Solicitation 9594CS23R0030.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

SEC230019 37

9594CS23R0030

Cathy Collins 202.220.5354

Net 30

See Section F See Block 9

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

See Continuation Sheet

561621

$25M

05/23/2023

See Section L

Court Services and Offender Supervision Agency Office of Procurement 800 North Capitol Street, NW Washington, DC 20002-4260 Cathy Collins;(202) 220-5354;catherine.collins@csosa.gov

9594CS23R0030

Continuation of SF1449

CLIN Schedule of Supplies/Services Qty Unit Unit Price Not-to-Exceed Contract Value

Base Period 0001 Electronic Security System Alarm Monitoring Services in accordance with Attachment J-1, Section C, Statement of Work

0002 Electronic Security System Maintenance and Repair Services in

0003 Electronic Security System New Installation Projects in

Option Period 1 1001 Electronic Security System Alarm Monitoring Services in

1002 Electronic Security System Maintenance and Repair Services in

1003 Electronic Security System New Installation Projects in

Option Period 2 2001 Electronic Security System Alarm Monitoring Services in

2002 Electronic Security System Maintenance and Repair Services in

2003 Electronic Security System New Installation Projects in

Option Period 3 3001 Electronic Security System Alarm Monitoring Services in

3002 Electronic Security System Maintenance and Repair Services in

3003 Electronic Security System New Installation Projects in

Option Period 4 4001 Electronic Security System Alarm Monitoring Services in

4002 Electronic Security System Maintenance and Repair Services in

4003 Electronic Security System New Installation Projects in

Total Not-to-Exceed Contract Value $6,900,000.00

SECTION B – SUPPLIES OR SERVICE AND PRICES/COST

B.1 Services. The Contractor shall provide all services required in accordance with Attachment J-1, Section C Statement of Work, Electronic Security Equipment Services for Court Services and Offender Supervision Agency.

B.2 Type of Contract. This is a not-to-exceed firm-fixed price (FFP) single award Indefinite- Delivery Indefinite-Quantity (IDIQ) contract. All task orders for alarm monitoring and new installation projects shall be awarded as firm-fixed price task orders. Task orders for repairs will be T&M awards.

B.3 North American Industry Classification System (NAICS) and Small Business Size Standard. The NAICS Code for this IDIQ contract is 561621, Security Systems Services. The Small Business Size Standard is $25M.

B.4 Total Maximum IDIQ Contract Value. The total not-to-exceed (NTE) value of this IDIQ contract is $6,900,000.00 (including the base period of performance, all option periods, and the additional six months of performance authorized by FAR 52.217-8 combined). The total contract value is applicable to the total contract and may be obligated as needed in each period of performance. If obligation of the total contract value is made prior to the completion of all contract periods of performance, then the IDIQ contract term also expires as there is no further capacity to award any additional task orders.

B.5 Minimum Guarantee. The minimum guarantee for this IDIQ contract is the award amount for the base period alarm monitoring as identified in Attachment J-2, IDIQ Pricing for Alarm Monitoring. A task order for the base period alarm monitoring will be issued at the time the IDIQ contract is awarded.

B.6 Extent of Obligation. The Government is obligated only to the extent of authorized purchases made under this IDIQ contract. Purchases will be made via the issuance of task orders.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Statement of Work for this IDIQ contract is provided in Attachment J-1, Section C Statement of Work, Electronic Security Equipment Services for Court Services and Offender Supervision Agency.

SECTION D –PACKAGING AND MARKING

D.1 Packing and marking of any equipment, parts, or components to be delivered directly to CSOSA as identified on a task order basis shall be in accordance with good commercial practices to ensure safe transportation at the most economical rate. Items shall be addressed to the attention of the COR identified in Section G.1.1 and shipped at the location identified in each task order for each deliverable.

