IFBCD160042_UPS_Equipment_JMMB.pdf

N O T I C E

OFFER DELIVERY INSTRUCTIONS

Current security requirements established by the U.S. Capitol Police preclude the delivery of offers to the U.S. Capitol Complex of buildings. All offers resulting from this solicitation must be screened for security purposes at a central location. The Architect of the Capitol (AOC) will not accept offers delivered directly to the Ford House Office

Building or delivered to any other location within the U.S. Capitol Complex.

Due to these unusual circumstances the AOC Procurement Division will only accept offers delivered to the designated mail screening facility identified below in the

“deliver to” address.

Any attempt to deliver an offer to any location in the U.S. Capitol Complex of buildings will be rejected. In addition to the requirements contained in solicitation provision

AOC52.214-1 or AOC 52.215-1, as applicable, ALL offers shall be addressed as follows:

DELIVER TO: Postal Operations Screening Facility

9140 East Hampton Drive

Capitol Heights, MD 20743

MARKED FOR: Architect of the Capitol

Procurement Division – Ford House Office Building

Attn: Torey Fezer

Room H2-263 Bid Room

Second and “D” Streets, SW

Washington, DC 20515

All individuals delivering offers to the designated mail screening facility noted above shall have proper identification and/or a valid driver’s license.

The designated mail screening facility does not have any exterior signage. If assistance is required in locating the facility, please call: 301-336-6708.

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS

(15 CFR 700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

IFBCD160042 X SEALED BID (IFB)

NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

06/14/2016

6. REQUISITION/PURCHASE NUMBER

CD 160042

CODE 9901

Architect of the Capitol Acquisition and Material Management Division Ford House Building Room H2-263 2nd and D Streets SW Washington, DC 20515

7. ISSUED BY

Architect of the Capitol Acquisition and Material Management Division Ford House Building Room H2-263 2nd and D Streets SW Washington, DC 20515

8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

Ford House 16:30:00 07/13/2016

(Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions

9. Sealed offers in original and ____________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ______________________________________________________ until ________________ local time _________________

10. FOR

INFORMATION

CALL:

A. NAME

Torey Fezer

AREA CODE

NUMBER

226-6050

EXT.

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

torey.fezer@aoc.gov

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 17-39

X B SUPPLIES OR SERVICES AND PRICES/COSTS 3-4 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

X C DESCRIPTION/SPECS./WORK STATEMENT 5-9 X J LIST OF ATTACHMENTS 40

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 11

X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

41-47

X F DELIVERIES OR PERFORMANCE 12

X L INSTRS., CONDS., AND NOTICES TO OFFERORS 48-51X G CONTRACT ADMINISTRATION DATA 13-15

X M EVALUATION FACTORS FOR AWARD 52H SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within _______________________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT (See Section 1, Clause No. 52.232-8)

10 CALENDER DAYS(%)

0.00

20 CALENDER DAYS(%)

0.00

30 CALENDER DAYS(%)

0.00

CALENDAR DAYS

NUMBER

PERCENTAGE

0.00

14. ACKNOWLEDGEMENT OF AMEND- MENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE

Architect of the Capitol Acquisition and Material Management Division Ford House Building Room H2-263 2nd and D Streets SW Washington, DC 20515

24. ADMINISTERED BY (if other than Item 7) CODE Internet Payment Platform (IPP) Jeffrey Rye Approver www.ipp.gov Washington, DC 20515

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

(Signature Officer)

27. UNITED STATES OF AMERICA 28. DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

IFBCD160042

Section B - Supplies or Services and Prices/Costs

PROJECT: UNINTERRUPTIBLE POWER SUPPLY (UPS) FOR THE LIBRARY OF CONGRESS, JAMES MADISON BUILDING.

