LPI synopsis- final.pdf

(a) Content. Each synopsis transmitted to the GPE must address the following data elements, as applicable:

(1) Action Code.

(2) Date. August 24

(3) Year. 2020

(4) Contracting Office ZIP Code. 20250

(5) Product or Service Code. R402

(6) Contracting Office Address. 1400 Independence Avenue SW, Washington DC 20250

(7) Subject. Lender Placed Insurance on Property

(8) Proposed Solicitation Number. 12C0BA20R0006

(9) Closing Response Date. September 17, 2020

(10) Contact Point or Contracting Officer. David Doty, david.doty@usda.gov

(11) Contract Award and Solicitation Number. TBD, 12C0BA20R0006

(12) Contract Award Dollar Amount. TBD

(13) Line Item Number. 10 CLINs per year, FFP and Cost Reimbursable with options for 4 additional one-year periods.

(14) Contract Award Date. On/About October 30, 2020

(15) Contractor. TBD

(16) Description. Lender Placed Hazard Insurance and associated services

(17) Place of Contract Performance. United States and Territories

(18) Set-aside Status. Unrestricted.

(b) Transmittal. Transmissions to the GPE must be in accordance with the interface description available via the Internet at https://www.fbo.gov.

(c) General format for “Description.” Prepare a clear and concise description of the supplies or services that is not unnecessarily restrictive of competition and will allow a prospective offeror to make an informed business judgment as to whether a copy of the solicitation should be requested including the following, as appropriate:

mailto:david.doty@usda.gov https://www.fbo.gov/

This Combined Synopsis/Solicitation is to provide Contractor Services to support Lender Placed Hazard Insurance (LPI) on properties that USDA RD has a financial interest in, along with various ancillary services in conjunction with the LPI coverage placed by the Contractor.

See attached Performance Work Statement (PWS) for detailed description of the various service elements required by this solicitation and subsequent contract award.

The anticipated award date is October 30, 2020, with a 60 day phase in period, and full performance and contractor responsibilities to fully engaged no later than December 30, 2020.

The Contract period of Performance shall be a one-year base period and four (4) one-year option periods.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number is 12C0BA20R0006 and is issued as a request for proposal (RFP).

The provisions and clauses are those in effect through Federal Acquisition Circular 2020-07, the Agriculture Acquisition Regulation AGAR (May 5, 2016), and the USDA Contracting Desk Book (July 2, 2020) and FAR interim rule 2019-009 (July 14, 2020).

This RFP is offered as an unrestricted solicitation under NAICS 524210 – Insurance Agencies and Brokers, with a size standard of $8.0M.

A list of line item number(s) and items, and units of measure are listed on the attached Bid spreadsheet. Offerors are to complete the pricing details on the attached spreadsheet and return it as an element of the cost proposal with the RFP.

For a complete description of requirements for the items to be acquired, refer to the PWS.

The provision at 52.212-1, Instructions to Offerors-Commercial Items applies to this acquisition.

The provision at 52.212-2, Evaluation-Commercial Items is applicable, the specific evaluation criteria/process to be applied to this RFP is as follows:

Evaluation Process:

1. This requirement will be evaluated under Simplified Acquisition Procedures under FAR part 13.5. Award will be made to the offer providing the best value to the government, price and technical factors considered. After receipt of quotes, the Government will calculate the total evaluated price of all vendors and rank them in ascending order. The technical evaluation will begin with the quote calculated to have the lowest total evaluated price. Award will be made to the lowest priced, technically acceptable proposal that conforms to all the requirements.

https://www.acquisition.gov/content/part-12-acquisition-commercial-items#i1112616 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_212-1 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060530

Evaluation Factors:

1. Factor 1 – Price

a. Price will be considered in determining the best value vendor. The Government will calculate each vendor’s total evaluated price by adding the total proposed price of the base requirement and all option periods. Evaluation of options will not obligate the Government to exercise the option(s).

2. Factor 2 – Technical Capability

Technical Capability will be evaluated at the sub-factor.

a. Sub-factor 1 – Staffing Provide a detailed and effective staffing plan, as reflected in a personnel matrix, which identifies the necessary personnel resources given the approach to perform the PWS tasks. Identify the necessary key positions and position descriptions which demonstrate requisite education, experience, or special skills needed to perform PWS tasks. Provide evidence of ability to successfully recruit, train, and replace personnel throughout the life of the contract who have adequate education, experience or special skills to perform PWS tasks.

b. Sub-factor 2 – Staffing Approach Provide a detailed plan that demonstrates the ability to apply industry practices in Lender-Placed Insurance coverage to the case load volume provided by USDA.

Demonstrate the ability to provide technical support for insurance coverage, loss processing, property inspections, flood determination and check printing. Provide a quality control plan which outlines procedures for meeting contract requirements.

