M00264-18-Q-0143.pdf

SEE ADDENDUM

(No Collect Calls)

M0026418Q0143 17-Jul-2018

b. TELEPHONE NUMBER

703-784-1316

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 10 Aug 2018

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

M002649. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JOEL M. MIRO MARQUEZ

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MCINCR - RCO

2010 HENDERSON RD

JOEL MIRO MARQUEZ

QUANTICO VA 22134

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 703-784-1316

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$27,500,000

NAICS:

541513

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF40

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

PWS

Performance Work

Statement

Preventive

Maintenance for

Newlin Hall Enterprise Data

Center

Marine Corps Base Quantico

National Capital Region

1. Objective

The objective of this service agreement is to obtain Preventive and Predictive Maintenance through contractor support to maintain all existing emergency back-up power to include

Uninterruptible Power Supplies (UPS), Automatic Transfer Switches (ATS,) Static Transfer

Switches, Power Distribution Units (PDU’s), Power Switch Boards, Generators, batteries and

Heating, Ventilation, and Air Conditioning (HVAC) Systems and cleaning of under and above raised floor spaces that operate in direct support of the Information Technology (IT) environment in this data center.

This Performance Work Statement (PWS) also includes the maintaining of the Selective

Catalytic Reducer (SCR) located at Newlin Hall. The SCR system aids in the correct dosing of emission control chemicals once the 2MW generator is started in support of IT services.

2. Scope

The contractor shall provide all labor and parts required to perform maintenance service on the equipment listed in attachment “A” to ensure a 100% operating condition 24 hours a day, seven (7) days a week in accordance with Original Equipment Manufacturers (OEM) standards.

3. Certification Requirements/Contractor Responsibilities

All technicians must have a minimum of five (5) years’ experience and be factory certified by the Original Equipment Manufacturer (OEM).

Infrared Thermograph (IR) testing shall be performed by a Level-1 Certified Infrared

Thermographer at minimum.

The contractor shall remove all waste material generated or resulting from this work. The contractor's price for firm-fixed price line items and all estimated costs under the time & material line items shall include disposal, in accordance with all applicable laws and regulations, of all waste generated from or resulting from the work required by this contract, including removal of debris and disposal of batteries.

4. Tasks

4.1 Task 1: Preventive Maintenance/Service Check (FFP)

4.1.1. The Contractor shall provide all parts and labor to perform two (2) preventative maintenance (PM) service checks per year in accordance with OEM standards on all UPS systems, static transfer switches, PDU’s, switch boards, generators and batteries and the

SCR system. The Contractor shall provide a PM maintenance schedule to the Contracting

Officer’s Representative (COR).

4.1.2. The contractor shall perform one (1) Infrared Thermal Imaging (IR) scan per year on all electrical and HVAC equipment to include Computer Room Air Conditioning Units (CRAC’s), UPS systems, Static Transfer Switches, PDU’s, Switch Boards, Breakers, and Transformers. The contractor shall coordinate with the designated COR the exact dates for services execution of this task.

4.1.3 The contractor shall provide, two (2) preventive maintenance visits/service calls per year with load bank on the Selective Catalytic Reduction system (SCR) to ensure the Government is in compliance and operating within Environmental Protection Agency (EPA) standards. The contractor shall coordinate with the designated COR the exact dates for services execution of this task.

4.1.4. Maintenance shall be conducted using test equipment that has been calibrated annually.

4.2 Task 2: Equipment Corrective Maintenance (T&M)

4.2.1. The Contractor shall provide all parts and labor to issue corrective maintenance on malfunctioning equipment, when needed.

4.2.2. Service calls to perform corrective maintenance on malfunctioning equipment shall be responded to within four (4) hours, 24 hours per day, seven (7) days a week, including holidays.

4.2.3. All corrective maintenance services shall be completed within 24 hours after the service call is initiated by the Govenrment.

4.3 Task 3: Data Floor Cleaning (FFP)

The contractor shall conduct floor cleaning four (4) times per year on a quarterly basis of all raised data center spaces in Newlin Hall, bldg. 3255 rooms 106, 107, 179. In addition this work includes cleaning of the interior and exterior of all Computer Room Air Conditioners (CRAC), racks and Power Distribution Units (PDU) within these areas. Cleaning consists of using a High

Efficiency Particulate Air (HEPA) vacuum to remove all debris from under the raised floor, Damp mop the floor using anti-static cleaning solution, and wiping down all equipment listed above with anti-static cleaning solution. The contractor shall coordinate with the designated

COR the exact dates for services execution of this task.

