N4019220R9002_SF 33 NECC EQUIPMENT MAINT.pdf

Solicitation No.

N40192-20-R-9002

NAVY EXPEDITIONARY COMBAT COMMAND

(NECC) EQUIPMENT MAINTENANCE AND

REPAIR FOR THE CIVIL ENGINEERING COMBAT

COMMAND ON NAVAL BASE GUAM

STANDARD FORM 33

CODE

(Hour)

PAGE(S)

until 02:00 PM local time 17 Jan 2020

X

A X B X C

D

EX

X G F 37 - 43

44 - 53 X H 54 - 58 lee-michael.rosario@fe.navy.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

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

DO-C3 1 58

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N40192 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 4 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

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

* SEE SECTION L.1

conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

LEE MICHAEL ROSARIO 671-339-5122

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 7

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

8 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

10 - 11

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 12 - 13 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 14 - 17 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

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

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

18 - 35

PART II - CONTRACT CLAUSES

COMMANDING OFFICER - NAVFAC MARIANAS

FSC

PSC 455, BOX 195

FPO AP 96540-2937

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

17 Dec 2019

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N4019220R9002

Section A - Solicitation/Contract Form

GENERAL OVERVIEW

A.1 GENERAL OVERVIEW OF EQUIPMENT MAINTENANCE SERVICES CONTRACT

The intent of this solicitation is to obtain Equipment Maintenance and Repair Services of Civil Engineering Support Equipment (CESE) for Navy Expeditionary Combat Command, Pacific (NECCPAC) in support of Civil Engineering Combat Command on Naval Base Guam.

A.2 CONTRACT TYPE

This acquisition will be solicited as a Total Small Business Set- Aside procurement. This acquisition will result in an Indefinite Delivery, Indefinite Quantity (IDIQ) contract with recurring and non-recurring work. The term “recurring work” refers to the Firm Fixed Price (FFP) portion of the contract, while “non-recurring work” refers to the IDIQ portion of the contract.

A.3 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE

The NAICS code is 811310 Commercial and Industrial Machinery and Equipment repair and maintenance.. The size standard associated with NAICS 811310 is $8,000,000. This industry comprises establishments primarily engaged in the repair and maintenance of commercial and industrial machinery and equipment.

Section B - Supplies or Services and Prices

SECTION B: SUPPLIES OR SERVICE

B.1 CONTRACT LINE ITEMS (CLINS), SUBCONTRACT LINE ITEMS (SLINS) AND EXHIBIT LINE

ITEMS (ELINS)

a. Offerors shall enter amounts for CLINs and ELINs as indicated in the schedules and any accompanying exhibits (see Section J). Round all prices to the nearest dollar. This applies to all CLINs, SLINs and ELINs.

b. In the event there is a difference between a unit price and the extended total amount, the unit price will be held to be the intended offer and the total of the CLINs and ELINs will be recomputed accordingly. The CLIN which includes recomputed contract ELINs will also be recomputed to take into account the change in the contract ELINs. If the offeror provides a total amount for a CLIN or ELIN but fails to enter the unit price, the total amount divided by the CLIN or ELIN quantity will be held to be in the intended unit price.

c. ELINs are included in Exhibits A through C, Section J. Pricing should be prepared for, Base period and two

(2) Option Periods.

B.2 CONTRACT VERBIAGE

Throughout the contract, the terms Annex and Technical Specification (TS) are used interchangeably.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Each

MOBILIZATION PERIOD FFP

FFP

The Contractor shall provide all labor, management, supervision, tools, materials, and equipment necessary to perform Equipment Maintenance and Repair Services in accordance with the Performance Work Statement (PWS)

MOBILIZATION.PERIOD, RECURRING WORK, FIRM FIXED PRICE.

PERIOD OF PERFORMANCE: 01 April 2020- 30 April 2020 for EXHIBIT A, ELINS A001.

FOB: Destination

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 1 Each

BASE PERIOD RECURRING FFP

FFP

The Contractor shall provide all labor, management, supervision, tools, materials, and equipment necessary to perform Equipment Maintenance and Repair Services in accordance with the Performance Work Statement (PWS). BASE PERIOD, RECURRING WORK, FIRM FIXED PRICE. PERIOD OF PERFORMANCE:

01 May 2020 - 31 March 2021 for EXHIBIT A, ELINS A002- A003.

UNIT UNIT PRICE MAX AMOUNT

0003 1 Each

BASE PERIOD NON-RECURRING IDIQ

FFP

The Contractor shall provide all labor, management, supervision, tools, materials, and equipment necessary to perform Equipment Maintenance and Repair Services in accordance with the Performance Work Statement (PWS). BASE PERIOD, NON-RECURRING WORK, IDIQ. PERIOD OF PERFORMANCE: 01 May 2020 - 31 March 2021 for EXHIBIT A, ELINS A700- A701.

