N4019225R5000_HAZWASTE_IDIQ_RFP.pdf

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44 - 54 X H 55 - 62 jerica.a.santos.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)

1 62

(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 3 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

B4175A, Room A315 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

JERICA ANN B. SANTOS 671-339-5063

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 8

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

9 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

10 - 11 12 - 13

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 14 - 16 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 17 - 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 - 27

PART II - CONTRACT CLAUSES

COMMANDING OFFICER - NAVFAC MARIANAS

MAR CORE EV

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

05 Dec 2024

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N4019225R5000

Section A - Solicitation/Contract Form

SECTION A

A.1 CONTRACT TITLE

Environmental IDIQ Services for Hazardous Waste, Hazardous Material, Other Regulated Waste, and Spill Response at Joint Region Marianas, Guam

A.2 SET-ASIDE

This procurement is a 100% Small Business Set-Aside.

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

The NAICS code assigned to this procurement is 562112, Hazardous Waste Collection, with a small business size standard of $47 million.

A.4 MINIMUM ACCEPTANCE PERIOD

The Government requires a minimum acceptance period of 120 calendar days for awarding a contract from the date specified for receipt of proposals. Offerors may specify a longer acceptance period in Block 12 of the SF 33 than the Government's minimum requirement. Offers providing less than 120 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

A.5 REQUESTS FOR INFORMATION:

Inquiries regarding the Request for Proposal (RFP) shall be submitted electronically using the Request for Information (RFI) for provided as ATTACHMENT JL-1 in this solicitation. The Point of Contact (POC) for inquiries is Jerica A. Santos at (671)333-5063 and jerica.a.santos.civ@us.navy.mil. The Government does not intend to respond to inquiries submitted less than 10 days before the proposal receipt date.

A.6 ENFORCEABLILITY OF PROPOSAL:

Items offered in the contractor’s proposal are binding on the contractor and shall be provided for the duration of the contract. Substitutions require prior Contracting Officer’s approval and shall be equal or better, in the judgment of the Contracting Officer, than the items originally proposed.

PROPOSALS MUST SET FORTH FULL, ACCURATE, AND COMPLETE INFORMATION AS REQUIRED

BY THIS REQUEST FOR PROPOSAL (INCLUDING ATTACHMENTS). THE PENALTY FOR MAKING

FALSE STATEMENTS IN PROPOSALS IS PERSCRIBED IN 18 U.S.C. 1001.

THE GOVERNMENT INTENDS TO EVALUATE PROPOSALS AND AWARD WITHOUT DISCUSSIONS.

HOWEVER, THE GOVERNMENT RESERVES THE RIGHT TO CONDUCT DISCUSSIONS IF IT IS LATER

DETERMINED BY THE CONTRACTING OFFICER TO BE NECESSARY. THEREFORE, EACH INITIAL

OFFER SHOULD CONTAIN THE BEST TERMS FROM A TECHNICAL AND PRICE STANDPOINT.

Section B - Supplies or Services and Prices

SECTION B

B.1 CONTRACT TYPE

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” refers to the IDIQ portion of the contract.

B.2 ESTIMATED VALUE AND MINIMUM GUARANTEE

The the resulting contract will have a mobilization and demobilization period, a base period and four (4) option periods for a total maximum of 60 months. The maximum total contract value, including the mobilization and demobilization period, base period and all options, is not to exceed $30,000,000.

The total estimated value of an ordering period is the total of all the CLINs in that ordering period. Once the estimated quantities for individual non-recurring work line items shown on the schedule have been ordered, additional quantities may be ordered as long as the overall contract value is not exceeded and the Contractor agrees by signing the task order.

Concurrently with the award of the basic contract, the Government intends to issue a task order to obligate the contract minimum guarantee for CLIN 0001, Mobilization and Base Period recurring work.

Minimum guarantees do not apply to the option periods.