4.4 Task 4: Program Management Support Services (FFP)

4.4.1 The Contractor shall provide the Government with an on-call technical support representative to coordinate corrective and preventative maintenance services on the data center equipment listed in Attachment “A”. The On-call technical support representative will remain in an on- call status 24 hours a day, 7 days a week.

4.4.2 The on-call technical support representative will perform the following functions:

Coordinate corrective and preventative maintenance services on the electrical and

HVAC systems as required to maintain critical services in Newlin Hall.

Escalate, mobilize, and coordinate necessary labor, tools, equipment, and engineering to prevent avoidable system outages.

In the event of an unscheduled outage, the Contractor shall provide systematic and controlled restoration in accordance with OEM and industry best practices.

4.5 Task 5: Battery Installation / Disposal (FFP)

4.5.1 The Contractor shall deliver and install batteries at Newlin Hall aboard MCB, Quantico. The batteries shall be capable of maintaining operability of the UPS until the supporting generator accepts the electrical load of the data center in the event the data center loses shore power.

4.5.2 The Contractor shall remove and dispose of batteries currently in-place in accordance with EPA and all associated industry standards.

5. Government Responsibilities

The Government shall provide escorts for contractor personnel working in ALL classified and unclassified spaces.

6. Security Clearance

6.1 The Contractor shall be escorted when performing ALL services. The contractor shall contact the Contracting Officer Representative (COR) Mr. John Leonard at 703 784-4049 or

703 784-2195 to request Government escorts.

6.2 The contractor shall ensure compliance with Marine Corps Administrative Message

(MARADMIN) 098/10 entitled “HOMELAND SECURITY PRESIDENTIAL DIRECTIVE

(HSPD) 12 COMPLIANCE WITHIN THE MARINE CORPS”.

6.3 All personnel performing tasks under this contract must be US citizens and no foreign nationals shall have access to any documents, test reports, or materials, regardless of the security classification of the material. Any temporary personnel (i.e. visitors to any data center facilities) performing tasks under this contract will be escorted at all times within the facility, therefore not requiring a security clearance.

7. Place of Performance

All services shall be performed at Newlin Hall, Bldg. 3255, Marine Corps Base (MCB), Quantico, VA 22134.

8. Performance Requirement Summary (PRS)

Task Deliverable Performance

Standard

Acceptable

Quality Level

(AQL)

Survelliance

Method

Task #1:

Preventative

Maintenance /

Service

Checks

-Two (2) PM service checks per year on all UPS systems, static transfer switches, PDU’s, switch boards, generators and batteries and the SCR system

-One (1) IR scan per year on all electrical and HVAC equipment to include CRAC’s, UPS systems, Static Transfer

Switches, PDU’s, Switch

Boards, Breakers, and

Transformers.

-Two (2) load bank tests per year on the SCR

-Services shall be performed IAW OEM standards

-Services shall be performed IAW OEM standards

-Ensure all equipment is in compliance and operating within EPA standards

-100% of work completed within the funded PoP and IAW the associated performance standard

-100% of work completed within the funded PoP and IAW the associated performance standard

-100% of work completed within the funded PoP and IAW the associated performance standard

-COR

survelliance of Contractor performance.

-COR

survelliance

-COR

survelliance of Contractor performance.

Task #2:

Equipment

Corrective

Maintenance

-Provide all parts and labor to perform corrective maintenance on malfunctioning equipment, when needed

-Respond to service calls within four (4) hours, 24 hours per day, seven (7) days a week, including holidays

-Complete all corrective maintenance services within 24

-95% successfully meeting required response time

-COR

survelliance hours of the service call initiation.

Task #3: Data

Floor

Cleaning

-Floor cleaning four (4) times per year on a quarterly basis of all raised data center spaces.

-Cleaning of the interior and exterior of all CRAC, PDU within these areas.

-Clean using a HEPA vacuum

-Damp mop the floor using anti-static cleaning solution, and wiping down all equipment with anti-static cleaning solution.

100% of work completed within the funded PoP and IAW the associated performance standard

-COR

survelliance of Contractor performance.

