HSHQEC-13-R-00009.pdf

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

SOLICITATION/CONTRACT FOR COMMERCIAL ITEMS

HSHQEC-13-R-00009

NOTICE TO OFFERORS

1. ALL PROPOSALS ARE DUE BY 1:00 P.M. EASTERN TIME ON FEBRUARY

08, 2013. SUBMISSIONS SHALL BE MADE VIA HARD COPY TO:

DEPARTMENT OF HOMELAND SECURITY

FEDERAL PROTECTIVE SERVICE ACQUIS DIV/REGION 11

701 MARKET STREET, SUITE 3200

PHILADELPHIA, PA 19106

ATTN: LAUREN WALDING, 215-521-2279

2. ALL QUESTIONS REGARDING THIS SOLICITATION ARE DUE BY 1:00

P.M. EASTERN TIME, ON JANUARY 18, 2013 TO

LAUREN.WALDING@DHS.GOV.

3. THE OTHER DIRECT COSTS (ODCs) CLIN IN SUPPORT OF CONTINUITY

OF OPERATIONS PLAN IMPLEMENTATION DOES NOT HAVE TO BE

PRICED BY THE OFFEROR. THIS CLIN WILL BE EVALUATED AT A NOT

TO EXCEED AMOUNT OF $25,000.00. PLEASE COMPLETE THE TABLE ON

PAGE 76-77 AND INCORPORATE AS PART OF YOUR PRICE PROPOSAL.

4. FOR A COPY OF THE POST EXHIBITS, PLEASE CONTACT LAUREN

WALDING AT THE ABOVE EMAIL WITH A COPY OF THE SIGNED NON-

DISCLOSURE AGREEMENT ATTACHED.

5. PLEASE NOTE THAT THE PROTECTIVE SECURITY OFFICERS AT THE

FOLLWOIGN LOCATIONS ARE CURRENTLY WORKING UNDER THE

CBA’S AND WD’S AS REFERENCED BELOW WHICH ARE ATTACHED TO

THE SOLICATION UNDER ATTACHMENT 5:

WD: 20058-2103 REV 12

o 315 N. WASHINGTON AVE, ROCKVILLE, MD o 11510 GEORGIA AVE., WHEATON, MD

CBA: 2009-2938 REV 3

o 11919 ROCKVILLE PIKE, ROCKVILLE, MD o 540 GAITHER ROAD, ROCKVILLE, MD

September 2012 revision mailto:LAUREN.WALDING@DHS.GOV

CBA: 2009-2876

o 1 CHOKE CHERRY ROAD, ROCKVILLE, MD

CBA: 2011-4500

o 20400 CENTURY BLVD., GERMANTOWN, MD

6. IT IS PREFERABLE FOR OFFERORS TO USE THE PRICE ELEMENT

BREAKOUT SHEET LOCATED AT ATTACHMENT 6.

7. AS NOTED IN THE SF-1449 THE START DATES OF EACH BUILDING

ARE AS FOLLOWS:

BUILDING BUILDING

START DATE

315 N. WASHINGTON, ROCKVILLE, MD MD0785 08/01/2013

11510 GEORGIA AVE., WHEATON, MD MD0187 08/01/2013

1 CHOKE CHERRY ROAD, ROCKVILLE, MD MD0802 08/01/2013

20400 CENTURY BLVD., GERMANTOWN, MD MD0299 10/01/2014

11919 ROCKVILLE PIKE, ROCKVILLE, MD MD0786 12/01/2014

540 GAITHER ROAD, ROCKVILLE, MD MD0776 12/01/2014

TABLE OF CONTENTS

Standard Form 1449

Pricing Schedule

Section C - Contract Clauses

Sub-Section C-1: FAR 52.212-4, Contract Terms and Conditions – Commercial

Items Sub-Section C-2: Addendum to FAR 52.212-4 Supplemental Contract Clauses

Sub-Section C-3 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) 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) Field Level Supervision Exhibit (Attachment 8) Proposal Submission Checklist (Attachment 9) PSO Seniority List (Attachment 10) Non-Disclosure Form (Attachment 11) Post Exhibit (Attachment 12)

