HSHQEC-17-R-00001_-_Solicitation.pdf

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Protective Security Officer (PSO) services in Washinton D. C. and Arlington, VA
Solicitation number
HSHQEC-17-R-00001
Issued by

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RFP

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TABLE OF CONTENTS

Standard Form 1449

Pricing Schedule

Contract Clauses/Solicitation Provisions

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)

• Instructions for the Price Element Breakdown Template (Attachment 6A)

• Award Approval Request (Attachment 7)

• Field Level Supervision Exhibit (Attachment 8)

• Proposal Submission Checklist (Attachment 9)

• PSO Seniority List (Attachment 10)

• Frequently Asked Questions (Attachment 11)

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/A

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 A

CODE 16. ADMINISTERED BYCODE

X

X

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OROPO/FPS/EACCG/R11/A

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/07/2017 1200 ET

07/06/2017

(215) 521-3059Katelyn Godfrey (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

HSHQEC-17-R-00001

5. SOLICITATION NUMBER

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

1 430 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Attn: Katelyn Godfrey

TELEPHONE NO.

17a. CONTRACTOR/

Multiple Destinations

15. DELIVER TO

Philadelphia PA 19106 701 Market Street, Suite 3200 Office of Procurement Operations Federal Protective Service U.S. Dept. of Homeland Security

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

8(A)

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

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

X

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Federal Protective Services (FPS) is issuing a request for proposal (RFP) to solicit offers to provide Protective Security (PSO) Services within the National Capitol Region (NCR).

This requirement is being solicited in accordance with FAR Part 12 procedures as a Competitive 8(a) procurement. It is anticipated that a single award, Indefinite Delivery/Requirements type

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Michael D. Byrne

. 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.

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. 2/2012)

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. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

contract with Fixed-Price Monthly rates will be established as a result of the solicitation.

Although SBA will not be identified as the awardee on the SF 1449, it will in fact be the prime contractor on the resultant contract.

The period of performance shall consist of a one

(1) year base period with four (4) one (1) year option periods, with an additional six month option pursuant to FAR 52.217 8.

DO/DPAS Rating: NONE

Period of Performance: 01/01/2018 to 06/30/2023

0001 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0392

501 3RD ST NW

501 3RD ST NW

WASHINGTON DC

Period of Performance: 01/01/2018 to 12/31/2018

0002 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

430 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 430

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-17-R-00001

Delivery Location Code: VA0901

NPPD

1616 Ft. Myer Drive

Arlington VA 22209

Period of Performance: 01/01/2018 to 12/31/2018

0003 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0316

999 E ST NW

999 E ST NW

WASHINGTON DC

Period of Performance: 01/01/2018 to 12/31/2018

0004 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0019

FEDERAL TRADE

7TH AND CONST AVE NW

WASHINGTON DC

Period of Performance: 01/01/2018 to 12/31/2018

0005 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0030

NATIONAL BUILDING MUSEUM

5TH AND F STREETS, NW

WASHINGTON DC

Period of Performance: 01/01/2018 to 12/31/2018

0006 Temporary Additional Services (TAS) 100 HR

Anticipated Award Type: Labor-hour

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0392

501 3RD ST NW

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

4 430

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-17-R-00001

501 3RD ST NW

WASHINGTON DC

Period of Performance: 01/01/2018 to 12/31/2018

0007 Temporary Additional Services (TAS) 100 HR

Anticipated Award Type: Labor-hour

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: VA0901

NPPD

1616 Ft. Myer Drive

Arlington VA 22209

Period of Performance: 01/01/2018 to 12/31/2018

0008 Temporary Additional Services (TAS) 100 HR

Anticipated Award Type: Labor-hour

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0316

999 E ST NW

999 E ST NW

WASHINGTON DC

Period of Performance: 01/01/2018 to 12/31/2018

0009 Temporary Additional Services (TAS) 600 HR

Anticipated Award Type: Labor-hour

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0019

FEDERAL TRADE

7TH AND CONST AVE NW

WASHINGTON DC

Period of Performance: 01/01/2018 to 12/31/2018

0010 Temporary Additional Services (TAS) 4000 HR

Anticipated Award Type: Labor-hour

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0030

NATIONAL BUILDING MUSEUM

5TH AND F STREETS, NW

WASHINGTON DC

Period of Performance: 01/01/2018 to 12/31/2018

Continued ...

