Solicitation_N44255-19-F-6007.pdf

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42 - 49 X H 50 - 52 daniel.p.vannatta@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 52

(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.

N44255 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

NAVFAC NW

conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

DANIEL P. VAN NATTA 360-396-4962

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 9

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

10 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

11 - 12 13 - 14

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 15 - 16 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 17 - 19 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

20 - 33

PART II - CONTRACT CLAUSES

NAVFAC NORTHWEST

1101 TAUTOG CIRCLE

SILVERDALE WA 98315-1101

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

10 May 2019

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N4425519R6007

Section B - Supplies or Services and Prices

SECTION B

B.1 GENERAL CONTRACT INFORMATION

The subject contract will be an indefinite-delivery, indefinite-quantity firm fixed price single award contract with recurring task orders. The contract will be a 100% small business set-aside and it is anticipated the contractor will perform all labor, supervision, and management necessary to perform armed security guard operational requirements. The proposal presented by the Contractor to whom the award is made will be incorporated, in whole or in part, into the contract at time of award. If the Contractor’s proposal contains terms or conditions more favorable to the Government, these more favorable terms and conditions shall be performed. However, the minimum requirements of the performance work statement must be met.

B.2 MAXIMUM NOT TO EXCEED (NTE) AND MINIMUM GUARANTEE

The maximum NTE value of an ordering period is the total of all the CLINs in that ordering period. The maximum or NTE value of the contract is the total value of all CLINs in the Schedule. Orders shall not be made that exceed the maximum NTE value for any ordering period. The maximum NTE value of an ordering period and of the contract may be increased by written modification to the contract in conjunction with any modification that increases the value of an existing task order that is authorized by a contract clause. Orders in excess of the estimated quantity set forth for any particular CLIN shall not be exceeded without the Contractor’s agreement which shall be indicated by signing or beginning performance of the 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 Base Period Recurring work;

Minimum guarantees do not apply to the option periods.

B.3 CONTRACT TERM

This contract contains provisions for one base period of performance of up to twelve (12) months and four (4) one-year option periods, including the pre-priced 6-month option, will not to exceed sixty-six (66) months from the start date of the initial period of performance. The Government has the option to extend the term of the contract in accordance with Section I, Contract Clauses, FAR clause 52.217-8 – Option to Extend Services (Nov 1999) and FAR clause 52.217-9 – Option to Extend the Term of the Contract (Mar 2000).

B.4 CONTRACT LINE ITEMS, CONTRACT EXHIBIT LINE ITEMS AND SUBCLINS

a. Offerors shall enter unit prices and amounts for Contract Line Items (CLINs) and Exhibit line items (ELINs) as indicated in the schedules and any accompanying exhibits. ELIN unit prices must be rounded to two (2) decimal places only. If an offeror does not round ELIN unit prices to two (2) decimal places then the Government will round the prices to two (2) decimal places and the rounded prices will be used for evaluation purposes. ELIN unit prices may not be less than $0.01, unless offering “$0.00.” If an offeror proposes a unit price greater than $0.00, but less than $0.01, then the Government will round the unit price to $0.01 and that rounded price and resultant extended total price will be used for evaluation purposes.

b. In the event there is a difference between the unit price and the extended total amount, the unit price will be held to be the intended offer and the total of the CLIN and/or ELIN will be recomputed to take into account the change in the contract ELINs. If the offeror provides a total amount for an ELIN, but fails to enter the unit price, the total amount divided by the ELIN quantity will be held to be the intended unit price; although, if this calculation results in a unit price requiring more than two decimal places, the unit price will be rounded to two decimal places, and the extended total price will be recalculated in accordance with the preceding paragraph. In the event there is a discrepancy between the Section J ELIN pricing and the Section B CLIN price, the Section J ELIN will be held to be the intended offer, and the Section B CLIN will be adjusted accordingly.

c. The Schedule of Recurring work (CLINs 0001, 0003, 0005, 0007, 0009, and 0011), and the Schedule of Non- Recurring work (CLINs 0002, 0004, 0006, 0008, 0010, and 0012), will be used as the basis for deductions in accordance with the FAR Clause 52.246-4 Inspection of Services – Fixed Price (Aug. 1996)

d. Informational SubCLINs will be incorporated at the time of award with appropriate funding/lines of accounting by customer. These SubCLINS represent funding for each CLIN by customer. The contractor shall not submit totals for SubCLINs.