Section E - Solicitation Provisions

Sub-Section E-1: FAR 52.252-1, Solicitation Provisions Incorporated by Reference Sub-Section E-2: FAR 52.212-1, Instructions to Offerors Sub-Section E-3: FAR 52.212-3, Offeror Representations and Certifications –

Commercial Items Sub-Section E-4: FAR 52.209-5, Certification Regarding Responsibility Matters

FAR 52.209-7 Information Regarding Responsibility Matters (Feb 2012)

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

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

02/08/2013 1300 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-13-R-00009

5. SOLICITATION NUMBER

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

1 19 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)

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) 11919 Rockville Pike, Rockville, MD (MD0786)

(2) 315 North Washington, Rockville, MD (MD0785)

(3) 540 Gaither Road, Rockville, MD (MD0776)

(4) 11510 Georgia Ave., Wheaton, MD (MD0187)

(5) 1 Choke Cherry Road, Rockville, MD (MD0802)

(6) 20400 Century Blvd., Germantown, MD (MD0299)

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

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.

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

Attached Wage Determinations:

WD: 20058-2103 REV 12 - Wage Determination covering MD 0785 and MD 0187

CBA: 2009-2938 REV 3 - Collective Bargaining

Agreement between Elite Protective Services, Inc.

and the United Union of Security Guards (UUSG)

(Covers MD0786 and MD0776)

CBA: 2009-2876-Collective Bargaining Agreement between Elite Protective Services, Inc and the

United Security and police Officers of America

(MD0802)

CBA: 2011-4500-Collective Bargaining Agreement between Coastal International Security and Union

Rights for Security Officers (URSO) (MD0299)

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

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

19 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-13-R-00009

after the closing date.

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.

NOTE: Quantities listed below are estimates only DO/DPAS Rating: NONE Period of Performance: 08/01/2013 to 01/31/2019

0001 BASE YEAR: Basic Protective Security Services 12 MO (PSO) at 315 N. Washington, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0785

GATEWAY TOWER

315 N WASHINGTON ST

ROCKVILLE MD

Period of Performance: 08/01/2013 to 07/31/2014

0002 BASE YEAR: Basic Protective Security Services 12 MO (PSO) at 11510 Georgia Ave., Wheaton, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0187

11510 GEORGIA AVENUE

11510 GEORGIA AVE

WHEATON MD

Period of Performance: 08/01/2013 to 07/31/2014

0003 BASE YEAR: Basic Protective Security Services 12 MO (PSO) at 1 Choke Cherry Rd., Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0802

SAMHSA BUILDING

CHOKE CHERRY ROAD

ROCKVILLE MD

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

4 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-13-R-00009

Period of Performance: 08/01/2013 to 07/31/2013

0004 BASE YEAR: Temporary Additional Services (TAS) at 200 HR 315 N. Washington, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0785

GATEWAY TOWER

315 N WASHINGTON ST

ROCKVILLE MD

Period of Performance: 08/01/2013 to 07/31/2013

0005 BASE YEAR: Temporary Additional Services (TAS) at 200 HR 11510 Georgia Ave., Wheaton, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0187

11510 GEORGIA AVENUE

11510 GEORGIA AVE

WHEATON MD

Period of Performance: 08/01/2013 to 07/31/2014

0006 BASE YEAR: Temporary Additional Services (TAS) at 200 HR 1 Choke Cherry Rd., Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0802

SAMHSA BUILDING

CHOKE CHERRY ROAD

ROCKVILLE MD

Period of Performance: 08/01/2013 to 07/31/2014

0007 Continuity of Operations Plan (COOP) 1 LO Implementation (NTE $25,000) Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD Period of Performance: 08/01/2013 to 07/31/2014

1001 OPTION 1: Basic Protective Security Services 12 MO (PSO) at 315 N. Washington, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0785 Continued ...