D.2 Any written deliverables required by any issued task order shall be provided in electronic format with read/write capability using any application compatible with included Microsoft Office Suite applications or pdf format. Font type of Times New Roman with a font size of 12 shall be used throughout the document. The Contractor shall minimize additional formatting as much as possible (e.g., avoid use of columns) and avoid using any design/layout elements.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 Inspection and acceptance shall be in accordance with FAR 52.212-4(a) and E.2 below.

E.2 Inspection and acceptance of services to be furnished and/or any equipment, parts, or components provided will be performed by the COR. The Government will conduct any inspection deemed reasonably necessary to ensure the services and/or any equipment, parts, or components conform with all requirements identified in the IDIQ contract and the relevant task order, as applicable. Services and/or any equipment, parts, or components which upon inspection are found not to be in conformance with the requirements identified in the IDIQ contract and the relevant task order shall be re-performed within the timeframe established by the COR.

SECTION F – DELIVERIES AND PERFORMANCE

F.1 Place of Performance. Contractor personnel shall perform the work under this IDIQ contract at any CSOSA location within the metropolitan Washington, DC area.

F.2 Period of Performance.

F.2.1 The period of performance of this IDIQ contract is as follows:

Base Period – 12 months from date of award

Option Period 1 – 12 months from effective date of option period Option Period 2 – 12 months from effective date of option period Option Period 3 – 12 months from effective date of option period Option Period 4 – 12 months from effective date of option period

F.2.2 Task Order Period of Performance. The period of performance for any task order issued under this IDIQ contract shall be no longer than 12 months from the award date of the task order.

Task orders may be issued up through the day of the last day of the IDIQ awarded period of performance.

F.3 Hours of Operation. CSOSA hours of operation are 8:00 a.m. to 5:00 p.m., Monday through Friday, except federal holidays. The Contractor shall coordinate work hours at Government facilities with the COR). The Contractor shall not perform work at Government facilities on federal holidays or other non-business days without prior approval of the COR.

Work to be performed at Government facilities must be accomplished within the CSOSA hours of operation identified above. Any work at the Government’s facilities outside the above identified hours of operation is not authorized unless approved by the COR.

F.4 Observance of Legal Holidays and Excused Absence.

F.4.1 Legal Holidays.

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

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

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

(3) President’s Day (9) Veterans' Day

(4) Memorial Day (10) Thanksgiving Day

(5) Juneteenth Day (11) Christmas Day

(6) Independence Day

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

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

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

(1) Any other day designated by Federal Statute

(2) Any other day designated by Executive Order

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

F.4.3 It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the IDIQ contract. No work is authorized to be performed by the Contractor on any legal holiday or other day as designated by paragraph F.4.2 above.

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

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Contracting Officer’s Representative.

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

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

G.1.2 The COR is responsible for the technical aspects of the IDIQ contract and serves as the liaison with the Contractor. The COR is responsible for the final inspection and acceptance of all work performed under any issued task orders and such other responsibilities as may be specified in this IDIQ contract.

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

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

G.2 Contracting Officer.

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

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

G.2.3 The procuring and administering Contracting Officer for this IDIQ contract is:

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

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

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

G.3.2 Definitions.

G.3.2.1 “Contract” as used throughout this clause means the type of contract identified in Section B.2.

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

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

G.3.4 IPP Registration. The IPP website address is: https://www.ipp.gov. The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment.

The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve normally within 3-5 business days of the contract award date. Assistance with enrollment may be obtained by contacting the IPP Production Helpdesk via email at IPPCustomerSupport@fiscal.treasury.gov or by phone at

(866) 973-3131.

G.3.5 Payment Request/Invoice Submission.

G.3.5.1 Invoices shall be submitted in IPP with a unique invoice number and no more than once a month, unless otherwise authorized under this IDIQ contract.

G.3.5.2 The payment request/invoice submission must identify the specific IDIQ contract line item number (CLIN) for which the Contractor is seeking payment.

