HSHQEH-17-Q-00004.pdf

TABLE OF CONTENTS

Standard Form 1449

Pricing Schedule

Section C - Contract Clauses

Section D - Solicitation Provisions

Section E - List of Contract Documents and Attachments

Statement of Work Past Project Form

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/HQ/NC

Philadelphia PA 19106

701 Market Street, Suite 3200 Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security NPPD/FPS/East CCG/HQ-Natl Contracts

CODE 16. ADMINISTERED BYCODE

X

X

X

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OROPO/FPS/EACCG/HQ/NC

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/10/2017 1300 ET

02/23/2017

215-521-2257MICHELLE DUFFY

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

HSHQEH-17-Q-00004

5. SOLICITATION NUMBER

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

1 11 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Attn: Michelle Duffy

TELEPHONE NO.

17a. CONTRACTOR/

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/HQ-Natl Contracts

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This Request for Quotation (RFQ) is being competed by the Department of Homeland Security (DHS), National Protection and Programs Directorate (NPPD), Federal Protective Service (FPS) for Dry Cleaning, Repair, and Alteration Services for staff located at the FPS Physical Security Training Center, within the Federal Law Enforcement Training Center (FLETC) in Glynco, Georgia.

The Government intends to Award a Requirements (Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

MICHELLE DUFFY

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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.

type Contract for Five Years with a Basic

Ordering Period of one year and four (4) option periods of one year each. This intended award also contains an additional six (6) month contract extension period in accordance with FAR

52.217-8. The base period will commence upon contract award.

In accordance with FAR 52.219-6, this requirement is being solicited as a 100% Small Business

Set-Aside.

Pricing is to be submitted in fixed unit pricing for each Line Item identified on the Pricing

Schedule. When pricing out items, consider all direct and indirect costs that are applicable to the Statement of Work. All applicable Federal, State and Local Taxes are to be included under the Line Items. The quantities contained in the pricing schedule are estimated quantities.

The attached Pricing Schedule provides a breakout of each line item per year for the five (5) year contract period; including the six (6) month contract extension. Each line item provides an estimate on the number of items requiring alterations or dry cleaning during a performance year. If additional types of items are identified during the performance period, a separate pricing

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

11 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 11

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEH-17-Q-00004

schedule will be issued and price will be negotiated.

Please complete Blocks 15, 17a, 18a, 30a, 30b, and 30c of this Form, Standard Form (SF1449), the

Pricing Schedule, Offerors Representations and

Certifications Commercial Items (Contract Clauses

52.212-3), and one (1) Past Performance

Reference. Submit package by email to

Michelle.Duffy@hq.dhs.gov.

The Signed Standard Form (SF1449), the Pricing

Schedule, the Representations and Certification

Form, and one (1) Past Performance Reference needs to be received by 1:00pm Eastern Standard

Time, Friday, March 10, 2017.

The Federal Protective Service will select the responsible vendor whose quote, conforming to this RFQ, provides the best overall value to the

Government. Price and the Non-price factor of

Past Performance will be of equal importance.

Information provided in response to the Past

Performance will assist the Government in determining how a quoter's past and present performance on other projects/contracts predicts the likelihood of successful performance in performing the work under this RFQ. Quoters shall submit one past performance reference within the last three years that is similar in size, scope and complexity to the RFQ's requirements. The

Government reserves the right to obtain information for use in the evaluation of past performance from sources other than those identified by the quoter.

Vendors are to submit five (5) Documents for consideration of Award. They are:

(1) SF1449 - Required Blocks filled out and Signed

(2) Pricing Schedule Filled Out

(3) One (1) Relevant Past Performance Reference on Dry Cleaning Services within the last Three

Years

(4) Representations and Certifications Filled Out

- Located under section D, "Solicitation

Provisions," FAR 52.212-3

(5) Certification Regarding Responsibilities

Continued ...

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Sponsored by GSA

FAR (48 CFR) 53.110

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HSHQEH-17-Q-00004

Matters - Located under section D, "Solicitation

Provisions," FAR 52.209-5

The contract is covered by the following DOL wage determination: 2015-4477, Revision 2, dated

12/30/2016.

Quotations are due 1:00pm Eastern Standard Time, Friday, March 10, 2017.

