 52.217-8 Extension: Protective Security 6 MO Services (PSO) at 6000 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0758 ATF National Laboratory 6000 Ammendale Road Beltsville MD Period of Performance: 10/01/2017 to 03/31/2018 Continued ...

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSHQEC-12-R-00006

5002 FAR 52.217-8 Extension: Protective Security 6 MO Services (PSO) at 1515 Cabin Branch Road, Landover, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0813

CABIN BRANCH DISTRICT

1515 CABIN BRANCH DRIVE

LANDOVER MD

Period of Performance: 10/01/2017 to 03/31/2018

5003 FAR 52.217-8 Extension: Protective Security 6 MO Services (PSO) at 6351 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0759

BELTSVILLE WAREHOUSE

6407-9 AMMENDALE ROAD

BELTSVILLE MD

Period of Performance: 10/01/2017 to 03/31/2018

5004 FAR 52.217-8 Extension: Temporary Additional 100 HR Services (TAS) at 6000 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0758 ATF National Laboratory 6000 Ammendale Road Beltsville MD Period of Performance: 10/01/2017 to 03/31/2018

5005 FAR 52.217-8 Extension: Temporary Additional 100 HR Services (TAS) at 1515 Cabin Branch Road, Landover, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0813

CABIN BRANCH DISTRICT

1515 CABIN BRANCH DRIVE

LANDOVER MD

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

12 12

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSHQEC-12-R-00006

Period of Performance: 10/01/2017 to 03/31/2018

5006 FAR 52.217-8 Extension: Temporary Additional 100 HR Services (TAS) at 6351 Ammendale Road, Beltsville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0759

BELTSVILLE WAREHOUSE

6407-9 AMMENDALE ROAD

BELTSVILLE MD

Period of Performance: 10/01/2017 to 03/31/2018

5007 Continuity of Operations Plan (COOP) 1 LO Implementation (NTE $10,000) Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD Period of Performance: 10/01/2017 to 03/31/2018

TOTAL VALUE OF ALL CLINs ENTER

HERE:_______________________

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

SECTION C – CONTRACT CLAUSES

SUB-SECTION C-1

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (FEB 2012)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the 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 the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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(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—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

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(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 subline item, if applicable; and

(D) Contractor point of contact.

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

(6) Interest.

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(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 Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

33.211 if—

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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(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.

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(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. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986;

41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 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, and Compliance with Laws Unique to Government Contracts 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) Central Contractor Registration (CCR).

(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 CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR 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 CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

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(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 FAR 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 CCR database; (B) comply with the requirements of Subpart 42.12; and (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 CCR 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 CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR 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 CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

*Note that Alternate I version of Clause FAR 52.212-4 is applicable to the line items for Temporary Additional Services – CLINs 0004-0006, 1004-1006, 2004-2006, 3004-3006, 4004-4006 and 5004-5006

Alternate I (Oct 2008). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i) and (l) for those in the basic clause.

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(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements.

Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to—

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor’s…