S02 - 36C10X24Q0338 - OIT Martinsburg Sec System Mx_ZRM.docx

36C10X24Q0338

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

Small Business

HUBZONE SMALL

BUSINESS

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

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 CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

08-07-2024 Justin Cole

(304) 596-8317 08-20-2024

10 AM

EDT

36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

X x

561621 $25 Million

N/A

36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

VAFSC

U.S. Department of Veterans Affairs Financial Services Center

PO BOX 149971

(see Section B.3 invoicing/payment) Austin TX 78714-8917 1-(877)-489-6135

See CONTINUATION Page Department of Veterans Affairs (VA) Office of Information & Technology (OIT)

Capital Region Readiness Center (CRRC) and OIT Shepherdstown Facility Security System Maintenance and Repair Services

RFQ Questions are due by 10A.M. EDT August 13, 2024,to

Zachery.Minns@va.gov and Justin.Cole4@va.gov

Quotes Due: see block 8 above.

Veteran-Owned Small Businesses (VOSBs) only.

See CONTINUATION Page

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

1. Contract Administration: All contract administration matters will be handled by the individuals identified in the Contract Point of Contact List (provided with the final award).

(a.) This contract will use electronic commerce to the maximum extent possible (IAW FAR 4.502(a)). All correspondence regarding contract administration matters between the Government team (Contracting Officer, Contract Specialist and Contracting Officer’s Representative) and the Contractor will be handled via email using the email addresses listed in the Contract Point of Contact List, inclusive of any updates provided by the responsible Contracting Officer. Email will be the primary method for providing copies of contract documents to the Contractor or other parties. This applies to contract modifications, acceptance of supplies/services, invoice items addressed outside of the electronic invoicing system (currently Tungsten), contractor performance assessments addressed outside CPARS, terminations and any other actions covered by the Contract Terms and Conditions or other Clauses.

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

In accordance with FAR 52.212-4 (g) only proper invoices that contain documentation of services performed will be accepted.

4. CHANGES: Any changes to this PWS and associated tasks shall only be authorized and approved through written correspondence from the Contracting Officer (CO). A copy of each change will be kept in the contract folder along with all other products of the project. Costs incurred by the Contractor through the actions of parties other than the CO shall be borne by the Contractor.

5. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

TUNGSTEN (OB10) ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THROUGH AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Please include in all invoices the Contract/Purchase Order Number, or Task/Delivery Order Number.

All invoices need to also be submitted using the same line item format in the contract or order.

Vendor Electronic Invoice Submission Methods:

Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

1. VA’s Electronic Invoice Presentment and Payment System – The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: www.tungsten-network.com/customer-campaigns/veteransaffairs to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is http://www.x12.org.

Vendor e-Invoice Set-up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

· Tungsten e-Invoice setup information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@tungsten-network.com

· VA TUNGSTEN Number: AAA544240062

· FSC e-Invoice contact information: 1-877-353-9791

· FSC e-Invoice email: vafsccshd@va.gov

· FSC Internet: http://www.fsc.va.gov/einvoice.asp

6. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PERFORMANCE WORK STATEMENT (PWS)

DEPARTMENT OF VETERANS AFFAIRS (VA)

OFFICE OF INFORMATION & TECHNOLOGY (OIT)

CAPITAL REGION READINESS CENTER (CRRC) AND

OIT SHEPHERDSTOWN FACILITY

SECURITY SYSTEM MAINTENANCE AND REPAIR SERVICES

1.0 BACKGROUND

The United States Department of Veterans Affairs Office of Information Technology (OIT) has two facilities (See 3.0) with existing electronic security systems—Lenel OnGuard and Pelco video. These systems are managed by the OIT Space and Facility Management (SFM) Service. To maintain these systems and components, a 24x7 maintenance agreement is requested to provide software and hardware support, licensure, software upgrades, parts, etc. (as listed in the scope).

The CRRC system was installed in 2010, the Shepherdstown Facility in 2017, and a second lease in May 2019. The systems have been maintained by an existing contract for 5 years. Previous maintenance calls have consisted of cameras malfunctioning, door contact issues, card readers malfunctioning, and assistance with Lenel and Pelco software/support.