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

5 430

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-17-R-00001

0011 Other Direct Costs in Support of COOP (This is a 1 LO not to exceed CLIN of $2,500.00)

Anticipated Award Type: Firm-fixed-price

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 01/01/2018 to 12/31/2018

1001 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2019

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0392

501 3RD ST NW

501 3RD ST NW

WASHINGTON DC

Period of Performance: 01/01/2019 to 12/31/2019

1002 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2019

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: VA0901

NPPD

1616 Ft. Myer Drive

Arlington VA 22209

Period of Performance: 01/01/2019 to 12/31/2019

1003 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2019

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0316

999 E ST NW

999 E ST NW

WASHINGTON DC

Period of Performance: 01/01/2019 to 12/31/2019

Continued ...

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

6 430

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-17-R-00001

1004 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2019

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0019

FEDERAL TRADE

7TH AND CONST AVE NW

WASHINGTON DC

Period of Performance: 01/01/2019 to 12/31/2019

1005 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2019

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0030

NATIONAL BUILDING MUSEUM

5TH AND F STREETS, NW

WASHINGTON DC

Period of Performance: 01/01/2019 to 12/31/2019

1006 Temporary Additional Services (TAS) 100 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2019

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0392

501 3RD ST NW

501 3RD ST NW

WASHINGTON DC

Period of Performance: 01/01/2019 to 12/31/2019

1007 Temporary Additional Services (TAS) 100 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2019

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: VA0901

Continued ...

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

7 430

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-17-R-00001

NPPD

1616 Ft. Myer Drive

Arlington VA 22209

Period of Performance: 01/01/2019 to 12/31/2019

1008 Temporary Additional Services (TAS) 100 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2019

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0316

999 E ST NW

999 E ST NW

WASHINGTON DC

Period of Performance: 01/01/2019 to 12/31/2019

1009 Temporary Additional Services (TAS) 600 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2019

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0019

FEDERAL TRADE

7TH AND CONST AVE NW

WASHINGTON DC

Period of Performance: 01/01/2019 to 12/31/2019

1010 Temporary Additional Services (TAS) 4000 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2019

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0030

NATIONAL BUILDING MUSEUM

5TH AND F STREETS, NW

WASHINGTON DC

Period of Performance: 01/01/2019 to 12/31/2019

1011 Other Direct Costs in Support of COOP (This is a 1 LO not to exceed CLIN of $2,500.00)

Anticipated Award Type: Firm-fixed-price

Continued ...

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

8 430

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-17-R-00001

(Option Line Item)

01/01/2019

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 01/01/2019 to 12/31/2019

2001 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2020

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0392

501 3RD ST NW

501 3RD ST NW

WASHINGTON DC

Period of Performance: 01/01/2020 to 12/31/2020

2002 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2020

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: VA0901

NPPD

1616 Ft. Myer Drive

Arlington VA 22209

Period of Performance: 01/01/2020 to 12/31/2020

2003 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2020

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0316

999 E ST NW

999 E ST NW

WASHINGTON DC

Period of Performance: 01/01/2020 to 12/31/2020

2004 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

Continued ...

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

9 430

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-17-R-00001

(Option Line Item)

01/01/2020

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0019

FEDERAL TRADE

7TH AND CONST AVE NW

WASHINGTON DC

Period of Performance: 01/01/2020 to 12/31/2020

2005 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2020

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0030

NATIONAL BUILDING MUSEUM

5TH AND F STREETS, NW

WASHINGTON DC

Period of Performance: 01/01/2020 to 12/31/2020

2006 Temporary Additional Services (TAS) 100 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2020

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0392

501 3RD ST NW

501 3RD ST NW

WASHINGTON DC

Period of Performance: 01/01/2020 to 12/31/2020

2007 Temporary Additional Services (TAS) 100 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2020

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: VA0901

NPPD

1616 Ft. Myer Drive

Continued ...