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

G.3.5.3 In addition to providing the information required by IPP, the Contractor shall include in IPP as an attachment(s) to the specific payment request/invoice the following information:

• Contractor’s Contact Information;

• CSOSA’s Billing Information, i.e.:

CSOSA, Office of Financial Management 800 North Capitol Street, NW, 6th Floor Washington, DC 20002-4260

• Unique Invoice Number;

• Total Invoice Amount;

• Contract Line-Item Number (CLIN)

• For each CLIN invoiced:

(1) Start and completion date;

(2) Service location; and

(3) Description of work performed.

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

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

G.3.6.2 Improper or invalid IPP invoices shall be disputed / rejected by CSOSA in their entirety. If the invoice is disputed / rejected by CSOSA, the Contracting Officer or COR appointed to the contract will notify the Contractor in writing of the dispute within seven (7) days of the CSOSA invoice official receipt date (the received date stamped on the invoice by OFM). CSOSA’s written dispute / rejection notification will identify the specific invoice items and amounts being disputed, reason the items or amounts are disputed, a reference to the specific terms of the contract which supports the Government’s dispute and a request for an immediate explanation and / or corrected invoice. In addition, the invoice will be rejected by CSOSA in IPP. The Contractor shall re-submit corrected invoices in IPP, with required attachments, using a new, unique invoice number.

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

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

mailto:Rolanda.White@csosa.gov

SECTION H – SPECIAL REQUIREMENTS

H.1 Personnel Security. The Contractor agrees to adhere to all regulations prescribed by the Government in regards to the safety and security of staff and Clients. All Contractor personnel (employees and approved subcontractors) utilized under this IDIQ contract shall submit to a CSOSA background check, and if necessary, a background investigation prior to performing. The intent and purpose of the background check/ investigation is to preclude the assignment of any individual who poses a threat to the Government, or successful work completion, due to past unlawful or inappropriate behavior. Contractor personnel must be U.S.

citizens, or be lawfully permitted to reside in the United States and possess a valid work permit.

The Contractor shall ensure that an individual does not begin work under this IDIQ contract until the background checks are conducted and approved by the CSOSA Office of Security.

H.1.2 CSOSA Background Checks.

H.1.2.1 Upon award of the IDIQ contract, the Contractor will provide the COR with completed and signed security forms for Contractor and subcontractor personnel. The forms to be completed are:

• CSOSA Security Form for Temporary Contractors (Form # CSOSA-SEC-0010) (Attachment J-6)

• CSOSA Credit Release (Attachment J-7)

• PIV Form (to be completed by COR if an access card is needed. If an access card is not needed, this form is not required) (Attachment J-8)

H.1.2.2 The COR will provide the completed security forms to the Contracting Officer who will provide the completed forms to the CSOSA Office of Security to conduct background checks. Once background checks are conducted and approved, the CSOSA Office of Security will issue security approval to/through the CO/COR, who in turn will notify the Contractor.

Only at that time may the Contractor notify an individual to begin work under this IDIQ contract.

H.1.2.3 Once an individual has been granted security approval, they can begin work. The Contractor must allow up to 30 days for the Office of Security to process the CSOSA background checks.

H.1.2.4 Derogatory information, falsification of any forms, or refusal to supply information and/or forms may be considered justification for immediate security denial/removal of the individual. CSOSA has the right to request any additional information necessary to complete the background check. If Contractor personnel fail to provide any of the above information, or cooperate with the CSOSA Office of Security, the individual will be disapproved and removed immediately.

H.1.3 Defense Counterintelligence and Security Agency (DCSA) Background Investigation. Contracts of 180 days or more may require Contractor staff to undergo a background investigation by DCSA in addition to the CSOSA background check. The CSOSA Office of Security will provide the additional security forms required for initiation of the DCSA background investigation. The Contractor will ensure that everyone assigned to this task order provides the following forms to the CSOSA Office of Security:

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

• OF 306, Declaration for Federal Employment.

• FD 258, Fingerprint Cards.