2.0 PERIOD OF PERFORMANCE (POP)

The anticipated contract POP will include a base period of 12-months and four, 12-month options.

All work shall be conducted during Normal Business Hours - 7am to 4:30pm, Monday through Friday unless directed by the CO.

Any work at the Government site shall not take place on Federal holidays or weekends unless directed by the CO or COR.

There are eleven (11) Federal holidays set by law (USC Title 5 Section 6103) that VA follows:

Under current definitions, five (5) are set by date:

If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.

The other six are set by a day of the week and month:

3.0 PLACE OF PERFORMANCE

Tasks under the PWS shall be performed at:

Capital Region Readiness Center (CRRC) 221 Butler Avenue, Bldg 511, Bldg 306A and Dispatch Office Martinsburg, WV 25405

OI&T Shepherdstown Facility 239 Lowe Drive, Suite 100 and 101 Shepherdstown, WV 25443

4.0 SCOPE OF WORK

A. The Contractor shall provide all necessary resources, including supervision, management, equipment, labor, material, installation, supplies, and cleanup, for all deliverable tasks described in this Statement of Work (SOW).

1. Preventative Maintenance on the following items: One inspection per year during normal business hours as agreed by both parties.

a. Server Evaluation and Maintenance

b. Disk Maintenance

c. System Defragmentation

d. Correction of Errors found in Event logs

e. System Database Maintenance

f. Check Backup Plan

g. Database System Checks

h. Review system logs

i. Database Archives

j. Testing, Dating & Changing of batteries, including battery costs

k. System checks for false alarms to validate device functionality.

l. Testing of system functionality

m. Firmware updates to all components

n. Inspection of all electronic locking devices

o. Testing and recalibration of all alarm points

2. On-Site Scheduled Service

a. The Contractor agrees to provide, on a per-call basis, on a mutually agreeable date and during normal business hours, on-site repair, modifications, troubleshooting and/or corrective maintenance.

b. On-site Scheduled Services will cover corrective maintenance of the security system equipment listed in 4.0 Section B, Equipment. This contract will include repair parts, labor, removal of parts, and expenses (i.e., Travel time, mileage, etc), required because of equipment failure or malfunction that does not interrupt or jeopardize daily operation of the CRRC (life safety issues).

c. Time billing shall commence upon sign-in at the VA facility and end upon departure from the property. The contractor will provide service request contact information.

d. Examples of on-site scheduled services: Cameras not functioning properly, door contact issues, card readers malfunctioning, assistance with the Lenel and Pelco software, server issues, decommission of equipment, etc.

3. Emergency Remedial Maintenance Services

a. The Contractor shall provide “on call” availability of emergency service twenty- four (24) hours per day, seven (7) days per week (emergency hours are outside of the previous designated normal hours) with a response time requested (i.e. Off-shift, weekend, or holiday). Two (2) hours response time for phone support and up to eight (8) hours response time for onsite arrival. This is the maximum allowable response time from the VA notification to the contractor’s arrival at either facility, Martinsburg, WV or Shepherdstown, WV.

b. Emergency service will cover corrective maintenance of the security systems listed in 4.0 Section B, Equipment. This contract will include repairs, parts, labor, and expenses (e.g., travel time, mileage, etc.) required due to equipment failure or malfunction that jeopardizes daily operations.

c. The Contractor shall provide a twenty-four (24) hour answering service for the primary point of contact (POC) and back-up personnel in the event of an emergency. The location and telephone number of the primary service office and POC, the location and telephone number of the field office, and the names of the backup personnel involved in this contract shall be provided to the VA Contracting Office Representative (COR).

d. Time billing shall commence upon sign-in at the VA facility and end upon departure from the property.

e. Examples of emergency services: Complete loss of system, life safety issues, partial loss of system prohibited access to doors, etc.

