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Document Number: OBICR202300002 Page 1 of 31
a. NAME Jennell Joyner
5. SOLICITATION NUMBER
OBICR202300002
4. ORDER NUMBER 3. AWARD/EFFECTIVE DATE
1. REQUISITION NUMBER
OBIC202300004
9. ISSUED BY
UNITED STATES CAPITOL POLICE
Office of Acquisition Management 119 D Street, NE Washington, DC 20510
CODE 10. THE ACQUISITION IS X UNRESTRICTED OR SET ASIDE: % FOR
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM NAICS:
EDWOSB
SIZE STANDARD:
8(A)
UISS
b. TELEPHONE NUMBER (No collect calls)
13a. THIS CONTRACT IS
RATED ORDER UNDER DPAS
(15 CFR 700)
12. DISCOUNT TERMS
0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %
25. ACCOUNTING AND APPROPRIATION DATA
See Line Item Detail
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE
ARE NOT ATTACHED
ARE NOT ATTACHED
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
2. CONTRACT NO.
PAGE 1 OF
6. SOLICITATION ISSUE
DATE
05/05/2023
7. FOR SOLICITATION INFORMATION
CALL:
8. OFFER DUE DATE / LOCAL
TIME
05/31/2023
15:00 ET
11. DELIVERY FOR FOB DESTINATION
UNLESS BLOCK IS MARKED
13b. RATING
See Lines
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH
OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE
TERMS AND CONDITIONS SPECIFIED.
29. AWARD OF CONTRACT: REF. OFFER
DATED . YOUR OFFER ON SOLICITATION (BLOCK 5)
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,
IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) Tramaine Sims
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 02/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
SEE
SCHEDULE 14. METHOD OF SOLICITATION
RFQ IFB X RFP
15. DELIVER TO
UNITED STATES CAPITOL POLICE
OFFICE OF ACQUISITION MANAGEMENT
Fairchild Building, 7th Floor 499 South Capitol Street, SW Washington, DC 20003
CODE 16. ADMINISTERED BY
UNITED STATES CAPITOL POLICE
Office of Acquisition Management 119 D Street, NE Washington, DC 20510
CODE UISS
17a. CONTRACTOR/
OFFEROR
CODE FACILITY
CODE
18a. PAYMENT WILL BE MADE BY Submit Invoices IAW USCP52.048 Submit Invoices(https://ipp.for.fiscal.treasury.gov)
CODE UISS
Telephone No.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS
CHECKED SEE ADDENDUM
24. AMOUNT 23. UNIT PRICE 22. UNIT 21. QUANTITY 20. SCHEDULE OF SUPPLIES/SERVICES
(Use Reverse and/or Attach Additional Sheets as Necessary)
19. ITEM NO.
OAM-CP
Document Number: OBICR202300002 Page 2 of 31
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
36. PAYMENT
COMPLETE PARTIAL FINAL
37. CHECK NUMBER
PARTIAL FINAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 02/2012) BACK
Document Number: OBICR202300002 Page 3 of 31
Table of Contents
Section Description Page Number
B Supplies or Services and Prices/Costs C Descriptions/Specifications/Statement of Work D Packaging and Marking E Inspection and Acceptance F Deliveries or Performance G Contract Administration Data H Special Contract Requirements I Contract Clauses J List of Attachments K Representations, Certifications and Other Statements of Offerors or Respondents L Instructions, Conditions and Notices to Offerors or Respondents M Evaluation Factors for Award
Document Number: OBICR202300002 Page 4 of 31
Section 1 - Continuation Sheet
Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)
0001 Services
Other
PSC:
0.000000 FEE
Description: Polygraph Examinations Base Year: 2023 - 2024
Reference Line:OBIC202300004 - 0001 Pricing Options:
Indicator: Base
0002 Services
Option Year 1: 2024 - 2025
Reference Line:OBIC202300004 - 0001
Pricing Options:
Indicator: Option Period: 1
0003 Services
Option Year 2: 2025 - 2026
Reference Line:OBIC202300004 - 0001
Pricing Options:
Indicator: Option Option Period: 2
0004 Services
Option Year 3: 2026 - 2027
Reference Line:OBIC202300004 - 0001
Pricing Options:
Indicator: Option
Document Number: OBICR202300002 Page 5 of 31
Option Period: 3
0005 Services
Option Year 4: 2027 -2028
Reference Line:OBIC202300004 - 0001
Pricing Options:
Indicator: Option Period: 4
B.1 Contract Type - Indefinite Delivery/Indefinite Quantity (IDIQ)
The USCP anticipates award of IDIQ type contract with a minimum of $50,000.00 and a maximum of $1,500,000.00. The United States Capitol Police (USCP) will issue Task Orders on a Firm Fixed Price basis. The resultant Contract will have a Base Period, which will be effective upon Contract execution and shall be effective for one year followed by four (4) one-year Option Periods.