UNIT UNIT PRICE MAX AMOUNT

0004 1 Each

OPTION FIRST OPTION PERIOD RECURRING FFP

FFP

The Contractor shall provide all labor, management, supervision, tools, materials, and equipment necessary to perform Equipment Maintenance and Repair Services in accordance with the Performance Work Statement (PWS). FIRST PERIOD, RECURRING WORK, FIRM FIXED PRICE. PERIOD OF PERFORMANCE:

01 April 2021 - 31 March 2022 for EXHIBIT B, ELINS B002- B003.

UNIT UNIT PRICE MAX AMOUNT

0005 1 Each

OPTION FIRST OPTION PERIOD NON-RECURRING IDIQ

FFP

The Contractor shall provide all labor, management, supervision, tools, materials, and equipment necessary to perform Equipment Maintenance and Repair Services in accordance with the Performance Work Statement (PWS).FIRST OPTION

PERIOD, NON-RECURRING WORK, IDIQ. PERIOD OF PERFORMANCE:

01 April 2021 - 31 March 2022 for EXHIBIT B, ELINS B700- B701.

UNIT UNIT PRICE MAX AMOUNT

0006 1 Each

OPTION SECOND OPTION PERIOD RECURRING FFP

FFP

The Contractor shall provide all labor, management, supervision, tools, materials, and equipment necessary to perform Equipment Maintenance and Repair Services in accordance with the Performance Work Statement (PWS). SECOND OPTION

PERIOD, RECURRING WORK, FIRM FIXED PRICE. PERIOD OF

PERFORMANCE: 01 April 2022 - 28 Feb 2023 for EXHIBIT C, ELINS C002- C003.

UNIT UNIT PRICE MAX AMOUNT

0007 1 Each

OPTION SECOND OPTION PERIOD NON-RECURRING IDIQ

FFP

The Contractor shall provide all labor, management, supervision, tools, materials, and equipment necessary to perform Equipment Maintenance and Repair Services in accordance with the Performance Work Statement (PWS). SECOND OPTION

PERIOD, NON-RECURRING WORK, IDIQ. PERIOD OF PERFORMANCE:

01 April 2022 - 28 Feb 2023 for EXHIBIT C, ELINS C700- C701.

UNIT UNIT PRICE MAX AMOUNT

0008 1 Each

OPTION DEMOBILIZATION PERIOD FFP

FFP

The Contractor shall provide all labor, management, supervision, tools, materials, and equipment necessary to perform Equipment Maintenance and Repair Services in accordance with the Performance Work Statement (PWS).

DEMOBILIZATION PERIOD RECURRING WORK, FIRM FIXED PRICE.

PERIOD OF PERFORMANCE: 01 March 2023- 31 March 2023 for EXHIBIT C, ELINS C004.

Section C - Descriptions and Specifications

SECTION C- DESCRIPTION

C1. DESCRIPTION OF WORK

The outcome to be achieved is the provision of all labor, management, supervision, tools, materials, and equipment required to accomplish all work to perform Equipment Maintenance and Repair Servcies as defined in the Performance Work Statement (PWS) to the Civil Engineering Support Command, Naval Base Guam. The Performance Work Statement (PWS) – Attachment JC-1 -includes the Facility Support Contract and Base Operations Support (FSC/BOS) services templates for the following Annexes:

• Annex 0100000 General Information

• Annex 0200000 Management and Administration

• Annex 1700000 Equipment Maintenance

C.2 PLACE OF PERFORMANCE

The place of performance for the work to be ordered under this contract is various Military Installations, Guam Marianas Islands.

PWS Format

- Specification (Spec) Item 1 – General Information – Non-Cost information unique to the understanding of the technical requirements of this functional area.

- Spec Item 2 – Management & Administration – Management and Administrative requirements unique to the planning, execution, management and administration of the performance requirements of this specification.

- Spec Item 3 – Firm Fixed Price (FFP) Recuring Work requirments.

- Spec Item 4 – Indefinite Delivery Indefinite Quantity (IDIQ) Non-Recurring Work requirements.