DO/DPAS Rating: NONE

0001 BASE PERIOD: Dry Cleaning of Shirts (Polo and 2500 EA

Button-Up - Unisex Style)

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

0002 BASE PERIOD: Dry Cleaning of Uniform 2500 EA

Trousers/Pants

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

0003 BASE PERIOD: Dry Cleaning of Uniform Neck Ties 50 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

0004 BASE PERIOD: Dry Cleaning of Uniform Jackets 50 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

0005 BASE PERIOD: Dry Cleaning of Uniform Suit (Coat 250 EA and Trousers)

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

0006 BASE PERIOD: Dry Cleaning of Uniform Caps/Hats 250 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

Continued ...

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LAUNDRY/DRYCLEANING

0007 BASE PERIOD: Sewing/Affixation of Patches to 50 EA

Uniform Shirts/Jackets/Coats

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

0008 BASE PERIOD: Replacement of Damaged Zippers on 50 EA

Uniform Items

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

0009 BASE PERIOD: Pick Up and Delivery 96 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

1001 OPTION YEAR 1: Dry Cleaning of Shirts (Polo and 2500 EA

Button-Up - Unisex Style)

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

1002 OPTION YEAR 1: Dry Cleaning of Uniform 2500 EA

Trousers/Pants

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

1003 OPTION YEAR 1: Dry Cleaning of Uniform Neck Ties 50 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

1004 OPTION YEAR 1: Dry Cleaning of Uniform Jackets 50 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

Continued ...

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HSHQEH-17-Q-00004

1005 OPTION YEAR 1: Dry Cleaning of Uniform Suit (Coat 250 EA and Trousers)

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

1006 OPTION YEAR 1: Dry Cleaning of Uniform Caps/Hats 250 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

1007 OPTION YEAR 1: Sewing/Affixation of Patches to 50 EA

Uniform Shirts/Jackets/Coats

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

1008 OPTION YEAR 1: Replacement of Damaged Zippers on 50 EA

Uniform Items

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

1009 OPTION YEAR 1: Pick Up and Delivery 96 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

2001 OPTION YEAR 2: Dry Cleaning of Shirts (Polo and 2500 EA

Button-Up - Unisex Style)

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

2002 OPTION YEAR 2: Dry Cleaning of Uniform 2500 EA

Trousers/Pants

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

Continued ...

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

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HSHQEH-17-Q-00004

2003 OPTION YEAR 2: Dry Cleaning of Uniform Neck Ties 50 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

2004 OPTION YEAR 2: Dry Cleaning of Uniform Jackets 50 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

2005 OPTION YEAR 2: Dry Cleaning of Uniform Jackets 50 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

2006 OPTION YEAR 2: Dry Cleaning of Uniform Caps/Hats 250 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

2007 OPTION YEAR 2: Sewing/Affixation of Patches to 50 EA

Uniform Shirts/Jackets/Coats

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

2008 OPTION YEAR 2: Replacement of Damaged Zippers on 50 EA

Uniform Items

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

2009 OPTION YEAR 2: Pick Up and Delivery 96 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

3001 OPTION YEAR 3: Dry Cleaning of Shirts (Polo and 2500 EA

Continued ...

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Button-Up - Unisex Style)

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

3002 OPTION YEAR 3: Dry Cleaning of Uniform 2500 EA

Trousers/Pants

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

3003 OPTION YEAR 3: Dry Cleaning of Uniform Neck Ties 50 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

3004 OPTION YEAR 3: Dry Cleaning of Uniform Jackets 50 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

3005 OPTION YEAR 3: Dry Cleaning of Uniform Jackets 50 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

3006 OPTION YEAR 3: Dry Cleaning of Uniform Caps/Hats 250 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

3007 OPTION YEAR 3: Sewing/Affixation of Patches to 50 EA

Uniform Shirts/Jackets/Coats

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

3008 OPTION YEAR 3: Replacement of Damaged Zippers on 50 EA

Uniform Items

Product/Service Code: S209

Continued ...

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

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Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

3009 OPTION YEAR 3: Pick Up and Delivery 96 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

4001 OPTION YEAR 4: Dry Cleaning of Shirts (Polo and 2500 EA

Button-Up - Unisex Style)

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

4002 OPTION YEAR 4: Dry Cleaning of Uniform 2500 EA

Trousers/Pants

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

4003 OPTION YEAR 4: Dry Cleaning of Uniform Neck Ties 50 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

4004 OPTION YEAR 4: Dry Cleaning of Uniform Jackets 50 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

4005 OPTION YEAR 4: Dry Cleaning of Uniform Jackets 50 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

4006 OPTION YEAR 4: Dry Cleaning of Uniform Caps/Hats 250 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

Continued ...