B.5 INDEFINITE QUANTITY INDIVIDUAL CONTRACT LINE ITEM QUANTITIES

Once the estimated quantities for individual line items shown in the Schedule and any accompanying exhibits have been ordered, additional quantities may be ordered as long as the overall not-to-exceed (NTE) amount of the contract per year is not exceeded and the Contractor agrees by signing the task order.

B.6 FULLY LOADED PRICING

Prices provided shall be fully loaded and no other allocations, fees, overheads, G&A, insurance, taxes, profits or any other markups shall be applied when an option is exercised or work is ordered for pre-priced work. Costs for technical specifications under J.C-1 – Annex 0200000 shall be considered overhead; therefore, their costs shall be allocated and included throughout the prices quoted for all other technical specifications.

B.7 GOVERNMENT PURCHASE CARD

Non-Recurring work may be ordered at the prices offered by two ways:

1) By the issuing activity using a DD Form 1155 “Order for Supplies and Services”; or 2) By an authorized Government user via a Government Purchase Card (GPC). When receiving GPC orders against Section B/Exhibits, the contractor shall provide the supplies and services at the offered price without additional markup or handling fee.

B.8 CONTRACTOR SUPPORT OF ELECTRONIC FACILITIES SUPPORT CONTRACTING (EFSC)

This procurement allows for and the Government fully intends to use FedMall for issuing orders under the NonRecurring Work portion of the contract. Refer to Section H, Special Contract Requirements, for further information.

B.9 WASHINGTON STATE TAXES

The FAR Clause 52.229-3 is included in Section I. The Washington State Department of Revenue imposes various taxes on contractors performing Federal Government contracts within Washington State. These taxes include, but are not limited to, retail sales tax when applicable, use tax when applicable, and business and occupation (B&O) taxes. Offerors are responsible for research of the Washington State tax revenue system and are to include all applicable federal, state, county, and city taxes as part of their proposed price as outlined in the FAR Clause 52.229- 3(b). The Washington State Department of Revenue website and contact information can be found at:

http://dor.wa.gov.

B.10 UNIT PRICE ADJUSTMENTS IN OPTION PERIODS

This solicitation incorporates the Service Contract Act (SCA) Wage Determination. and applicable Collective Bargaining Agreements (CBA). The Wages are incorporated for the Base Period of performance only. If the Option year is exercised, the most current SCA Wage Determinations and CBA Wage Decisions for that option year will be incorporated into the contract and the CLIN/ELIN prices will be adjusted in accordance FAR Clause 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment, for the SCA Wage Determinations.

The contractor warrants, by submission of his proposal that the price does not include any contingency for future wage increases.

B.11 PHASE-IN AND PHASE-OUT

Pricing shall include applicable Phase-In and Phase-Out costs, Phase-In shall be for a period of up to but no more than thirty (30) days and Phase-Out shall be for a period of up to but no more than thirty (30) days. There is no separately priced CLIN for Phase-In and Phase-Out and such costs can be distributed however the offeror chooses.

The Government recognizes that offerors may choose to front load these costs into the base year.

B.12 CONTRACT PRICE INFORMATION

For administrative purposes of the U.S. Government, the price of this contract and all subsequent task orders and modifications issued under this contract will be expressed in U.S. dollars. Payment will also be made in U.S.

dollars.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Recurring Work, Base FY20

FFP

This CLIN is for Recurring Services from 01 October 2019 through 30 September 2020.

FOB: Destination

NET AMT

0002 1 Non-Recurring Work, Base FY20

FFP

This CLIN is for Non-Recurring Services from 01 October 2019 through 30 September 2020.

0003 1 Recurring Work, OY1 FY21

FFP

This CLIN is for Recurring Services from 01 October 2020 through 30 September 2021.

0004 1 Non-Recurring Work, OY1 FY21

FFP

This CLIN is for Non-Recurring Services from 01 October 2020 through 30 September 2021.