Section E - Inspection and Acceptance

INSPECTION & ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE (DESTINATION)

Inspection and acceptance of the services to be furnished hereunder shall be made at destination by the Contracting Officer's Representative (COR), Technical Point of Contact/Subject Matter Expert (TPOC/SME).

E.2 PERFORMANCE EVALUATION MEETINGS

The Contractor shall meet with the Government as often as necessary at the discretion of the Contracting Officer. A mutual effort will be made to resolve all problems identified. The written minutes of these meetings, prepared by the Government, shall be signed by the Contractor's representative and the Government's representative. Should the Contractor not concur with the minutes, the Contractor shall state, in writing, to the Contracting Officer any areas of disagreement within 15 calendar days.

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 Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-15 Certificate of Conformance APR 1984

Section F - Deliveries or Performance

DELIVERIES OR PERFORMANCE

F.1 TERM OF CONTRACT

The base contract term commences on 01 May 2020 and shall be for a period of 12 months, with two (2) 12-month option periods. The Government has the unilateral option to extend the term of the contract in accordance with FAR 52.217-8, “OPTION TO EXTEND SERVICES (NOV 1999)” and FAR 52.217-9, “OPTION TO EXTEND THE

TERM OF THE CONTRACT (MAR 2002)”.

F.2 PLACE OF PERFORMANCE

The place of performance for this contract is various Military Installations located on Guam Marianas Islands.

F.3 CONTRACT DELIVERABLES

The Deliverables are provided in Annex 0200000 and Annex 1700000 Section F.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2020 TO

30-APR-2020

N/A COMMANDING OFFICER - NAVFAC

MARIANAS

FSC

PSC 455, BOX 195

FPO AP 96540-2937

671-339-5122

N40192

0002 POP 01-MAY-2020 TO

31-MAR-2021

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-MAY-2020 TO

31-MAR-2021

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-APR-2021 TO

31-MAR-2022

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-APR-2021 TO

31-MAR-2022

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-APR-2022 TO

28-FEB-2023

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-APR-2022 TO

28-FEB-2023

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-MAR-2023 TO

31-MAR-2023

N/A (SAME AS PREVIOUS LOCATION)

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984

Section G - Contract Administration Data

CONTRACT ADMINISTRATIVE DATA

G.1 TECHNICAL DIRECTION

(a) As provided by the contract clause, “CONTRACTING OFFICER’S REPRESENTATIVE (COR)”, performance of work under this contract is subject to the written technical direction of the COR, who shall be specifically appointed by the Contracting Officer in writing. “Technical Direction” means a directive to the Contractor that approves approaches, solutions, or refinements; fills in details or otherwise completes the general description of the work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instructions to the Contractor.

(b) The COR does not have the authority to, and shall not, issue any instruction purporting to be technical direction which:

(1) Constitutes an assignment of additional work outside the PWS;

(2) Constitutes a change as defined in the Changes clause;

(3) In any manner causes an increase or decrease in the total estimated cost or the time required for contract performance;

(4) Changes any of the expressed terms, conditions, or specifications of the contract;

(5) Interferes with the Contractor’s rights to perform the terms and conditions of the contract, or;

(6) Authorizes the Contractor to incur costs in excess of the estimated cost or other limitations on cost or funds set forth in this contract.

(c) All technical direction shall be issued in writing by the COR.

(d) When, in the opinion of the Contractor, the COR or any other Government official other than the Contracting Officer, requests effort outside the existing scope of the contract, the Contractor shall promptly notify the Contracting Officer in writing. The Contractor shall take no action under such direction until the Contacting Officer has issued a modification to the contract or has otherwise resolved the issue.

G.2 Contract Administration Data

(a) Identification of Procuring Contracting Officer (PCO) and Administrative Contracting Officer (ACO) for this acquisition is:

Commanding Officer Naval Facilities Engineering Command – Marianas Acquisition Facilities Support Contracts PSC 455, Box 195

FPO AP 96540-2937

(b) Contracting Officer’s Representative (COR) for this contract will be designated after contract award.

(c) Invoices will be submitted to:

Commanding Officer Naval Facilities Engineering Command – Marianas Acquisition Facilities Support Contracts

N4019220R9300 PSC 455, Box 195

FPO AP 96540-2937

(d) Note: Throughout NAVFAC Policy, processes, and training, the term Performance Assessment Representative (PA) refers to anyone responsible for conducting assessments of a NAVFAC administered Facility Support Contract. The term PAR will be used in reference to any individual assigned as a Technical Point of Contract/Subject Matter Expert (TPOC/SME) to provide support to the COR, including as a collateral duty of other Public Works Department (PWD) or customer personnel, regardless of billet. All personnel assigned these duties must follow the guidance and direction provided to PARs.