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

10 430

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-17-R-00001

Arlington VA 22209

Period of Performance: 01/01/2020 to 12/31/2020

2008 Temporary Additional Services (TAS) 100 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2020

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0316

999 E ST NW

999 E ST NW

WASHINGTON DC

Period of Performance: 01/01/2020 to 12/31/2020

2009 Temporary Additional Services (TAS) 600 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2020

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0019

FEDERAL TRADE

7TH AND CONST AVE NW

WASHINGTON DC

Period of Performance: 01/01/2020 to 12/31/2020

2010 Temporary Additional Services (TAS) 4000 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2020

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0030

NATIONAL BUILDING MUSEUM

5TH AND F STREETS, NW

WASHINGTON DC

Period of Performance: 01/01/2020 to 12/31/2020

2011 Other Direct Costs in Support of COOP (This is a 1 LO not to exceed CLIN of $2,500.00)

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2020

Continued ...

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

11 430

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-17-R-00001

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 01/01/2020 to 12/31/2020

3001 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2021

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0392

501 3RD ST NW

501 3RD ST NW

WASHINGTON DC

Period of Performance: 01/01/2021 to 12/31/2021

3002 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2021

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: VA0901

NPPD

1616 Ft. Myer Drive

Arlington VA 22209

Period of Performance: 01/01/2021 to 12/31/2021

3003 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2021

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0316

999 E ST NW

999 E ST NW

WASHINGTON DC

Period of Performance: 01/01/2021 to 12/31/2021

3004 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2021

Continued ...

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

12 430

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-17-R-00001

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0019

FEDERAL TRADE

7TH AND CONST AVE NW

WASHINGTON DC

Period of Performance: 01/01/2021 to 12/31/2021

3005 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2021

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0030

NATIONAL BUILDING MUSEUM

5TH AND F STREETS, NW

WASHINGTON DC

Period of Performance: 01/01/2021 to 12/31/2021

3006 Temporary Additional Services (TAS) 100 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2021

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0392

501 3RD ST NW

501 3RD ST NW

WASHINGTON DC

Period of Performance: 01/01/2021 to 12/31/2021

3007 Temporary Additional Services (TAS) 100 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2021

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: VA0901

NPPD

1616 Ft. Myer Drive

Arlington VA 22209

Period of Performance: 01/01/2021 to 12/31/2021

Continued ...

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

13 430

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-17-R-00001

3008 Temporary Additional Services (TAS) 100 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2021

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0316

999 E ST NW

999 E ST NW

WASHINGTON DC

Period of Performance: 01/01/2021 to 12/31/2021

3009 Temporary Additional Services (TAS) 600 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2021

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0019

FEDERAL TRADE

7TH AND CONST AVE NW

WASHINGTON DC

Period of Performance: 01/01/2021 to 12/31/2021

3010 Temporary Additional Services (TAS) 4000 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2021

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0030

NATIONAL BUILDING MUSEUM

5TH AND F STREETS, NW

WASHINGTON DC

Period of Performance: 01/01/2021 to 12/31/2021

3011 Other Direct Costs in Support of COOP (This is a 1 LO not to exceed CLIN of $2,500.00)

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2021

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Continued ...

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

14 430

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-17-R-00001

Period of Performance: 01/01/2021 to 12/31/2021

4001 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2022

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0392

501 3RD ST NW

501 3RD ST NW

WASHINGTON DC

Period of Performance: 01/01/2022 to 12/31/2022

4002 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2022

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: VA0901

NPPD

1616 Ft. Myer Drive

Arlington VA 22209

Period of Performance: 01/01/2022 to 12/31/2022

4003 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2022

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0316

999 E ST NW

999 E ST NW

WASHINGTON DC

Period of Performance: 01/01/2022 to 12/31/2022

4004 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2022

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Continued ...

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

15 430

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-17-R-00001

Delivery Location Code: DC0019

FEDERAL TRADE

7TH AND CONST AVE NW

WASHINGTON DC

Period of Performance: 01/01/2022 to 12/31/2022

4005 PSO Services 12 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2022

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0030

NATIONAL BUILDING MUSEUM

5TH AND F STREETS, NW

WASHINGTON DC

Period of Performance: 01/01/2022 to 12/31/2022

4006 Temporary Additional Services (TAS) 100 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2022

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0392

501 3RD ST NW

501 3RD ST NW

WASHINGTON DC

Period of Performance: 01/01/2022 to 12/31/2022

4007 Temporary Additional Services (TAS) 100 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2022

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: VA0901

NPPD

1616 Ft. Myer Drive

Arlington VA 22209

Period of Performance: 01/01/2022 to 12/31/2022

4008 Temporary Additional Services (TAS) 100 HR

Continued ...