0005 1 Recurring Work, OY2 FY22

FFP

This CLIN is for Recurring Services from 01 October 2021 through 30 September 2022.

0006 1 Non-Recurring Work, OY2 FY22

FFP

This CLIN is for Non-Recurring Services from 01 October 2021 through 30 September 2022.

0007 1 Recurring Work, OY3 FY23

FFP

This CLIN is for Recurring Services from 01 October 2022 through 30 September 2023.

0008 1 Non-Recurring Work, OY3 FY23

FFP

This CLIN is for Non-Recurring Services from 01 October 2022 through 30 September 2023.

0009 1 Recurring Work, OY4 FY24

FFP

This CLIN is for Recurring Services from 01 October 2023 through 30 September 2024.

0010 1 Non-Recurring Work, OY4 FY24

FFP

This CLIN is for Non-Recurring Services from 01 October 2023 through 30 September 2024.

0011 1 Recurring Work, Option to Extend OY5

FFP

This CLIN is for Recurring Services from 01 October 2024 through 31 March 2025 in accordance with FAR 52.217-8 - Option to Extend Services.

0012 1 Non-Recurring Work, Option to Extend OY5

FFP

This CLIN is for Non-Recurring Services from 01 October 2024 through 31 March 2025 in accordance with FAR 52.217-8 - Option to Extend Services.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

All terms and conditions of the contract award, performance work statement, and all attachments are applicable.

The PWS is organized into annexes. Annex 1 is "General Information". Annex 2 contains the on-site project management and administration requirements. Annex 4 contains the technical requirements. The annex numbers are identified as 1 through 4 in the description column, but the full expanded annex numbers include seven digits (e.g., Annex 1 expanded number is 0100000 as shown in the table below).

Annex Title

0100000 General Information 0200000 Management and Administration 0401000 Force Protection

See Attachment J.C-1 for the Performance Work Statement (PWS) pertaining to each of the individual annexes.

Section E - Inspection and Acceptance

SECTION E

E.1 ACCEPTANCE

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 CONTRACTOR QUALITY MANAGEMENT SYSTEM (QMS)

The Contractor shall establish and maintain a Quality Management System Program in accordance with the FAR Clause 52.246-4, Inspection of Services - Fixed Price (Aug 1996), Section E. Each phase of services rendered under this contract is subject to Government inspection, during the Contractor’s operations and after completion of the tasks.

The Government’s Performance Assessment Plan (PAP) provides a guide by which the Government’s assessment team may inspect and assess the Contractor’s performance. The Contractor is required to develop and maintain a Quality Management System (QMS), which includes quality control programs and corrective and preventive action processes. The Government’s PAP is not a substitute for Contractor’s QMS. Government Performance Assessment Representatives (PAR) will assess deliverables for conformance to contract performance objectives and standards.

High performance, inconsistencies and defects will all be documented. Assessment will start at the highest level of a performance objective possible. Assessment focus level will be adjusted depending on the Contractor’s performance, trend data and risk analysis. For any non-conformances identified, assessment may include reviews of the Contractor’s incorporated material representations of the technical proposal (as appropriate), and the QMS.

All findings of unsatisfactory or non-performed work will be administered in accordance with FAR Clause 52.246- 4, Inspection of Services – Fixed Price (Aug. 1996), using the schedule of Recurring work (CLINs 0001, 0003, 0005, 0007, 0009, and 0011) and the Schedule of Non-Recurring work (CLINs 0002, 0004, 0006, 0008, 0010, and 0012), as the basis for any deductions. All costs associated with rework are the responsibility of the Contractor. The Government reserves the right to choose the inspection methods to be used in implementing its Quality Assurance Surveillance Program and to vary the inspection methods utilized during the work, without notice to the Contractor.

The Contractor shall develop and submit to the Contracting Officer, a Quality Management (QM) Plan for approval per Section E. A general description of the Contractor's QMS program shall be available for Government review during the pre-award survey.