Section C – Statement of Work
C.1 Statement of Work
SEE ATTACHED STATMENT OF WORK - ATTACHMENT 4
Section D - Packaging and marking
D.1 Payment of Postage and Fees
All postage and fees related to submitting information, including forms, reports, etc., to the Contracting Officer or the COR shall be paid by the Contractor.
D.2 Marking
All information submitted to the Contracting Officer or the COR shall be clearly marked to show the following:
1. Name of the Contractor
2. Contract Number; and
3. Consignee's name and address
Section E - Inspection and acceptance
52.246-4 Inspection of Services--Fixed-Price (Aug 1996)
(a) Definition. "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, Document Number: OBICR202300002 Page 6 of 31 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
52.242-15 Stop-Work Order (Aug 1989)
(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.
(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and
(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
F.1 Period of Performance
The base period of performance for the resulting contract is anticipated to be upon award execution through twelve (12) calendar months.
The Government reserves the right to exercise options to extend the term of the Contract, on a twelve (12) month basis for four (4) renewable option periods subject to Section I, Clause USCP52.011 – Option to Extend the Term of the Contract.
Document Number: OBICR202300002 Page 7 of 31
Option Period 1 period of performance, if exercised, will be from the completion date of the Base Period through twelve (12) calendar months thereafter.
1. Option Period 2 period of performance, if exercised, will be from the completion date of Option Period I through twelve (12) calendar months thereafter.
2. Option Period 3 period of performance, if exercised, will be from the completion date of Option Period 2 through twelve (12) calendar months thereafter.
3. Option Period 4 period of performance, if exercised, will be from the completion date of Option Period 3 through twelve (12) calendar months thereafter.
The Government reserves the right to exercise options to extend the term of the Contract, on a twelve (12) month basis for four (4) renewable option periods subject to the provisions of Section I, Clause USCP52.011 – Option to Extend the Term of the Contract.
Section G - Contract administration data
G.1 Contract Administration
The USCP Contracting Officer (CO) will perform administration of this contract. The CO is authorized to make contractual modifications and render contractual decisions, including but not limited to changes in the scope of work and monetary additions and/or deletions, within the limits of their authority. No changes to the Task Order requirements shall be effective without a modification of the Task Order fully executed by the Contracting Officer. The Contracting Officer will communicate in writing any necessary rejection of services.
All communications pertaining to contractual and/or administrative matters under this contract shall be addressed to:
Contracting Specialist: Jennell Joyner United States Capitol Police Office of Acquisition Management 499 South Capitol Street SW, 7th Fl.
Washington, D.C. 20003-4013
Office: (202) 593-3527 Facsimile Number: (202) 593-3600 Email: jennell.joyner@uscp.gov mailto:Email:%20jennell.joyner@uscp.gov
Document Number: OBICR202300002 Page 8 of 31
G.2 Contracting Officer’s Representative (COR) – To be Determined (TBD)
The Contracting Officer has designated the following individual as the Contracting Officer’s Representative (COR) for this Contract: USCP reserves the right to change the COR or appoint an alternate COR. Any designation will be in writing.
As designated by the Contracting Officer, the COR is assigned the following responsibilities:
1) Provide technical direction to the Contractor within the constraints of the statement of work;
2) Monitor and oversee the performance of the Contractor;
3) Ensure Task Order compliance;
4) Perform final inspection and acceptance of all reports and invoices; and
5) Resolve day-to-day matters directly with the Contractor.
It is the responsibility of the COR to perform inspection of Contractor services and deliverables, and to ensure that adequate records are kept to support acceptance or rejection. Acceptance of the services provided will be accomplished through the independent inspection and quality assurance actions of the COR. The COR will ensure that services provided by the Contractor conform to the applicable specifications set forth in this Task Order and the statement of work. The USCP reserves the right to change the COR or appoint an alternate COR. Any designation will be in writing.
G.3 Contractor’s Project Manager
a. The Contractor shall appoint a Project Manager who will be the Contractor’s authorized supervisor for technical and administrative work performed under this Contract. The Project Manager shall provide the single point of contact between the Contractor and the Contracting Officer’s Representative (COR) or other duly authorized representative under this Con- tract.
b. The Project Manager shall receive and execute, on behalf of the Contractor, such technical assignment directives as the USCP COR or his duly authorized representative may issue within the terms and conditions of this Contract.
Note: The Project Manager shall be identified as Key Personnel.
G.4 Post Award Orientation Conference Post-award orientation conference will be scheduled immediately following contract award and will be coordinated by the Contracting Officer. The purpose of the conference will be to familiarize the Contractor withe the contract administration procedures, contract clarifications, contract requirements, and expectations. The conference will be structured to achieve a clear and mutual understanding of all contractual administrative requirements and to identify any potential problem areas.
Section H – Special contract requirements
H Special Contract Requirements
H.1 On-site Security / Identification Badges
a. All Contractor staff, assigned to the project, that will be working at USCP facilities must undergo a criminal history check, fingerprinting, and shall be issued a United States Capitol Police identification/access pass. If the individual(s) proposed by the Contractor to work on this project are unable to qualify for issuance of a USCP Contractor badge, this will not relieve the Contractor of the responsibility to perform under this Contract. The Contractor will be required to provide alternative individuals who are qualified to do the work and are able to pass a criminal history check.
b. All individuals proposed to work on site will complete – USCP Request for Check of Criminal History Records and Building Access Card forms. The Contracting Officer will authorize the criminal history check and fingerprinting and subsequent badging of approved individuals. The COR will assist the Contractor in implementing the process and obtaining identification/access passes.
c. The Contractor is responsible for ensuring the security of the USCP is not compromised through the actions of its employees. To that end, the Contractor will ensure internal procedures are implemented within its company to ensure all USCP badges are returned by employees who resign from the company while holding a USCP badge, and that all badges are returned to the USCP Contracting Officer at resignation. The Contractor has the responsibility of notifying the Contracting Officer within 2 business hours if an employee has resigned and left the company without relinquishing their badge. If the Contractor knows or has reason to believe the employee may pose a heightened security risk, either due to the employee's access to sensitive USCP facilities, the employee's access to sensitive USCP equipment (i.e. computer systems, communications equipment, etc.), or the manner of the departure (lay off, firing, disgruntled), than the Contractor has a responsibility to contact USCP System Operations Section at (202) 593-4332 immediately to ensure, at a minimum, badge access is cancelled. The Contractor will then ensure appropriate action is taken to ensure the badge is received prior to release of any further payments to the employee.
Document Number: OBICR202300002 Page 9 of 31
d. If an employee is temporarily removed from working on-site at the USCP, but it is anticipated there may be a future need to work on-site, the badge should be collected by the Contractor and returned to the COR to be held until the employee returns to work on-site.
e. Prior to final payment, the Contractor must account for all badges issued under the Contract. Failure to account for all badges issued and failure to have implemented effective action to obtain missing badges may result in the withholding of final payment, up to 10% of the Contract total, until the missing badges no longer pose a security breach to the USCP.
H.2 Sensitive and Proprietary Information and Confidentiality of Sensitive Information
a. While performing under this Contract, the Contractor will have access to information and communications considered sensitive by the USCP, the House, the Senate, and/or other Legislative Branch agencies. The Contractor shall preserve the confidentiality of all such information and communications and shall not, under any circumstance, disclose any such information or communications for any purpose without prior written approval of the Contracting Officer.
b. The Contractor's failure to abide by the terms of this Contract shall be grounds for default, as stated in the “Default” clause
USCP52.005.
c. The Contractor shall establish security safeguards for the protection of all such information and communications.
d. The details of any safeguards that may be revealed to the Contractor by the USCP, House, Senate, and/or other Legislative Branch agencies, in the course of performance under this Contract, shall not be published or disclosed in any manner without the Contracting Officer's express written consent.
H.3 Limited Distribution or Use of Proprietary Information
a. During the course of the performance of this Contract, the Contractor may have access to and use of data and information which may be considered proprietary by other Contractors or which may otherwise be of such a nature that its dissemination or use, other than in performance of this Contract, would be adverse to the interest of the USCP and the other Contractors.
b. Except as may be otherwise agreed to with the other Contractors, the Contractor agrees it will not use, disclose or reproduce proprietary data and information belonging to other Contractors except as required in the performance of this Contract; provided, however, that nothing herein shall be construed as: (1) precluding the use of any such data or information independently acquired by the Contractor without such limitation; or (2) prohibiting an agreement at no cost to the USCP between the Contractor and other Contractors which provide for greater rights to the Contractor.
H.4 Maintenance of Records
If the COR authorizes any records to be maintained by the Contractor, these records are to be accurate, clear, well-documented, professional records in accordance with best practices for document preparation and maintenance for the type of records generated in this Contract. Information should be maintained in a manner, which protects any information from disclosure except as authorized in writing by the COR or designee.
H.5 Standards of Conduct and Restrictions
The Contractor shall conform to certain minimum standards of conduct as follows:
a. Contractor personnel shall not solicit new business at the USCP location during performance under this Contract.
b. Contractor personnel shall refrain from discussing any information obtained during performance under this Contract with unauthorized persons.
c. Contractor personnel shall conduct only such business as covered by this Contract during periods paid by the USCP. Business not directly related to this Contract shall not be conducted on USCP premises.
d. Use of the USCP's computer system(s) and/or equipment for company or personal use (other than that directly connected with this Contract) is strictly prohibited.
e. Contractor personnel are expected to adhere to the same professional ethical standards to which USCP personnel in a comparable position would be expected to adhere.
f. Contractor personnel will keep accurate records of time worked and provide them to the company representative.
g. For emergency preparedness purposes, Contractor personnel will be required to sign in and out at the USCP work location.
Document Number: OBICR202300002 Page 10 of 31
h. Contractor personnel will not benefit from special holidays and reduced hours granted by the Federal government for Federal employees. If the Contractor employee takes the time off, the USCP will not be billed for that time.
Section I - Clauses
USCP52.001 Order of Precedence
Any inconsistencies shall be resolved by giving precedence in the following order:
1) The USCP Statement of Work.
2) The USCP Contract.
3) The Contractor’s Proposal.
USCP52.003 Conflict of Interest
The Contractor certifies and warrants, per Attachment 1, that there is no conflict of interest, direct or indirect, financial or otherwise, which would be applicable to the performance of the obligations covered under this contract. If an allegation of a conflict of interest is brought to the attention of the USCP, the Contractor agrees to fully cooperate with any investigation of the allegation(s), and will disclose to the USCP any other contract(s) to which the Contractor is party to, public or private, or which the Contractor undertakes during performance under this contract.
USCP52.004 Changes
The Contracting Officer may at any time, by written order, make changes, within the general scope of this contract, in the manner and method of delivery of services; provided however that changes are within the Contractor's capability and in accordance with USCP Procurement Policy. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this contract, an adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within [Enter number of days] calendar days from the date of receipt by the Contractor of the notification of change; provided, however, should the Contracting Officer decide that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of such property.
Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." However, nothing in this clause shall excuse the Contractor from proceeding with the contract, as changed.
USCP52.005 Default
a. The USCP may, subject to the provisions of paragraph (c) below, by written notice of default to Contractor, terminate the whole or any part of this contract in any one of the following circumstances:
1) If Contractor fails to make delivery of the supplies or to perform the services within the time specified herein or any extension thereof; or
2) If Contractor fails to perform any of the other provisions of this contract or so fails to make progress as to endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of ten
(10) business days (or such longer period as the Contracting Officer may authorize in writing) after receipt of written notice from the Contracting Officer specifying such failure.
b. If this contract is terminated as provided in paragraph (a) of this clause, the USCP, in addition to any other rights provided in this clause, may withhold from amounts otherwise due the Contractor for such completed supplies, manufacturing materials, or services performed such sum as the Contracting Officer determines to be necessary to protect the USCP against loss because of outstanding liens or claims of former lien holders.
c. If, after notice of termination of this contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, or that the default was excusable under the provisions of this clause, the rights and obligations of the parties shall, if the contract contains a clause providing for termination for convenience of the USCP, be the same as if the notice of termination had been issued pursuant to such clause. If, after notice of termination of this contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, and if this contract does not contain a clause providing for termination for convenience by the USCP, the contract shall be equitably adjusted to compensate for such termination and the contract modified accordingly; failure to agree to any such adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes."
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USCP52.007 Termination For Convenience
The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the USCP.
Should the USCP terminate for convenience, the USCP shall be liable only for payment in accordance with the payment provisions of this contract for services rendered prior to the effective date of termination.
USCP52.008 Unforeseen Circumstances
The USCP realizes that circumstances may occur that are beyond the control of the USCP or the Contractor. The Contractor shall notify the COR and the Contracting Officer immediately via e-mail if any unforeseen circumstance arises that may have an impact on the contract schedule. The Contractor must take all reasonable steps to mitigate any schedule impact. When the final amount schedule impact has been determined, the Contractor will notify both the Contracting Officer and the COR in writing of the schedule changes, which must be approved in writing by the Contracting Officer.
USCP52.009 Excusable Delays
If the USCP fails to provide any material element required for performance under the contract in a timely manner, if performance is interrupted by the USCP in any manner that is not expressly or impliedly authorized by this contract, or if the USCP fails to act within the time specified in this contract or within a reasonable time, if not specified, an adjustment may be made for any costs that may have been incurred due to the delay and the due dates will be extended. The contract shall be modified in writing to reflect the changes. However, the Contractor is required to provide timely notification of any such delay to the Contracting Officer and the COR.
If the Contractor fails to provide such notification, only the period of time after receipt of notification will be considered in making adjustments to the contract. In order to receive additional payment for costs incurred due to the delay, the Contractor must be able to substantiate those costs.
USCP52.010 Gratuities
a. USCP may, by written notice to the Contractor, terminate the right of the Contractor to proceed under the Contract, if it is found after notice and hearing, by the head of the agency or a duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agency or representative of the Contractor, to any employee of the USCP with a view towards securing a favorable treatment with respect to awarding or amending or the making of any determination with respect to the performing of such contract: provided, that the existence of the facts which the head of the agency or a duly authorized representative makes such findings shall be in issue and may be reviewed an any competent court.
USCP52.011 Option to Extend the Term of the Contract
a. The USCP may extend the term of the contract by 12-months period by written notice to the Contractor prior to the expiration date;
provided the Government shall give the Contractor a preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. The preliminary notice does not commit the Government to an extension.
b. If the USCP exercises the option, the extended contract shall be considered to include this option clause.
c. The total duration of this contract, including the exercise of any option under this clause, shall not exceed sixty (60) months.
d. If the decision is made to extend the contract term of the contract, the Contracting Officer will execute a modification to the contract prior to contract expiration. If the USCP exercises an Option Period to extend the term of the contract, clause “F.1 - Period of Performance” will be modified accordingly to reflect the new contract expiration date and the estimated ceiling amount of the contract will be modified to reflect the increase resulting from the exercised Option Period.
USCP52.012 Option to Extend Services
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 the period of performance.
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USCP52.014 Contract Minimum and Maximum
The contract minimum is $50,000.00and the maximum aggregate value of the delivery orders issued under this contract, including those issued by other Federal Government Agencies, shall not exceed $1,500,000.00.
USCP52.015 Order Limitations
a. Minimum order. When the Government requires supplies covered by this contract in an amount of less than $50,000.00, 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 any order in excess of $1,500,000.00.
USCP52.016 Contractor Safety and Environmental Standards
While the USCP is governed by standards and regulation established by the Legislative Branch of government, and in many cases are exempt from standards as published by various Executive Branch agencies, to include OSHA, EPA and DOT; it is expected that all operations and conduct by the successful bidder for this proposal be in accordance with all such standards, Executive and Legislative Branches. At a minimum, the bidder is expected to be in constant compliance with such regulations as published in the 29 CFR (OSHA), 40 CFR (EPA), and 49 CRF (Transportation). Furthermore, all hazardous materials used by the vendor and any hazardous waste generated in the course of their work, while executing the requirements of this contract, will be the sole responsibility of the vendor to store, manage, transport, and dispose of in accordance with the same
USCP52.034 Security Requirements for All Contractors Performing Work at the USCP
Contractor/Vendor employees performing work at the USCP may be required to undergo a criminal history check and fingerprinting prior to initiating work. Contractor/Vendor employees working on-site may also be required to sign a Confidentiality Agreement/ Acknowledgement of Status Agreement
USCP52.037 Prohibition on Release of Information of Award
No news releases, press conferences, or advertisements pertaining to the award of this order or the work performed or delivered under this order will be made without prior written approval of the Contracting Officer. This includes the use of information concerning the award in websites, catalogs or other promotional material produced by the vendors or its employees
USCP52.043 Advertising of Award
The award of this contract and the work that the contractor will be performing under it, is, at a minimum, law enforcement sensitive, and may have national security implications. The Contractor and its employees are prohibited from issuing any news releases, or holding any press conferences concerning award of this contract. Further, the prohibition extends to discussion of this contract and work performed under it in speeches, professional seminars and classroom lectures.
Reference is not to be made to this contract in any advertisements, promotional materials or on the Contractor website or websites sponsored by any Contractor employees working under this contract. The Contracting Officer must grant any exceptions, in writing. As a general rule, the USCP will allow the use of the USCP as a reference for past performance when proposing on other government contracts
USCP52.046 Employment Eligibility Verification
(a) Definitions. As used in this clause –
Commercially available off-the-shelf (COTS) item – (1) Means any item of supply that is –
(i) A commercial item (as defined in paragraph (1) of the definition at 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products. Per 46 CFR 525.1(c)(2), “bulk cargo” means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.
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Employee assigned to the contract means an employee who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee –
(1) Normally performs support work, such as indirect or overhead functions; and
(2) Does not perform any substantial duties applicable to the contract.
Subcontract means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.
Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.
United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands. (b) Enrollment and verification requirements.
(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall –
(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;
(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and
(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).
(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of – (i) All new employees.
(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or
(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or
(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).
(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.
(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), within 180 calendar days of –
(i) Enrollment in the E-Verify program; or
(ii) Notification to E-Verify Operations of the Contractor's decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU).
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(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU.
(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor's MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official.
(ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify.
(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.
(d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee –
(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program;
(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or
(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors.
(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph
(e) (appropriately modified for identification of the parties), in each subcontract that –
(1) Is for –
(i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or
(ii) Construction;
(2) Has a value of more than $3,000; and
(3) Includes work performed in the United States.
USCP52.048 Electronic Submission of Payment Requests
(a) Definitions. As used in this clause -
(1) "Payment request" means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b). "Payment documentation and process" and the applicable Payment clause included in this contract.
(2) [Reserved]
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Payment Platform (IPP). Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.
(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing.
(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting http://www.dhs.gov/E-Verify http://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov
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Officer's written authorization with each payment request.
Section J - List of attachments
Identifier Title Date Number of Pages
1 Conflict of Interest Non-Disclosure 04/15/2023 1 2 Vendor Enrollment or Update 04/15/2023 1 3 Past Performance Questionnaire 04/15/2023 2 4 Statement of Work 04/15/2023 12
Section K - Representations, certifications, and other statements of offerors or respondents
52.212-3 Offeror Representations and Certifications-Commercial Items (Feb 2021)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.
(a) Definitions. As used in this provision-- "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation", means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and http://www.sam.gov/
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(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is…
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