H.1.4 If an individual is terminated, resigns, or for any other reason is no longer working under the IDIQ contract, the Contractor shall ensure that all previously issued CSOSA equipment and material (including CSOSA identification card, if one has been issued) is retrieved from that individual and returned to the COR within one business day of the termination. The Contractor must notify the COR immediately when an individual is no longer working under the IDIQ contract. The COR must immediately notify the CSOSA Office of Security and Information Technology in writing so all electronic access can be promptly terminated. In addition, the Contractor shall coordinate with the Contracting Officer or COR to identify a replacement if necessary. Replacements cannot start work until the CSOSA Office of Security provides approval.

H.1.5 Any individual who has been removed from performance under the IDIQ contract may be required to undergo another CSOSA background check before resuming work.

H.1.6 Both the Contracting Officer and the COR shall ensure that all Contractor and approved subcontractor employees who provide services under this IDIQ contract have been approved by the CSOSA Office of Security.

H.1.7 Contractor personnel shall wear or display CSOSA issued identification at all times when performing work at a CSOSA facility. Contractor personnel shall not share or loan any CSOSA identification. All individuals assigned to this IDIQ contract must report the loss or misplacement of agency identification immediately to the CSOSA Office of Security.

H.1.8 By responding to the CSOSA solicitation, Contractor and approved subcontractor personnel agree to provide the requested information and cooperate with the above listed procedures. Any Contractor or approved subcontractor employee who does not obtain a favorable adjudication for the CSOSA background check, or DCSA background investigation, will be unable to perform services under this IDIQ contract. The final adjudicative determination will be made at the sole discretion of CSOSA.

H.2 Ordering. Task orders to be issued against this IDIQ contract comprise the following services in accordance with Attachment J-1, Section C, Statement of Work for CSOSA’s ESS:

H.2.1 At the beginning of each IDIQ contract period of performance, a firm-fixed price (FFP) task order for annual alarm monitoring will be unilaterally issued without prior coordination with the Contractor. The task order funded amount for each IDIQ contract period of performance will be as identified in Attachment J-2, IDIQ Contract Pricing for Alarm Monitoring.

H.2.2 At the beginning of each IDIQ contract period of performance, a task order for annual repairs/maintenance costs will be unilaterally issued without prior coordination with the Contractor. The funded amount on this task order will be a lump sum which is estimated to be the costs for repairs/maintenance during the respective IDIQ contract period of performance. Charges against this task order are incurred based on approved work orders for repairs/maintenance issued in accordance with the procedures outlined in Attachment J-1, Section C, Statement of Work for CSOSA’s ESS, section C.4.3.2. All labor costs incurred must be in accordance with the burdened hourly labor rates identified in Attachment J-5, IDIQ Contract Labor Category Burdened Hourly Labor Rates & Other Pre-Determined Prices/Rates.

H.2.3 On an as needed basis, an FFP task order for new installations (bilaterally signed by the Contractor and the Government) will be issued in accordance with the procedures outlined in Attachment J-1, Section C, Statement of Work for CSOSA’s ESS CSOSA, section C.4.4.

Contractor provided prices for new installations must be in accordance with the burdened hourly labor rates and other predetermined prices/rates identified in Attachment J-5, IDIQ Contract Labor Category Burdened Hourly Labor Rates & Other Pre-Determined Prices/Rates.

H.3 Individuals Authorized to Award Task Orders and Issue Work Orders.

H.3.1 Task orders under this IDIQ contract may only be issued by Contracting Officers of the Court Services and Offender Supervision Agency (CSOSA).

H.3.2 Work orders against any awarded task order for repair/maintenance (as outlined in Attachment J-1, Section C, Statement of Work for CSOSA’s ESS, section C.4.3.2) may only be issued by the Contracting Officer or the Contracting Officer’s Representative (COR) identified in Section G.1.1.

Labor expended for each work order can only be invoiced by the Contractor at the burdened hourly labor rates for the labor categories identified in Attachment J-5, IDIQ Contract Labor Category Burdened Hourly Labor Rates and Other Pre-Determined Prices/Rates. No labor categories or labor rates are authorized under this contract.