B.3 CONTRACT LINE ITEMS (CLINS) 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 computed 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. 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 E, Section J. Pricing should be prepared for Mobilization, Base Period, for (4) Option Periods, and Demobilization.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Mobilization & Base Period RecurringWork

FFP

Mobilization - Firm Fixed-Price In accordance with Section J, Exhibit A, ELIN A001

Base Period - Firm Fixed-Price Recurring Work In accordance with Section J, Exhibit A, ELINs A002 through A078 FOB: Destination

NET AMT

0002 1 Each Base Period IDIQ

FFP

Base Period - Non-Recurring Indefinite Delivery-Indefinite Quantity (IDIQ) Work In accordance with Section J, Exhibit A, ELINs A079 through A112

0003 1 Each First Option Period

FFP

Firm Fixed-Price Recurring Work In accordance with Section J, Exhibit B, ELINs B002 through B078

0004 1 Each First Option Period IDIQ

FFP

Non-Recurring Indefinite Delivery-Indefinite Quantity (IDIQ) Work In accordance with Section J, Exhibit B, ELINs B079 through B112

0005 1 Each Second Option Period

FFP

Firm Fixed-Price Recurring Work In accordance with Section J, Exhibit C, ELINs C002 through C078

0006 1 Each Second Option Period IDIQ

FFP

Non-Recurring Indefinite Delivery-Indefinite Quantity (IDIQ) Work In accordance with Section J, Exhibit C, ELINs C079 through C112

0007 1 Each Third Option Period

FFP

Firm Fixed-Price Recurring Work In accordance with Section J, Exhibit D, ELINs D002 through D078

0008 1 Each Third Option Period IDIQ

FFP

Non-Recurring Indefinite Delivery-Indefinite Quantity (IDIQ) Work In accordance with Section J, Exhibit D, ELINs D079 through D112

0009 1 Each Fourth Option Recurring Work & Demob

FFP

Firm Fixed-Price Recurring Work In accordance with Section J, Exhibit E, ELINs E002 through E078

Demobilization - Firm Fixed-Price In accordance with Section J, Exhibit E, ELIN E001

0010 1 Each Fourth Option Period IDIQ

FFP

Non-Recurring Indefinite Delivery-Indefinite Quantity (IDIQ) Work In accordance with Section J, Exhibit E, ELINs E079 through E112

Section C - Descriptions and Specifications

SECTION C

C.1 DESCRIPTION OF WORK

Contractor shall provide environmental services for hazardous waste, hazardous material, other regulated waste, and spill response for all Supported Components and Tenant Commands under Joint Region Marianas (JRM). The work includes operation of a Conforming Storage Facility (CSF), management of Less-than-90-Day Storage Facilities;

management of satellite accumulation sites (SAS) and initial accumulation points (IAP); daily management, collection and disposal of hazardous material (HM), hazardous waste (HW), and other regulated waste (ORW) such as but not restricted to asbestos, lead-based paint, and PCBs; occasional management, disposal, and collection of non-HW; sampling, testing, and laboratory analysis for hazardous waste, regulated waste, and unknown waste determination; oil and hazardous substance spill response, cleanup, sampling, laboratory analysis, and disposal.

C.2 PERFORMANCE WORK STATEMENT (PWS) ANNEXES

This is a performance-based contract which incorporates performance-based specifications. The Performance Work Statement (PWS) in ATTACHMENT JC-1 includes the following Annexes:

Annex 0100000, General Information Annex 0200000, Management and Administration Annex 1800000, Environmental

C.3 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 and Administration) – Management and administration requirements unique to the planning, execution, management, and administration of the performance requirements of this spec.

Spec Item 3 (Recurring Work) – Firm Fixed Price (FFP) Work.

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

Section E - Inspection and Acceptance

SECTION E

E.1 INSPECTION AND ACCEPTANCE (DESTINATION)

Inspection and acceptance of the service to be furnished hereunder shall be made at destination by the Contracting Officer’s Representative (COR). The performance and quality of work delivered by the contractor, including services rendered and any documentation or written material compiled shall be subject to inspection, review, and acceptance by the Government.