Task #4:

Program

Management

Support

Services

-Provide an on-call technical support representative to coordinate corrective and preventative maintenance services on the data center equipment

-Available to coordinate services 24 hours per day, seven

(7) days a week, including holidays

-95% successfully meeting required response time

-COR

survelliance of Contractor performance.

Task #5:

Battery

Installation /

Disposal

-Deliver and install batteries at

Newlin Hall aboard MCB, Quantico.

-Remove and dispose batteries currently in-place

-Batteries shall be capable of maintaining operability of the UPS until the supporting generator accepts the electrical load of the data center in the event the data center loses shore power.

-Removal and disposal shall take place IAW

EPA and all associated industry standards.

100% of work completed by the delivery date

IAW the associated performance standard

-COR

survelliance

Equipment List for Newlin Hall

Bldg Room EQ ID Product Name Manufacturer Model

Newlin Hall

STS-EMF

Static Transfer Switch

Emerson Network Power/Liebert Percision Power

STA0250A122793se r

PDU B2-2A

Power Distribution Unit (PDU)

PPA150C

Newlin Hall Outsi de

ACC-4 Condenser Emerson Network Power/Liebert Percision Power DCDF415-A

Newlin Hall Outsi de

ACC-3 Condenser Emerson Network Power/Liebert Percision Power DCDF415-A

UPS-A2

UPS

UDA63750A36A824

PDU A2-2A Batt

UPS Batteries

BPAJ14F24027000

PDU A2-2A

Switch Board

Square D Company

18159954-002

18159954-002

PDU A2-1A

PDU B2-3A

Newlin Hall Outsi de

ACC-5 Condenser Emerson Network Power/Liebert Percision Power DCDF415-A

PDU A2-3A

18159954-001

18159954-001

UPS B2

UDA63750A36A824

UPS B2 Batt 1

U36BP225RJBNUUU

UPS B2 Batt 2

UPS B2 Batt 3

UPS B2 Batt 4

Newlin Hall Outsid e

ACC-13 Condenser Emerson Network Power/Liebert Percision Power DCDF415-A

Newlin Hall Outsid e

ACC-2 Condenser Emerson Network Power/Liebert Percision Power DCDF415-A

Newlin Hall Outsid e

ACC-1 Condenser Emerson Network Power/Liebert Percision Power DCDF415-A

PDU B2-1A

Transformer

ACME

T-3-53314-3S

STS2-UPS

Static Transfer Switch

STA0250A122793

Eaton/Cutler-Hammer

V48M47T45CULS42

V48M47T45CULS42

V48M28T75CU

PPC075C

e

ACC-8 Condenser Emerson Network Power/Liebert Percision Power DCDF415-A

Newlin Hall Outsid e

ACC-12 Condenser Emerson Network Power/Liebert Percision Power DCDF415-A

Newlin Hall Outsid e

ACC-14 Condenser Emerson Network Power/Liebert Percision Power DCDF415-A

Newlin Hall Outsid

ACC-6 Condenser Emerson Network Power/Liebert Percision Power DCDF415-A

PDU-EMF

PDU B1-2

PPA225C

PDU A1-2

PDU B1-4

PDU A1-4

e

ACC-9 Condenser Emerson Network Power/Liebert Percision Power DCDF415-A

Newlin Hall Outsid e

ACC-7 Condenser Emerson Network Power/Liebert Percision Power DCDF415-A

Newlin Hall Outsid

ACC-10 Condenser Emerson Network Power/Liebert Percision Power DCDF415-A

PDU A1-3

PDU B1-3

PDU A1-1

PDU B1-1

e

ACC-15 Condenser Emerson Network Power/Liebert Percision Power DCDF415-A

Newlin Hall Outsid e

ACC-11 Condenser Emerson Network Power/Liebert Percision Power DCDF415-A

Newlin Hall Outsid e

ACC-16 Condenser Emerson Network Power/Liebert Percision Power DCSF308-A

Newlin Hall Outsid e

ACC-17 Condenser Emerson Network Power/Liebert Percision Power DCSF308-A

Newlin Hall UPS Rm

CRU-16 HVAC Emerson Network Power/Liebert Percision Power HMF40A0AAE0S768

Newlin Hall UPS Rm

CRU-17 HVAC Emerson Network Power/Liebert Percision Power HMF40A0AAE0S768

Newlin Hall 237 CRU-14 EMF HVAC Emerson Network Power/Liebert Percision Power DH199A-CAEI