4. Parts

a. All replacement parts installed by the contractor shall be new Manufacturer parts. At no time shall the contractor use reconditioned or refurbished replacement parts without written approval by the VA COR.

b. If required, the Contractor may use components from VA-owned spare parts. VA owned spare parts utilized by the Contractor shall be replaced with new manufacturer’s recommended parts.

c. All parts which are removed and replaced shall be turned over to the VA COR. If some parts need to be returned to the manufacturer for warranty or core charge, this will be handled on a case-by-case basis. No hard drives shall leave the facility. Hard drives must be returned to the VA COR for proper destruction.

5. Software Upgrades - Provide software upgrades as required per new releases from the manufacturer to keep the system operational and up to date. The value-added reseller provides the VA with notice of these upgrades and schedules in advance with the VA so that a VA IT specialist can assist with admin rights to the system for installation.

The Contractor must supply an annual software update support plan per each POP.

Deliverables:

A. Update all Software and Firmware related to the system B. Updated Support Plan

6. Secure Area Maintenance – (CRRC, Room 185)– This area contains a separate, stand-alone Lenel system with IDS and its own PC with software installed. Maintenance for this area includes battery replacement, troubleshooting, repairs, and software upgrades. The area is secure, and a VA escort will be required at all times. Routine maintenance will be scheduled at a mutually agreed-upon time. Emergency calls should be addressed within 2 hours via phone with an on-site response time within 8 hours if not able to be resolved remotely. Not to exceed 40 hours annually.

7. Optional Training—The Contractor shall perform refresher training for up to eight individuals in one setting for a total of eight hours at the CRRC Martinsburg. This training session will review training instructions on basic administration of the access control, Intrusion Detection System (IDS), and Closed-Circuit Television (CCTV) components of the system and any training for updates and/or changes to the system. Training sessions can be customized to desired topics with prior notification.

B. Equipment - The following components comprise the security systems at these facilities. These systems although not physically located together operate and are segmented within the same security platform. Head end gear is housed at the Martinsburg CRRC Data floor with some items also located in the Shepherdstown Facility IT closet. Includes door hardware for each access reader, i.e, door contact, electric strike, American Disability Act (ADA) opener, etc.

1. Shepherdstown Facility – Suites 100 and 101 (36,000 sq ft)

a. 1 Lenel Intelligent System Controller (ISC) panel location

b. 33 readers

c. 18 alarm inputs

d. 9 fixed cameras

e. 6 Pan, Tilt, Zoom (PTZ) cameras

f. Lenel Network Video Recorder (NVR)

g. Pelco/Lenel workstations/server

2. CRRC (66,000 sq ft)

a. 3 Lenel ISC panel locations

b. 78 readers

c. 39 alarm inputs

d. 38 fixed cameras

e. 29 PTZ cameras

f. 3 virtual servers

g. 7 workstations

h. 2 IDS panels

i. Pelco Expert workstations and servers

j. 4 Monitors for CCTV

3. Building 306a (adjacent to CRRC main building) and Dispatch (2,500 sq ft)

a. 3 card readers

b. Pelco monitoring

5.0 CONTRACTOR REQUIREMENTS

1. The Contractor shall, at minimum, provide a Project Manager or authorized designee who shall have complete authority to act for the contractor during the term of the contract and shall be responsible for all contractual matters relating to the daily operations of this project.

2. The Contractor shall provide products that are adaptable with the Americans with Disabilities Act (ADA) and that any equipment is installed at proper ADA levels, where applicable.

3. The Contractor will be responsible for any damages caused by the contractor or their agents.

6.0 CONTRACTOR EXPERIENCE/QUALIFICATIONS

To be considered for this contract, the prospective offeror must provide staff who are knowledgeable and have experience with complex security systems of similar project size. Shall be a Value-Added Reseller (VAR) for Lenel and Pelco. Must possess a thorough knowledge of VA security directives (6500) and National Institutes of Standards and Technology (NIST) Special Publication (800 Series).

The Project Manager and service techs must have hands-on experience and be trained and certified with Lenel and Pelco. For verification of experience, a current resume should be provided, as well as copies of Lenel/Pelco certification and any other related information should be submitted.