CONTRACT SPECIALIST (CTR): TOREY FEZER

torey.fezer@aoc.gov or 202-226-6050

CONTRACTING OFFICER: MARLENE SHERMAN

msherman@aoc.gov or 202-226-1934

BASE

Number Commodity Name Quantity Unit of Issue Unit Price ($) Total Cost ($, Inc. disc)

1 UPS # 1 AND ASSOCIATED BATTERY STRINGERS Total : 1.000000 EA $ $

Description:Total cost includes maintenance in accordance with Specifications Section 26 3353, Item 1.14A

2 UPS DISTRIBUTION AND BYPASS SWITCHBOARD

SWBD-UPS1A

Total : 1.000000 EA $ $

Description:

3 UPS DISTRIBUTION AND BYPASS SWITCHBOARD

SWBD-UPS2A

Total : 1.000000 EA $ $

Description:

4 PANEL PPM1 Total : 1.000000 EA $ $

Description:

5 PANEL PPM2 Total : 1.000000 EA $ $

Description:

6 UPS DISTRIBUTION SWITCHBOARD

SWBD-UPS1B

Total : 1.000000 EA $ $

Description:

7 UPS DISTRIBUTION SWITCHBOARD

SWBD-UPS2B

Total : 1.000000 EA $ $

Description:

8 STATIC TRANSFER SWITCH 800 AMP STS-1 Total : 1.000000 EA $ $

Description:

9 STATIC TRANSFER SWITCH 600 AMP STS-2 Total : 1.000000 EA $ $

Description:

10 SECTION 01 9113 - GENERAL COMMISSIONING

REQUIREMENTS

Total : 1.000000 EA $ $

Description:Contractor shall provide commissioning and training in accordance with SECTION 01 9113 - GENERAL COMMISSIONING

REQUIREMENTS. Total cost should include Performance Testing conducted in accordance with Item 3.7 of SECTION 26 3353 STATIC

UNINTERRUPTIBLE POWER SUPPLY.

Lump-Sum Price for Base $

OPTION 1

Number Commodity Name Quantity Unit of Issue Unit Price ($) Total Cost ($, Inc. disc)

11 Bid Option 1 - UPS Number 2 and Associated Battery

Stringers

Total : 1.000000 EA $ $

Description:Total cost includes maintenance in accordance with Specifications Section 26 3353, Item 1.14A.

Lump-Sum Price for Option 1 $

Lump-Sum Price for All Options $

Lump-Sum Price for Base and All Options $

Section C - Description/Specifications/Statement of Work

C.1 Statement of Work (Dated 06 June 16)

1.0 General. LC08023E James Madison Memorial Building, Library Of Congress Uninterruptable Power Supply Replacement, Main Data Center, Phase 1, JMMB

1.1 Short Description. This procurement will provide the Library of Congress (LOC) with replacement electrical equipment needed for the project

1.2 Background. The Architect of the Capitol (AOC) is responsible to the United States Congress and the Supreme Court for mainten-ance, operation, development, and preservation of the United States Capitol Complex. The Construction Division jurisdiction of the AOC manages facilities on the Capitol grounds which includes The Capitol Building, The Capitol Visitor’s Center, The Senate Office Buildings, The House of Representatives Office Buildings, The United States Courts Buildings, The Library of Congress Buildings, Capitol Parks, The United States Botanic Garden, and The Capitol Power Plant.

The AOC Construction Division is soliciting contractor services for the replacement of uninterruptable power supply (UPS) equip-ment as it has surpassed its usable life expectancy.

1.3 Objectives. The primary objective is to provide a reliable, uninterruptable power supply for the James Madison Memorial Build-ing, LOC.

1.4 Scope. The Contractor shall provide all labor, material, equipment, quality control, and supervision necessary to complete the project within the given timeframe as specified in Item 1.7 “Period of Performance,” herein. The Contractor shall supply listed equip-ment for AOC installation at place of day performance. The Contractor shall also provide general commissioning services as outlined in Specification section 01 9113-1 “General Commissioning Requirements” which includes but is not limited to start up and functional testing of equipment and systems;

and training on equipment and systems use and maintenance.

1.5 Contract Type. Firm-Fixed Price [see FAR Clause 52.216-1 “Type of Contract (Apr 1984)” within Section L of the IFB]

1.6 Place of Performance/Hours of Operation. Following Government installation of the equipment, on-site services listed in Section 01 9113 “General Commissioning Requirements” shall be conducted at the Library of Congress James Madison Memorial Building, 1st and C Streets, S.E., Washington, D.C. All commissioning, equipment and system tests, and user training shall be coordinated with the COTR and scheduled during the hours of 06:00AM – 02:30PM, Monday – Friday; excluding Federal Holidays.

1.7 Period of Performance.

1.7.1. Bid Base: the initial period of performance of the resultant contract shall not exceed 746 calendar days from contract award, in-cludes the timeframe for Government installation of all UPS equipment.