Provide a detailed Continuity of Services/Transition Plan in accordance with PWS Section 1.2.4 plan ensuring necessary skill sets will be in place prior to full performance start.

c. Sub-factor 3 – Information Management System (IMS) Provide an online system capable of interfacing with LoanServ specifications with the ability to integrate data automatically from source input to online dashboards. Reports and dashboards shall have the ability to automatically update based on source data by the borrower, contractor, or USDA RD. IMS system requirements in accordance with PWS Section 3.7.

3. Factor 3 – Past Performance

a. Past Performance will be evaluated as a measure of the Government’s confidence in the vendor’s ability to successfully perform the requirements of the solicitation based on recent and relevant past performance efforts. Relevant past performance means the references have a logical connection to the work described in the performance areas identified below and recent past performance means the references are ongoing or were performed within the past five (5) years of proposal due date. The Government will begin its evaluation of a vendor’s past performance by first determining the recency and relevancy of each past performance effort being evaluated.

b. The Government will consider recent past performance information identified by each vendor, as well as any additional recent past performance information obtained by the Government, in determining an overall past performance assessment for each vendor.

c. The Government will evaluate past performance information regarding predecessor companies or principal subcontractor(s) when such information is relevant to the acquisition. Past performance regarding predecessor companies or principal subcontractor(s) that will perform parts of this requirement will be weighted the same (equally as important) as the past performance information for the vendor.

d. While each past performance area does not need to be reflected in a single reference, the Government may give more consideration to a reference which reflects performance in more than one performance area within a single reference.

e. The Government will consider past performance information on relevant projects performed for state and local Governments, as well as in the commercial sector, past performance conducted within the USDA may receive greater consideration when assigning a past performance confidence assessment rating than those for work performed for organizations other than the USDA.

f. Vendors are to provide past performance information in the following performance areas as it relates to Federal, State and local Government, and/or commercial experience:

i. Experience in large volume Lender Placed Insurance policy coverage.

ii. Experience in managing varied policy coverages such as flood, wind, hazard, and mobile homes.

iii. Experience in policy loss processing.

g. The relevancy of each effort will be considered in determining the overall assessment for each Vendor.

h. After all past performance work efforts have been assigned individual relevancy ratings, the Government will assign a single assessment rating. The assigned rating will reflect the Government’s overall confidence in the vendor’s ability to successfully perform this effort considering performance on previous efforts, information identified by each contractor, and/or other information obtained by the Government. The assessment rating is based upon all of the information submitted/obtained and determined relevant by the Government, regardless of whether the information is for a prime or subcontractor(s).

Past Performance which cannot be validated by a source other than the vendor will not be considered in the Past Performance assessment. Note: In the case of a vendor without a record of relevant past performance or for whom information on past performance is not available, that vendor will receive an overall assessment rating of “Neutral” which will be considered neither favorably nor unfavorably.

The Defense Priorities and Allocations System (DPAS) is not applicable.

The date, time and place offers are due. Offerors proposal are due on September 17th, 2020 at 2pm Daylight Savings Time – Eastern time zone. (EDST)

A question and answer period is provided as follows:

1. Questions from industry due to contracting officer by COB August 28, 2020.

2. Questions will be answered by amendment to the solicitation with all Q&As and posted to the EDI portal by COB September 3, 2020

For information regarding the solicitation and for Questions for the Q&A:

POC is David Doty, Contracting Officer Email: david.doty@usda.gov

To aid in developing the technical and priced elements of the offeror’s proposal, RD provides some general information regarding the programs that will be supported by this contract.

The total numbers of properties/loans covered by the USDA RD programs varies on a daily basis; as does the number of loans, loan balances and value of the subject properties. Because of the continuous changes – broad historical averages are provided to gain insight to the scope and magnitude of the program.

USDA RD total portfolio currently averages approximately 224,000+ loans with estimated value of $13.7B.

LPI coverage currently is in place on approximately 19,000 properties.

Property inspections average about 50 per month.

Check printing is currently averaging about 5,500 checks per month.

Mail/Correspondence is currently averaging about 5,000 pieces per month.

Flood Determination/Certifications are estimated at 1500 per month.

When completing the pricing details for the offeror’s proposal – recognize that the Government is asking for specific rate information relative to various Lender Placed Insurance coverage that will provide risk mitigation for properties that USDA RD has a financial interest in. The premium rates (see PWS 3.1.8.1) will be assessed to determine that the premiums charged for the LPI coverage are fair and reasonable and included in ranking from lowest to highest for award consideration. The premium costs will be cost reimbursable expenses, paid directly from FMMI and are not obligated on the contract. The funds utilized to pay the “premium” for insurance coverage is borrower funds managed in Escrow and transferred directly to the KTR thru daily ACH transactions. The contractor’s proposal and CLIN prices are ranked and used in the contract award determination. The contract uses taxpayer dollars to pay for contractor performance and are obligated with the award. The insurance premiums are paid from borrower mailto:david.doty@usda.gov funds (escrow) and are not obligated thru the contract – but the Government is responsible to the borrowers to prudently apply the escrow funds to fairly priced insurance. Since the values of loans and properties covered by LPI varies continuously – the Premium Rates Bid/worksheets include a “Plug Number” to utilize in developing extended amounts to facilitate cost/price evaluation of the proposals. The plug numbers are “representative” of the amounts that may be realized in the LPI program, providing offerors additional insight in developing their pricing strategy for the FFP elements and overall rate strategy.