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

16 430

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-17-R-00001

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2022

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0316

999 E ST NW

999 E ST NW

WASHINGTON DC

Period of Performance: 01/01/2022 to 12/31/2022

4009 Temporary Additional Services (TAS) 600 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2022

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0019

FEDERAL TRADE

7TH AND CONST AVE NW

WASHINGTON DC

Period of Performance: 01/01/2022 to 12/31/2022

4010 Temporary Additional Services (TAS) 4000 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2022

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0030

NATIONAL BUILDING MUSEUM

5TH AND F STREETS, NW

WASHINGTON DC

Period of Performance: 01/01/2022 to 12/31/2022

4011 Other Direct Costs in Support of COOP (This is a 1 LO not to exceed CLIN of $2,500.00)

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2022

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 01/01/2022 to 12/31/2022

Continued ...

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

17 430

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-17-R-00001

5001 PSO Services 6 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2023

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0392

501 3RD ST NW

501 3RD ST NW

WASHINGTON DC

Period of Performance: 01/01/2023 to 06/30/2023

5002 PSO Services 6 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2023

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: VA0901

NPPD

1616 Ft. Myer Drive

Arlington VA 22209

Period of Performance: 01/01/2023 to 06/30/2023

5003 PSO Services 6 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2023

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0316

999 E ST NW

999 E ST NW

WASHINGTON DC

Period of Performance: 01/01/2023 to 06/30/2023

5004 PSO Services 6 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2023

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0019

Continued ...

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

18 430

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-17-R-00001

FEDERAL TRADE

7TH AND CONST AVE NW

WASHINGTON DC

Period of Performance: 01/01/2023 to 06/30/2023

5005 PSO Services 6 MO

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2023

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0030

NATIONAL BUILDING MUSEUM

5TH AND F STREETS, NW

WASHINGTON DC

Period of Performance: 01/01/2023 to 06/30/2023

5006 Temporary Additional Services (TAS) 50 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2023

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0392

501 3RD ST NW

501 3RD ST NW

WASHINGTON DC

Period of Performance: 01/01/2023 to 06/30/2023

5007 Temporary Additional Services (TAS) 50 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2023

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: VA0901

NPPD

1616 Ft. Myer Drive

Arlington VA 22209

Period of Performance: 01/01/2023 to 06/30/2023

5008 Temporary Additional Services (TAS) 50 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

Continued ...

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

19 430

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-17-R-00001

01/01/2023

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0316

999 E ST NW

999 E ST NW

WASHINGTON DC

Period of Performance: 01/01/2023 to 06/30/2023

5009 Temporary Additional Services (TAS) 300 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2022

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0019

FEDERAL TRADE

7TH AND CONST AVE NW

WASHINGTON DC

Period of Performance: 01/01/2023 to 06/30/2023

5010 Temporary Additional Services (TAS) 2000 HR

Anticipated Award Type: Labor-hour

(Option Line Item)

01/01/2023

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Delivery Location Code: DC0030

NATIONAL BUILDING MUSEUM

5TH AND F STREETS, NW

WASHINGTON DC

Period of Performance: 01/01/2023 to 06/30/2023

5011 Other Direct Costs in Support of COOP (This is a 1 LO not to exceed CLIN of $1,250.00)

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

01/01/2023

Product/Service Code: S206

Product/Service Description: HOUSEKEEPING- GUARD

Period of Performance: 01/01/2023 to 06/30/2023

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

RFP HSHQEC-17-R-00001, PSO Services for sites in Washington D.C. and Virginia

May 2017 Version

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (Jan 2017)

(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 Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

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

(i) Payment.

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

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

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

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

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

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

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

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

(C) Affected 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 Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

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

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

(A) Change the name in the SAM database;

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

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

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

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

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

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), https://www.acquisition.gov/

Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

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

(End of Clause)

Alternate I (JAN 2017). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(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. [Insert portion of labor rate attributable to profit.]

(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 employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause—

(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) Hourly…

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