E.2 PERFORMANCE EVALUATION MEETINGS

The contractor shall meet with the Government’s representative monthly during the first three (3) months of the contract. Thereafter, meetings will be as often as necessary at the discretion of the Contracting Officer, but not less than quarterly. The 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 three (3) 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 0009 N/A N/A N/A Government 0010 N/A N/A N/A Government

CLAUSES INCORPORATED BY FULL TEXT

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

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

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

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

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

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

(End of clause)

Section F - Deliveries or Performance

SECTION F

F.1 CONTRACT TERM

The term of the contract includes a mobilization and demobilization period, the base period, and four (4) option periods. The mobilization period will be for one (1) month commencing on the start date of the period of performance. Immediately following will be the base period for eleven (11) months. Option Periods 1, 2, and 3 will be twelve (12) months each. Option Period 4 will be eleven (11) months followed by the demobilization period for one (1) month. The Government has the option to extend the term of the contract in accordance with 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 Naval Base Guam (NBG), Andersen Air Force Base (AAFB) and Marine Corps Base Camp Blaz (MCBCB), Joint Region Marianas, located in Guam.

F.3 DELIVERABLES

The Deliverables are provided in the following Annex 0200000, Management & Administration, Section F Annex 1800000, Environmental, Section F

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 10-APR-2025 TO

09-APR-2026

N/A COMMANDING OFFICER - NAVFAC

MARIANAS

INSPECTOR OF RECORD

MAR CORE EV

PSC 455, BOX 195

FPO AP 96540-2937

N40192

0002 POP 10-APR-2025 TO

09-APR-2026

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 10-APR-2026 TO

09-APR-2027

N/A (SAME AS PREVIOUS LOCATION)

0004 N/A N/A N/A N/A

0005 POP 10-APR-2027 TO

09-APR-2028

N/A COMMANDING OFFICER - NAVFAC

MARIANAS

INSPECTOR OF RECORD

MAR CORE EV

PSC 455, BOX 195

FPO AP 96540-2937

0006 N/A N/A N/A N/A

0007 POP 10-APR-2028 TO

09-APR-2029

N/A COMMANDING OFFICER - NAVFAC

MARIANAS

INSPECTOR OF RECORD

MAR CORE EV

PSC 455, BOX 195

FPO AP 96540-2937

0008 N/A N/A N/A N/A

0009 POP 10-APR-2029 TO

09-APR-2030

N/A COMMANDING OFFICER - NAVFAC

MARIANAS

INSPECTOR OF RECORD

MAR CORE EV

PSC 455, BOX 195

FPO AP 96540-2937

0010 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

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

Section G - Contract Administration Data

SECTION G

G.1 TECHNICAL DIRECTION

a. As provided by the contract provisions, “CONTRACTING OFFICER’S REPRESENTATIVE (COR),” performance of work under this contract is subject to the written technical direction from 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 of the Performance Work Statement;

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 specification 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. No action shall be taken by the Contractor under which direction until the Contracting Officer has issued a modification to the contract or has otherwise resolved the issue.

G.2 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.

G.3 PAYMENT INSTRUCTIONS

Refer to table at DFARS PGI 204.7108 Payment Instructions.

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

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://www.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):

(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.

Document Type: Navy Construction/Facilities Management Invoice

(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.

(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/COREEV Admin DoDAAC N40192/COREEV Inspect By DoDAAC N40192/COREEV Ship To Code N40192/COREEV Ship From Code Not Applicable Mark For Code Not Applicable Service Approver (DoDAAC) N40192/COREEV Service Acceptor (DoDAAC) Not Applicable Accept at Other DoDAAC Not Applicable LPO DoDAAC N40192/COREEV DCAA Auditor DoDAAC Not Applicable Other DoDAAC(s) Not Applicable

(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.