H.4 Government Property.

H.4.1 Government Property may be provided to the Contractor. During the performance of any repairs or new installations, if required equipment is in CSOSA’s decommissioned security equipment inventory, the COR may request the Contractor use the already available equipment.

H.4.2 The Contractor shall maintain and disposition all GFP and Contractor acquired (on behalf of the Government) property in accordance with FAR 52.245-1 Government Property.

H.5 Use and Charges. As authorized by FAR 52.245-9 Use and Charges (APR 2012), the Contractor is authorized to use any Government Property provided in the performance of any work awarded under this task order without charge.

H.6 Confidentiality of Reports and Other Data. Neither the Contractor, nor any affiliate, subsidiary, consultant, subcontractor, nor personnel thereof, shall divulge to any third party any information concerning deliverables produced, work performed, results obtained, or any information provided by the Government in connection with this IDIQ contract and any task order issued under the IDIQ contract without the prior written approval of the Contracting Officer. This clause shall survive the expiration of this IDIQ contract and its task orders.

H.7 Review of Announcements or Publishing. Neither the Contractor, nor any affiliate, subsidiary, consultant, subcontractor, or personnel thereof, shall make public releases of information or any matter pertaining to this IDIQ contract and any task order issued under the IDIQ contract, including, but not limited to, advertising in any medium, or presentation before technical, scientific, or industry groups, without the prior written approval of the Contracting Officer. The provisions of this clause shall survive the expiration of this IDIQ contract and its task orders.

H.8 Unforeseen Closures, Work Stoppage and Government Closures. Uncontrollable or unforeseeable circumstances such as, acts of God or the public enemy, acts of the Government in its sovereign or contractual capacity, fire, floods, epidemics, quarantine restrictions, inclement weather or special Federal or ceremonial events, may cause the Government to close. Under such circumstances, the Government will not pay for unworked hours.

H.9 Contractor Personnel Conduct.

H.9.1 Contractor’s employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, and possession of weapons) when visiting or working at Government facilities.

H.9.2 Contractor personnel shall maintain satisfactory standards of employee competency, conduct, appearance, and integrity, as described and shall take such disciplinary action against its employee as may be necessary. All Contractors are expected to adhere to standards of conduct that reflect credit on themselves, their employee, CSOSA, and the Government.

H.9.3 The Contractor shall ensure Contractor employees understand and abide by CSOSA established rules, regulations and policies concerning safety and security.

H.9.4 Contractor personnel working on-site at Government facilities shall wear a Government issued identification badge. All Contractor personnel shall identify themselves as contractors when their status is not readily apparent.

H.9.5 Contractor personnel performing work on-site at any CSOSA location shall not consume any controlled substances as defined in schedules I through V of section 202 of the Controlled Substances Act, 21, U.S.C. 812. If on medication, the Contractor personnel shall be fully capable of performing the requirements of the statement of work.

H.9.6 The Government may, at its sole discretion, direct the Contractor to remove any Contractor personnel from CSOSA facilities for poor performance, misconduct, or security reasons.

H.10 Teaming Partners and Subcontractors. The Contractor shall obtain approval from the Contracting Officer before adding teaming partners or subcontractors. All teaming partners and subcontractors must be identified before performing any work under this IDIQ contract. When submitting the request to add teaming partners or subcontractors, the Contractor shall include the rationale for the addition, and a description of any cost implications. The Contracting Officer has the ultimate authority to approve or reject the proposed teaming partner or subcontractor.

H.11 Non-Personal Services.

H.11.1 Pursuant to FAR 37.1, no personal services shall be performed under this task order.