All offerors are to price the worksheets using the given plug numbers and those totals will be added to the service CLINs pricing against the “historical average quantities” provided to identify a “total overall cost” of the program for ranking and award determination.

APPLICABLE FEDERAL ACQUISITION REGULATION 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 CO will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

• 18TUhttps://www.acquisition.gov/far/index.htmlU18T

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (Oct 2018)

52.224-2 PRIVACY ACT (APR 1984)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

52.227-14 RIGHTS IN DATA – GENERAL (May 2014)

52.232-18 AVAILABILITY OF FUNDS (APR

1984) FULL-TEXT CLAUSES

52.204-8 Annual Representations and Certifications (MAR 2020)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 524210, Insurance Agencies and Brokerages.

• The small business size standard is $8.0M

• The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(a) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing https://www.acquisition.gov/far/index.html https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

• Paragraph (d) applies.

• Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.beta.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date].

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision— “Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(a) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing— https://www.beta.sam.gov/ https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

52.204-26 Covered Telecommunications Equipment or Services-Representation (Dec 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(d) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(e) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_121893902 https://www.sam.gov/

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2019)

(e) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C.

7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-

77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (OCT 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

(6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111- 117, section 743 of Div. C).

X (7) 52.204-15, Service Contract Reporting Requirements for Indefinite- Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

_X_ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (OCT 2018) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

(13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.

644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C.

637(d)(2) and (3)).

X (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C.

637 (d)(4).)

(ii) Alternate I (Oct 2001) of 52.219-9.

(iii) Alternate II (Oct 2001) of 52.219-9.

(iv) Alternate III (July 2010) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

(ii) Alternate I (June 2003) of 52.219-23.

(22) 52.219-25, Small Disadvantaged Business Participation Program— Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and U.S.C. 2323).

(23) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C.

2323).

(24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Nov 2011) (15 U.S.C. 657 f).

_X_ (25) 52.219-28, Post Award Small Business Program Representation (JUL 2013) (15 U.S.C. 632(a)(2)).

(26) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

(27) 52.219-30 Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C.

637(m)).

_X_ (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

_X_ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies

(JAN 2018) (E.O. 13126).

_X_ (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (31) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

_X_ (32) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

_X_ (33) 52.222-36, Affirmative Action for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

X (34) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

X (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

(36) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(39) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

(ii) Alternate I (Dec 2007) of 52.223-16.

_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (AUG 2011).

(41) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

(42) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108- 302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

(ii) Alternate I (Mar 2012) of 52.225-3.

(iii) Alternate II (Mar 2012) of 52.225-3.

(iv) Alternate III (Nov 2012) of 52.225-3.

(43) 52.225-5, Trade Agreements (Sept 2013) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

_X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(45) (45) 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. 2303 Note).

(46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Jul 2013) (42 U.S.C. 5150).

(47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

(49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) (31 U.S.C. 3332).

X (51) 52.232-34, Payment by Electronic Funds Transfer— Other Than System for Award Management (JUL 2013) (31 U.S.C. 3332).

_X_ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(54) (i) 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).

(ii) Alternate I (Apr 2003) of 52.247-64.

(b) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

(1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and U.S.C. 351, et seq.).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

(8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(f) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) 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.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(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 (Apr 2010) (Pub. L.

110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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.

(End of Clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days of the expiration of the contract

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of the contract by written notice to the contractor within 15 days of the expiration of the contract provided, that the Government shall give the contractor a preliminary notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option provision.

(c) The total duration of this contract, including the exercise of options under this clause, shall not exceed 5 years as discussed in 452.211-74 Period of Performance.

52.232-19 -- AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

AGAR CLAUSES APPLICABLE TO THIS ORDER

• 452.211-74 PERIOD OF PERFORMANCE.

The period of performance of this contract is:

Base Period (Dec 30, 2020 – Dec 29, 2021) Option Period 1 (Dec 30, 2021 – Dec 29, 2022)) Option Period 2 (Dec 30, 2022 – Dec 29, 2023)) Option Period 3 (Dec 30, 2023 – Dec 29, 2024)) Option Period 4 (Dec 30, 2024 – Dec 29, 2025))

Attachments:

Performance Work Statement.

SFH Proposed Rates MFH Proposed Rates Bid/Schedule pricing sheet.