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

5 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-13-R-00009

GATEWAY TOWER

315 N WASHINGTON ST

ROCKVILLE MD

Period of Performance: 08/01/2014 to 07/31/2015

1002 OPTION 1: Basic Protective Security Services 12 MO (PSO) at 11510 Georgia Ave., Wheaton, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0187

11510 GEORGIA AVENUE

11510 GEORGIA AVE

WHEATON MD

Period of Performance: 08/01/2014 to 07/31/2015

1003 OPTION 1: Basic Protective Security Services 12 MO (PSO) at 1 Choke Cherry Rd., Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0802

SAMHSA BUILDING

CHOKE CHERRY ROAD

ROCKVILLE MD

Period of Performance: 08/01/2014 to 07/31/2015

1004 OPTION 1: Basic Protective Security Services 10 MO (PSO) at 20400 Century Blvd., Germantown, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0299

CLOVERLEAF CTR IV

20400 CENTURY BLVD

GERMANTOWN MD

Period of Performance: 12/01/2014 to 07/31/2015

1005 OPTION 1: Basic Protective Security Services 8 MO (PSO) at 11910 Rockville Pike, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0786

MONTROSE METRO II

11919 ROCKVILLE PIKE

ROCKVILLE MD

Continued ...

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

6 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-13-R-00009

Period of Performance: 12/01/2014 to 07/31/2015

1006 OPTION 1: Basic Protective Security Services 8 MO (PSO) at 540 Gaither Road, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0776

REDLAND TECHNOLOGY PARK I

540 GAITHER RD

ROCKVILLE MD

Period of Performance: 12/01/2014 to 07/31/2015

1007 OPTION 1: Temporary Additional Services (TAS) at 200 HR 315 N. Washington, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0785

GATEWAY TOWER

315 N WASHINGTON ST

ROCKVILLE MD

Period of Performance: 08/01/2014 to 07/31/2015

1008 OPTION 1: Temporary Additional Services (TAS) at 200 HR 11510 Georgia Ave., Wheaton, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0187

11510 GEORGIA AVENUE

11510 GEORGIA AVE

WHEATON MD

Period of Performance: 08/01/2014 to 07/31/2015

1009 OPTION 1: Temporary Additional Services (TAS) at 200 HR 1 Choke Cherry Blvd., Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0802

SAMHSA BUILDING

CHOKE CHERRY ROAD

ROCKVILLE MD

Period of Performance: 08/01/2014 to 07/31/2015

1010 OPTION 1: Temporary Additional Services (TAS) at 200 HR Continued ...

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

7 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-13-R-00009

20400 Century Blvd., Germantown, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0786

MONTROSE METRO II

11919 ROCKVILLE PIKE

ROCKVILLE MD

Period of Performance: 10/01/2014 to 07/31/2015

1011 OPTION 1: Temporary Additional Services (TAS) at 200 HR 11910 Rockville Pike, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0299

CLOVERLEAF CTR IV

20400 CENTURY BLVD

GERMANTOWN MD

Period of Performance: 12/01/2014 to 07/31/2015

1012 OPTION 1: Temporary Additional Services (TAS) at 200 HR 540 Gaither Road, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0776

REDLAND TECHNOLOGY PARK I

540 GAITHER RD

ROCKVILLE MD

Period of Performance: 12/01/2014 to 07/31/2015

1013 Continuity of Operations Plan (COOP) 1 LO Implementation (NTE $25,000) Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD Period of Performance: 08/01/2014 to 07/31/2015

2001 OPTION 2: Basic Protective Security Services 12 MO (PSO) at 315 N. Washington, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0785

GATEWAY TOWER

315 N WASHINGTON ST

ROCKVILLE MD

Continued ...