1.7.2 Bid Option 1: 90 calendar days after exercise of Option 1.

1.8 Funding.

1.8.1 Bid Base: is funded with multi-year funds (i.e., 2015 – 2019 R0155 LC08023E P3203N)

1.8.2 Bid Option 1: is funded with multi-year funds (i.e., 2015 – 2019 R0155 LC08023E P3203N)

1.9 Privacy Act. As a Legislative Branch agency, the AOC is not subject to the privacy and information security laws applicable to Executive Branch agencies. The AOC anticipates that services provided under this contract will not require that Contractor personnel have access to Personally Identifiable Information (PII).

1.10 Personal Service. The work required under this contract is not personal services, either in the way the SOW is written or in the manner in which the resultant contract will be managed and overseen. The Contracting Officer’s Technical Representative (COTR) shall be advised of all activities which require AOC action. All Contractor personnel providing services under this contract shall ap-propriately identify themselves as a Contractor employee at the start of meetings, in telephone conversations and in formal and in-formal written correspondence.

1.11 Security. See AOC52.223-5 “Special Security Requirements – Services (Feb 2010)” in Section G of the IFB

1.12 Safety. The Contractor shall comply with AOC Clause AOC52.223-9 Accident Prevention and Safety and Health Programs (Sep 2004) in Section I of the IFB.

1.13 Energy Efficiency/Compliance. N/A

1.14 Sustainability. N/A

1.15 Key Personnel. N/A

1.16 Quality Control. The Contractor shall maintain high standards of accuracy. The Contractor shall provide a brief description of its Quality Control plan to the AOC-COTR within 20 calendar days after the kick-off meeting. See Milestone Schedule included in Item 5.3, herein. The Contractor’s designated point of contact shall be responsible for addressing quality issues identified by the CO and/or

COTR.

1.17 Records/Data. Contractor shall provide all equipment submittals for AOC approval prior to manufacturing, see Milestone Sched-ule included in section 5.3, herein. The Contractor shall provide all start up/commissioning reports, operation and maintenance manu-als, and warranty documentation for all supplied equipment prior to final payment.

1.18 Packaging/Packing/Shipping Instructions. All Packaging must be labeled with an AOC Contract number [insert at contract award] In accordance with FAR Clause 52.247-34 “FOB Destination (Nov 1991)” incorporated by reference in Section F of the IFB, the Contractor shall be responsible for the cost of shipping and risk of loss. As such, the shipping cost shall be included in the firm-fixed price for each piece of equipment, as applicable. All equipment shall be delivered FOB Destination to:

AOC Warehouse:

1509 Cabin Branch Drive Landover, MD 20785

(703) 274-2103

Shipments will be received between 6:00am and 2:00pm, Monday through Friday, excluding Federal Holidays. [see AOC Clause AOC52.223-8 “Delivery Vehicle Inspection Requirements (Apr 2008)” in Section I of the IFB.]

1.19 Applicable Documents.

• Drawing EP401: Partial Grounded Floor Plan – Power – New Work – Base Bid (dated August 26, 2015) – 1 page

• Drawing E502: Electrical One-Line Diagram – UPS System – Base Bid (dated August 26, 2015) – 1 page

• Drawing E503: Electrical Riser Diagram – Base Bid (dated August 26, 2015) – 1 page

• Drawing E504: Electrical – Details UPS Switchboards (dated August 26, 2015) – 1 page

• Drawing E601: Electrical Schedules (dated August 26, 2015) – 1 page

• AOC Project No. LC08023E August 26, 2015

• Section 26 3613 – Static Transfer Switches (Total pages = 8)

• Section 26 3600 – Transfer Switches (Total pages = 8)

• Section 26 3353 – Static Uninterruptible Power Supply (Total pages = 24)

• Section 26 2816 – Enclosed Switches and Circuit Breakers (Total pages = 6)

• Section 26 2813 - Fuses (Total pages = 3)

• Section 26 2600 – Power Distribution Unit (Total pages = 8)

• Section 26 2416 – Panelboards (Total pages = 7)

• Section 26 2413 – Switchboards (Total pages = 11)

• Section 26 0913 – Electrical Power Monitoring (Total pages = 9)

