N4019224R9000_Grounds Maint_FINAL.pdf

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until 12:00 AM local time 16 May 2024

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45 - 52 X H 53 - 63 teresita.u.wall.civ@us.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-C2 1 63

(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

Apra Hts. B4175 (1st Floor) conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

TERESITA U. WALL 671-333-3506

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 9

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

10 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

12 - 13

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 14 - 17 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 18 - 20 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

21 - 32

PART II - CONTRACT CLAUSES

COMMANDING OFFICER - NAVFAC MARIANAS

MAR CORE SVC

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 Apr 2024

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N4019224R9000

Section A - Solicitation/Contract Form

GENERAL OVERVIEW

A.1 GENERAL OVERVIEW OF GROUNDS MAINTENANCE SERVICES CONTRACT

This is a follow-on acquisition for services that are currently being satisfied under Contract N40192-20-D-9000 for Grounds Maintenance and Tree Trimming Services.

A.2 CONTRACT TYPE

This acquisition will be solicited as a Historically Underutilized Business Zone (HUBZone) 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 561730 Landscaping Services. The size standard associated with NAICS 561730 is $9,500,000.00. This industry comprises (1) establishments primarily engaged in providing landscape care and maintenance services and/or installing trees, shrubs, plants, lawns or gardens an (2) establishments primarily engaged in providing these services along with the design of landscape plans and/or the construction (i.e.

installation) of walkways, retaining walls, decks, fences, ponds, and similar structures

Section B - Supplies or Services and Prices

SECTION B SUPPLES OR SERVICE

Section B - Supplies or Services and Prices

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).

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 the intended unit price.

c. ELINs are included in Exhibits A through F, Section J. Pricing should be prepared for, Base period and four (4) Option Periods to include Six (6) months extension of services.

B.2 CONTRACT VERBIAGE

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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each

BASE PERIOD FFP

FFP

1 DEC 2024 - 30 NOV 2025: The Contractor shall provide all labor, supervision, management, tools, material, equipment, facilities, transportation, incidentals, and other items necessary to accomplish all work to perform grounds maintenance and tree trimming services. BASE PERIOD FIRM FIXED PRICE EXHIBIT A ELINS A001 - A116.

FOB: Destination

PSC CD: S208

NET AMT

0002 1 Each

BASE PERIOD IDIQ

FFP

1 DEC 2024 - 30 NOV 2025: The Contractor shall provide all labor, supervision, management, tools, material, equipment, facilities, transportation, incidentals, and other items necessary to accomplish all work to perform grounds maintenance and tree trimming services. BASE PERIOD IDIQ EXHIBIT A ELINS A701 - A736.

0003 1 Each

FIRST OPTION PERIOD FFP

FFP

1 DEC 2025 - 30 NOV 2026: The Contractor shall provide all labor, supervision, management, tools, material, equipment, facilities, transportation, incidentals, and other items necessary to accomplish all work to perform grounds maintenance and tree trimming services. FIRST OPTION PERIOD FIRM FIXED PRICE EXHIBIT

B ELINS B001 - B116.

0004 1 Each

FIRST OPTION PERIOD IDIQ

FFP

1 DEC 2025 - 30 NOV 2026: The Contractor shall provide all labor, supervision, management, tools, material, equipment, facilities, transportation, incidentals, and other items necessary to accomplish all work to perform grounds maintenance and tree trimming services. FIRST OPTION PERIOD IDIQ EXHIBIT B ELINS B701

- B736.

0005 1 Each

SECOND OPTION PERIOD FFP

FFP

1 DEC 2026 - 30 NOV 2027: The Contractor shall provide all labor, supervision, management, tools, material, equipment, facilities, transportation, incidentals, and other items necessary to accomplish all work to perform grounds maintenance and tree trimming services. SECOND OPTION PERIOD FIRM FIXED PRICE

EXHIBIT C ELINS C001 - C116.

0006 1 Each

SECOND OPTION PERIOD IDIQ

FFP

1 DEC 2026 - 30 NOV 2027: The Contractor shall provide all labor, supervision, management, tools, material, equipment, facilities, transportation, incidentals, and other items necessary to accomplish all work to perform grounds maintenance and tree trimming services. SECOND OPTION PERIOD IDIQ EXHIBIT C ELINS C701 - C736.