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

8 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-13-R-00009

Period of Performance: 08/01/2015 to 07/31/2016

2002 OPTION 2: Basic Protective Security Services 12 MO (PSO) at 11510 Georgia Ave., Wheaton, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0187

11510 GEORGIA AVENUE

11510 GEORGIA AVE

WHEATON MD

Period of Performance: 08/01/2015 to 07/31/2016

2003 OPTION 2: Basic Protective Security Services 12 MO (PSO) at 1 Choke Cherry Rd., Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0802

SAMHSA BUILDING

CHOKE CHERRY ROAD

ROCKVILLE MD

Period of Performance: 08/01/2015 to 07/31/2016

2004 OPTION 2: Basic Protective Security Services 12 MO (PSO) at 20400 Century Blvd., Germantown, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0299

CLOVERLEAF CTR IV

20400 CENTURY BLVD

GERMANTOWN MD

Period of Performance: 08/01/2015 to 07/31/2016

2005 OPTION 2: Basic Protective Security Services 12 MO (PSO) at 11910 Rockville Pike, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0786

MONTROSE METRO II

11919 ROCKVILLE PIKE

ROCKVILLE MD

Period of Performance: 08/01/2015 to 07/31/2016

2006 OPTION 2: Basic Protective Security Services 12 MO Continued ...

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

9 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-13-R-00009

(PSO) at 540 Gaither Road, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0776

REDLAND TECHNOLOGY PARK I

540 GAITHER RD

ROCKVILLE MD

Period of Performance: 08/01/2015 to 07/31/2016

2007 OPTION 2: Temporary Additional Services (TAS) at 200 HR 315 N. Washington, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0785

GATEWAY TOWER

315 N WASHINGTON ST

ROCKVILLE MD

Period of Performance: 08/01/2015 to 07/31/2016

2008 OPTION 2: Temporary Additional Services (TAS) at 200 HR 11510 Georgia Ave., Wheaton, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0187

11510 GEORGIA AVENUE

11510 GEORGIA AVE

WHEATON MD

Period of Performance: 08/01/2015 to 07/31/2016

2009 OPTION 2: Temporary Additional Services (TAS) at 200 HR 1 Choke Cherry Blvd., Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0802

SAMHSA BUILDING

CHOKE CHERRY ROAD

ROCKVILLE MD

Period of Performance: 08/01/2015 to 07/31/2016

2010 OPTION 2: Temporary Additional Services (TAS) at 200 HR 20400 Century Blvd., Germantown, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD Continued ...

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

10 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-13-R-00009

Delivery Location Code: MD0786

MONTROSE METRO II

11919 ROCKVILLE PIKE

ROCKVILLE MD

Period of Performance: 08/01/2015 to 07/31/2016

2011 OPTION 2: Temporary Additional Services (TAS) at 200 HR 11910 Rockville Pike, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0299

CLOVERLEAF CTR IV

20400 CENTURY BLVD

GERMANTOWN MD

Period of Performance: 08/01/2015 to 07/31/2016

2012 OPTION 2: Temporary Additional Services (TAS) at 200 HR 540 Gaither Road, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0776

REDLAND TECHNOLOGY PARK I

540 GAITHER RD

ROCKVILLE MD

Period of Performance: 08/01/2015 to 07/31/2016

2013 Continuity of Operations Plan (COOP) 1 LO Implementation (NTE $25,000) Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD Period of Performance: 08/01/2015 to 07/31/2016

3001 OPTION 3: Basic Protective Security Services 12 MO (PSO) at 315 N. Washington, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0785

GATEWAY TOWER

315 N WASHINGTON ST

ROCKVILLE MD

Period of Performance: 08/01/2016 to 07/31/2017

3002 OPTION 3: Basic Protective Security Services 12 MO Continued ...

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

11 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-13-R-00009

(PSO) at 11510 Georgia Ave., Wheaton, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0187

11510 GEORGIA AVENUE

11510 GEORGIA AVE

WHEATON MD

Period of Performance: 08/01/2016 to 07/31/2017

3003 OPTION 3: Basic Protective Security Services 12 MO (PSO) at 1 Choke Cherry Rd., Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0802