7.0 MANAGEMENT AND SUPERVISION

To assure fully adequate and timely completion of all work requests, the contractor shall manage the total work effort associated with the services required herein. The function shall include a full range of management duties, including, but not limited to, planning, scheduling, report preparation, establishing and maintaining records, and quality control. The contractor shall provide an adequate, qualified staff with the necessary management skills and expertise to ensure the performance of the work is in accordance with sound and efficient management practices.

8.0 RECORDS, REPORTS AND ACCEPTANCE OF TASK ORDERS/DELIVERABLES

The Contractor shall maintain records and prepare reports to document the status, progress, and completion of work orders as defined in this Performance Work Statement. A copy of all reports shall be maintained by the contract lead, and a current copy must be provided to the VA COR. Field service reports must be provided at the time of service before departure from the site.

The Contractor shall document any open issues, possible problems, or any other items that could hinder the performance of the project or deliverables. Furthermore, resolutions to known problems or foreseen problems/issues shall be included in all deliverables submitted. Any determined issues that need to be addressed shall be communicated to the Government immediately for possible resolution.

Effectively and efficiently perform the objectives of the Department of Veterans Affairs Office of Information Technology (OIT), and as part of the master list of materials, the Contractor shall ensure the revalidation of the technology and market pricing throughout each material procurement cycle as periodic refreshment of system hardware, software, and required peripherals occur. The Contractor shall present its technology refreshment findings to the COR.

1. Deliverables

9.0 STANDARDS OF CONDUCT

The Contractor shall maintain satisfactory standards of employee competency, conduct, appearance, and integrity and for taking such disciplinary action against their employees as may be necessary. The use of abusive or offensive language, flirting or sexually suggestive language or actions, any form of discrimination or sexual harassment, quarreling, intimidation by words, actions or fighting is strictly prohibited on facility grounds. The Contractor shall not allow any employee, while on duty, to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects. Weapons are prohibited on federal property. The Government reserves the right to direct the contractor to remove an employee from the work location for failure to comply with the Standards of Conduct. The Contractor shall initiate immediate action to replace such an employee to maintain continuity of services at no additional cost to the Government.

The Contractor shall not employ or subcontract with any person on this order if such person is identified to the Contractor by the COR as a potential threat to the health, safety, security, or general well-being of other personnel or the operational mission.

10.0 SAFETY

The contractor and their agents must comply with Occupational Safety and Health Association (OSHA) and National Fire Protection Association (NFPA) regulations, where applicable. The contractor shall provide all required Personal Protective Equipment (PPE). The contractor will provide necessary safety equipment and abide by OSHA regulations. Immediately report any safety concerns or incidents to the COR.

Smoking is prohibited inside/outside any building and within the perimeter of the VA Medical Center fence line.

The Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

The Contractor shall obtain all necessary licenses and/or permits required to perform the work, except for software licenses that need to be procured from a Contractor or vendor in accordance with the requirements document.

11.0 PHYSICAL SECURITY

The Contractor and their personnel shall follow all VA policies, standard operating procedures, applicable laws, and regulations while on VA property. Violations of VA regulations and guidelines may result in citation and disciplinary measures for persons violating the law.

1. Personnel must provide a valid state photo ID each day before entry to the facility. Visitor badges (where applicable) must always be displayed above the waist on the outermost garment.

2. While on-site at the CRRC Martinsburg and the Shepherdstown facility, Contactor employees, consultants, and subcontractors shall wear an identification badge on their outer clothing between their neck and waist unless the COR has approved otherwise for safety restrictions.

3. Visitor’s badges will be provided by the on-site upon clearance from the security guards.

4. Possession of weapons is prohibited.

12.0 SECURITY AND PRIVACY

Any information subject to the Privacy Act will be used in complete accordance with all rules of conduct as applicable to Privacy Act Information. For further security requirements, please refer to the attachment labeled VA Handbook 6500.6, appendix B and C.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Preventative Maintenance

FFP

Contract Period: Base POP Begin: 09-30-2024 POP End: 09-29-2025 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: DJ01 - IT and Telecom - Security And Compliance Support Services (Labor)

On-Site Scheduled Services T&M Contract Period: Base POP Begin: 09-30-2024 POP End: 09-29-2025