E.3 PERFORMANCE EVALUATION MEETINGS

a. The Contractor shall meet with the Contracting Officer’s Representative (COR) weekly during the first six (6) months of the contract. Thereafter, meetings will be as often as necessary at the discretion of the Contracting Officer, but not less than monthly. A mutual effort will be made to resolve all problems identified. The written minutes of these meetings, prepared by the Government, shall be signed by the Contractor's representative and the Government's representative. Should the Contractor not concur with the minutes, the Contractor shall state, in writing, to the Contracting Officer any areas of disagreement within ten (10) calendar days.

b. The Government will periodically assess the Contractor's overall performance in the Contractor Performance Assessment System (CPARS) allowing for correction and documentation of substandard performance. The Contractor will be afforded an opportunity to comment on each evaluation performed. The Contractor has 30 calendar days to submit written comments on unsatisfactory ratings.

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

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

Section F - Deliveries or Performance

SECTION F

F.1 PLACE OF PERFORMANCE

The work described under this contract, defined in Annex 1 of the PWS, shall be provided to a variety of customers and at various locations. It is anticipated that the vast majority of recurring and non-recurring work under this contract will be performed primarily in Washington and Idaho.

F.2 TERM OF CONTRACT: The contract performance period is as follows:

1. Base Period: 01 October 2019 thru 30 September 2020

2. Follow on/Option Period One: 01 October 2020 thru 30 September 2021

3. Follow on/Option Period Two: 01 October 2021 thru 30 September 2022

4. Follow on/Option Period Three: 01 October 2022 thru 30 September 2023

5. Follow on/Option Period Four: 01 October 2023 thru 30 September 2024

6. Follow on /Option to Extend 01 October 2024 thru 31 March 2025

F.3 DELIVERABLES OR PERFORMANCE

See Section J, Attachment J.F-1, Deliverables or Performance

F.4 WORKING FILES

This contract contains FAR 52.215-2 “Audit and Records – Negotiation”. In addition to all information described in that clause, the Contractor shall maintain accurate working files on all work documentation including calculations, assumptions, interpretations of regulations, sources of information, and other raw data required in the performance of this contract.

F.5 eCMRA REPORTING REQUIREMENTS

In accordance with NMCARS 5237.102.90, the Contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address, https://www.ecmra.mil. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year.

Contractors may direct questions to the help desk, linked at https//www.ecmra.mil.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-OCT-2019 TO

30-SEP-2020

N/A NAVFAC NORTHWEST (SHIP TO)

ACQ CORE SERVICES

1101 TAUTOG CIRCLE

SILVERDALE WA 98315-1101

360-396-0251

N44255

0002 POP 01-OCT-2019 TO

30-SEP-2020

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-OCT-2020 TO

30-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-OCT-2020 TO

30-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-OCT-2021 TO

30-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-OCT-2021 TO

30-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-OCT-2022 TO

30-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-OCT-2022 TO

30-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 01-OCT-2023 TO

30-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 01-OCT-2023 TO

30-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 01-OCT-2024 TO

31-MAR-2025

N/A (SAME AS PREVIOUS LOCATION)

0012 POP 01-OCT-2024 TO

31-MAR-2025

N/A (SAME AS PREVIOUS LOCATION)

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

Section G - Contract Administration Data

SECTION G

This solicitation will result in the award of one (1) contract.

The Procuring Contracting Officer for this procurement is: Melissa Burris, NAVFAC Northwest, 110 Tautog Circle, Suite 204, Silverdale, WA 98315, Email: melissa.burris@navy.mil Telephone: 360-396-0251

Upon award of this contract, Contract Administration shall be assigned to the following Facilities Contracting Department: Administering Contracting Officer (ACO) – To be identified at time of award. Contracting Officer Representative (COR) – To be identified at time of award

G.1 RELEASE OF CLAIMS

The contractor shall, with the final invoice for the base term and each option period, provide a release of claims worded similar to the following: The undersigned Contractor does, and by the receipt of said sum shall for itself, its successors and assigns, remise, release and forever discharge the Government, its officers, agents, and employees, of and from all liabilities, obligations and claims whatsoever in law and in equity under or arising to day out of said contract.