Jerica A. Santos, Contract Specialist – Tel 671-339-5063 Email: jerica.a.santos.civ@us.navy.mil

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

Section H - Special Contract Requirements

SECTION H

H.1 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:

i. An understanding or agreement between the Contractor and anyone other than the Contracting Officer;

ii. A purported modification or change order issued by anyone other than the Contracting Officer;

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

iv. An order, direction, consent, or permission from anyone other than the Contracting Officer to:

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

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

H.2 SERVICE CONTRACT LABOR STANDARDS

The Service Contract Labor Standards (SCLS) 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 SCLS Wage Determination will be incorporated into the contract. The updated SCLS 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 SCLS Wage Determination revisions. Upon incorporation of an updated SCLS Wage Determination, the estimated cost of the contract shall be revised to reflect impact on wages, benefits, taxes, and associated costs.

H.3 BLANKET TASK ORDERS

The Government reserves the right to issue Blanket Task Orders (BTOs) with bulk funding for non-recurring work;

however, performance of work shall not commence until written authorization is received from the Contracting Officer. Each issued BTO and subsequent work authorization will include a firm fixed-price not-to-exceed amount which can only be altered via BTO modification.

H.4 INSTALLATION REGULATIONS

The Contractor shall ensure all Contractor and subcontractor employees become acquainted with and obey all Government installation regulations.

H.5 SECURITY REQUIREMENTS

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

b. Contractor and subcontractor employees shall not disclose or cause to be disseminated any information concerning the operations of the installation which could result in or increase the likelihood of the possibility of a breach of the installation'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 U.S.C. Sec. 794 “Gathering or Delivering Defense Information to Aid 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 contract requirement, in addition to all other criminal and civil remedies provided by law, may 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, procedures prescribed by FAR 4.4 for safeguarding classified information shall apply.

H.6 REQUIRED INSURANCE

a. Within (15) fifteen 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 amounts not less than the amount specified below in accordance with FAR Clause 52.228-5, Insurance – Work On A Government Installation.

COVERAGE:

Comprehensive General Liability: $500,000 per occurrence.

Automobile Liability: $200,000 per person, $500,000 per occurrence for bodily injury; $20,000 per occurrence for property damage.

Workmen’s Compensation: As required by Federal and State Worker’s compensation and occupational disease laws.

Employer’s Liability Coverage: $l00,000, except in states where worker’s compensation may not be written by private carriers.

Others as required by state law.

b. The Certificate of Insurance shall provide for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned "Insurance" clause.

H.7 TERRITORY OF GUAM NOTICE CONCERNING TAXES, LICENSES, 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.9 ADVERTISING AND NEWS RELEASES

The Contractor agrees not to refer to this contract and all resulting task orders in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Government, or considered by the government to be superior to other products or services. News releases, advertising, and company brochures containing information pertaining to this procurement will not be made without the concurrence of the Contracting Officer. The Contracting Officer shall be notified of the intent to release any information 45 days prior to the expected date of release. This requirement shall apply to all subcontractors.

H.10 TASK ORDER ISSUANCE PROCEDURES

a. When the Government requires non-recurring work under the contract, a Request for Proposal Letter (RFPL) will be issued as appropriate. RFPLs are normally accompanied by a Statement of Work (SOW) with a list of proposed work items (priced per applicable Price Schedule) and estimated quantities for the proposed task order. The contractor shall promptly meet with the Government and jointly measure and confirm the work items, quantities, and performance period. Any discrepancies between the Government’s and contractor’s proposed work items, quantities, and performance period shall be resolved before a task order is issued.

b. RFPLs will normally be issued electronically by email but may be placed via mail, telephone, facsimile or other electronic means.

c. Contractor is responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the RFPL by the time specified in the RFPL. Any proposal, modification, or revision, received at the Government office after the exact time specified for receipt of proposals will be late and will not be considered.

d. Task orders will be awarded on DD Form 1155, Order for Supplies or Services. Task orders will be numbered in accordance with DFARS PGI 204.16.

e. The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed task orders.

f. Each task order shall include as a minimum:

(1) Date of order

(2) Contract number and order number

(3) Contract item number and description, quantity, and unit price or estimated cost

(4) Delivery or performance schedule

(5) Place of performance

(6) Any packaging, packing, and shipping instructions

(7) Accounting and appropriation data

(8) Method of payment and payment office

g. Modifications to task orders will be issued on Standard Form (SF) 30.

