Solicitation 5.5.2023.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

CODE 16. ADMINISTERED BYCODE

X

X

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/05/2023

Dawn Baran (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

06/08/2023 3:00PM EST

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION 5. SOLICITATION NUMBER

WX01391Y2023T

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

43OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

17a. CONTRACTOR/

15. DELIVER TO

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

THE CONTRACTOR SHALL PERFORM OVERHEAD DOOR

MAINTENANCE AND REPAIR SERVICES FOR THE MWEOC

AS IDENTIFIED IN THE PERFORMANCE WORK

STATEMENT, LOCATED AT THE ADDRESS

IN BLOCK 15 ABOVE. ALL WORK SHALL BE PERFORMED

IN ACCORDANCE WITH THE ATTACHED TERMS AND

CONDITIONS, AS WELL AS THE PWS. THE PERIOD OF

PERORMANCE IS A BASE YEAR WITH FOUR ONE-YEAR

OPTION PERIODS. IF EXERCISED, OPTION YEARS ONE,

TWO, THREE AND FOUR MAY EXTEND THE PERIOD OF

PERFORMANCE THROUGH CALENDAR YEAR 2028.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

DAWN BARAN

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

FEDERAL EMERGENCY MANAGEMENT AGENCY

MT. WEATHER EMERGENCY OPERATIONS CENTER ATTN:

DAWN BARAN, 540-556-5638, Bldg. 437

19844 BLUE RIDGE MOUNTAIN ROAD

MT. WEATHER, VA 20135-2006

FEDERAL EMERGENCY MANAGEMENT AGENCY

MT. WEATHER EMERGENCY OPERATIONS CENTER

19844 BLUE RIDGE MOUNTAIN ROAD

MT. WEATHER, VA 20135-2006

DHS-FEMA

ATTN: BUDGET FISCAL

PO BOX 129

MT. WEATHER, VA 22611

EMAIL: FEMA-AR@FEMA.DHS.GOV

PHONE: 540-542-3478

ALL PROSPECTIVE VENDORS

TELEPHONE NO.

TBD TBD

100%X

236220

SEE BLOCK #9

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

B.1 PRICE SCHEDULE

PAGE OF

(A) (B) (C) (D) (E) (F)

REFERENCE NO. OF DOCUMENT BEING CONTINUED

MW OVERHEAD DOOR MAINTENANCE AND REPAIR SERVICES

NSN 7540-01-152-

PRICE SCHEDULE

Base Year—Preventative Maintenance

Base Year—Service Call Work

Base Year—Parts and Materials

Opt. Year 1—Preventative Maintenance

Opt. Year 1—Service Call Work

Opt. Year 1—Parts and Materials

Opt. Year 2—Preventative Maintenance

Opt. Year 2—Service Call Work

Opt. Year 2—Parts and Materials

Opt. Year 3—Preventative Maintenance

Opt. Year 3—Service Call Work

Opt. Year 3—Parts and Materials

Opt. Year 4—Preventative Maintenance

Opt. Year 3—Service Call Work

Opt. Year 4—Parts and Materials

Base Year: 6/15/2023-6/14/2024

Opt. Year 1: 6/15/2024-6/14/2025

Opt. Year 2: 6/15/2025-6/14/2026

Opt. Year 3: 6/15/2026-6/14/2027

Opt. Year 4: 6/15/2027-6/14/2028

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Mo. $ $

Ea $ $

Ea $ $

Mo.$ $

Ea $ $

Ea $ $

Mo.$ $

Ea $ $

Ea $ $

Mo.$ $

Ea $ $

Ea $ $

Mo.$ $

Ea $ $

Ea $ $

All Preventative Maintenance shall be proposed as monthly (mo.) and Service Call Work and Parts and Materials shall be proposed as each (ea.) in terms of quantity within the performance year.

SECTION B-- SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 REQUIREMENT

Vendors shall submit a quote to the Request for Quote (RFQ) for the MW Overhead Door Maintenance requirement.

B.2 PRICE SCHEDULE

See Page 1 of the SF1449 for the Schedule of CLINS and Pricing.

Firm Fixed Price Contract Line Item Numbers (CLINs) will be paid in equal monthly payments based on approved invoices submitted by the vendor and approved by the Contracting Officer’s Representative (COR).

SECTION C - DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

C.1 PERFORMANCE WORK STATEMENT

The Statement of Work (SOW) is contained in Attachment A.

SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section]

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984

E.2 CONTRACTOR RESPONSIBILITY

The Contractor shall provide for all day-to-day supervision, inspection and monitoring of all work performed to ensure complete compliance with the task order requirements. The results of inspections conducted shall be documented in an inspection report for submission to the government. The Contractor shall follow through to assure that all Government and Contractor identified defects or omissions of contract requirements are corrected. The Contractor’s performance shall be monitored in accordance with the Statement of Work (SOW).

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.242-1 STOP-WORK ORDER AUG 1989

F.2 EFFECTIVE PERIOD OF CONTRACT

The effective period of this contract is as follows, should all options be exercised:

Period From To

5 Yr. Period Date of Award 60 Months after Award

F.3 PLACE OF PERFORMANCE

The work required under this contract shall take place at the following address:

Federal Emergency Management Agency Mt. Weather Emergency Operations Center 19844 Blue Ridge Mountain Rd.

Mt. Weather, VA 20135

F.4 REPORTS OF WORK

INSPECTION AND SERVICE CALL REPORTS

The Contractor shall submit inspection and/or service call reports of all work accomplished during performance in accordance with the PWS. Copies of the reports specified above shall be submitted electronically to the COR.

Preventative Reports shall include:

a. Date of scheduled maintenance

b. Date and time of arrival

c. Hours performing maintenance

d. Listing of parts replaced or repaired

Service Call Reports shall include:

a. Date and time the Contractor was notified by the Government.

b. Date and time of arrival by Contractor personnel at the facility.

c. Time spent by the Contractor for performance of remedial maintenance.

d. Description of remedial maintenance performed.

e. List of parts repaired or replaced, if applicable.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer:

Name: Dawn Baran

Technical Point of Contact hereby delegated authority to accept goods and services and review and approve invoices for this contract:

Name: TBD

Alternate Technical Point of Contact hereby delegated authority to accept goods and services and review and approve invoices for this contract:

Name: TBD

G.2 INVOICES

An invoice is a written request for payment under this contract for services rendered. Payment of invoices submitted under the contract shall be made in accordance with the terms and conditions of the Prompt Payment clause and in accordance with the provisions of other clauses in the contract. Failure or refusal to provide the following information on all invoices submitted under this contract may result in the invoice being considered improper for payment in accordance with the Prompt Payment clause. In order to be proper, an invoice must include, as applicable, the following:

a. GENERAL INFORMATION

1. Name and address of Contractor;

2. Contract Number and applicable Task Order Number and Invoice date;

3. Description of supplies or services, quantity, task order unit of measure and unit price, and extended total;

4. Shipment and payment terms;

5. Name, title, phone number and complete mailing address of responsible Official who can be contacted in the event of an improper invoice, if there are questions, or additional information is needed by the agency to process payment.

6. Any other information or documentation required by other provisions of the task order (such as evidence of shipment).

7. Invoices shall be submitted via email as follows (with the COR cc’ed):

Original-Payment Office Federal Emergency Management Agency Mt. Weather Emergency Operations Center ATTN: Budget Fiscal PO Box 129 Mt. Weather, VA 22611

FEMA-AR@FEMA.DHS.GOV

b. ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION

1. As mandated by the Debt Collection Improvement Act (DCIA) of 1996 and in accordance with FAR Clause 52.232-34-Payment By Electronic Funds Transfer--Other Than Central Contractor Registration (MAY 1999) of this contract, the contractor must submit the following written EFT information to the office designated in clause 52.232-35 of this award document by the date specified in clause 52.232-34:

(a) The contract number (or other procurement identification number).

(b) The contractor's name and remittance address, as stated in the contract(s).

(c) The signature (manual or electronic, as appropriate), title, and telephone number of the contractor official authorized to provide this information.

(d) The name, address, and 9-digit Routing Transit Number (RTN) of the contractor's financial agent.

(e) The contractor's account number and the type of account (checking, savings or lockbox).

(f) If applicable, the Fed-wire Transfer System (FTS) telegraphic abbreviation of the contractor's financial agent.

(g) If applicable, the contractor shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number (RTN) of the correspondent financial institution receiving the wire transfer payment if the contractor's financial agent is not directly on-line to the FTS; and, therefore, not the receiver of the wire transfer payment.

2. The contractor should include the EFT information set forth below on all invoices submitted for payment under this contract. Failure to provide the information or failure to notify this agency of changes to this information may result in delays in payments and/or rejection of the invoice in accordance with the Prompt Payment clause of this contract. The following EFT information should be submitted on each invoice:

(a) Routing Transit Number (RTN) – The contractor shall provide the current 9-digit RTN of the payee's bank

(b) Payee's account number

(c) Contractor's Tax Identification Number (TIN)

(The EFT information submitted must be that of the contractor unless there is an official Assignment of Claims on file with the payment office.)