Emergency Services

Contract Period: Base POP Begin: 09-30-2024 POP End: 09-29-2025

Parts and Materials

Contract Period: Base POP Begin: 09-30-2024 POP End: 09-29-2025

Training

Contract Period: Base POP Begin: 09-30-2024 POP End: 09-29-2025

Software upgrades

Contract Period: Base POP Begin: 09-30-2024 POP End: 09-29-2025

Secure Area Maintenance

Contract Period: Base POP Begin: 09-30-2024 POP End: 09-29-2025

Preventative Maintenance

Contract Period: Option 1 POP Begin: 09-30-2025 POP End: 09-29-2026

On-Site Scheduled Services

Contract Period: Option 1 POP Begin: 09-30-2025 POP End: 09-29-2026

Emergency Services

Contract Period: Option 1 POP Begin: 09-30-2025 POP End: 09-29-2026

Parts and Materials

Contract Period: Option 1 POP Begin: 09-30-2025 POP End: 09-29-2026

Training

Contract Period: Option 1 POP Begin: 09-30-2025 POP End: 09-29-2026

Software upgrades

Contract Period: Option 1 POP Begin: 09-30-2025 POP End: 09-29-2026

Secure Area Maintenance

Contract Period: Option 1 POP Begin: 09-30-2025 POP End: 09-29-2026

Preventative Maintenance

Contract Period: Option 2 POP Begin: 09-30-2026 POP End: 09-29-2027

On-Site Scheduled Services

Contract Period: Option 2 POP Begin: 09-30-2026 POP End: 09-29-2027

Emergency Services

Contract Period: Option 2 POP Begin: 09-30-2026 POP End: 09-29-2027

Parts and Materials

Contract Period: Option 2 POP Begin: 09-30-2026 POP End: 09-29-2027

Training

Contract Period: Option 2 POP Begin: 09-30-2026 POP End: 09-29-2027

Software upgrades

Contract Period: Option 2 POP Begin: 09-30-2026 POP End: 09-29-2027

Secure Area Maintenance

Contract Period: Option 2 POP Begin: 09-30-2026 POP End: 09-29-2027

Preventative Maintenance

Contract Period: Option 3 POP Begin: 09-30-2027 POP End: 09-29-2028

On-Site Scheduled Services

Contract Period: Option 3 POP Begin: 09-30-2027 POP End: 09-29-2028

Emergency Services

Contract Period: Option 3 POP Begin: 09-30-2027 POP End: 09-29-2028

Parts and Materials

Contract Period: Option 3 POP Begin: 09-30-2027 POP End: 09-29-2028

Training

Contract Period: Option 3 POP Begin: 09-30-2027 POP End: 09-29-2028

Software upgrades

Contract Period: Option 3 POP Begin: 09-30-2027 POP End: 09-29-2028

Secure Area Maintenance

Contract Period: Option 3 POP Begin: 09-30-2027 POP End: 09-29-2028

Preventative Maintenance

Contract Period: Option 4 POP Begin: 09-30-2028 POP End: 09-29-2029

On-Site Scheduled Services

Contract Period: Option 4 POP Begin: 09-30-2028 POP End: 09-29-2029

Emergency Services

Contract Period: Option 4 POP Begin: 09-30-2028 POP End: 09-29-2029

Parts and Materials

Contract Period: Option 4 POP Begin: 09-30-2028 POP End: 09-29-2029

Training

Contract Period: Option 3 POP Begin: 09-30-2028 POP End: 09-29-2029

Software upgrades

Contract Period: Option 4 POP Begin: 09-30-2028 POP End: 09-29-2029

Secure Area Maintenance

Contract Period: Option 4 POP Begin: 09-30-2028 POP End: 09-29-2029

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) ALTERNATE I (NOV 2021)

(a) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.] (5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to—

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions.

(1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause—

(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are—

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) Materials means—

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(E) Indirect costs specifically provided for in this clause.

(iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payments.

(1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the—

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor—

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall—

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause:

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price:

(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment—

(A) The original timecards (paper-based or electronic);

(B) The Contractor's timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost—

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if…