G.2 INVOICING INSTRUCTIONS

Invoices for services rendered under this contract shall be submitted electronically through Wide Area Work Flow (WAWF), in accordance with DFARS 252.232-7006, Wide Area WorkFlow Payment Instructions (DEC 2018) using Wide Area Work Flow (WAWF) and DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (DEC 2018).

Invoices for non-recurring/ Task Order work shall be processed according to the guidance submitted within each task order placed under this contract. Specific invoicing instructions as required by DFARS 252.232-7003. Please note, routing table information will be provided on individual task orders.

To comply with the clause 252.232-7003, Electronic Submission of Payment Requests (DEC 2018), the contractor is required to register for WAWF at https://wawf.eb.mil/. WAWF training is available from the WAWF main web site, or directly at http://www.wawftraining.com. WAWF questions should be directed to the WAWF helpdesk at 866-618-5988.

G.3 INSTRUCTIONS TO ADMINISTRATIVE CONTRACTING OFFICES AND PAYING OFFICES

The Contract Administrative/Purchasing Office for this contract is: To be determined at time of award, by individual Task Order.

Payments will be made by: To be determined at time of award

G.4 NON PRE-PRICED PROPOSALS

The Contractor will submit proposals in response to Government Requests for Proposals (RFP) during the performance of this contract. Unless otherwise directed, the proposal shall contain sufficient detail to permit an analysis of all material, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work involved, whether such work was deleted, added, or changed. Any amount claimed for subcontractors shall be supported by a similar price breakdown. The Contracting Officer may require additional documentation than those listed.

In addition, if the proposal includes a time extension, a justification thereof shall also be furnished. The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer.

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

United States law will apply to resolve any claim of breach of this contract.

(End of clause)

Section H - Special Contract Requirements

WAGE DETERMINATIONS

Attachment J-1, Wage Determinations and Collective Bargaining Agreements includes the full copies of each of the following documents. The following wage determinations are currently in effect for the contract periods of performance listed as follows:

BASE YEAR – 01 OCTOBER 2019 THROUGH 30 SEPTEMBER 2020

Service Contract Act Wage Determinations:

SCA 2015-5505 REV 7 - 12/26/2018 Idaho County of Kootenai SCA 2015-5545 REV 9 - 12/26/2018 Washington Counties of Clallam and Jefferson SCA 2015-5525 REV 8- 12/26/2018 Washington County of Kitsap

Collective Bargaining Agreement (CBA) Wage Determinations:

CBA-2018-11765 - 10/01/2018 Xcel Protective Services, Inc. and Security, Police and Fire Professionals of America), effective 01 October 2018 to 30 September 2021. Effective for services at NAVMAG II only.

CBA-2018-9265 Revision No: 2, 9/26/2018: Collective Bargaining Agreement between contractor: Homeland Security Solutions, Inc. and union: Security, Police, and Fire Professionals of America Local 5, effective 10/1/2016 through 9/30/2019. Effective for services at Naval Base Kitsap, Bangor, Washington only.

CBA-2016-11851 Revision No: 1, 9/26/2018: Collective Bargaining Agreement between contractor: Homeland Security Solutions, Inc. and union: United Steelworkers International Union Local 9241-05 – Security Clerks, effective 10/1/2018 through 9/30/2021. Effective for services at Naval Base Kitsap, Bangor, Washington only.

OPTION YEAR ONE – 01 OCTOBER 2020 THROUGH 30 SEPTEMBER 2021

Shall be provided upon exercise of the option.

OPTION YEAR TWO – 01 OCTOBER 2021 THROUGH 30 SEPTEMBER 2022

Shall be provided upon exercise of the option.

OPTION YEAR THREE – 01 OCTOBER 2022 THROUGH 30 SEPTEMBER 2023

Shall be provided upon exercise of the option.

OPTION YEAR FOUR – 01 OCTOBER 2023 THROUGH 30 SEPTEMBER 2024

Shall be provided upon exercise of the option.

OPTION YEAR EXTENSION – 01 OCTOBER 2024 THROUGH 31 MARCH 2025

Shall be provided upon exercise of the option extension.