G.3 DFARS PGI PAYMENT PROCEDURES

Payments shall be made in accordance with the Payment Instructions table at DFARS PGI 204.7108(b)(2). A link to the table is provided below.

https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions

G.4 CONTRACTING OFFICER AUTHORITY

In no event shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract, modification, change order, letter or verbal direction to the Contractor be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer. The Contractor is hereby put on notice that in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of the work to be performed, it is the Contractor’s responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.

252.204-7006 Billing Instructions OCT 2005 252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H.1 SECURITY REQUIREMENTS

(a) The Contractor and its subcontractors shall comply with all security requirements specified in the contract as well as all activity security requirements. Upon request, the Contractor shall submit the name and address of all personnel hired for work on this contract, and questionnaires, and other forms as may be required for security reasons.

(b) Contractor and subcontractor employees shall not disclose or cause to be disseminated any information concerning the operations of the activity which could result in or increase the likelihood of the possibility of a breach of the activity’s security or interrupt the continuity of its operations.

(c) Disclosure of information relating to the services hereunder to any person not entitled to receive it, or failure to safeguard any classified information that may come to the attention of the Contractor or any person under his control in connection with work under this contract, may subject the Contractor, his agents or employees to criminal liability under 18 U.S.C. Sec 793, “Gathering, Transmitting, or Losing Defense Information,” 18 .S.C.

Sec 794, “Gathering or Delivering Defense Information to Air Foreign Government” and 18 U.S.C. Sec 798, “Disclosure of Classified Information.”

(d) Deviations from or violations of any of the provisions of this contractor requirement will, in addition to all other criminal and civil remedies provided by law, subject the Contractor to immediate termination for default and/or the withdrawal of the Government’s acceptance and approval of employment of the individuals involved.

(e) Classified and/or politically sensitive material shall not be released without prior written consent of the Contracting Officer, or as expressly stated in the statement of work. In the event the Contractor requires access to classified information during performance, procedure prescribed by FAR 4.4 for safeguarding classified information shall apply.

H.2 INSTALLATION REGULATIONS

The Contractor shall ensure all Contractors and subcontractor employee become acquainted with and obeys all Government installation regulations.

H.3 GUAM TAXES, LICENSES, & TAX WITHHOLDINGS

NOTICE CONCERNING TERRITORY OF GUAM TAXES, LICENSES, AND WITHHOLDINGS (NOTE: This clause summarizes certain requirements of Guam Territorial Law. Any questions concerning applicability or interpretation should be directed to Government of Guam, Department of Revenue and Taxation.)

(a) All persons engaging in business in Guam must be licensed to do so by the Government of Guam prior to commencement of business in Guam. Engaging in business includes, but is not limited to, services provided by contractors. Applications for business licenses shall be made to the Department of Revenue and Taxation, License and Registration Branch.

(b) All corporations, domestic (created under the laws of Guam) or foreign (not created under the laws of Guam) must register with the Department of Revenue and Taxation, License and Registration Branch.

(c) Any person engaging in business on Guam must file monthly Business Privilege Tax returns with the Department of Revenue and Taxation.

(d) All corporations with the Guam source of funds must file income tax returns to the Department of Revenue and Taxation on the prescribed forms.

(e) All employers must deposit wage withholdings from their employees to the Treasurer of Guam. Guam Depository Receipts, as well as Quarterly Withholding Statements are required to be filed with the Department of Revenue and Taxation in the same manner as similar returns and statements required to be filed with the U.S.

Internal Revenue Service.

(f) Failure to comply with the above may result in criminal or civil penalties as provided by law.

H.4 FEDERAL, STATE, & LOCAL ENVIRONMENTAL LAWS

CHANGES IN FEDERAL, STATE, AND LOCAL ENVIRONMENTAL LAWS AND REGULATIONS Federal, state, and local environmental laws and regulation may change the performance period of this contract. The Contractor is responsible for maintaining a working knowledge of these changes in order to perform all work under the this contract in accordance with the applicable federal, state, and local laws and regulations which are in effect at the time work is performed.