If at any time during the term of this contract, the contractor changes any EFT information, (i.e. financial agent, RTN, account number, etc.) the new EFT information must replace the old EFT information on subsequent invoices submitted under this mailto:FEMA-AR@FEMA.DHS.GOV contract.

To avoid delays in processing invoices, the contractor must also submit written notification of EFT information changes to the office designated in this award document as soon as the new information is known to the contractor. This notification must be in writing and signed by the individual authorized by the contractor to make such changes SECTION H - SPECIAL CONTRACT

REQUIREMENTS

H.1 OPTION PERIODS

(a) The Government has the option to extend the effective period of this contract for four additional periods, if the options are exercised.

Clause F.1 entitled EFFECTIVE PERIOD OF CONTRACT, will be modified as follows:

Period From _ To

Option Period 1 12 Months After Award 24 Months After Award Option Period 2 24 Months After Award 36 Months After Award Option Period 3 36 Months After Award 48 Months After Award Option Period 4 48 Months After Award 60 Months After Award

H.2 CONTRACTOR UTILIZATION OF GOVERNMENT FACILITIES

A. A portion of the effort required to be accomplished under this contract must be performed at a Government owned facility. The Contractor, therefore, will be granted ingress and egress at the specific facility where effort is to be performed.

B. While Contractor personnel are at the Government facility, they are required to comply with all rules and regulations of the facility, specific mention being made of complying with rules and regulations governing conduct with respect to health and safety not only as they relate to themselves, but also to other personnel who are Government employees or agents of the Government and to property at the site, regardless of whether or not title to such property vests with the Government. Contractor personnel whose duties require their presence at a Government facility shall be clearly identifiable by the wearing of a distinctive badge obtained by the Contractor from the Government. Prescribed identification for all Contractor personnel shall immediately be delivered to the installation security office for cancellation or disposition upon termination of employment with the Contractor or expiration or termination of contract(s) authorizing such identification.

H.3 MAINTENANCE OF ACCESS

The Contractor shall not block passage through sidewalks, roads, alleys, or other entranceways to the buildings during performance of work under this contract. In addition, the Contractor shall, at all times, maintain safe and clear passage through interior corridors and doorways to allow proper exiting.

H.4 INSURANCE WORK ON GOVERNMENT INSTALLATION

A. The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract at least the kinds and minimum amounts of insurance required in paragraph D. below.

B. Five days after contract award, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

C. The Contractor shall insert the substance of this clause, including this paragraph C, in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain a copy of all subcontractor’s proofs is of required insurance and shall make copies available to the Contracting Officer upon request.

D. The following coverage is the minimum insurance required for work under this contract: (1) Workers’ Compensation and Employer’s Liability. Contractors are required to comply with applicable Federal and State Workers’ Compensation and Occupational Disease statutes. If occupation disease is not compensable under those statutes, it shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a Contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (2) General Liability.

(a) Requires bodily injury liability insurance coverage written on the comprehensive form of the policy of at least $500,000 per occurrence. (b) Requires property damage liability insurance coverage written on the comprehensive form of the policy of at least $500,000 per occurrence. (3) Automobile Liability. Requires automobile liability insurance written in the comprehensive form of the policy. The policy shall provide for bodily injury and property damage liability covering the operations of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United Sates shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H.5 SERVICE CONTRACT ACT WAGE DETERMINATION

A. This contract is subject to the Service Contract Act Wage Determination. The wage determinations applicable to the specified locality and classes of employees in effect for the base contract period are set forth in Attachment B.

The Contractor agrees to pay employees in accordance with these wage determinations and any modifications which occur during the course of the contract.

B. Any wage determination not listed herein will be negotiated between the Government and the Contractor after award is made. The negotiations will be in accordance with 29 CFR, Part 4, Section 4.5c (ii).

C. The contract unit price labor rates will be adjusted to reflect increases or decreases by the Contractor in wages and fringe benefits to the extent that these increases or decreases are made to comply with an increased or decreased wage determination applied to this contract by operations of laws.

1. Any such adjustment will be limited to increases or decreases in wages and fringe benefits and to the accompanying increases or decreases in social security, unemployment taxes and workers’ compensation insurance; it shall not otherwise include any increased amount for general and administrative costs, overhead, or profit.

2. The Contractor shall notify the contracting Officer of any increase claimed under this clause within 30 days after the effective date of the wage change. The Contractor shall promptly notify the Contracting Officer of any decrease under this clause.