Newlin Hall 107 CRU-11 HVAC Emerson Network Power/Liebert Percision Power VH290AUAAEI

Newlin Hall 106 CRU-12 HVAC Emerson Network Power/Liebert Percision Power VH290AUAAEI

Newlin Hall 179 CRU-7 HVAC Emerson Network Power/Liebert Percision Power VH290AUAAEI

Newlin Hall 179 CRU-1 HVAC Emerson Network Power/Liebert Percision Power VH290AUAAEI

Newlin Hall 179 CRU-4 HVAC Emerson Network Power/Liebert Percision Power VH290AUAAEI

Newlin Hall 179 CRU-2 HVAC Emerson Network Power/Liebert Percision Power VH290AUAAEI

Newlin Hall 106 CRU-9 HVAC Emerson Network Power/Liebert Percision Power VH290AUAAEI

Newlin Hall 106 CRU-8 HVAC Emerson Network Power/Liebert Percision Power VH290AUAAEI

Newlin Hall 107 CRU-10 HVAC Emerson Network Power/Liebert Percision Power VH290AUAAEI

Newlin Hall 106 CRU-13 HVAC Emerson Network Power/Liebert Percision Power VH290AUAAEI

Newlin Hall 179 CRU-5 HVAC Emerson Network Power/Liebert Percision Power VH290AUAAEI

Newlin Hall 179 CRU-3 HVAC Emerson Network Power/Liebert Percision Power VH290AUAAEI

Newlin Hall 179 CRU-6 HVAC Emerson Network Power/Liebert Percision Power VH290AUAAEI

Newlin Hall 179 CRU-15 HVAC Emerson Network Power/Liebert Percision Power VH290AUAAEI

Newlin Hall 108 EMF-18 HVAC Emerson Network Power/Liebert Percision Power FH376C-AAEI

Outsid

GEN-1

Generator

Caterpiller

SR 4 B

Newlin Hall 108 EMF-19 HVAC Emerson Network Power/Liebert Percision Power FH376C-AAEI

Rm

MSA

18166619-002

MSA

18166619-001

18166619-001

18166619-002

UPS-B1

UDA63750A36AS21

UPS-B1 Batt 1

U36BP500WHBNUUU

UPS-B1 Batt 2

UPS-B1 Batt 3

UPS-A1

UDA63750A36AS21

UPS-A1 Batt 1

UPS-A1 Batt 2

UPS-A1 Batt 3

GS1

Pow-R-Line C Switch Board

MYL00527

MSA Gen

MSB Gen

MSB UTIL

MSA UTIL

US1

Newlin Hall 108 CRU-20 EMF HVAC Emerson Network Power/Liebert Percision Power DH245A-AAEI

ATS-GP

Automatic Transfer Switch

ASCO Services, Inc.

Unknown compressor

Catalitic converter

Ingersoll Ran

SS3-E

M0026418Q0143

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Preventive Maintenance/Service Check

FFP

The contractor shall provide preventive maintenance and service check IAW PWS

4.1.

NET AMT

0001AA 2 Each Two (2) service checks

FFP

the contractor shall provide two (2) service checks per year IAW PWS 4.1.1.

FOB: Destination

0001AB 1 Each One (1) IR Scan

FFP

The contractor shall provice one (1) IR Scan per year IAW PWS 4.1.2.

0001AC 2 Each Site visit for load bank tests on SCR

FFP

the contractor shall provide two (2) site visits for load bank tests on SCR IAW

PWS 4.1.2.

0002 125,000 Equipment Corrective Maintenance

T&M

The contractor shall provide parts and labor to perform corrective maintenance

IAW PWS 4.2.

Period of applicability for this line item is is listed under the Delivery

Information. FAR 52.232-7 (e) states, “Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract." For T&M CLIN

0002, the ceiling price is established as NTE $125K.

TOT ESTIMATED PRICE

CEILING PRICE

0003 4 Each Data Floor Cleaning

FFP

The contractor shall conduct floor cleaning IAW PWS 4.3.

0004 12 Each Program Management Support Services

FFP

The contractor shall provide the Government with an on-call technicall support representative to coordinate repair IAW PWS 4.4.