• Section 26 0573 – Overcurrent Protective Device Coordination Study (Total pages = 9)

• Section 26 0553 – Identification for Electrical Systems (Total pages = 6)

• Section 26 0548 – Vibration and Seismic Controls for Electrical Systems (Total pages = 7)

• Section 01 9113 – General Commissioning Requirements (Total pages = 54)

• Section 01 6300 – Product Requirements and Substitutions inclusive of CSI Form 13.1A (Total pages = 17)

1.20 Points of Contact.

Contract Specialist – Torey Fezer (CTR) Acquisitions & Materials Management Division

Phone: 202.226.6050 Email: torey.fezer@aoc.gov

Contracting Officer – Marlene Sherman Acquisitions & Materials Management Division Phone: 202.226.1934 Email: msherman@aoc.gov

COTR – Jeff Rye Construction Division Phone: 202.226.8889 Email: jerye@aoc.gov

2.0 Definitions & Acronyms.

AOC – Architect of the Capitol CO – Contracting Officer COTR – Contracting Officer Representative CTR – Contractor Support. The AOC AMMD uses contracted support to provide assistance in preaward and post award contract ad-ministration services. All Contractor Support personnel have signed nondisclosure agreements and safeguard Intellectual Property in accordance with the Procurement Integrity Act (41 U.S.C. §423).

JMMB – James Madison Memorial Building LOC – Library of Congress UPS – Uninterruptible Power Supply USCP – United States Capitol Police [See AOC52.201-1 “Definitions (Jun 2004) in Section I “Contract Clauses” of the IFB] [See FAR 52.202-1 “Definitions (Nov 2013) in Section I “Contract Clauses” of the IFB]

3.0 Government Furnished Property (GFP). N/A.

4.0 Contractor Furnished Items. The Contractor shall deliver all supplies and provide all services listed in Section B “Supplies or Ser-vices and Prices/Costs” and this SOW and its enclosures.

5.0 Specific Requirements

5.1 Bid Submission. See 52.214-5 Submission of Bids (Mar 1997); AOC52.214-1 Submission of Bids – Supplement (Jan 2011); and AOC52.214-2 “Public Bid Opening (Nov 2009)” all of Section L of the IFB.

5.2 Discuss Travel Costs. Any costs associated with travel for contractor personnel shall be included in Line Item 10 – SECTION 01 9113 – GENERAL COMMISSIONING REQUIREMENTS. Reimbursement for local travel are not authorized under this require-ment.

5.3 Deliverables and Reports. Contractor shall provide all equipment submittals for AOC approval prior to manufacturing. Contractor shall provide all start-up/commissioning reports, operation and maintenance manuals, and warranty documentation for all supplied equipment prior to final payment. See Milestone Schedule for specifics:

Milestone Schedule Milestone/Party Responsible Due Date Total Days

Kick-Off Meeting

- AOC and Contractor

Seven (7) calendar days from award 7

Information on each Subcontractor/Installer Commissioning Representative and/or Com-missioning Professional (CP)

- Contractor submission

Fourteen (14) calendar days from award IAW Para A. of Item 1.04 of Spec. Section 01 9113

N/A

Information on each Subcontractor/Installer Commissioning Representative and/or Com-missioning Professional (CP) -AOC Review/Approval

Fourteen (14) calendar days after receipt of information

N/A

All Informational Submittals

- Contractor submission

Fourteen (14) calendar days after kick-off meeting

N/A

All Informational Submittals

- AOC Review/Approval

N/A N/A

All Action Submittals and Quality Control Plan

- Contractor submission

Twenty (20) calendar days after kick-off meeting

All Action Submittals

- AOC Review/Approval

Fourteen (14) calendar days after receipt of action submittals

Issuance of Contract Modification to Exer- NLT ninety calendar (90) days from award N/A cise Bid Option 1 -Contracting Officer Delivery of UPS Number 1 and all associ-ated equipment (Itemized Line Nos. 1-9 of Section B) to include all certified Factory Test Reports

- Contractor

Ninety (90) calendar days after AOC ap-proval of action submittals

Delivery of UPS Number 2 and all associ-ated equipment (Itemized Line Nos. 11 of Section B) to include all certified Factory Test Reports

- Contractor

Ninety (90) days after AOC exercises Op-tion 1.