H.5 HISTORICAL AND ARCHAEOLOGICAL RESOURCES

Carefully protect in–place and report immediately to the Contracting Officer historical and archaeological items or human skeletal remains discovered in the course of work. Upon discovery, notify the Contracting Officer. Stop work in the immediate area of the discovery until directed by the Contracting Officer to resume work. The Government retains ownership and control over historical and archaeological resources.

H.6 CHANGEOVER

The Government reserves the right to conduct site visits with prospective offerors in all contractor-operated facilities in conjunction with the solicitation of offers for the follow-on contract. In the event the follow-on contract is awarded to other than the incumbent, the incumbent Contractor shall cooperate to the extent required to permit orderly changeover to the successful contractor. With regard to the succession of Contractor’s employees, a recruitment notice may be placed in each facility.

H.7 SERVICE CONTRACT LABOR STANDARDS (SLCS)

The Service Contract Labor Standards Wage Determination, Attachment JH-1, included in the award of a contract will remain in effect for the duration of the base period. At the time the Contracting Officer elects to exercise an option period, an updated Service Contract Labor Standards Wage Determination will be incorporated into the contract. The updated Service Contract Labor Standards Wage Determination will remain in effect for the life of the option period. Estimated costs reflected in Section B and option periods do not include escalation for anticipated Service Contract Act Wage Determinations revisions. Upon incorporation of an update Service Contract Labor Standards Wage Determination, the estimated cost of the contract shall be revised to reflect impact on wages, benefits, taxes (including Gross Receipt Tax) and associated costs.

H.8 FIRE PREVENTION

The contractor shall observe all requirements for handling and storing combustible supplies, materials, waste, and trash in a manner that prevents fire or hazards to persons, facilities, and material. Contractor employees and subcontractors operating critical equipment must be trained by the Contractor on how to properly respond to a fire emergency.

H.9 CONTRACTOR GENERATED AND/OR COLLECTED INFORMATION

(a) Information generated and/or collected by the Contractor in the performance of this contract, in any media (e.g.

electronic, paper, etc.), is considered to be Government owned and must be returned to the possession of the Government upon termination of Contractor’s services or at the completion of the contract whichever occurs first.

This shall include, but not be limited to any statements of work, performance work statements, data collected concerning facility/utility usage, data collected concerning consumption of materials and supplies, logs and records, maintenance records, inventories, databases, Standard Operating Procedures (SOP), drawings, source code and detailed system documentation.

H.10 REQUIRED INSURANCE

Within fifteen (15) days after award of this contract, the Contractor shall furnish the Contracting Officer a Certificate of Insurance as evidence of the existence of the following insurance coverage in amounts not less than the amount specified below in accordance with FAR 52.228-5 “Insurance-Work on Government Installation (Jan 1998)” in Section I. This insurance must be maintained during the entire performance period. Before commencing work on this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurancehas been obtained. The policies evidencing required insurance shall contain endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer.

H.11 CONTRACTOR SUPPORT OF ELECTRONIC CONTRACTING (FEDMALL)

(a) The contractor is required to offer IQ pre-priced line item services to authorized Government personnel when they are ordering the work directly via the Government-wide Commercial Purchase Card (GCPC) program. When receiving GCPC orders against Section B, the contractor shall provide the supplies and services at the offered price without additional markup or handling fee.

(b) The contractor agrees to accept and process electronically submitted GCPC orders for IQ services, including those orders issued through the FedMall. The FedMall is a U.S. Government (USG) owned and operated web-based ordering system that enables any Department of Defense (DOD) or Federal activity to search for and order goods and services. Authorized GCPC users will receive approved accounts on FedMall to view and order IQ line items.

(c) The contractor is required to receive electronic IQ orders from the FedMall using 128-bit encrypted email. The contractor agrees to purchase, install, and utilize the most recent version of PGP Personal software, or a comparable solution, for the purpose of decrypting order notification emails from the FedMall. In addition, the DoD has established the External Certification Authority (ECA) program to support the issuance of DoD-approved certificates to contractors. The ECA program is designed to provide the mechanism for contractors to securely communicate with the DoD and authenticate to DoD Information Systems. The contractor agrees to purchase, install, maintain and use a DoD-approved ECA certificate. Information on obtaining an ECA certificate can be found at http://iase.disa.mil/pki/eca/Pages/certificate.aspx

(d) The contractor shall post updates on order delivery schedule and performance to the FedMall in a timely manner.

H.12 AUTHORITY

(a) No person other than the Contracting Officer has authority to bind the Government with respect to this contract.

(b) No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.

