Solicitation 70US0921R70090078.pdf

PDF 4 MB Posted Sep 20, 2021

Attached to: Installation of Fallen Agent Memorial at the JJRTC
Solicitation number: 70US0921R70090078
Issued by: Department of Homeland Security US Secret Service

View the file

On GovTribe

Work with this file

Download the original file
Contacts named in this file
Similar government files
Ask GovTribe AI about this file

Try for free Login

Text version

The file's text, extracted by GovTribe without its formatting.

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

PRO-PROCUREMENT DIV

BLDG T-5

245 MURRAY LANE, SW

COMMUNICATIONS CENTER (PRO)

PRO-PROCUREMENT DIV

RTC-ROWLEY TNG CNT CODE 16. ADMINISTERED BYCODE

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORPRO-PROCUREMENT DIV

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/20/2021

KRISTOPHER BANKHEAD

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

09/24/2021 1200 ET

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70US0921R70090078

5. SOLICITATION NUMBER

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

1 43 523226OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

WASHINGTON DC 20223

TELEPHONE NO.

17a. CONTRACTOR/

LAUREL MD 20708

ROUTE 2

ROWLEY TRAINING CENTER

9200 POWDER MILL ROAD

9200 POWDER MILL RD RTE2 LAURL20708

15. DELIVER TO

WASHINGTON DC 20223

BLDG T-5

245 MURRAY LANE SW

COMMUNICATIONS CENTER (PRO)

9. ISSUED BY

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 SCHEDULEX

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)

PRO-PROCUREMENT DIV

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 purpose of this request for proposal is to establish a purchaser order for service.

The selected offeror will be an engage qualified design/build entity capable of engaging the necessary resources to design, prefabricate and oversee the assembly of the artwork described herein.

***All work must be completed within 90 days***

Period of Performance: TBD (Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Theresa Williams

. 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

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)

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.

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.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 Design of Fallen Agent Memorial at the JJRTC 1 US

USSS BETC: DISB

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

43 2 of

PART I - Instruction to Offerors

All request for proposals must be submitted via email to kristopher.bankhead@usss.dhs.gov. In the event submissions are not received due to a technical issue and you’re are excluded from the competitive range, we will investigate to determine the time of transmission to the Government from your device. All

Request for Quotes are due NO LATER THAN NOON (EST) on September 24 , 2021.

Evaluation Criteria:

This is a best-value/trade-off evaluation conducted in accordance with the FAR 8.4. In order to be eligible for award, the offeror must be deemed responsible in accordance with FAR 9.1, meet all requirements of the solicitation, and conform to all required terms and conditions.

Offerors shall strictly adhere to the page limits and a Time New Roman 10-point font, single sided page. Pages shall be standard letter sized paper (8 ½ x 11).

Order of Importance: In making its award determination, the Government will consider the evaluation factors listed in the following descending order of importance.

• Technical Capability

• Experience

• Management Approach

• Price

Evaluation Factors

Factor 1: Technical Capability - Offerors are required to submit a comprehensive and complete technical quotation that demonstrates their ability to perform the work described in the Statement of Work (SOW). The technical quotation shall not exceed 5 pages, Time New

Roman 10-font, single sided pages (excluded cover page and table of content).

Factor 2:Experience - The Offerors shall provide pictures or 2D renderings of as many similar installations the Offeror performed in the past either as a prime contractor, sub- contractor or part of a teaming arrangement, that demonstrate the Offeror’s experience designing, and, in the case of Design/Build, installing memorial monuments and/or urban artwork. All pictures submitted shall conform to the submittal requirements except that they will not count towards to maximum number of pages. Offerors shall include brief description(s) of the material presented in each picture highlighting, as applicable, the purpose of each installation and how it serves such purpose.

Factor 3: Management Approach - The Offeror shall describe how they propose to successfully manage the requirements of this Contract. Offerors are expected to describe how they will provide, organize and manage the necessary labor and material supply resources to design and, in case of Design/Build) install the monument at the JJRTC.In their proposal, Offerors are expected to describe their staffing strategy for the execution team and any additional resources as needed; their approach to managing schedule, budget, workmanship and quality of work and ensuring customer satisfaction.

Factor 4: Price This factor will be evaluated for price reasonableness. The Government will review the vendor rates to ensure the proposed rates are fair reasonable. Offerors are encouraged to offer discounts in their quotation. The cost quotation should also include the following:

I) Name, title, telephone number, fax number, and email address of the point of contact.