N/A

Project Commissioning Plan

- Contractor submission

120 calendar days from award IAW Para B.

of Item 1.04 of Spec. Section 01 9113

N/A

Project Commissioning Plan

- AOC Review/Approval

Fourteen (14) calendar days after receipt of project commissioning plan

N/A

Training Session Plan

– Contractor submission

120 calendar days from equipment submittal acceptance IAW Para D. of Item 1.04 of Spec. Section 01 9113

N/A

Training Session Plan – AOC Review/Ap-proval

Fourteen (14) calendar days after receipt of training session plan

N/A

Installation of Equipment Period

- AOC

540 calendar days after delivery of UPS and associated equipment (Items 1-9).

Issuance of Notice to Proceed (NTP) for Commissioning, Training and 10 day Per-formance Testing [Para B of Item 3.7 of Spec Section 26 3353]

- AOC

Fourteen (14) calendar days from comple-tion of equipment installation.

1. General Commissioning Requirement:

Start-up and functional testing of all in-stalled equipment.

a. Training LOC employees on equipment and system use maintenance. [see AOC52.228-2 Insurance – Work on a Gov-ernment Installation (May 2008) of Section I.]

2. Performance Testing [Para B of Item 3.7 of Spec Section 26 3353]

- Contractor

Services shall commence within thirty (30) calendar days of receipt of the NTP and be completed within ten (10) calendar days.

All Close-out Submittals

- Contractor submission

Fourteen (14) calendar days from comple-tion of General Commissioning, Training, and Performance Testing

All Close-out Submittals

- AOC Review/Approval

Seven (7) calendar days after receipt of all close-out submittals

* THE GOVERNMENT WILL COMPLETE THE INSTALLATION OF ALL EQUIPMENT WITHIN 540 CALENDAR DAYS AFTER DELIVERY OF ITEMIZED LINES 1-9. AS SUCH, THE TOTAL DAYS TO COMPLETE THE CONTRACT

WORK MAY ADJUST DOWNWARD COMMENSURATELY.

5.4 Delivery Instructions. Equipment deliveries shall be made in accordance with AOC Clause AOC52.223-8 “Delivery Vehicle In-spection” of Section G of the IFB. Submittals shall be delivered via email to the AOC-COTR. See Item 1.20 “Points of Contract,” herein.

5.5 Inspection and Acceptance. Inspection and Acceptance shall be accomplished by the Government in accordance with FAR Clauses 52.246-2 “Inspection of Supplies – Fixed-Price (Aug 1996)” and 52.246-4 “Inspection of Services – Fixed-Price (Aug 1996)” of Sec-tion E of the IFB.

5.6 Procedures for Payment. Invoicing/Payments shall be performed in accordance with AOC Clauses AOC52.232-1 “Payment Re-quests (Feb 2016)” and AOC52.232-6 “Payment by Electronic Fund Transfer (Mar 2012)” both of Section I of the IFB. Payment for all equipment shall be made in accordance with the following schedule:

Payments Description 75% upon delivery and acceptance Bid Base: Itemized Nos. 1-9 of Section B 25% after completion of General Commissioning Requirements Bid Base: Itemized Nos. 1-9 of Section B 75% upon delivery and acceptance Bid Option 1: Itemized No. 11 of Section B 25% after completion of General Commissioning Requirements Bid Option 1: Itemized No. 11 of Section B

Enclosures:

See listing under Item 1.19 “Applicable Documents”

Section E - Inspection and Acceptance

52.246-4 Inspection of Services - Fixed-Price (Aug 1996)

(a) Definition. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Govern-ment during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and con-venient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the ser-vices again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be cor-rected by reperformance, the Government may--

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in con-formity with contract requirements, the Government may--

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

Clauses By Reference Clause Title

52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996)

52.246-16 Responsibility for Supplies (Apr 1984)

Section F - Deliveries and Performance

AOC52.211-4 Term of Contract (Jan 2007)

The term of the contract shall be 746 days after award.