SAMHSA BUILDING

CHOKE CHERRY ROAD

ROCKVILLE MD

Period of Performance: 08/01/2016 to 07/31/2017

3004 OPTION 3: Basic Protective Security Services 12 MO (PSO) at 20400 Century Blvd., Germantown, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0299

CLOVERLEAF CTR IV

20400 CENTURY BLVD

GERMANTOWN MD

Period of Performance: 08/01/2016 to 07/31/2017

3005 OPTION 3: Basic Protective Security Services 12 MO (PSO) at 11910 Rockville Pike, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0786

MONTROSE METRO II

11919 ROCKVILLE PIKE

ROCKVILLE MD

Period of Performance: 08/01/2016 to 07/31/2017

3006 OPTION 3: Basic Protective Security Services 12 MO (PSO) at 540 Gaither Road, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD Continued ...

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

12 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-13-R-00009

Delivery Location Code: MD0776

REDLAND TECHNOLOGY PARK I

540 GAITHER RD

ROCKVILLE MD

Period of Performance: 08/01/2016 to 07/31/2017

3007 OPTION 3: Temporary Additional Services (TAS) at 200 HR 315 N. Washington, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0785

GATEWAY TOWER

315 N WASHINGTON ST

ROCKVILLE MD

Period of Performance: 08/01/2016 to 07/31/2017

3008 OPTION 3: Temporary Additional Services (TAS) at 200 HR 11510 Georgia Ave., Wheaton, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0187

11510 GEORGIA AVENUE

11510 GEORGIA AVE

WHEATON MD

Period of Performance: 08/01/2016 to 07/31/2017

3009 OPTION 3: Temporary Additional Services (TAS) at 200 HR 1 Choke Cherry Blvd., Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0802

SAMHSA BUILDING

CHOKE CHERRY ROAD

ROCKVILLE MD

Period of Performance: 08/01/2016 to 07/31/2017

3010 OPTION 3: Temporary Additional Services (TAS) at 200 HR 20400 Century Blvd., Germantown, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0786

MONTROSE METRO II

Continued ...

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

13 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-13-R-00009

11919 ROCKVILLE PIKE

ROCKVILLE MD

Period of Performance: 08/01/2016 to 07/31/2017

3011 OPTION 3: Temporary Additional Services (TAS) at 200 HR 11910 Rockville Pike, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0299

CLOVERLEAF CTR IV

20400 CENTURY BLVD

GERMANTOWN MD

Period of Performance: 08/01/2016 to 07/31/2017

3012 OPTION 3: Temporary Additional Services (TAS) at 200 HR 540 Gaither Road, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0776

REDLAND TECHNOLOGY PARK I

540 GAITHER RD

ROCKVILLE MD

Period of Performance: 08/01/2016 to 07/31/2017

3013 Continuity of Operations Plan (COOP) 1 LO Implementation (NTE $25,000) Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD Period of Performance: 08/01/2016 to 07/31/2017

4001 OPTION 4: Basic Protective Security Services 12 MO (PSO) at 315 N. Washington, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0785

GATEWAY TOWER

315 N WASHINGTON ST

ROCKVILLE MD

Period of Performance: 08/01/2017 to 07/31/2018

4002 OPTION 4: Basic Protective Security Services 12 MO (PSO) at 11510 Georgia Ave., Wheaton, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD Continued ...