All work requirements shall flow only from the COR to the Contractor’s Project Manager. No Contractor employees will be directly supervised by the government. All individual Contractor employee assignments, and daily work direction, shall be given by the applicable Contractor employee supervisor. If the Contractor believes any government action or communication has been given that would create a personal services relationship between the government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

H.11.2 Pursuant to FAR 7.5, the Contractor shall not perform any inherently governmental actions under this Task order. No Contractor employee shall hold him or herself out to be a government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the government. In all communications with third parties in connection with this task order, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work.

H.12 Insurance.

H.12.1 General Requirements. General Requirements. The Contractor, at its sole expense, shall procure and maintain, during the entire period of performance under this task order, the types of insurance specified below and shall immediately notify CSOSA if any insurance policy lapses or changes. Within 7 days of IDIQ contract award and at the beginning of each subsequent option period, the Contractor shall have its insurance broker or insurance company submit a Certificate of Insurance to the Contracting Officer giving evidence of the required coverage prior to commencing performance under this task order. In no event shall any work be performed until the required Certificates of Insurance signed by an authorized representative of the insurer(s) have been provided to, and accepted by, the Contracting Officer. All insurance shall be written with financially responsible companies authorized to do business in the District of Columbia or in the jurisdiction where the work is to be performed and have an A.M. Best Company rating of A- / VII or higher. The Contractor shall require all of its approved subcontractors to carry the same insurance required herein. All required policies shall contain a waiver of subrogation provision in favor of the Government of the United States and/or CSOSA. The government shall be included in all policies required hereunder to be maintained by the Contractor and its approved subcontractors (except for workers’ compensation and professional liability insurance) as an additional insureds for claims against CSOSA or The United States relating to this task order, with the understanding that any affirmative obligation imposed upon the insured Contractor or its approved subcontractors (including without limitation the liability to pay premiums) shall be the sole obligation of the Contractor or its approved subcontractors, and not the additional insured.

H.12.2 The following insurance coverage and minimum amounts are required to be maintained by the Contractor in the performance of all work including in this IDIQ contract.

H.12.2.1 Workers’ Compensation. The Contractor shall provide Workers’ Compensation insurance in accordance with the statutory mandates of the District of Columbia, or the jurisdiction in which any work ordered under the purchase order is performed.

H.12.2.1 General Liability - $500,000.00;

H.12.2.2 Employer’s Liability - $500,000.00;

H.12.2.3 Employer Practices Liability – $1,000,000.00;

H.12.2.3 Property Liability - $100,000.00; and H.12.2.4 Automobile Liability Insurance - Equal to the greater of (i) the limits set forth in the Contractor’s commercial automobile liability policy or (ii) $500,000.00 per occurrence combined single limit for bodily injury and property damage.

H.13 Indemnification.

H.13.1 The Contractor agrees for itself, its employees, and subcontractors to save, defend, hold harmless and indemnify the Government and all of its elected and appointed officials, officers, current and former employees, agents, departments, agencies, boards, and commissions (collectively the "Government") from and against any and all claims made by third parties or by the Government for any and all losses, damages, injuries, fines, penalties, costs (including court costs and attorney's fees), charges, liability, demands or exposure, however caused, resulting from, arising out of, or in any way connected with the Contractor's acts or omissions, including the acts or omissions of its employees and/or subcontractors, in performance or nonperformance of its work called for by the Contract Documents.

H.13.2 The Contractor shall:

H.13.2.1 Promptly notify the Contracting Officer of any claim or action against, or any loss by, the Contractor or any approved subcontractors that may reasonably be expected to involve indemnification under this clause;

H.13.2.2 Immediately furnish to the Contracting Officer copies of all pertinent papers of the Contractor that pertain to any indemnification matter;

H.13.2.3 Furnish evidence or proof of any claim, loss, or damage covered by this clause in the manner and form the Contracting Officer requires; and

H.13.2.4 Comply with the Contracting Officer’s directions and execute any authorizations required in connection with settlement or defense of claims or actions.

H.13.3 The Government may direct, control, or assist in settling or defending any claim or action that may involve indemnification under this clause.

H.13.4 This indemnification shall survive the termination of this IDIQ contract.