2) Nine-digit DUNS. The DUNS is used to verify that the vendor is registered in the System mailto:kristopher.bankhead@usss.dhs.gov for Award Management (SAM). By submitting a proposal, the Vendor acknowledges the

Government requirement to be in the SAM database prior to award of any contract.

Information about SAM may be found at www.sam.gov.

3) Nine-digit TIN. The Taxpayer Identification Number is necessary for electronic payment.

4) FAR 52.212-3, Vendor Representations and Certifications Commercial items. If the

Vendor has completed the annual representations and certifications electronically through

SAM at www.sam.gov, then the Vendor shall provide a statement indicating this has been completed. Upon receipt of this statement, the Government will verify that the annual representations and certifications have been completed in System Award Management

(SAM).

Evaluation Methodology

Factors will be evaluated and will received one overall rating using the Confidence Ratings in the table below:

High Confidence The Government has high confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with little or no Government intervention.

Some Confidence The Government has some confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with some Government intervention.

Low Confidence The Government has low confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract even with Government intervention.

PART 1I - Statement of Work (SOW)

1. GENERAL INFORMATION

A. Title of Project:

Installation of Fallen Agent Memorial at the JJRTC – Design Phase

B. Background

The United States Secret Service (USSS) is part of the Department of Homeland Security (DHS).

Under the DHS, the James J. Rowley Training Center (JJRTC) provides training for the USSS and other Federal, State and local law enforcement agencies. In its efforts to enhance the campus aesthetics, The JJRTC Facilities section is tasked with adding the subject fallen agent monument to the landscape as a permanent feature commemorating Fallen Agents of the United States Secret

Service since its inception and into the future.

C. Scope / Purpose & Objective

The purpose of this acquisition is to engage a qualified design/build entity capable of engaging the necessary resources to design, prefabricate and oversee the assembly of the artwork described herein.

D. Security Requirements

1. The contractor and his/her employees and sub-contractors shall be citizens of the United States.

2. The US Secret Service Contracting Officer Representative (COR) or their US Secret Service designee is responsible for determining the contract employee’s position description level as being either Non-Sensitive, Low Risk, Moderate Risk, or High Risk. The COR or their designee will also make the determination when contract employees require access to US Secret Service controlled Information Technology systems, unless otherwise stipulated within this Statement of

Work.

Contract employees shall undergo a favorable Suitability Assessment as determined by the US

Secret Service’s Security Clearance Division’s, Clearance and Access Branch (SCD-CAB) prior to performing any work within US Secret Services controlled access facilities or on US Secret

Service’s information technology systems. Additional Suitability Assessments will be required for continued work requirements as determined by SCD-CAB, but no less than once every two years.

The contractor shall submit to the COR the following completed documentation for each contract employee requiring access to US Secret Services controlled access facilities, in order to satisfy initial and/or recurring (as requested by the COR) Suitability Assessments:

• SSF 3237: US Secret Service Facility Access Request

• SSF 4024: US Secret Service Non-disclosure Agreement

• SSF 3030A: Financial Disclosure/Credit Release

• SSF 3251: Letter of Agreement

E. Privacy Act

Work on this project may require that personnel have access to Privacy Information. Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.

F. Period of Performance / Delivery

The period of Performance shall be 90 calendar days from award.

G. Place of Performance / Delivery

The Fallen Agent Monument will be erected at the JJRTC main campus, located at 9200 Powder

Mill Road, Laurel MD. The desired location for the Fallen Agent Memorial is the island in front of the Bowron Building

H. Contract Type

This contract shall be firm fixed price (FFP).

I. Definitions

IFC Issue for Construction

USSS US Secret Service

JJRTC James J. Rowley Training Center

J. Government Furnished Equipment/Information

Victor files of USSS Logo and insignia utilized in the design of the memorial structure.

2. TECHNICAL REQUIREMENTS

A. Concept Design:

Within four (4) weeks from award, the Contractor shall present to the Government three concept designs for review and approval. All concepts shall be specific to the USSS mission and draw attention to the activities the fallen agents may have engaged in. All concepts shall include:

• The USSS logo.

• The Heading Titles:

The Department of Homeland Security

The United State Secret Service

The James J. Rowley Training Center

• A title such as:

“To the Men and Women Who Fell in the Line of Duty”

• Spaces and means to affix Fallen Agent Plaques (Refer to paragraph for details)

• Optional Content:

▪ USSS Section Badges

▪ USSS Values

▪ Generic images of USSS weapons, uniforms, vehicles and/or equipment

▪ Maryland Map and/or Flag

▪ Other Features as suggested by Contractor or developed during discussions and/or evaluations of Contractor’s work and/or proposals.