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

14 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-13-R-00009

Delivery Location Code: MD0187

11510 GEORGIA AVENUE

11510 GEORGIA AVE

WHEATON MD

Period of Performance: 08/01/2017 to 07/31/2018

4003 OPTION 4: Basic Protective Security Services 12 MO (PSO) at 1 Choke Cherry Rd., Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0802

SAMHSA BUILDING

CHOKE CHERRY ROAD

ROCKVILLE MD

Period of Performance: 08/01/2017 to 07/31/2018

4004 OPTION 4: Basic Protective Security Services 12 MO (PSO) at 20400 Century Blvd., Germantown, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0299

CLOVERLEAF CTR IV

20400 CENTURY BLVD

GERMANTOWN MD

Period of Performance: 08/01/2017 to 07/31/2018

4005 OPTION 4: Basic Protective Security Services 12 MO (PSO) at 11910 Rockville Pike, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0786

MONTROSE METRO II

11919 ROCKVILLE PIKE

ROCKVILLE MD

Period of Performance: 08/01/2017 to 07/31/2018

4006 OPTION 4: Basic Protective Security Services 12 MO (PSO) at 540 Gaither Road, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0776

REDLAND TECHNOLOGY PARK I

Continued ...

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

15 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-13-R-00009

540 GAITHER RD

ROCKVILLE MD

Period of Performance: 08/01/2017 to 07/31/2018

4007 OPTION 4: Temporary Additional Services (TAS) at 200 HR 315 N. Washington, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0785

GATEWAY TOWER

315 N WASHINGTON ST

ROCKVILLE MD

Period of Performance: 08/01/2017 to 07/31/2018

4008 OPTION 4: Temporary Additional Services (TAS) at 200 HR 11510 Georgia Ave., Wheaton, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0187

11510 GEORGIA AVENUE

11510 GEORGIA AVE

WHEATON MD

Period of Performance: 08/01/2017 to 07/31/2018

4009 OPTION 4: Temporary Additional Services (TAS) at 200 HR 1 Choke Cherry Blvd., Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0802

SAMHSA BUILDING

CHOKE CHERRY ROAD

ROCKVILLE MD

Period of Performance: 08/01/2017 to 07/31/2018

4010 OPTION 4: Temporary Additional Services (TAS) at 200 HR 20400 Century Blvd., Germantown, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0786

MONTROSE METRO II

11919 ROCKVILLE PIKE

ROCKVILLE MD

Period of Performance: 08/01/2017 to 07/31/2018 Continued ...

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

16 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-13-R-00009

4011 OPTION 4: Temporary Additional Services (TAS) at 200 HR 11910 Rockville Pike, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0299

CLOVERLEAF CTR IV

20400 CENTURY BLVD

GERMANTOWN MD

Period of Performance: 08/01/2017 to 07/31/2018

4012 OPTION 4: Temporary Additional Services (TAS) at 200 HR 540 Gaither Road, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0776

REDLAND TECHNOLOGY PARK I

540 GAITHER RD

ROCKVILLE MD

Period of Performance: 08/01/2017 to 07/31/2018

4013 Continuity of Operations Plan (COOP) 1 LO Implementation (NTE $25,000) Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD Period of Performance: 08/01/2017 to 07/31/2018

5001 FAR 52.217-8 Extension: Basic Protective Security 6 MO Services (PSO) at 315 N. Washington, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0785

GATEWAY TOWER

315 N WASHINGTON ST

ROCKVILLE MD

Period of Performance: 08/01/2018 to 01/31/2019

5002 FAR 52.217-8 Extension: Basic Protective Security 6 MO Services (PSO) at 11510 Georgia Ave. Wheaton, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0187

11510 GEORGIA AVENUE

Continued ...

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

17 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-13-R-00009

11510 GEORGIA AVE

WHEATON MD

Period of Performance: 08/01/2018 to 01/31/2019

5003 FAR 52.217-8 Extension: Basic Protective Security 6 MO Services (PSO) at 1 Choke Cherry Road, Rockville, MD

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

Delivery Location Code: MD0802

SAMHSA BUILDING

CHOKE CHERRY ROAD

ROCKVILLE MD

Period of Performance: 08/01/2018 to 01/31/2019

5004 FAR 52.217-8 Extension: Basic Protective Security 6 MO Services (PSO) at 20400 Century Blvd., Germantown, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0299