3. Upon agreement of the parties, the contract unit price labor rates shall be modified in writing. The Contractor shall continue performance pending agreement on or determination of any such adjustment and its effective date.

H.6 NON-PERSONAL SERVICES

This is a non-personal service contract. A non-personal service contract is defined a contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

The Contractors shall comply with FAR Part 37, particularly those portions concerning the prohibition against personal services. In ensuring that the administration of this contract does not include personal services, the Contractor shall notify the Contracting Officer of the facts surrounding any situation which reasonably could be interpreted as a personal service in violation of Part 37, or a violation of Subpart 7.5 on Inherently Governmental Functions.

H.7 BONDS – WORK ON A GOVERNMENT INSTALLATION

A. The Contractor shall, at its own expense, provide and maintain a fidelity bond with a value of $2,500 per employee/occurrence during the entire performance period of this contract.

B. Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required fidelity bond has been obtained.

H.8 IDENTIFICATION OF EMPLOYEES AND ACCESS TO THE FEMA MT. WEATHER EMERGENCY

OPERATIONS CENTER

a. The FEMA Mt. Weather Emergency Operations Center (MWEOC) is a controlled access installation and is not open to the general public. The FEMA MWEOC includes two major operating areas designated as Area A and Area B. Area B is a controlled area which requires a security clearance and a need-to-know for access. Contractor personnel associated with this project may be granted access only to Area A and will not be permitted to enter Area B.

b. Entry to the facility is controlled by a badge system. A badge will be issued to each employee of the Contractor and/or subcontractor on each day the employee needs to enter the facility. The employee must possess a verification of identity before a badge can be issued. Verification of identity must contain the employee's name, social security number and a photograph (i.e., Operator's License Company ID, etc.). Persons inside the facility must display badges prominently at all times.

c. Employees to perform work in Area A must receive a favorable police records check. The Government will have the records check performed upon receipt of the attached form containing information concerning those individual employees. Employees who do not receive a favorable police records check will be refused access to the FEMA MWEOC facility. The FEMA MWEOC Security Office will notify the Contractor of the results of the police records checks within the time frame indicated below.

d. The contractor personnel shall meet the following requirements for access to the FEMA MWEOC facility:

(1) The Contractor shall submit, on forms to be provided by the Government, information concerning all employees who must have access to the FEMA. The information shall be provided at least 48 hours prior to the need to enter the facility. The forms must be PRINTED LEGIBLY and witnessed by approving official of the Prime Contractor's office.

(2) Be a U.S. citizen. Naturalized citizens must provide proof of citizenship. This may be accomplished by presenting the original naturalization document when the employee initially arrives for entry to the facility.

e. All badges will be property of the Government and will be returned to the Security Police Force (Main Gate) when the employee departs the facility for that business day. Lost or stolen badges will be promptly reported to the Site Security Office. The Contractor shall immediately notify the Project Officer upon the release of an employee.

f. The Senior Resident Manager, Mt. Weather Management Division, FEMA, may, for good cause shown, notify the Contractor that an individual employed by the Contractor will no longer be permitted to enter the MWEOC. If this action is taken by the Senior Resident Manager, the Contractor will be notified in writing by the Contracting Officer.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER

52.203-15

TITLE

WHISTLEBLOWER PROTECTIONS UNDER THE

AMERICAN RECOVERY AND REINVESTMENT ACT

DATE

OF 2009 JUN 2010

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-9 PERSONAL IDENTITY VERIFICATION OF JAN 2011

CONTRACTOR PERSONNEL

52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT NOV 2021

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT

NOV 2021

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR

SERVICES-REPRESENTATION OCT 2020

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS –

COMMERCIAL ITEMS DEC 2022

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2020

52.219-14 LIMITATIONS ON SUBCONTRACTING OCT 2022

52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS MAY 2014

52.222-26 EQUAL OPPORTUNITY SEP 2016

52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUN 2020

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH JUN 2020

DISABILITIES

52.222-37 EMPLOYMENT REPORTS ON VETERANS JUN 2020

52.222-41 SERVICE CONTRACT LABOR STANDARDS AUG 2018

52.222-50 COMBATING TRAFFICKING IN PERSONS NOV 2021

52.223-18 ENCOURAGING CONTRACTOR POLICIES JUN 2020

TO BAN TEXT MESSAGING WHILE DRIVING

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN FEB 2021

PURCHASES

52.232-1 PAYMENTS APR 1984

52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB 2002

52.232-11 EXTRAS APR 1984

52.232-23 ASSIGNMENT OF CLAIMS MAY 2014

52.232-25 PROMPT PAYMENT JAN 2017

52.233-1 DISPUTES MAY 2014

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF OCT 2004

CONTRACT CLAIM

52.236-13 ACCIDENT PREVENTION NOV 1991

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, APR 1984

EQUIPMENT, AND VEGETATION

52.237-11 ACCEPTING AND DISPENSING OF $1 COIN SEP 2008

52.243-1 CHANGES--FIXED PRICE AUG 1987

ALTERNATE I (APR 1984)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS DEC 2022