H.13.5 Hold Harmless and Indemnification Agreement. The Contractor shall be solely liable for, and expressly agrees to indemnify the Government, with respect to any liability-producing acts or omissions by its employees or agents. Specifically, the Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and cost of whatsoever kind and nature, for injury to or death of any person or persons and for loss or damage to any Contractor equipment or property or property owned by a third party occurring in connection with, or in any way incident to or arising out of the occupancy, use, service, operation, or performance of work under the terms of this IDIQ contract, resulting in whole or in part from the acts or omissions of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor.

H.13.6 Government Liability. The Government shall not be liable for any injury or damages to Contractor or subcontractor personnel, or damage to Contractor or subcontractor equipment or property resulting from the delivery of services required under this IDIQ contract, unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to other Federal statutory authority.

H.14 Independent Contractor Status.

H.14.1 Contractor is an independent contractor, and neither Contractor nor Contractor's employees or contract personnel are, or shall be deemed, Government's employees. In its capacity as an independent contractor, the Contractor agrees and represents, and the Government agrees, as follows:

H.14.2 Contractor has the right to control and direct the means, manner, and method in which to perform services required by CSOSA through this IDIQ contract.

H.14.2.1 Contractor has the right to hire assistants as subcontractors to provide the services required by this IDIQ contract provided Contractor notifies the Government in writing of the need to hire subcontractors, and receives the expressed written permission from the Government before hiring any subcontractor under this IDIQ contract.

H.14.2.2 The services required by this IDIQ contract shall be performed by Contractor, Contractor's employees, and/or contract personnel and/or subcontractors, and the Government shall not hire, supervise, or pay any assistants or subcontractors to help Contractor.

H.15 Period of Claim. Notwithstanding the claim period stated in FAR 52.212-4(d), Disputes, and pursuant to FAR 33.206, Initiation of a Claim, the Contractor, absent good cause for delay, agrees to submit any claim related to this IDIQ contract within 12 months from the day the Contractor becomes aware of the event(s) leading to the claim.

H.16 Wage Determination. Attachment J-9, Wage Determination 2015-4281, applies to all task order issued for any labor categories included in the Wage Determination.

H.17 Anti-Harassment. CSOSA is committed to creating and maintaining a work environment free from harassment of any type, and we expect the same from CSOSA Contractors. Therefore, the Contractor shall show a commitment to:

• Communicating that harassing behavior of any type is not to be tolerated by its management, employees, and subcontractors.

• Fostering a work and living environment free from harassment by ensuring that appropriate officials are notified of and have the opportunity to correct harassing behavior promptly.

• Addressing harassing behavior and holding management, employees, and subcontractors accountable at the earliest possible stage.

• Ensuring there is an appropriate process of reporting and investigating any alleged harassment of any kind (e.g., Unusual Incident reporting).

SECTION I – CONTRACT CLAUSES

I.1 FAR 52.252-2 Clauses Incorporated By Reference (Feb 1998)

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

https://www.acquisition.gov/browsefar

I.2 FAR Clauses Incorporated by Reference.

FAR

Clause No.

Title DEC 2

52.212-4 Contract Terms and Conditions – Commercial Items (ALT I) DEC 2022 52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023 52.242-15 Stop-Work Order AUG 1989 52.245-1 Government Property SEP 2021 52.245-9 Use and Charges APR 2012

I.2 FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders – Commercial Products and Commercial Services (MAR 2023)

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

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

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

115-91).

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

https://www.acquisition.gov/browsefar https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108- 77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

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

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

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

__ (5) [Reserved].

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

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

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

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

__ (10) [Reserved].

https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved]

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

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

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

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) ( 15 U.S.C. 637(d)(4)).

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

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

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

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

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

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

_X_ (19) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) ( 15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023 (15 U.S.C. 632(a)(2)).

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

https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) ( 15 U.S.C. 637(m)).

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

__ (26) 52.219-33, Nonmanufacturer Rule…