(End of clause)

Clauses By Reference Clause Title

52.247-34 F.O.B. Destination (Nov 1991)

Section G - Contract Administration Data

AOC52.201-1 Contracting Officers Authority (Jun 2004)

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, not-withstanding any provision contained elsewhere in this contract. In the event that the Contractor makes any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

(End of clause)

AOC52.201-2 Contracting Officers Technical Representative (COTR) (Mar 2005)

The Government shall provide the name, address and telephone number of the COTR at the time of contract award and the duties thereby delegated to that person. Any subsequent change to the individual or the individual s responsibilities will be confirmed in writing by the Contracting Officer. In no instance will the COTR be delegated authority to order any change in the contractor s per-formance which would affect (a) cost or schedule for contracts for services or supplies, or (b) scope, the completion date for interme-diate phases or milestones, or overall completion date for contracts for construction.

(End of clause)

AOC52.204-6 Capitol Complex Conditions Affecting Contractor Operations (May 2008)

Capitol Complex operations are, at irregular and unanticipated times, interrupted due to events that can occur on the Capitol Complex, e.g., funerals that utilize the Rotunda, closure of Congressional buildings due to unusual activities, etc. These events can impact AOC contractor operations. Any AOC contractor that becomes aware of an event that may affect its operations on the Capitol Complex may go to www.aoc.gov/business/contractors to receive current information of the operational status of the Capitol Complex. Before ceasing or limiting its operations, the Contractor must obtain written approval from the Contracting Officer.

(End of clause)

AOC52.223-5 Special Security Requirements - Services (Feb 2010)

(a) All vehicles, and contents, used by the Contractor or his subcontractors, which enter or leave United States Government property during performance of the work, will be subject to clearance, inspection and identification procedures conducted by the United States Capitol Police.

(b) All persons entering the Legislative Branch Buildings shall gain access to the building by passing through x-ray screening devices. In addition, all handbags and all hand-carried items shall be screened by x-ray devices prior to their entry into the building.

(c) All personnel provided by the Contractor and employed on the site of the work will be subject to a security background investiga-tion. Each employee will be required to fill out an I.D. Request Form and U.S. Capitol Police Request for check of Criminal History Records and each employee will be photographed and fingerprinted. The Contractor shall provide any assistance required by any of its employees in completing the forms.

(1) The average length of time for completion of the security background investigation is about 2 weeks, however, several variables can significantly affect this timeframe - for example, if a contractor's employee does not cooperate in the security background invest-igation, or if a contractor's employee does not report timely for processing, or if a contractor's employee has been arrested/convicted and is contacted for an opportunity to address these records. In these types of situations, additional time might be needed to complete the security background investigation process.

(2) The Contractor shall obtain all security background investigations required for its workforce and shall incorporate the process time in its offer.

(3) Delays incurred by the Contractor in security background investigations required under this contract shall be at no cost to the gov-ernment.

(d) Prior to commencement of work, the contractor and all designated on-site employees will be required, on a one-time basis, to be fingerprinted in Washington D.C. The location for the Electronic Fingerprinting Service is the U.S. Capitol Hill Police, Fairchild Building, 499 South Capitol Street SW, Washington, DC 20003.

(e) Within 7 calendar days after the date of contract award, the Contractor shall submit to the Contracting Officer's Technical Repres-entative (COTR) a list of all employees proposed to be employed on this contract. This list shall include the employee's full name, date of birth and social security number.

(f) While security background investigations are in process, the Contractor's employees must not be granted access to the Capitol Hill complex to perform work or provide services for the AOC unless they are escorted by an AOC staff member. "Escorted" is defined to mean that the AOC staff member will remain with the employee(s) at all times during the performance of the work. Any of the Con-tractor's employees who are perceived by the Contracting Officer as a security risk as a result of evidence discovered in the security background investigation, will not be issued an Identification Card, will be denied access to the site of the work, and the Contractor will be directed to remove such employee from performance of any of the contract work, whether it be on or off the work site. Any contractor employee denied access to the site of work on a contract or task/delivery order as a result of a security background investig-ation may not apply for access to any other AOC/US Supreme Court contract or task/delivery order work site.

(g) An identification card, with photograph, will be prepared for each employee of the Contractor requiring access to the site. The identification card shall be dated to indicate the period of time for which it is to remain valid - from the date the employee reports for duty until the applicable date which occurs first: the expiration of the contract, or the last date of the employee's tour of duty with the Contractor. All contractor personnel must wear the ID badge whenever on the Capitol complex premises or when attending off-site functions on behalf of the AOC. ID badges must be worn in such a manner that contractor personnel can be easily identified as such.