CLOVERLEAF CTR IV

20400 CENTURY BLVD

GERMANTOWN MD

Period of Performance: 08/01/2018 to 01/31/2019

5005 FAR 52.217-8 Extension: Basic Protective Security 6 MO Services (PSO) at 11919 Rockville Pike, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0786

MONTROSE METRO II

11919 ROCKVILLE PIKE

ROCKVILLE MD

Period of Performance: 08/01/2018 to 01/31/2019

5006 FAR 52.217-8 Extension: Basic Protective Security 6 MO Services (PSO) at 540 Gaither Road, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0776

REDLAND TECHNOLOGY PARK I

Continued ...

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

18 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-13-R-00009

540 GAITHER RD

ROCKVILLE MD

Period of Performance: 08/01/2018 to 01/31/2019

5007 FAR 52.217-8 Extension: Temporary Additional 100 HR Services (TAS) at 315 N. Washington, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0785

GATEWAY TOWER

315 N WASHINGTON ST

ROCKVILLE MD

Period of Performance: 08/01/2018 to 01/31/2019

5008 FAR 52.217-8 Extension: Temporary Additional 100 HR Services (TAS) at 11510 Georgia Ave. Wheaton, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0187

11510 GEORGIA AVENUE

11510 GEORGIA AVE

WHEATON MD

Period of Performance: 08/01/2018 to 01/31/2019

5009 FAR 52.217-8 Extension: Temporary Additional 100 HR Services (TAS) at 1 Choke Cherry Road, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0802

SAMHSA BUILDING

CHOKE CHERRY ROAD

ROCKVILLE MD

Period of Performance: 08/01/2018 to 01/31/2019

5010 FAR 52.217-8 Extension: Temporary Additional 100 HR Services (TAS) at 20400 Century Blvd., Germantown, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0299

CLOVERLEAF CTR IV

20400 CENTURY BLVD

Continued ...

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

19 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-13-R-00009

GERMANTOWN MD

Period of Performance: 08/01/2018 to 01/31/2019

5011 FAR 52.217-8 Extension: Temporary Additional 100 HR Services (TAS) at 11919 Rockville Pike, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0786

MONTROSE METRO II

11919 ROCKVILLE PIKE

ROCKVILLE MD

Period of Performance: 08/01/2018 to 01/31/2019

5012 FAR 52.217-8 Extension: Temporary Additional 100 HR Services (TAS) at 540 Gaither Road, Rockville, MD Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: MD0776

REDLAND TECHNOLOGY PARK I

540 GAITHER RD

ROCKVILLE MD

Period of Performance: 08/01/2018 to 01/31/2019

5013 FAR 52.217-8: Continuity of Operations Plan 1 LO (COOP) Implementation (NTE $25,000) Product/Service Code: S206 Product/Service Description: HOUSEKEEPING- GUARD Period of Performance: 08/01/2018 to 01/31/2019

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.

(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

September 2012 revision 20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_233_240.html#wp1113304 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137572 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.

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

September 2012 revision 21 https://www.acquisition.gov/far/current/html/52_232.html#wp1153351 https://www.acquisition.gov/far/current/html/52_232.html#wp1153375

(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.

(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

September 2012 revision 22 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1203358

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.

(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.

September 2012 revision 23 https://www.acquisition.gov/far/current/html/Subpart 33_2.html#wp1079912 https://www.acquisition.gov/far/current/html/Subpart 32_6.html#wp1031290 https://www.acquisition.gov/far/current/html/Subpart 32_6.html#wp1031326

(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.

September 2012 revision 24

(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.

(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

September 2012 revision 25 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+160+141++%2818%29%20%25 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+1574+51++%2840%29%20%20AND%20%28%2840%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t49t50+2+224++%2849%29%20%20AND%20%28%2849%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1203358 https://www.acquisition.gov/far/current/html/FormsStandard68.html#wp1189284 and change-of-name agreements in FAR Subpart 42.12, the…