(c) In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:

(1) An understanding or agreement between the Contractor and anyone other than the Contracting Officer;

2) A purported modification or change order issued by anyone other than the Contracting Officer;

3) A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or

(4) An order, direction, consent, or permission from anyone other than the Contracting Officer to:

(i) Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or

(ii) Expend hours in excess of a specified level of effort.

CLAUSES INCORPORATED BY FULL TEXT

5252.209-9300 - Organizational Conflicts of Interest (Jun 1994)

The restrictions described herein shall apply to the Contractor and its affiliates, consultants and subcontracts under this contract. If the Contractor under this contract prepares or assists in preparing a statement of work, specifications and plans, the Contractor and its affiliates shall be ineligible to bid or participate, in any capacity, in any contractual effort which is based on such statement of work or specifications and plans as a prime contractor, subcontractor, consultant or in any similar capacity. The Contractor shall not incorporate its products or services in such statement of work or specification unless so directed in writing by the Contracting Officer, in which case the restriction shall not apply. This contract shall include this clause in its subcontractor's or consultants' agreements concerning the performance of this contract.

(End of clause)

Section I - Contract Clauses

52.202-1 Definitions NOV 2013 52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Small Business Subcontracting Plan AUG 2018 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2019-O0003). JAN 2019 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.223-19 Compliance with Environmental Management Systems MAY 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-36 Payment by Third Party MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.244-6 Subcontracts for Commercial Items AUG 2019 52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 52.246-25 Limitation Of Liability--Services FEB 1997 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-4 Termination For Convenience Of The Government (Services) (Short Form)

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 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

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7009 Proposal Adequacy Checklist JAN 2014 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7004 DOD Progress Payment Rates OCT 2014 252.232-7009 Mandatory Payment by Governmentwide Commercial

Purchase Card

MAY 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of NAVFAC Marianas, Contracting Officer, and shall not be binding until so approved.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00 (insert dollar figure or quantity), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of $250,000.00;

(2) Any order for a combination of items in excess of $500,000.00; or

(3) A series of orders from the same ordering office within three days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after March 31, 2023.

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.

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;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 42 months..

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

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

``Active duty wartime or campaign badge veteran,'' ``Armed Forces service medal veteran,'' ``disabled veteran,'' ``protected veteran,'' ``qualified disabled veteran,'' and ``recently separated veteran'' have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

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

52.246-20 WARRANTY OF SERVICES (MAY 2001)

(a) Definition.

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor 30 days. This notice shall state either (1) that the Contractor shall correct or reperform any defective or nonconforming services, or (2) that the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acquisition.gov/far

52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

All local regulations added under Section H.

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.203-7004 DISPLAY OF HOTLINE POSTERS (AUG 2019)

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

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Display of hotline poster(s).

(1)(i) The Contractor shall display prominently the DoD fraud, waste, and abuse hotline poster prepared by the DoD Office of the Inspector General, in effect at time of contract award, in common work areas within business segments performing work under Department of Defense (DoD) contracts.

(ii) For contracts performed outside the United States, when security concerns can be appropriately demonstrated, the contracting officer may provide the contractor the option to publicize the program to contractor personnel in a manner other than public display of the poster, such as private employee written instructions and briefings.

(2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds and the work is to be performed in the United States, the DHS fraud hotline poster shall be displayed in addition to the DoD hotline poster. If a display of a DHS fraud hotline poster is required, the Contractor may obtain such poster from—

(i) DHS Office of Inspector General/MAIL STOP 0305, Attn: Office of Investigations – Hotline, 245 Murray Lane SW, Washington, DC 20528-0305; or

(ii) Via the internet at https://www.oig.dhs.gov/assets/Hotline/DHS_OIG_Hotline-optimized.jpg.

(c)(1) The DoD hotline poster may be obtained from: Defense Hotline, The Pentagon, Washington, D.C. 20301- 1900, or is also available via the internet at https://www.dodig.mil/Resources/Posters-and-Brochures/.

(2) If a significant portion of the employee workforce does not speak English, then the poster is to be displayed in the foreign languages that a significant portion of the employees speak.

(3) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the required poster at the website.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Defense Federal Acquisition Regulation Supplement 203.1004(b)(2)(ii) on the date of subcontract award, except when the subcontract is for the acquisition of a commercial item.

252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012)

(a) Definitions. As used in this clause—

``Commercial and Government entity (CAGE) code'' means—

(i) A code assigned by the Defense Logistics Agency Logistics Information Service to identify a commercial or Government entity; or

(ii) A code assigned by…