(h) The Contractor is fully responsible to return:

(1) The ID badge of any individual employee, including subcontractor personnel, who is removed for any reason including but not limited to illness, or dismissal;

(2) The ID badges of all contractor employees, including subcontractor personnel, whose performance under the contract is completed in advance of final contract job completion; and

(3) All outstanding ID badges issued for the contractor and its employees, including subcontractor personnel, within 24 hours of on site contract job completion.

(i) ID badges are to be hand delivered by the contractor within 24 hours of any of the events listed under (h) above to the COTR.

(j) The contractor's failure to return any ID badge, access card, or key issued under this contract or order shall result in a deduction of $100.00 from the contract per ID badge, access card, and/or key not returned.

(End of clause)

AOC52.223-7 Special Security Clearance and Inspection Procedures (Jun 2004)

(a) All vehicles and contents used by the Contractor or his subcontractors which enter or leave United States Government property during performance of the work will be subject to clearance, inspection, and identification procedures conducted by the United States Capitol Police. See the attachment entitled U.S. CAPITOL POLICE NOTICE in Section J for instructions prior to delivery.

(b) All persons entering the Legislative Branch Buildings shall gain access to the building by passing through x-ray screening devices. In addition, all handbags and all hand-carried items shall be screened by x-ray devices prior to entry into the building.

(End of clause)

AOC52.223-8 Delivery Vehicle Inspection Requirements (Apr 2008)

(a) All vehicles and contents used by the Contractor or his subcontractors which enter or leave United States Government property during performance of work under this contract will be subject to clearance, inspection, and identification procedures conducted by the United States Capitol Police.

(b) All delivery vehicles carrying fuel, garbage, or similar cargo that cannot be offloaded for inspection and security screening shall utilize the alternative Delivery Access Point located at Third and Maryland Avenue, SW, Washington, DC, for inspection prior to making deliveries to any building within the Capitol Complex, including, but not limited to, the U.S. Capitol Building; the U.S. Botan-ic Garden; the Hart, Dirksen, and Russell Senate Office Buildings; the Rayburn, Longworth, Cannon, and Ford House Office Build-ings; the Thomas Jefferson, John Adams, and James Madison Memorial Library of Congress buildings; the Capitol Power Plant; the Capitol Visitors Center; and the U.S. Supreme Court and Thurgood Marshall Federal Judiciary Buildings.

(c) 4700 Shepherd Parkway SW inspection facility. All other vehicles making deliveries to the above listed locations except for the U. S. Supreme Court shall utilize the off-site inspection and screening facilites at 4700 Shepherd Parkway SW, Washington, DC 20032.

(d) For all deliveries within seven calendar days or prior to the first delivery, the contractor shall provide the following information to the U.S. Capitol Police:

(1) List of drivers;

(2) Date of birth for each driver;

(3) Social Security Number of each driver;

(4) Vehicle make;

(5) Vehicle model;

(6) License tag number and state where vehicle is licensed;

(7) Color of vehicle; and

(8) Contractor name, if shown on the vehicle.

(e) Information for deliveries made through the Shepherd Parkway facility must be faxed to (202) 563-5140. For verification of re-ceipt, the contractor may call (202) 226-0905. Updates to the information must be renewed April 30, August 31, and December 31 of each year and provided to the U.S. Capitol Police whenever repetitive deliveries are anticipated.

(f) Any delivery that does not fall into the before mentioned categories should be coordinated, in advance, with the applicable govern-ment point of contact.

(End of clause)

AOC52.242-2 Contractor Performance Evaluations (Dec 2006)

At the conclusion of contract performance and/or at any point during the performance of this contract, the AOC may elect to evaluate the Contractor and submit a final or interim performance evaluation into the appropriate on-line database designated as the repository of Contractor evaluations for the Federal Government. Any evaluation submitted shall include input from the Contracting Officer's Technical Representative and other agency personnel, as appropriate, and the Contracting Officer. The Contractor shall have the op-portunity to review any evaluations and submit supporting information for any differing of positions between the Contractor and the AOC in accordance with the protocol established by the specific on-line database.

(End of clause)

Section I - Contract Clauses

52.202-1 Definitions (Nov 2013)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(End of clause)

52.214-29 Order of Precedence - Sealed Bidding (Jan 1986)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications);

(b) Representations and other instructions;

(c) Contract clauses;

(d) Other documents, exhibits, and attachments; and

(e) The specifications.