0007 1 Each

THIRD OPTION PERIOD FFP

FFP

1 DEC 2027 - 30 NOV 2028: The Contractor shall provide all labor, supervision, management, tools, material, equipment, facilities, transportation, incidentals, and other items necessary to accomplish all work to perform grounds maintenance and tree trimming services. THIRD OPTION PERIOD FIRM FIXED PRICE

EXHIBIT D ELINS D001 - D116.

0008 1 Each

THIRD OPTION PERIOD IDIQ

FFP

1 DEC 2027 - 30 NOV 2028: The Contractor shall provide all labor, supervision, management, tools, material, equipment, facilities, transportation, incidentals, and other items necessary to accomplish all work to perform grounds maintenance and tree trimming services. THIRD OPTION PERIOD IDIQ EXHIBIT D ELINS D701

- D736.

0009 1 Each

FOURTH OPTION PERIOD FFP

FFP

1 DEC 2028 - 30 NOV 2029: The Contractor shall provide all labor, supervision, management, tools, material, equipment, facilities, transportation, incidentals, and other items necessary to accomplish all work to perform grounds maintenance and tree trimming services. FOURTH OPTION PERIOD FIRM FIXED PRICE

EXHIBIT E ELINS E001 - E116.

0010 1 Each

FOURTH OPTION PERIOD IDIQ

FFP

1 DEC 2028 - 30 NOV 2029: The Contractor shall provide all labor, supervision, management, tools, material, equipment, facilities, transportation, incidentals, and other items necessary to accomplish all work to perform grounds maintenance and tree trimming services. FOURTH OPTION PERIOD IDIQ EXHIBIT E ELINS E701 - E736.

0011 1 Each

SIX MONTHS EXTENSION PERIOD FFP

FFP

1 DEC 2029 - 30 MAY 2030: The Contractor shall provide all labor, supervision, management, tools, material, equipment, facilities, transportation, incidentals, and other items necessary to accomplish all work to perform grounds maintenance and tree trimming services. SIX MONTHS EXTENSION PERIOD FIRM FIXED

PRICE EXHIBIT F ELINS F001 - F116.

0012 1 Each

SIX MONTHS EXTENSION PERIOD IDIQ

FFP

1 DEC 2029 - 30 MAY 2030: The Contractor shall provide all labor, supervision, management, tools, material, equipment, facilities, transportation, incidentals, and other items necessary to accomplish all work to perform grounds maintenance and tree trimming services. SIX MONTHS EXTENSION PERIOD IDIQ EXHIBIT F

ELINS F701 - F736.

Section C - Descriptions and Specifications

DESCRIPTION AND SPECIFICATION

SECTION C –DESCRIPTIONAND SPECIFICATIONS

C1. DESCRIPTION OF WORK

The outcome to be achieved is the provision of all labor, supervision, management, tools, material, equipment, facilities, transportation, incidentals, and other items necessary to accomplish all work to perform grounds maintenance and tree trimming services. 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 1503050 Grounds Maintenance and Landscaping

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 and Northern 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)

Spec Item 4 –Indefinite delivery Indefinite Quantity (IDIQ)

Section E - Inspection and Acceptance

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 0009 N/A N/A N/A Government 0010 N/A N/A N/A Government 0011 N/A N/A N/A Government 0012 N/A N/A N/A Government

Section F - Deliveries or Performance

DELIVERIES OR PERFORMANCE

DELIVERIES OR PERFORMANCE

F.1 TERM OF CONTRACT

The term of the contract includes a 12-month base period with four (4) 12-month option periods and six (6) months extension of services. 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 2000)”.