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4007 OPTION YEAR 4: Sewing/Affixation of Patches to 50 EA

Uniform Shirts/Jackets/Coats

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

4008 OPTION YEAR 4: Replacement of Damaged Zippers on 50 EA

Uniform Items

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

4009 OPTION YEAR 4: Pick Up and Delivery 96 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

5001 FAR 52.217-8 Extension: Dry Cleaning of Shirts 1250 EA

(Polo and Button-Up - Unisex Style)

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

5002 FAR 52.217-8 Extension: Dry Cleaning of Uniform 1250 EA

Trousers/Pants

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

5003 FAR 52.217-8 Extension: Dry Cleaning of Uniform 25 EA

Neck Ties

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

5004 FAR 52.217-8 Extension: Dry Cleaning of Uniform 25 EA

Jackets

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

Continued ...

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5005 FAR 52.217-8 Extension: Dry Cleaning of Uniform 25 EA

Jackets

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

5006 FAR 52.217-8 Extension: Dry Cleaning of Uniform 125 EA

Caps/Hats

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

5007 FAR 52.217-8 Extension: Sewing/Affixation of 25 EA

Patches to Uniform Shirts/Jackets/Coats

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

5008 FAR 52.217-8 Extension: Replacement of Damaged 25 EA

Zippers on Uniform Items

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

5009 FAR 52.217-8 Extension: Pick Up and Delivery 48 EA

Product/Service Code: S209

Product/Service Description: HOUSEKEEPING-

LAUNDRY/DRYCLEANING

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

Section C - Contract Clauses

52.252-2 -- Clauses Incorporated by Reference (FEB 1998)

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

http://farsite.hill.af.mil/vffar1.htm

FAR 52.203-5 Covenant Against Contingent Fees (MAY 2014) FAR 52.203-7 Anti-Kickback Procedures (MAY 2014) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (APR 2014) FAR 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) FAR 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction

Contracts (May 2008) FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.242-15 Stop –Work Order (AUG 1989) FAR 52.244-6 Subcontracts for Commercial Items (JAN 2017) HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC 2003) HSAR 3052.222-71 Strikes or Picketing Affecting Access to DHS Facility (DEC 2003) HSAR 3052.228-70 Insurance (DEC 2003) HSAR 3052.242-72 Contracting Officer’s Technical Representative (DEC 2003)

The following contract clauses are hereby incorporated by full text

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), 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.

Contract Administration Data

Submission of Invoices

1. The contractor shall meet with the Contracting Officer and Contracting Officer’s Representative upon request to discuss proper invoice preparation and submission. The contractor and government shall agree on a standardized invoice format to be used for submission of all invoices under this contract that meets the requirements of FAR 52.212-4 Contract Terms and Conditions

– Commercial Items, Paragraph (g) “Invoice.” Use of a standardized invoice format will facilitate timely invoice reviews and approvals. Failure to use the agreed standardized invoice format shall result in rejection of invoices.

2. Invoices shall be submitted for payment within 30 days after completion of the prior month’s services. Invoices shall not contain any employee Personally Identifiable Information (PII). Invoices shall be submitted via one of the following three methods:

a. By mail: NPPD-FPS-HQ

DHS, NPPD

Financial Operations-Burlington P.O. Box 1279 Williston, VT 05495-1279 Attn: FPS HQ Invoice

b. By facsimile (fax): # 802-288-7658. The invoice submission shall include a cover sheet with the contractor’s point of contact information and # of pages.

c. By e-mail: NPPDInvoice.Consolidation@ice.dhs.gov

The invoice number and FPS HQ shall be annotated in the subject line of the e-mail. Only (1) invoice shall be submitted per e-mail message. The invoice attached to the e-mail shall be in Portable Document Format (PDF)

Invoices submitted by other than these three methods will not be processed and will be returned.

3. Contractors shall provide an informational copy of each invoice to the Contracting Officer at Michelle.Duffy@hq.dhs.gov and Contracting Officer’s Representative Robert.D.Stewart@hq.dhs.gov concurrent with submission to the designated billing office referenced above.

4. In addition to the information required for a proper invoice as identified in FAR 52.212-4 (g)(1), Contract Terms and Conditions – Commercial Items, (FEB 2012), the contractor shall include the following information:

a. Annotate “FPS HQ” on the face of each invoice

b. Clearly identify the period of performance for which the services were rendered or the date the supplies were delivered to the government (invoices for periods of performance that encompass less than a full month of service must show the specific dates that services were rendered).

c. Cite the identical CLIN description on the invoice as what is cited within the CLIN description listed in the contract.

d. Where there are variances between the requirements cited in the task order(s) and the work actually performed (e.g., unmanned posts), the Contractor shall attach a separate sheet to the invoice detailing each instance of a variance.

5. Contractors shall submit only one invoice per contract or order per month.

Failure to comply with these submission requirements will result in rejection of the invoice.

6. Final invoices shall be marked “FINAL” and be accompanied by an executed “Contractor’s Release” (DHS Form 700-3 (12/07)) available at http://dhsconnect.dhs.gov/forms/documents/DHS_Form_700-3.pdf or by request to the Contracting Officer. A release discharging the Government, its officers, agents and employees of and from all liabilities, obligations, and claims arising out of or under this contract subject only to the exceptions listed at FAR 52.212-4 (ALT1), paragraph (i)(7)(i)-(iii) is a condition precedent to final payment.

Payments

1. Payment will be made on a calendar month basis in arrears upon submission of an invoice. Payment will be due on the 30th calendar day after receipt of a proper invoice or date of receipt of services, whichever is later.

2. It is the objective of the Government to obtain complete and satisfactory performance in accordance with the terms of specifications and requirements of this contract. The criteria for deductions and adjustments below will be used by the Government in determining monetary deductions for nonperformance of work under this contract and for adjustments for deficiencies in the performance of work. In no event shall contractor invoice or the Government be obligated to pay for any hours in excess of the amount identified within the contract (inclusive of all modifications).

3. The Contractor is responsible for submitting accurate invoices that reflect the actual services provided each month. The Contractor shall compute the invoice price to reflect the actual amount of hours performed. Repeated substantiated errors in invoicing may adversely affect the performance assessments assigned during the pendency of the contract. Submission of false invoices shall be subject to contractual and legal actions.

Any inquiries regarding payment shall be directed to the COR and/or CO.

THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR

CONTRACT ADMINISTRATION

A. Contracting Officer (CO)

1. The CO for this RFP and resultant award is:

Michelle Duffy (215)521-2257 Michelle.Duffy@hq.dhs.gov

2. Administrative Contracting Officer(s) will be assigned after award of the order.

3. The CO has the overall responsibility for the administration of the contract. The CO alone is authorized to take action on behalf of the Government to amend, modify or deviate from the contract’s terms and conditions; make final decisions on unsatisfactory performance; terminate the contract or task order for convenience or cause; and issue final decisions regarding questions or matters under dispute. The CO may delegate certain other responsibilities to an authorized representative.

B. Contracting Officer's Representative (COR)

1. The COR for the order is: Robert Stewart

2. The COR is designated to assist the CO in the discharge of his or her responsibilities when he or she is unable to be directly in touch with the task order work. In the event that the COR is absent or unavailable, another COR Alternate will be designated. The responsibilities of the COR and his/her alternate include, but are not limited to:

determining the adequacy of performance by the Contractor in accordance with the terms and conditions of the contract, acting as the Government's representative in charge of work at the site(s); ensuring compliance with the contract requirements insofar as the actual performance is concerned; advising the Contractor of proposed deductions for non-performance or unsatisfactory performance; and advising the CO of any factors which may cause delay in the performance of work.

3. After award of the contract or task order, the CO will issue a written Delegation of Authority memorandum to the COR that details the scope of duties the COR is authorized to perform and manage. The COR shall not make any decisions regarding the performance of the work under the order except as outlined in the memorandum. A copy of the memorandum shall be sent to the Contractor.

4. The Contractor shall immediately notify the CO in the event the COR directs the Contractor to perform work that the Contractor believes is not part of the contract or the COR assumes duties not designated in the memorandum. The CO will then make a determination as to the issue and respond to all affected parties in the most appropriate manner deemed necessary.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Deviation 2013-O0019) (JAN 2017)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O.

13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

FAR 52.216-18 – Ordering - (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of contract award up to the last day of the last option period exercised.

(b) All delivery orders or task orders are subject to the terms and conditions…