0005 1 Each Battery Installation/Disposal

FFP

The contractor shall deliver, install and dispose battery IAW PWS 4.5.

OPTION Preventive Maintenance/Service Check

FFP

1001AA 2 Each OPTION Two (2) service checks

FFP

1001AB 1 Each OPTION One (1) IR Scan

FFP

1001AC 2 Each OPTION Site visit for load bank tests on SCR

FFP

the contractor shall provide two (2) site visits for load bank tests on SCR IAW

1002 128,750 OPTION Equipment Corrective Maintenance

T&M be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract." For T&M CLIN

1002, the ceiling price is established as NTE $128,750.00.

1003 4 Each OPTION Data Floor Cleaning

FFP

1004 12 Each OPTION Program Management Support Services

FFP

The contractor shall provide the Government with an on-call technicall support

OPTION Preventive Maintenance/Service Check

FFP

2001AA 2 Each OPTION Two (2) service checks

FFP

2001AB 1 Each OPTION One (1) IR Scan

FFP

2001AC 2 Each OPTION Site visit for load bank tests on SCR

FFP

the contractor shall provide two (2) site visits for load bank tests on SCR IAW

OPTION Equipment Corrective Maintenance

T&M be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract." For T&M CLIN

2002, the ceiling price is established as NTE $132,612.50.

2003 4 Each OPTION Data Floor Cleaning

FFP

2004 12 Each OPTION Program Management Support Services

FFP

The contractor shall provide the Government with an on-call technicall support

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A

0001AA Destination Government Destination Government

0001AB Destination Government Destination Government

0001AC Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

1001 N/A N/A N/A N/A

1001AA Destination Government Destination Government

1001AB Destination Government Destination Government

1001AC Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

2001 N/A N/A N/A N/A

2001AA Destination Government Destination Government

2001AB Destination Government Destination Government

2001AC Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

2004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0001AA POP 28-SEP-2018 TO

27-SEP-2019

N/A N/A

0001AB POP 28-SEP-2018 TO

0001AC POP 28-SEP-2018 TO

0002 POP 28-SEP-2018 TO

0003 POP 28-SEP-2018 TO

0004 POP 28-SEP-2018 TO

0005 60 dys. ADC 1 N/A

1001 N/A N/A N/A N/A

1001AA POP 28-SEP-2019 TO

27-SEP-2020

1001AB POP 28-SEP-2019 TO

1001AC POP 28-SEP-2019 TO

1002 POP 28-SEP-2019 TO

1003 POP 28-SEP-2019 TO

1004 POP 28-SEP-2019 TO

2001 N/A N/A N/A N/A

2001AA POP 28-SEP-2020 TO

27-SEP-2021

2001AB POP 28-SEP-2020 TO

2001AC POP 28-SEP-2020 TO

2002 POP 28-SEP-2020 TO

2003 POP 28-SEP-2020 TO

2004 POP 28-SEP-2020 TO

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Security Requirements AUG 1996

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.209-12 Certification Regarding Tax Matters FEB 2016

52.212-1 Instructions to Offerors--Commercial Items JAN 2017

52.212-3 Offeror Representations and Certifications--Commercial

Items

NOV 2017

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.245-1 Government Property JAN 2017

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General DEC 2012

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.211-7007 Reporting of Government-Furnished Property AUG 2012

252.215-7007 Notice of Intent to Resolicit JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.246-7003 Notification of Potential Safety Issues JUN 2013

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.246-7008 Sources of Electronic Parts MAY 2018

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2018)

(a) 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

(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: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (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's 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 (July 2013) (41

U.S.C. 2313).

____ (10) [Reserved]

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

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014)

(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

X (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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

____ (iii) Alternate II (Nov 2016) of 52.219-9.

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Nov 2016) of 52.219-9.

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

X (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

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

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.)

____ (35)(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.)

X (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

X (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(June, 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and

13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s

13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

X (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (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, 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 (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31

U.S.C. 3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July

2013) (31 U.S.C. 3332).

____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

____ (60)(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.

(c) 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: (Contracting Officer check as appropriate.)

X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

X (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple

Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY

2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 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).

_____ (7) 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).

X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

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

(d) 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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

(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 (March 2, 2015) (22 U.S.C. chapter 78 and E.O.