Section I - Contract Clauses

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 52.204-9 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 52.204-15 Service Contract Reporting Requirements for Indefinite-

Delivery Contracts

OCT 2016

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

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

52.210-1 Market Research NOV 2021 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

JUN 2020

52.215-13 (Dev) Subcontractor Certified Cost or Pricing Data - Modifications (Deviation 2022-O0001)

OCT 2021

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

NOV 2021

52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort

OCT 2009

52.215-23 Limitations on Pass-Through Charges JUN 2020 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns FEB 2024

52.219-14 Limitations On Subcontracting OCT 2022 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 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 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 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 NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.223-10 Waste Reduction Program MAY 2024 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

MAY 2024

52.223-19 Compliance with Environmental Management Systems MAY 2011 52.223-23 Sustainable Products and Services. MAY 2024 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.226-7 Drug-Free Workplace MAY 2024 52.226-8 Encouraging Contractor Policies To Ban Text Messaging

While Driving

MAY 2024

52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

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 52.232-23 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

52.232-39 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 52.244-2 Subcontracts JUN 2020 52.244-6 Subcontracts for Commercial Products and Commercial

Services

FEB 2024

52.246-25 Limitation Of Liability--Services FEB 1997 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.252-6 Authorized Deviations In Clauses NOV 2020 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 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7004 Display of Hotline Posters JAN 2023 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013 REVISION 1)

MAY 2024

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

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 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

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

JAN 2023

252.215-7016 Notification to Offerors--Postaward Debriefings DEC 2022 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7004 Report of Intended Performance Outside the United States and Canada--Submission After Award

JUL 2024

252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China

JAN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.226-7003 Drug-Free Work Force AUG 2024

252.227-7013 Rights in Technical Data--Other Than Commercial Products and Commercial Services

MAR 2023

252.227-7016 Rights in Bid or Proposal Information JAN 2023 252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data JAN 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 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 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.244-7001 Contractor Purchasing System Administration MAY 2014 252.247-7023 Transportation of Supplies by Sea OCT 2024

52.216-18 ORDERING. (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from award date through last date of contract

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

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, 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 $2,000,000;

(2) Any order for a combination of items in excess of $5,000,000; or

(3) A series of orders from the same ordering office within three (3) 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 two (2) 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 the contract completion date.

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 before the contract expires.

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 45 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 60 days.

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):

Federal Acquisition Regulation (FAR):

https://www.acquisition.gov/

Defense Federal Acquisition Regulation Supplement (DFARS):

https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

252.222-7000 RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)

(a) The Contractor shall employ, for the purpose of performing that portion of the contract work in Guam, individuals who are residents thereof and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills to perform the contract.

(b) The Contractor shall insert the substance of this clause, including this paragraph (b), in each subcontract awarded under this contract.

52.240-1

52.240-1 PROHIBITION ON UNMANNED AIRCRAFT SYSTEMS MANUFACTURED OR ASSEMBLED BY

AMERICAN SECURITY DRONE ACT-COVERED FOREIGN ENTITIES (NOV 2024)

a) Definitions. As used in this clause—

American Security Drone Act-covered foreign entitymeans an entity included on a list developed and maintained by the Federal Acquisition Security Council (FASC) and published in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

FASC-prohibited unmanned aircraft systemmeans an unmanned aircraft system manufactured or assembled by an American Security Drone Act-covered foreign entity.

Unmanned…