SECTION H

H.1 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. 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.2 SECURITY CLASSIFICATION

Attachment J.H-1, DD254, located in Section J provides the Department of Defense Contract Security Classification (DD254) required for performance of the work described in this solicitation.

H.3 CODE COMPLIANCE

The installation and facilities and all other locations and facilities covered under this contract are subject to compliance with all applicable titles and section of the United States Code and the Code of Federal Regulations.

H.4 CONTRACTOR SUPPORT OF ELECTRONIC CONTRACTING (FEDMALL)

The contractor is required to offer indefinite quantity (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.

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.

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. More information regarding FedMall can be found at https://www.fedmall.mil/index.html.

The contractor shall track quantities and report total ordered quantity in FedMall and approved DD 1155's by line item number each month and year-to-date. The report shall be due to the Contracting Officer by the fifth day of the following month. The contractor must track and report when total dollar value of all orders from both GCPC purchases and DD 1155s exceed 75% of the combined Section B Pre-Priced Line Item quantities.

H.5 BLANKET TASK ORDER

In order to adequately support mission requirements, the Government reserves the right to issue Blanket Task Orders (BTOs) with bulk funding for nonrecurring work based on anticipated needs for a specified period, not to exceed six months from issuance and funding of the BTO. BTOs shall not cross fiscal years. The services to be ordered under a BTO will only include those services for which rates have been established under the contract.

Performance of work shall not commence until authorization is received from the Contracting Officer. The notice to proceed (NTP) will be given by the KO for each negotiated work authorization and will include a firm fixed-price not-to-exceed amount which can only be altered via BTO modification.

H.6 AUTHORITY

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

2. 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.

3. 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:

(a) An understanding or agreement between the Contractor and anyone other than the Contracting Officer; (b) A purported modification or change order issued by anyone other than the Contracting Officer; (c) A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or (d) An order, direction, consent, or permission from anyone other than the Contracting Officer to:

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

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

Section I - Contract Clauses

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

Improper Activity

MAY 2014

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

Transactions

OCT 2010

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

To Inform Employees of Whistleblower Rights

APR 2014

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

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

Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

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

JUL 2018

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

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research APR 2011 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-13 (Dev) Subcontractor Certified Cost or Pricing Data - Modifications (Deviation 2018-O0015)

JUL 2018

52.215-14 Integrity of Unit Prices OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003).

DEC 2018

52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Alt II Small Business Subcontracting Plan (AUG 2018) Alternate II NOV 2016 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2019-O0003). DEC 2018 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 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

52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

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

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May

2011) Alternate I

MAY 2011

52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.224-3 Privacy Training JAN 2017 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

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 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 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

DEC 2013

52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.244-6 Subcontracts for Commercial Items JAN 2019 52.245-1 Alt I Government Property (JAN 2017) Alternate I APR 2012 52.245-9 Use And Charges APR 2012 52.246-20 Warranty Of Services MAY 2001 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 52.251-1 Government Supply Sources APR 2012 52.252-6 Authorized Deviations In Clauses 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

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 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. FEB 2019 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

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

MAY 2016

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

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

OCT 2015

252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

252.217-7027 Contract Definitization DEC 2012 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2018 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7001 Hazard Warning Labels DEC 1991 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

252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card

MAY 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.235-7003 Frequency Authorization MAR 2014 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System

AUG 2016

252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7023 Transportation of Supplies by Sea FEB 2019 252.251-7000 Ordering From Government Supply Sources AUG 2012

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 $100.00, 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 $1,000,000.00;

(2) Any order for a combination of items in excess of $5,000,000.00; or

(3) A series of orders from the same ordering office within 5 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 3 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.

The Order Limitations included in the clause, FAR 52.216-19 ORDER LIMITATIONS (OCT 1995), apply only to that portion of the work referred to as Non-Recurring Work (CLINs 0002, 0004, 0006, 0008, 0010, 0012 and their related ELINS). The order limitations do not apply to Recurring Work Items (CLINs 0001, 0003, 0005, 0007, 0009, 0011, and their related ELINs).

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 date cited in the task order.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

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

(a) The Government may extend the term of this contract by written notice to the Contractor before the terms of the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 day 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 months.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is…