B. The fallen Agent Memorial shall be a permanent feature able to be disassembled, relocated and reassembled to a different location if so desired by the Government in the future.

C. The monument shall be provided with lights from within or from another source on the exterior as necessary to enhance its appearance and emphasize its features. Permissible light colors shall be plain white or a combination of the colors of the U.S. Flag.

D. While not a requirement, the Government will consider artist suggestions to include other none-destructive low maintenance features such as fountains or waterfalls.

E. Material;

The artist/designer shall be free to utilize as many materials as necessary to build the monument provided the material used conforms to the following requirements:

• Structural Integrity

The entire shall be designed to be self-supporting and fixed to the ground as would be the case with any above ground structure. There shall be no wood or lumber used except as temporary supports during construction. The use of manmade products such as plastics and composites will be allowed only in none-visible portion of the monument.

• Water and Weather resistance

All material used in building the monument shall be of material not affected by rain water, moisture content in the air or dry weather conditions. The monument shall also be able to withstand the effects of expansion and contraction caused by elevated ambient temperatures, low temperatures and snow. It shall be free of cracks and pockets for water collection which could potentially cause severe damage.

• UV Resistance

There shall be no parts or components with known low resistance to UV. If the use of such material is inevitable, it shall not be in locations with direct exposure to sunlight and must be treated with proper coating to increase its resistance to UV light.

• Low maintenance

All material used shall require no maintenance beyond regular cleaning and/or minor puffing. All text shall be either embossed or permanently engraved on stone, glass and/or metal plates.

• Attachments & Fasteners

The use of mechanical fasteners is permitted only if not visible on the outside surface(s) of the monument.

• All material used in building the monument shall be of material not affected by rain water, moisture content in the air or dry weather conditions. The monument shall also be able to withstand the effects of expansion and contraction caused by elevated ambient temperatures, low temperatures and snow. It shall be free of cracks and pockets for water collection which could potentially cause severe damage.

F. SPECIAL REQUIREMENTS:

• The use of the USSS Logo, and Section Badges and Logos is controlled and requires prior approval before incorporating in any design or construction. The design shall also be reviewed the appropriate USSS entities during design development and before the IFC documents are approved.

3. DELIVERABLES

A. Deliverables

The deliverable of this phase shall be a complete set of construction documents (design drawings and specifications). There shall be three submittals during the design development phase:

Submittal 1:

Preliminary conceptual designs of no less than three options. The Government will pick on to become the basis of design which will be utilized by the contractor in further developing the design. In this submittal, the contractor shall provide art form drawings illustrating completely different monument design concepts each with detailed list of material used and features. The illustrations shall include an isometric depiction, front, rear and both side views of the design identify each design’s visible elements and the material and color and/or finish of each element.

Presentations in this phase do not need to be in real scale as long as they clearly illustrate the relative scales between various design elements. In this phase the contractor shall also describe the method of including the current list of fallen agents and including others in the future for each option

Submittal 2:

Interim Design review of the selected monument design. In this submittal the contractor shall submit scaled construction drawings for Government review and comments, if any. The contractor shall not move to the final phase until receiving the Government’s review comments and notice to proceed to the final phase. This submittal shall only include list of specification sections the contractor intends to include with the next phase. All drawings in this phase shall be on contractors drawing borders, all views, isometrics and details drawn to scale. This submittal shall also include equipment and/or material schedules, as necessary, to identify the materials used for each design element, its size, type, color and/or finish.

Submittal 3:

In this phase the contractor shall incorporate any Government comments from the previous submittal review and produce the final construction documents with “Issued for Construction

(IFC)” stamp. This submittal shall also include a complete set of specifications edited specifically for this project. Any boiler plate specification shall be rejected and returned to the contractor to revise and resubmit.

All drawings in this phase shall be on contractors drawing borders, all views, isometrics and details drawn to scale. This submittal shall also include equipment and/or material schedules, as necessary, to identify the materials used for each design element, its size, type, color and/or finish. The Government may also reject the submittal if the drawings were incomplete, did not incorporate the Government’s comments from previous phase, or if new errors or omissions were found.

Upon acceptance of the final submittal, the Government will use the IFC documents in the solicitation to implement the design and build the monument.

B. Documentation Ownership

The final IFC documents, any interim design, sketches and/or revisions thereafter shall be the property of the Government.