F.2 PLACE OF PERFORMANCE

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

F.3 CONTRACT DELIVERABLES

The Deliverables are provided in Annex 0200000 and Annex 1503050 Section F.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-DEC-2024 TO

30-NOV-2025

N/A COMMANDING OFFICER - NAVFAC

MARIANAS

LORIE M. AGUON

MAR CORE SVC

PSC 455, BOX 195

FPO AP 96540-2937

671-355-5580

N40192

0002 POP 01-DEC-2024 TO

30-NOV-2025

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-DEC-2025 TO

30-NOV-2026

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-DEC-2025 TO

30-NOV-2026

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-DEC-2026 TO

30-NOV-2027

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-DEC-2026 TO

30-NOV-2027

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-DEC-2027 TO

30-NOV-2028

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-DEC-2027 TO

30-NOV-2028

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 01-DEC-2028 TO

30-NOV-2029

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 01-DEC-2028 TO

30-NOV-2029

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 01-DEC-2029 TO

30-MAY-2030

N/A (SAME AS PREVIOUS LOCATION)

0012 POP 01-DEC-2029 TO

30-MAY-2030

N/A (SAME AS PREVIOUS LOCATION)

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 limitation 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 Contracting 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 Systems 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 Systems Command – Marianas Acquisition Facilities Support Contracts

PSC 455, Box 195

FPO AP 96540-2937

(d) Note: Throughout NAVFAC Policy, processes, and training, the term Performance Assessment Representative (PAR) 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 (PW) or customer personnel, regardless of billet. All personnel assigned these duties must follow the guidance and direction provide to PARs.

G.3 DFARS PAYMENT PROCEDURES

Payments shall be made in accordance with the Payment Instruction 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

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 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 inquire 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.

CLAUSES INCORPORATED BY FULL TEXT

252.204-7006 BILLING INSTRUCTIONS—COST VOUCHERS (MAY 2023)

When submitting a request for payment using a cost voucher, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

(End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://sam.gov;

and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

Navy Construction/Facilities Management Invoice

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC N68732

Issue By DoDAAC N40192

Admin DoDAAC** N40192

Inspect By DoDAAC N40192/NBGFSC or CBFSC as applicable

Ship To Code N40192

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N40192/NBGFSC or CBFSC or CORESV as applicable

Accept at Other DoDAAC N/A

LPO DoDAAC N40192/NBGFSC or CBFSC or CORESV as applicable

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Christopher R. P. Santos at christopher.r.santos2.civ@us.navy.mil or (671)349-2252

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUREMENTS

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 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 1997)” 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 insurance has 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.10 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 Governmentwide 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.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 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 JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 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

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-17 Contractor Employee Whistleblower Rights NOV 2023 52.204-2 Security Requirements MAR 2021 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

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

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

52.215-2 Audit and Records--Negotiation JUN 2020 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

JUN 2020

52.215-12 Subcontractor Certified Cost or Pricing Data JUN 2020 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications JUN 2020 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-16 Facilities Capital Cost of Money JUN 2003 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

NOV 2021

52.215-21 Alt I Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications (NOV 2021) - Alternate I

OCT 2010

52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award OCT 2022 52.219-14 Limitations On Subcontracting OCT 2022 52.219-28 Post-Award Small Business Program Rerepresentation SEP 2023 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

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

52.222-44 Fair Labor Standards And Service Contract Labor Standards- Price Adjustment

MAY 2014

52.222-50 Combating Trafficking in Persons NOV 2021 52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 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 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 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

52.242-13 Bankruptcy JUL 1995 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.245-1 Government Property SEP 2021 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

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991 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

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

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

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

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 MAR 2023 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements JAN 2023 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 JAN 2023 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7967 (Dev) Prohibition Regarding Russian Fossil Fuel Business

Operations (Deviation 2024-O0006).

MAR 2024

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 252.242-7004 Material Management And Accounting System MAY 2011 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7005 Management and Reporting of Government Property JAN 2024

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 $500,00.00; 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.

52.217-8 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 60 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 60 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 66 months.

52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

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

Compensation means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.

Compensation information means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.

Essential job functions means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if--

(1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or

(2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.

Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b)(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

(2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).

(c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by

41 CFR 60-1.5.

(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer,

(v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship.

(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.

(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(5)(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

(ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by--

(A) Incorporation into existing employee manuals or handbooks; and

(B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.

(6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

(7) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.

(8) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.

(9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations.