RFQ 9594CS22Q0024.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

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

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

FAC220013 31

9594CS22Q0024

Kathleen Myers (202) 585-7847

Net 30

See Section F See Block 9

Court Services and Offender Supervision Agency Office of Financial Management 800 North Capitol Street, NW Washington, DC 20002-4260

See Continuation Sheet

561621

$22M

03/24/2022

See Section L

Court Services and Offender Supervision Agency Office of Procurement 800 North Capitol Street, NW Washington, DC 20002 Kathy Myers; kathleen.myers@csosa.gov

9594CS22Q0024

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Continuation of SF1449

CLIN Schedule of Supplies/Services Qty Unit Unit Price Amount 0001 Annual Inspection-Certification Services 0001AA Fire Protection Systems and Components 1 EA

0001AB Fire Extinguishers 1 EA 0001AC Fire Suppression Systems and Components 1 EA

Quarterly Services for Fire Suppression Systems and Components (The annual service covers the fourth quarter of services)

3 EA

24 Hour Service Calls (Labor) (This CLIN is only for the technician to assess the repair, if repairs are needed then that will fall under the “Repair Services” CLIN)

6 HR

0004 Repair Services 0004AA Labor 10 HR 0004AB Material 1 LOT $2,500.00

Total Base Period

Option Period 1 - 1001 Annual Inspection-Certification Services 1001AA Fire Protection Systems and Components 1 EA 1001AB Fire Extinguishers 1 EA 1001AC Fire Suppression Systems and Components 1 EA

Quarterly Services for Fire Suppression Systems and Components (The annual service covers the fourth quarter of services)

3 EA

24 Hour Service Calls (Labor) (This CLIN is only for the technician to assess the repair, if repairs are needed then that will fall under the “Repair Services” CLIN)

6 HR

1004 Repair Services 1004AA Labor 10 HR 1004AB Material 1 LOT $2,600.00

Total Option Period 1

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Option Period 2 - CLIN Schedule of Supplies/Services Qty Unit Unit Price Amount 2001 Annual Inspection-Certification Services 2001AA Fire Protection Systems and Components 1 EA 2001AB Fire Extinguishers 1 EA 2001AC Fire Suppression Systems and Components 1 EA

Quarterly Services for Fire Suppression Systems and Components (The annual service covers the fourth quarter of services)

3 EA

24 Hour Service Calls (Labor) (This CLIN is only for the technician to assess the repair, if repairs are needed then that will fall under the “Repair Services” CLIN)

6 HR

2004 Repair Services 2004AA Labor 10 HR 2004AB Material 1 LOT $2,691.00

Total Option Period 2

Option Period 3 - 3001 Annual Inspection-Certification Services 3001AA Fire Protection Systems and Components 1 EA 3001AB Fire Extinguishers 1 EA 3001AC Fire Suppression Systems and Components 1 EA

Quarterly Services for Fire Suppression Systems and Components (The annual service covers the fourth quarter of services)

3 EA

24 Hour Service Calls (Labor) (This CLIN is only for the technician to assess the repair, if repairs are needed then that will fall under the “Repair Services” CLIN)

6 HR

3004 Repair Services 3004AA Labor 10 HR 3004AB Material 1 LOT $2,772.00

Total Option Period 3

Option Period 4 - 4001 Annual Inspection-Certification Services 4001AA Fire Protection Systems and Components 1 EA 4001AB Fire Extinguishers 1 EA 4001AC Fire Suppression Systems and Components 1 EA

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CLIN Schedule of Supplies/Services Qty Unit Unit Price Amount

Quarterly Services for Fire Suppression Systems and Components (The annual service covers the fourth quarter of services)

3 EA

24 Hour Service Calls (Labor) (This CLIN is only for the technician to assess the repair, if repairs are needed then that will fall under the “Repair Services” CLIN)

6 HR

4004 Repair Services 4004AA Labor 10 HR 4004AB Material 1 LOT $2,855.00

Total Option Period 4 Grand Total

SECTION B – SUPPLIES OR SERVICE AND PRICES/COST

B.1 Type of Contract. This is a firm-fixed price purchase order.

B.2 North American Industry Classification System (NAICS) and Small Business Size Standard. The NAICS Code for this purchase order is 561621 - Security Systems Services (except Locksmiths). The Small Business size standard is $22.0M.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

See Attachment J-1 Section C - Statement of Work.

SECTION D - PACKAGING AND MARKING

None; services are performed on-site at locations identified in Section C.

SECTION E - INSPECTION AND ACCEPTANCE

Addendum to FAR 52.212-4(a), Inspection and Acceptance. The following terms and conditions are an addendum to FAR 52.212-4(a) included in Section I of this contract.

The Contractor shall tender for acceptance only those items/services that conform to the requirement of the contract and the applicable purchase order. CSOSA reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Contracting Officer’s Representative (COR) may require repair or replacement of nonconforming supplies or

5 | P a g e re-performance of nonconforming services at no increase in contract price. CSOSA must exercise its post acceptance rights:

a. Within a reasonable period of time after the defect was discovered or should have been discovered; and

b. Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

SECTION F – DELIVERIES AND PERFORMANCE

F.1 Place of Performance

Contractor personnel shall perform the work under this contract at CSOSA locations identified in Section C.

F.2 Period of Performance

CLIN 0001 (Base Period): May 26, 2022 through May 25, 2023 CLIN 1001 (Option Period 1): May 26, 2023 through May 25, 2024 CLIN 2001 (Option Period 2): May 26, 2024 through May 25, 2025 CLIN 3001 (Option Period 3): May 26, 2025 through May 25, 2026 CLIN 4001 (Option Period 4): May 26, 2026 through May 25, 2027

F.3 Hours of Operation

CSOSA hours of operation are 6:30 a.m. to 6:00 p.m., Monday through Friday, except federal holidays. The Contractor shall coordinate work hours at Government facilities with the COR.

The Contractor shall not perform work at Government facilities on any federal holiday identified in section F.4 below or other non-business days without prior approval of the COR. Work to be performed at Government facilities must be accomplished within the CSOSA hours of operation identified above. Any work at the Government’s facilities outside the above identified hours of operation is not authorized unless written approval is provided by the COR.

F.4 Observance of Legal Holidays and Excused Absence F.4.1 Legal Holidays.

F.4.1.1 CSOSA personnel observe the following days as holidays:

(1) New Year's Day (7) Labor Day

(2) Martin Luther King's Birthday (8) Columbus Day

(3) President’s Day (9) Veterans' Day

(4) Memorial Day (10) Thanksgiving Day

(5) Juneteenth Day (11) Christmas Day

(6) Independence Day

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F.4.1.2 If a holiday falls on Sunday, the following Monday will be observed as the legal holiday.

F.4.1.3 When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies.

F.4.2 In addition to the days designated as holidays, the Government observes the following days:

(1) Any other day designated by Federal Statute

(2) Any other day designated by Executive Order

(3) Any other day designated by the President’s Proclamation

F.4.3 It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. No work is authorized to be performed by the Contractor on any legal holiday or other day as designated by paragraph F.4.1.1 above.

F.5 Notice of Contractor Delays. In the event the Contractor encounters, or anticipates encountering, difficulty in meeting performance requirements, or in complying with the contract delivery schedule or completion date, or whether the Contractor has knowledge that any actual or potential situation is delaying, or threatens to delay, the timely performance of any purchase order, the Contractor shall immediately, within one business day, notify the Contracting Officer and the COR, in writing, giving pertinent details; provided, however, that this notification shall be informational only in character, and that this provision shall not be construed as a waiver by CSOSA of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F.6 Travel. No travel reimbursement is authorized under this contract.

F.7 Parking. The Contractor is responsible for parking costs at all CSOSA sites. CSOSA will not reimburse for any parking expenses or costs for parking violations.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Contracting Officer’s Representative

G.1 Contracting Officer’s Representative

G.1.1 The Contracting Officer’s Representative (COR) for this purchase order is:

TBD at award Office of Information Technology

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Court Services and Offender Supervision Agency (CSOSA) 800 North Capitol St., NW Washington, DC 20002-4260 Telephone Number: TBD at award Email Address: TBD at award

G.1.2 The COR is responsible for the technical aspects of the purchase order and serves as the liaison with the contractor. The COR is responsible for the final inspection and acceptance of all work performed and such other responsibilities as may be specified in this purchase order.

G.1.3 The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the purchase order price, terms or conditions.

Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contacting Officer.

G.2 Contracting Officer

G.2.1 The Contracting Officer is the only person authorized to approve changes to any of the terms and conditions of this contract. In the event the contractor effects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the purchase order price to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the purchase order, or to modify any term or condition of this purchase order. The Contracting Officer is the only individual who can legally obligate government funds. No cost chargeable to the proposed purchase order can be incurred before receipt of a fully executed contract, which includes any subsequent purchase order modifications or other specific written authorization from the Contracting Officer.

G.2.2 The contractor shall not comply with any order, direction or request of government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this purchase order. No order, statement, or conduct of government personnel, other than the Contracting Officer, who visit the contractor’s facilities or in any other manner communicate with contractor personnel during the performance of this purchase order shall constitute a change under the terms for changes included in FAR 52.212-4 of this purchase order.

G.2.3 The procuring and administering Contracting Officer for this purchase order is:

Elijah Anderson Office of Procurement Court Services and Offender Supervision Agency (CSOSA) 800 North Capitol St., NW Washington, DC 20002-4260 Phone: 202.352.0537 (mobile) / 202.220.5795 (office) Email Address: Elijah.Anderson@csosa.gov mailto:Elijah.Anderson@csosa.gov

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G.3 Electronic Invoicing and Payment Requirements – Invoice Processing Platform

G.3.1 Payment requests must be submitted electronically through the U.S. Department of Treasury’s Invoice Processing Platform (IPP) system using the “Bill to Agency” of Interior Business Center – FMD.

G.3.2 Definitions.

G.3.2.1 “Contract” as used throughout this clause means the type of contract identified in Section B.1.

G.3.2.2 “Payment request” means any request for contract financing payment or invoice payment by the Contractor.

G.3.3 To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. or the clause FAR 52.212-4, Contract Terms and Conditions – Commercial Items, included in commercial item contracts.

G.3.4 IPP Registration. The IPP website address is: https://www.ipp.gov. The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve normally within 3-5 business days of the contract award date. Assistance with enrollment may be obtained by contacting the IPP Production Helpdesk via email at IPPCustomerSupport@fiscal.treasury.gov or by phone at (866) 973-3131.

G.3.5 Payment Request/Invoice Submission.

G.3.5.1 Invoices shall be submitted in IPP with a unique invoice number and on a timely basis. Invoices may be submitted for partial quantities, equal to a quantity of “1” or more, i.e., 1 quarterly service, 1 hour for inspection and/or repair services, and no less than $1 for materials.

G.3.5.2 The payment request/invoice submission must identify the specific Contract Line Item Number (CLIN) for which the contractor is seeking payment under the contract.

G.3.5.3 In addition to providing the information required by IPP, the Contractor shall include in IPP as an attachment(s) to the specific payment request/invoice amount the description, unit of measure, quantity, unit price, extended total price of the supplies invoiced and date of shipment or delivery.

G.3.6 CSOSA is bound by the Prompt Payment Act (5 CFR Part 1315) to reimburse contractors on the 30th calendar day after a proper and valid invoice is officially received by the Agency.

G.3.6.1 Invoices submitted in IPP to incorrect CLINs and/or without required or valid attachment information are not considered proper.

https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

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G.3.6.2 Improper or invalid IPP invoices shall be disputed / rejected by CSOSA in their entirety. If the invoice is disputed / rejected by CSOSA, the CO or COR appointed to the contract will notify the contractor in writing of the dispute within seven (7) days of the CSOSA invoice official receipt date (the received date stamped on the invoice by OFM). CSOSA’s written dispute / rejection notification will identify the specific invoice items and amounts being disputed, reason the items or amounts are disputed, a reference to the specific terms of the contract which supports the government’s dispute and a request for an immediate explanation and / or corrected invoice.

In addition, the invoice will be rejected by CSOSA in IPP. The Contractor shall re-submit corrected invoices in IPP, with required attachments, using a new, unique invoice number.

G.3.6.3 Properly disputed invoice amounts are not subject to late payment interest computations during the period of dispute. Per FAR Part 32 the Contracting Officer has the final authority to approve payment of an invoice.

G.3.7 The Contractor should review IPP to determine the current status of a submitted invoice. Contractor inquiries concerning an invoice payment may be made to the CSOSA Office of Financial Management (OFM) thirty (30) calendar days after a proper invoice has been submitted. The contractor may make payment inquires to by calling OFM, Ms. Rolanda White, at 202-220-5464 or emailing OFM at rolanda.white@csosa.gov .

SECTION H - SPECIAL REQUIREMENTS

H.1 Security Requirements.

H.1.1 Security Clearances.

H.1.1.1 The scope of work and data collection requires the Contractor to have on-site access and may require the Contractor to collect information that is Procurement Sensitive and For Official Use Only or Agency Sensitive. Therefore, personnel supporting this contract must have an approved CSOSA clearance, if they do not already have one.

H.1.1.2 The Contractor shall comply with the CSOSA administrative, physical and technical security controls to ensure that the government’s security requirements are met. During the course of these tasks, the Contractor shall not use, disclose or reproduce data that bears a restrictive legend, other than as required in the performance of this contract, and will be required to sign non-disclosure agreements. Additionally, the Contractor shall comply with the CSOSA personnel security requirements listed below.

H.1.2 Personnel Security. The Contractor agrees to adhere to all regulations prescribed by the Government in regards to the safety and security of staff and Clients. All Contractor personnel (employees and approved subcontractors) utilized under this contract shall submit to a CSOSA background check, and if necessary, a background investigation prior to performing. The intent and purpose of the background check/ investigation is to preclude the assignment of any individual who poses a threat to the Government, or successful work completion, due to past mailto:rolanda.white@csosa.gov

10 | P a g e unlawful or inappropriate behavior. Contractor personnel must be U.S. citizens, or be lawfully permitted to reside in the United States and possess a valid work permit. The Contractor shall ensure that an individual does not begin work under this contract until the background checks are conducted and approved by the CSOSA Office of Security.

H.1.3 CSOSA Background Checks.

H.1.3.1 Upon contract award, the Contractor will provide the COR with completed and signed security forms for Contractor and subcontractor personnel. The forms to be completed are:

• CSOSA SEC 0010 Security Form for Temporary Contractors (Attachment J-2)

• CSOSA SEC 0008 Credit Release (Attachment J-3)

• PIV Request Form (to be completed by COR if an access card is needed. If an access card is not needed, this form is not required) (Attachment J-4)

H.1.3.2 The COR will provide the completed security forms to the Contracting Officer who will provide the completed forms to the CSOSA Office of Security to conduct background checks. Once background checks are conducted and approved, the Office of Security will issue security approval to/through the Contracting Officer/COR, who in turn will notify the Contractor. Only at that time may the Contractor notify an individual to begin work under this contract.

H.1.3.3 Once an individual has been granted security approval, they can begin work. The Contractor must allow up to 30 days for the Office of Security to process the CSOSA background checks.

H.1.3.4 Derogatory information, falsification of any forms, or refusal to supply information and/or forms may be considered justification for immediate security denial/removal of the individual. CSOSA has the right to request any additional information necessary to complete the background check. If Contractor personnel fail to provide any of the above information, or cooperate with the CSOSA Office of Security, the individual will be disapproved and removed immediately.

H.1.4 Defense Counterintelligence Security Agency (DCSA) Background Investigation.

Awards with a period of performance of 180 days or more may undergo a background investigation by DCSA in addition to the CSOSA background check. The CSOSA Office of Security will provide the additional security forms required for initiation of the DCSA background investigation. The Contractor will ensure that each individual assigned to this contract provides the following forms to the CSOSA Office of Security:

1. SF-85P, Questionnaire for Public Trust Positions (web-accessible form) - The Office of Security will provide the link for individuals to complete this form electronically.

2. OF 306, Declaration for Federal Employment

3. FD 258, Fingerprint Cards

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H.1.5 If an individual is terminated, resigns, or for any other reason is no longer working on the contract, the Contractor shall ensure that all previously issued CSOSA equipment and material (including CSOSA identification card, if one has been issued) is retrieved from that individual and returned to the COR within one business day of the termination. The Contractor must notify the COR immediately when an individual is no longer working on the contract. The COR must immediately notify the CSOSA Office of Security and Information Technology in writing so all electronic access can be promptly terminated. In addition, the Contractor shall coordinate with the Contracting Officer or COR to identify a replacement if necessary.

Replacements cannot start work until the CSOSA Office of Security provides approval.

H.1.6 Any individual who has been removed from performance under the contract may be required to undergo another CSOSA background check before resuming work.

H.1.7 Both the Contracting Officer and the COR shall ensure that all Contractor and approved subcontractor employees who provide services under this contract have been approved by the CSOSA Office of Security.

H.1.8 Contractor personnel shall wear or display CSOSA issued identification at all times when performing work at a CSOSA facility. Contractor personnel shall not share or loan any CSOSA identification. All individuals assigned to this contract must report the loss or misplacement of agency identification immediately to the CSOSA Office of Security.

H.1.9 By responding to the CSOSA solicitation, Contractor and approved subcontractor personnel agree to provide the requested information and cooperate with the above listed procedures. Any Contractor or approved subcontractor employee who does not obtain a favorable adjudication for the CSOSA background check, or DCSA background investigation, will be unable to perform services under this contract. The final adjudicative determination will be made at the sole discretion of CSOSA.

H.1.10 Security and Privacy - Personally Identifiable Information (PII), Personal Health Information (PHI), or Sensitive Information Storage and Handling.

The Contractor is responsible for meeting information security and privacy requirements, and for the proper handling of Personally Identifiable Information (PII), Personal Health Information (PHI), or Sensitive Information Marked as Controlled Unclassified Information (CUI) as defined by Executive Order 13556 (or similar markings – For Official Use Only (FOUO), Sensitive Security Information (SSI), Sensitive But Unclassified (SBU), or any other forms of non-public information). Such information’s security and privacy requirements include the Federal Information Security Modernization Act of 2014, E-Government Act of 2002, Privacy Act of 1974, and other applicable laws, Executive Orders, directives, policies, standards, instructions, regulations, or procedures, and agency directives, policies, instructions, regulations, or procedures. The Contractor must store, process, or transmit all PII, PHI, or Sensitive Information only within CSOSA-controlled IT resources. Any exceptions must be formally approved in writing by the CSOSA Director, CIO, Chief Privacy Officer, CISO, Records Management Officer, and formally distributed to the Contractor in writing via the authorized CSOSA

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Contracting Officer. If exceptions are granted, specific information security and privacy requirements will be determined and formally provided to the Contractor.

H.1.11 Information Security and Privacy Training

H.1.11.1 Contractor personnel are responsible for completing initial Information Security and Privacy Training in accordance with federal regulations and agency requirements, and completing annual training thereafter.

H.1.11.2 Computer Security Incident and Privacy Breach Notification. The Contractor agrees that in the event of any actual or suspected computer security incident or breach of PII, PHI, or Sensitive Information Marked as CUI as defined by Executive Order 13556 (or similar markings – FOUO, SSI, SBU, or any other forms of Non-Public Information), the Contractor will notify within one hour, the CSOSA CIO, Chief Privacy Officer, CISO, and the COR or Contracting Officer.

H.1.11.3 If requested by the COR, Contractor personnel (to include subcontractor personnel, teaming partner personnel, and independent consultants) who will be personally and substantially involved in the performance of this contract which requires the Contractor to act on behalf of, or provide advice with respect to any phase of an agency procurement, shall execute and submit a “Non-Disclosure Agreement” Form. Furthermore, if requested by the COR, Contractor personnel must submit a Non-Disclosure agreement whenever replacement personnel are proposed. Any information provided by the Contractor (and any subcontractors if applicable) in the performance of this contract or obtained by the Government is only to be used in the performance any work under this contract.

H.2 Availability of Utilities

H.2.1 When available, the Government will furnish reasonable amounts of the following utilities for the work to be performed under this contract at no cost to the Contractor. Information concerning the location of existing outlets may be secured from the COR. The Contractor shall provide and maintain, at its expense, the necessary service lines from existing Government outlets to the site of work.

Government Furnished Utilities Electric and Water

H.2.2 Contractor Furnished Utilities. In the event that the Government is unable to provide the required types of utilities, the Contractor shall, at its expense, arrange for the required utilities.

H.2.3 Contractor Energy Conservation. The Contractor shall be directly responsible for instructing employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions which preclude the waste of utilities, which shall include:

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H.2.3.1 Lights shall be used only in areas where and at the time when work is actually being performed.

H.2.3.2 Mechanical equipment controls for heating, ventilation and air conditioning systems will not be adjusted by the workers.

H.2.3.3 Water faucets or valves shall be turned off after the required usage has been accomplished.

H.2.4 Telephone Lines. Telephone lines for the sole use of the contractor will not be available. Government telephones shall not be used for personal reasons.

H.3 Unforeseen Closures, Work Stoppage and Government Closures. Uncontrollable or unforeseeable circumstances such as, acts of God or the public enemy, acts of the Government in its sovereign or contractual capacity, fire, floods, epidemics, quarantine restrictions, inclement weather or special Federal or ceremonial events, may cause the Government to close. Under such circumstances, the Government will not pay for unworked hours.

H.4 Confidentiality of Reports and Other Data. Neither the Contractor, nor any affiliate, subsidiary, consultant, subcontractor, nor personnel thereof, shall divulge to any third party any information concerning deliverables produced, work performed, results obtained, or any information provided by the Government in connection with this contract and any purchase order issued under the contract without the prior written approval of the Contracting Officer. This clause shall survive the expiration of this contract and its purchase orders.

H.5 Review of Announcements or Publishing. Neither the Contractor, nor any affiliate, subsidiary, consultant, subcontractor, or personnel thereof, shall make public releases of information or any matter pertaining to this contract and any purchase orders issued under the contract, including, but not limited to, advertising in any medium, or presentation before technical, scientific, or industry groups, without the prior written approval of the Contracting Officer. The provisions of this clause shall survive the expiration of this contract and its purchase orders.

H.6 Contractor Personnel Conduct.

H.6.1 Contractor’s employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, and possession of weapons) when visiting or working at Government facilities.

H.6.2 Contractor personnel shall maintain satisfactory standards of employee competency, conduct, appearance, and integrity, as described and shall take such disciplinary action against its employee as may be necessary. All Contractors are expected to adhere to standards of conduct that reflect credit on themselves, their employee, CSOSA, and the Government.

H.6.3 The Contractor shall ensure Contractor employees understand and abide by CSOSA established rules, regulations and policies concerning safety and security.

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H.6.4 Contractor personnel working on-site at Government facilities shall wear a Government issued identification badge. All Contractor personnel shall identify themselves as contractors when their status is not readily apparent.

H.6.5 Contractor personnel performing work on-site at any CSOSA location shall not consume any controlled substances as defined in schedules I through V of section 202 of the Controlled Substances Act, 21, U.S.C. 812. If on medication, the Contractor personnel shall be fully capable of performing the requirements of the statement of work.

H.6.6 The Government may, at its sole discretion, direct the Contractor to remove any Contractor personnel from CSOSA facilities for poor performance, misconduct, or security reasons.

H.7 Notice of Government Delays

In the event the Contractor encounters, or anticipates encountering, difficulty in meeting performance requirements, or in complying with the contract delivery schedule or completion date, or whether the Contractor has knowledge that any actual or potential situation is delaying, or threatens to delay, the timely performance of this contract, the Contractor shall immediately, within one business day, notify the Contracting Officer and the COR, in writing, giving pertinent details; provided, however, that this notification shall be informational only in character, and that this provision shall not be construed as a waiver by CSOSA of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

H.8 Teaming Partners and Subcontractors

The Contractor shall obtain approval from the Contracting Officer before adding teaming partners or subcontractors. All teaming partners and subcontractors must be identified before performing any work under this contract. When submitting the request to add teaming partners or subcontractors, the Contractor shall include the rationale for the addition, and a description of any cost implications. The Contracting Officer has the ultimate authority to approve or reject the proposed teaming partner or subcontractor.

H.9 Insurance

H.9.1 General Requirements. The Contractor, at its sole expense, shall procure and maintain, during the entire period of performance under this contract, the types of insurance specified below and shall immediately notify CSOSA if any insurance policy lapses or changes. Within 7 days of contract award and at the beginning of each subsequent option period, the Contractor shall have its insurance broker or insurance company submit a Certificate of Insurance to the Contracting Officer giving evidence of the required coverage prior to commencing performance under this contract. In no event shall any work be performed until the required Certificates of Insurance signed by an authorized representative of the insurer(s) have been provided to, and accepted by, the CO. All insurance shall be written with financially responsible companies

15 | P a g e authorized to do business in the District of Columbia or in the jurisdiction where the work is to be performed and have an A.M. Best Company rating of A- / VII or higher. The Contractor shall require all of its approved subcontractors to carry the same insurance required herein. All required policies shall contain a waiver of subrogation provision in favor of the Government of the United States and/or CSOSA. The government shall be included in all policies required hereunder to be maintained by the Contractor and its approved subcontractors (except for workers’ compensation and professional liability insurance) as an additional insureds for claims against CSOSA or The United States relating to this contract, with the understanding that any affirmative obligation imposed upon the insured Contractor or its approved subcontractors (including without limitation the liability to pay premiums) shall be the sole obligation of the Contractor or its approved subcontractors, and not the additional insured. All of the Contractor’s and its approved subcontractors’ liability policies (except for workers’ compensation and professional liability insurance) shall indicate that such policies provide primary coverage (without any right of contribution by any other insurance, reinsurance or self-insurance, including any deductible or retention, maintained by an Additional Insured) for all claims against the additional insured arising out of the performance of this contract by the Contractor or its approved subcontractors, or anyone for whom the Contractor or its approved subcontractors may be liable. If the Contractor and/or its approved subcontractors maintain broader coverage and/or higher limits than the minimums shown below, CSOSA requires, and shall be entitled to, the broader coverage and/or the higher limits maintained by the Contractor and its approved subcontractors.

H.9.2 The following insurance coverage and minimum amounts are required to be maintained by the Contractor in the performance of all work included in this contract.

H.9.2.1 Workers’ Compensation. The Contractor shall provide Workers’ Compensation insurance in accordance with the statutory mandates of the District of Columbia, or the jurisdiction in which any work ordered under this contract is performed.

H.9.2.2 Employer’s Liability. $500,000.00.

H.9.2.3 General Liability. $1,000,000.00 per occurrence and $1,000,000.00 aggregate.

H.9.2.4 Employer Practices Liability. $1,000,000.00 per occurrence and $1,000,000.00 aggregate.

H.10 Indemnification

H.10.1 The Contractor agrees for itself, its employees, and subcontractors to save, defend, hold harmless and indemnify the Government and all of its elected and appointed officials, officers, current and former employees, agents, departments, agencies, boards, and commissions (collectively the "Government") from and against any and all claims made by third parties or by the Government for any and all losses, damages, injuries, fines, penalties, costs (including court costs and attorney's fees), charges, liability, demands or exposure, however caused, resulting from, arising out of, or in any way connected with the Contractor's acts or omissions, including

16 | P a g e the acts or omissions of its employees and/or subcontractors, in performance or nonperformance of its work called for by the Contract Documents.

H.10.2 The Contractor shall—

(a) Promptly notify the Contracting Officer of any claim or action against, or any loss by, the Contractor or any subcontractors that may reasonably be expected to involve indemnification under this clause;

(b) Immediately furnish to the Government copies of all pertinent papers of the Contractor that pertain to any indemnification matter;

(c) Furnish evidence or proof of any claim, loss, or damage covered by this clause in the manner and form the Government requires; and

(d) Comply with the Government’s directions and execute any authorizations required in connection with settlement or defense of claims or actions.

H.10.3 The Government may direct, control, or assist in settling or defending any claim or action that may involve indemnification under this clause.

H.10.4 This indemnification shall survive the termination of this Contract.

H.10.5 Hold Harmless and Indemnification Agreement. The Contractor shall be solely liable for, and expressly agrees to indemnify the Government, with respect to any liability-producing acts or omissions by its employees or agents. Specifically, the Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and cost of whatsoever kind and nature, for injury to or death of any person or persons and for loss or damage to any Contractor equipment or property or property owned by a third party occurring in connection with, or in any way incident to or arising out of the occupancy, use, service, operation, or performance of work under the terms of this contract, resulting in whole or in part from the acts or omissions of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor.

H.10.6 Government Liability. The Government shall not be liable for any injury or damages to the Contractor’s or subcontractor’s personnel or damage to the Contractor’s or subcontractor’s equipment or property resulting from the delivery of services required under this contract unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to other Federal statutory authority.

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H.11 Independent Contractor Status

H.11.1 Contractor is an independent contractor, and neither Contractor nor Contractor's employees or contract personnel are, or shall be deemed, Government's employees. In its capacity as an independent contractor, Contractor agrees and represents, and the Government agrees, as follows:

H.11.2 Contractor has the right to control and direct the means, manner, and method in which to perform services required by CSOSA through this Contract.

H.11.2.1 Contractor has the right to hire assistants as subcontractors to provide the services required by this contract provided Contractor notifies the Government in writing of the need to hire subcontractors, and receives the expressed written permission from the Government before hiring any subcontractor under this contract.

H.11.2.2 The services required by this contract shall be performed by Contractor, Contractor's employees, and/or contract personnel and/or subcontractors, and the Government shall not hire, supervise, or pay any assistants or subcontractors to help Contractor.

H.12 Period of Claim

Notwithstanding the claim period stated in FAR 52.212-4(d), Disputes, and pursuant to FAR 33.206, Initiation of a Claim, the Contractor agrees to submit any claim related to this contract within 12 months after accrual of the claim.

H.13 Contractor Responsibility While Delivering Services at Government Facilities During COVID -19 Pandemic

H.13.1 Mask wearing while working at any CSOSA facility is based on the latest Covid-19 Community Level in the District of Columbia. The community level is determined by the CDC considering data on the number of hospital beds being used, hospital admissions, and the total number of new COVID-19 cases in the District of Columbia.

H.13.2 Up-to-date Covid-19 community levels may be found at COVID-19 by County | CDC.

Contractors are required to confirm the community level for the District of Columbia prior to entering any CSOSA facility and shall wear masks when the community level is high.

SECTION I – CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.cdc.gov/coronavirus/2019-ncov/your-health/covid-by-county.html

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(End of Clause)

I.2 The following clauses are incorporated by reference:

FAR

Clause No.

Title Date

52.212-4 Contract Terms and Conditions -- Commercial Items NOV 2021 52.228-5 Insurance – Work on a Government Installation JAN 1997 52.232-40 Providing Accelerated Payments to Small Business Subcontractors NOV 2021 52-242-15 Stop-Work Order AUG 1989

I.3 FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (JAN 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services https://www.acquisition.gov/browsefar https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7

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__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2021) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (SEP 2021) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9…