52.245-1 GOVERNMENT PROPERTY SEP 2021

ALTERNATE I

52.245-9 USE AND CHARGES APR 2012

52.249-1 TERMINATION FOR CONVENIENCE OF THE APR 1984

GOVERNMENT (FIXED-PRICE) (SHORT FORM)

52.253-1 COMPUTER GENERATED FORMS JAN 1991

3052.228-70 INSURANCE DEC 2003

I.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract.

These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

I.4 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

(a) Definitions. As used in this clause

Gender identity has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

"Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.

Sexual orientation has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

(b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract.

(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract.

I.5 52.246-4 INSPECTION OF SERVICES—FIXED PRICE (AUG 1996)

(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

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

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

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

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may --

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

I.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far http://www.acquisition.gov/far

I.7 HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES

(JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting 'more than 50 percent' for 'at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)--

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held--

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4- year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) Warrants; (ii) Options; (iii) Contracts to acquire stock; (iv) Convertible debt instruments; (v) Others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

[]it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of

(HSAR) 48 CFR 3009.104-70 through 3009.104-73; []it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or []it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

I.8 HSAR 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative

(COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.

I.9 HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF

COMMERICAL ITEMS (SEP 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions.

3052.209-72 Organizational Conflicts of Interest.

3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.

(b) Clauses.

3052.203-70 Instructions for Contractor Disclosure of Violations.

3052.204-70 Security Requirements for Unclassified Information Technology Resources.

X 3052.204-71 Contractor Employee Access.

Alternate I X 3052.205-70 Advertisement, Publicizing Awards, and Releases.

3052.209-73 Limitation on Future Contracting.

3052.215-70 Key Personnel or Facilities.

3052.216-71 Determination of Award Fee. 15

3052.216-72 Performance Evaluation Plan.

3052.216-73 Distribution of Award Fee.

3052.217-91 Performance. (USCG)

3052.217-92 Inspection and Manner of Doing Work. (USCG)

3052.217-93 Subcontracts. (USCG)

3052.217-94 Lay Days. (USCG)

3052.217-95 Liability and Insurance. (USCG)

3052.217-96 Title. (USCG)

3052.217-97 Discharge of Liens. (USCG)

3052.217-98 Delays. (USCG)

3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG)

3052.217-100 Guarantee. (USCG)

3052.219-70 Small Business Subcontracting Plan Reporting.

3052.219-71 DHS Mentor Protégé Program.

X 3052.228-70 Insurance.

3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG)

3052.228-91 Loss of or Damage to Leased Aircraft. (USCG)

3052.228-92 Fair Market Value of Aircraft. (USCG)

3052.228-93 Risk and Indemnities. (USCG)

3052.236-70 Special Provisions for Work at Operating Airports.

X 3052.242-72 Contracting Officer’s Technical Representative.

3052.247-70 F.o.B. Origin Information.

Alternate I

Alternate II

3052.247-71 F.o.B. Origin Only.

3052.247-72 F.o.B. Destination Only.

(End of clause)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

Document Title A) Statement of Work B) Labor Rates for Loudoun County C) Mt. Weather Access Form

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $45 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

□ (i) Paragraph (d) applies.

□ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless.

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at

52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that (vi)

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137583 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137684 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1149919 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146404 https://www.acquisition.gov/sites/default/files/current/far/html/52_214.html#wp1129381 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135900

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations Representation.

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance, Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals–Representation.

This provision applies to solicitation that include the clause at 52.204-7.

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American Free Trade Agreements. Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, use its Alternate I

(C) If the acquisition value is $50,000 or more but is less than $77,533, use its Alternate II

(D) If the acquisition value is $77,533 or more but is less than $100,000, use Alternate III

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at

52.225-5.

https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147704 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148142 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168785 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168826 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1197892 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169013 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169071 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169038 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169193 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169151 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169151

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

_X_ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment- Certification.

(v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Certification.

X (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–

Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A)…