13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and 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.)

(xvii) 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)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

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

(xvi) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

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

(xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xix) 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.

(xx) 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 30 days (insert the period of time within which the Contracting Officer may exercise the option).

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days (insert the period of time within which the Contracting Officer may exercise the option); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days (60 days unless a different number of days is inserted) 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 clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36

Month.

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29

CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

WD 05-4281 (Rev.-15) was first posted on www.wdol.gov on 07/03/2018 http://www.wdol.gov/

52.232-7 PAYMENTS UNDER TIME AND MATERIALS AND LABOR HOUR CONTRACTS (AUG 2012)

The Government will pay the Contractor as follows upon the submission of vouchers approved by the Contracting

Officer or the authorized representative:

(a) Hourly rate. (1) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are--

(i) Performed by the Contractor;

(ii) Performed by the subcontractors; or

(iii) Transferred between divisions, subsidiaries, or affiliates of the Contractor under a common control.

(2) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the Schedule by the number of direct labor hours performed.

(3) The hourly rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by employees that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(4) The hourly rates shall include wages, indirect costs, general and administrative expense, and profit. Fractional parts of an hour shall be payable on a prorated basis.

(5) Vouchers may be submitted not more than once every two weeks, to the Contracting Officer or authorized representative. A small business concern may receive more frequent payments than every two weeks. The Contractor shall substantiate vouchers (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment and by--

(i) Individual daily job timekeeping records;

(ii) Records that verify the employees meet the qualifications for the labor categories specified in the contract; or

(iii) Other substantiation approved by the Contracting Officer.

(6) Promptly after receipt of each substantiated voucher, the Government shall, except as otherwise provided in this contract, and subject to the terms of paragraph (e) of this clause, pay the voucher as approved by the Contracting

Officer or authorized representative.

(7) Unless otherwise prescribed in the Schedule, the Contracting Officer may unilaterally issue a contract modification requiring the Contractor to withhold amounts from its billings until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government's interests. The Contracting Officer may require a withhold of 5 percent of the amounts due under paragraph (a) of this clause, but the total amount withheld for the contract shall not exceed $50,000. The amounts withheld shall be retained until the Contractor executes and delivers the release required by paragraph (g) of this clause.

(8) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the

Contractor having performed work on an overtime basis. If no overtime rates are provided in the Schedule and overtime work is approved in advance by the Contracting Officer, overtime rates shall be negotiated. Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract. If the

Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(b) Materials. (1) For the purposes of this clause--

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

(ii) Materials means--

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the Contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.); and

(D) Applicable indirect costs.

(2) If the Contractor furnishes its own materials that meet the definition of a commercial item at 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the--

(i) Quantities being acquired; and

(ii) Actual cost of any modifications necessary because of contract requirements.

(3) Except as provided for in paragraph (b)(2) of this clause, the Government will reimburse the Contractor for allowable cost of materials provided the Contractor--

(i) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(ii) Ordinarily makes these payments within 30 days of the submission of the Contractor's payment request to the

Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(4) Payment for materials is subject to the Allowable Cost and Payment clause of this contract. The Contracting

Officer will determine allowable costs of materials in accordance with Subpart 31.2 of the Federal Acquisition

Regulation (FAR) in effect on the date of this contract.

(5) The Contractor may include allocable indirect costs and other direct costs to the extent they are--

(i) Comprised only of costs that are clearly excluded from the hourly rate;

(ii) Allocated in accordance with the Contractor's written or established accounting practices; and

(iii) Indirect costs are not applied to subcontracts that are paid at the hourly rates.

(6) To the extent able, the Contractor shall--

(i) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(ii) Take all cash and trade discounts, rebates, allowances, credits, salvage, commissions, and other benefits. When unable to take advantage of the benefits, the Contractor shall promptly notify the Contracting Officer and give the reasons. The Contractor shall give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that have accrued to the benefit of the Contractor, or would have accrued except for the fault or neglect of the Contractor. The Contractor shall not deduct from gross costs the benefits lost without fault or neglect on the part of the Contractor, or lost through fault of the Government.

(7) Except as provided for in 31.205-26(e) and (f), the Government will not pay profit or fee to the prime Contractor on materials.

(c) If the Contractor enters into any subcontract that requires consent under the clause at…