(End of clause)

52.222-41 Service Contract Labor Standards (May 2014)

(a) Definitions. As used in this clause--

"Contractor," when this clause is used in any subcontract, shall be deemed to refer to the subcontractor, except in the term "Govern-ment Prime Contractor."

"Service employee" means any person engaged in the performance of this contract other than any person employed in a bona fide ex-ecutive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons Federal Regulations, as revised. It includes all such persons regardless of any contractual relation-ship that may be alleged to exist between a Contractor or subcontractor and such persons.

(b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of 41 U.S.C. chapter 67, Service Contract Labor Standards, and regulations of the Secretary of Labor (29 CFR Part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 6702, as interpreted in Subpart C of 29 CFR Part 4.

(c) Compensation.

(1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract.

(2)(i) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not lis-ted therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination) so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c).

(ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request For Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regard-ing the agreement or disagreement of the employees' authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, Employment Standards Administration, U.S. Depart-ment of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary.

(iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with a writ-ten copy of such determination or it shall be posted as a part of the wage determination.

(iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determin-ation cannot be reduced to any single formula. The approach used may vary from wage determination to wage determination depend-ing on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pur-suant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determina-tions issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.

(B) In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where ap-propriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the cur-rent wage determination, and those specified for the corresponding classifications in the previously applicable wage determination.

Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlis-ted class of employees, the Contractor shall advise the Contracting Officer of the action taken but the other procedures in subdivision (c)(2)(ii) of this clause need not be followed.

(C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended.

(v) The wage rate and fringe benefits finally determined under this paragraph (c)(2) of this clause shall be paid to all employees per-forming in the classification from the first day on which contract work is performed by them in the classification. Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Service Contract Labor Standards statute and this contract.

(vi) Upon discovery of failure to comply with paragraph (c)(2) of this clause, the Wage and Hour Division shall make a final determ-ination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or classes of em-ployees commenced contract work.

(3) Adjustment of compensation. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits re-quired to be paid or furnished thereunder to service employees under this contract shall be subject to adjustment after 1 year and not less often than once every 2 years, under wage determinations issued by the Wage and Hour Division.

(d) Obligation to furnish fringe benefits. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits spe-cified in the attachment or determined under paragraph (c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or differential cash payments, only in accordance with Subpart D of 29 CFR Part 4.

(e) Minimum wage. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor un-der this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee.

(f) Successor contracts. If this contract succeeds a contract subject to the Service Contract Labor Standards statute under which sub-stantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collect-ively bargained wage rates and fringe benefits, neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor con-tract), less than the wages and fringe benefits provided for in such collective bargaining agreement, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective in-creases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be re-lieved of the foregoing obligation unless the limitations of 29 CFR 4.1b(b) apply or unless the Secretary of Labor or the Secretary's authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor con-tract was not entered into as a result of arm's length negotiations, the Department will issue a new or revised wage determination set-ting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in ac-cordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract (53 Comp. Gen. 401 (1973)).

In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision.

(g) Notification to employees. The Contractor and any subcontractor under this contract shall notify each service employee commen-cing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of 41 U.S.C.

6703 and of this contract.

(h) Safe and sanitary working conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary, hazardous, or dangerous to the health or safety of the service employees. The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925.

(i) Records.

(1) The Contractor and each subcontractor performing work subject to the Service Contract Labor Standards statute shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized repres-entatives of the Wage and Hour Division, Employment Standards Administration, a record of the following:

(i) For each employee subject to the Service Contract Labor Standards statute -

(A) Name and address and social security number;

(B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation;

(C) Daily and weekly hours worked by each employee; and

(D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.

(ii) For those classes of service employees not included in any wage determination attached to this contract, wage rates or fringe bene-fits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph (c) of this clause. A copy of the report required by subdivision (c)(2)(ii) of this clause will fulfill this requirement.

(iii) Any list of the predecessor Contractor's employees which had been furnished to the Contractor as prescribed by paragraph (n) of this clause.

(2) The Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division.

(3) Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regula-tions and this contract, and in the case of failure to produce these records, the Contracting Officer, upon direction of the Department of Labor and notification to the Contractor, shall take action to cause suspension…