PART III – Provision & Clauses

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees ofWhistleblower Rights. (JUN 2020)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (Jun 2020)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services orEquipment. (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror hasrepresented that it "does not provide covered telecommunications equipment or services as a part of itsoffered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered

Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it

"does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at

52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure orobtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity toprovide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that suchequipment transmits or otherwise handles.

(1) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization

Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract withan entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that suchequipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awardsfor "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that-

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services tothe Government in the performance of any contract, subcontract or other contractualinstrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the

Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, theOfferor represents that-

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM)or a distributor, if known);

(B) A description of all covered telecommunications equipment offered(include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would bepermissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item beingmaintained: Brand; model number, such as OEM number, manufacturerpart number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code

(PSC)of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offerorhas responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code,and whether the entity was the OEM or a distributor, if known);

(ii) For covered services-

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b)(2)of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services"and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awardsfor "covered telecommunications equipment or services".

(c) Representations. (1) The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offerorrepresents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations(52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived inaccordance with the procedures at 9.108-4.

(1) It is, is not an inverted domestic corporation; and

(2) It is, is not a subsidiary of an inverted domestic corporation.

Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government

Accountability Office (GAO), shall be served on the Contracting Officer (shall be provided upon request) by obtaining written and dated acknowledgment of receipt from Theresa

Williams – Contracting Officer.

52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correctthe defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The

Governmentmust exercise its post acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(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.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of theparties 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 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.

https://www.acquisition.gov/far/33.101#FAR_33_101

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(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 suchoccurrence 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 invoicemust 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 theitems delivered;

(v) Shipping number and date of shipment, including the bill of lading numberand 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 people to notify in event of defectiveinvoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN onthe 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 invoiceonly 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 Systemfor Award Management), or applicable agency procedures.

(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) Payment- (1) Items accepted. Payment shall be made for items accepted by the Governmentthat have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears onthe payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financingor 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;

(D) Contractor points of contact.

(ii) Provide a copy of the remittance and supporting documentation to theContracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the

Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to theperiod in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the

Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor uponfinding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by theContracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the

Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debtpreviously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand forpayment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including anydemand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendardays involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from theContractor;

(B) The date of issuance of a Government check to the Contractor fromwhich an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contractdebt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation ineffect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in thecontract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, forcause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequateassurances of future performance. In the event of termination for cause, the

Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contractshall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, ContractWork Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The

Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and

(9) thespecification.

(t) Removed and reserved.

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when anysupply or service acquired under this contract is subject to any End User License

Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-

Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legalinstrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similarlegal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the

Governmentthat is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporatedby reference into the contract.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders

- Commercial Items. (OCT 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality

Agreements orStatements (JAN 201 b7) (section 743 of Division E, Title VII, of the

Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(NOV2015).

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

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

52.216-24 Incorporation by Reference of Representations and Certifications (Dec 2014)

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding dollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is dollars.

52.216-25 Contract Definitization (Oct 2010)

(a) A [insert specific type of contract] definitive contract is contemplated. The

Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a [insert specific type of proposal (e.g., fixed-price or cost-and-fee)] proposal, including data other than certified cost or pricing data, and certified cost or pricing data, in accordance with

FAR 15.408, Table 15-2, supporting its proposal.

(b) The schedule for definitizing this contract is [insert target date for definitization of the contract and dates for submission of proposal, beginning of negotiations, and, if appropriate, submission of make-or-buy and subcontracting plans and certified cost or pricing data]:

(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) of this section, or within any extension of it granted by the Contracting Officer, the

Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with subpart 15.4 and part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.

(1) After the Contracting Officer’s determination of price or fee, the contract shall be governed by-https://www.acquisition.gov/far/15.408#FAR_15_408 https://www.acquisition.gov/far/15.408#FAR_15_408__i1106753 https://www.acquisition.gov/far/subpart-15.4#FAR_Subpart_15_4 https://www.acquisition.gov/far/part-31#FAR_Part_31

(i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);

(ii) All clauses required by law as of the date of the Contracting Officer’s determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with paragraph (c)(1) of this section, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract.

The Contractor shall comply with the FAR clauses in this paragraph that the ContractingOfficer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

[ x ] 52.203-5 Covenant Against Contingent Fees (May 2014)

[x ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with

Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41

U.S.C.3509).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies tocontracts funded by the American Recovery and Reinvestment Act of 2009.)

[x]Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (Jun 2020)

[] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) (Reserved)

[ ] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-

117,section 743 of Div. C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for…

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated Sep 20, 2021.