Solicitation Document.pdf

U.S. MARSHALS SERVICE

JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM (JPATS)

REQUEST FOR QUOTE (RFQ)

Combined Synopsis/Solicitation 15M30020QA3700168 Aircraft Engine Purchase Model: CFM56-3C1

Request Date: April 10, 2020

Deadline for Quotes: Monday, May 11, 2020 at 11:00am

i. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

ii. This solicitation is a Request for Quotations (RFQ) under solicitation number

15M30020QA3700168

iii. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-04 effective 15 January 2020.

iv. This solicitation is being issued as “Unrestricted” under North American Industry Classification System (NAICS) Code 336412 Aircraft Engine and Engine Parts Manufacturing, with a size standard of 1,500 employees.

v. The Justice Prisoner & Alien Transportation System (JPATS) requires the purchase of one (1) Aircraft Engine, Model: CFM56-3C1 and one (1) engine transportation dolley / cradle.

vi. Responsible quoters shall provide pricing on a Firm-Fixed Price Basis for the following Line Item(s):

CLIN 0001 - QTY 1 Each – Aircraft Engine Purchase for OKC-Large Airframe Program one (1) Aircraft engine, Model: CFM56-3C1

CLIN 0002 - QTY 1 Each – Engine Transportation Dolly and Cradle

A list of contract items number(s) and item(s), quantities and units of measure are listed in Section 2 – Commodity or Services Schedule.

vii. Description of requirements for the items to be acquired. See SF-1449, Solicitation/Contract/Order for Commercial Items, Statement of Work, entitled Justice Prisoner and Alien Transportation System (JPATS), Aircraft Engine Purchase.

viii. JPATS is issuing a Request for Quote to establish a single award type contract with firm fixed pricing.

REQUEST FOR QUOTE (RFQ)

ix. The provision at 52.212-1, Instructions to Offerors, Commercial Items, is applicable for this procurement and an addendum to this provision is included.

The additional instructions tailored to this specific acquisition in accordance with FAR 12.302. Quotes submitted in response to the RFQ shall be submitted in accordance with the instructions provided in this section.

x. The provision at 52.212-2, Evaluation – Commercial Items, applies to this acquisition and an addendum to this provision is included.

xi. The provision of FAR 52.212-3 Offeror Representations and Certifications - Commercial Items applies to this solicitation. Offerors are instructed to certify all information is accurate and available under the System for Award Management (SAM).

xii. Clauses FAR 52.212-4, Contract Terms and Conditions--Commercial Items and 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items apply to this solicitation.

xiii. Any contractor interested in obtaining a contract award with the Federal Government must be currently registered in the System for Award Management (SAM) at www.sam.gov. Offerors are required to have a DUNS number and an active registration in SAM in order to conduct business with the Federal Government. Offerors should include their Data Universal Number System (DUNS) number in their proposals. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees DUNS number into the SAM database. Failure to complete the registration procedures outlined may result in elimination from consideration for award. All bidders are urged to double check their SAM registration and update as necessary, including the size metrics information. For the purposes of this solicitations, all contractors’ SAM registration should include NAICS code 336412.

xiv. Defense Priorities and Allocations System (DPAS) and assigned rating: Not applicable.

xv. At minimum a valid quote will contain a completed and signed (by an authorized company representative) SF1449, acknowledge of any amendments by signing the SF30(s) (if issued), quote break down and any other proof to prove engine meets all of the technical requirements. Not providing these items could result in deeming the vendor nonresponsive to this solicitation.

xvi. All inquiries or questions pertaining to this RFQ must be submitted to the Contracting Officer (CO) via email: Victor.J.Stamps@usdoj.gov no later than 01 May 2020 by 11:00 am Central Standard Time. Questions will not be accepted by phone. Timely questions will be answered through an amendment and posted on Federal Business Opportunities.

http://www.sam.gov/

REQUEST FOR QUOTE (RFQ)

xvii. Each Offeror’s proposal(s) shall be submitted in two (2) separate parts --one titled "Technical Proposal" and the other titled "Business/Price Proposal." Each offeror shall submit the following number of proposals:

Technical Proposal - An original plus three (3) copies (Aircraft Engine & Transportation and Dolly and Cradle/ Schedule)

Business/Price Proposal - An original plus one (1) copy (Past Performance/ Price)

Proposals submitted in response to this solicitation shall be formatted in accordance with the instructions provided.

xviii. Quotes are due no later than 11 May 2020 by 11:00 A.M., CST.

Response to this combined synopsis/solicitation must be received via mail or hand delivered on or before the deadline of 11 May 20, no later than 11:00 A.M., CST. Quotes received after the quote deadline will be handled in accordance with FAR 52-212-1(f).

xix. The Point of Contact for this solicitation is Victor J. Stamps, Contracting Officer, email:Victor.J.Stamps@usdoj.gov or telephone : 816.467.1996

15M30020QA3700168 Page 1 of 41

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

M-20-A37-R-000345

5. SOLICITATION NUMBER

15M30020QA3700168

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/10/2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Victor J. Stamps

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

05/11/2020 11:00:00

CODE MHQ006

United States Marshals Service Justice Prisoner & Alien Transportation System 1251 NW Briarcliff Parkway | Suite 300 Kansas City, MO. 64116

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 336412

SIZE STANDARD: 1500

Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

Net 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

MMJPATSCODE15. DELIVER TO

United States Marshals Service Justice Prisoner & Alien Transportation System 5900 Air Cargo Road Oklahoma City, OK. 73159-1198

CODE 15M30016. ADMINISTERED BY

United States Marshals Service Justice Prisoner & Alien Transportation System 1251 NW Briarcliff Parkway | Suite 300 Kansas City, MO. 64116

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

MMJPATSCODE18a. PAYMENT WILL BE MADE BY

E-MAIL: JPATS.ACCTPAY@USDOJ.GOV

United States Marshals Service Justice Prisoner & Alien Transportation System 1251 NW Briarcliff Parkway | Suite 300 Kansas City, MO. 64116

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

OFFER SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Justice Prisoner & Alien Transportation System (JPATS) has a requirement to purchase of one (1) Aircraft Engine, Model: CFM56-3C1 and one (1) engine transportation dolley and cradle

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ 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 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Victor J. Stamps

31c. DATE SIGNED

04/10/2020

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

816-467-1996

15M30020QA3700168 Page 2 of 41

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

15M30020QA3700168 Page 3 of 41

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

Statement of Work 3 Contract Clauses

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) USMS-0001 Release of Residual Funds ($100 or Less) USMS-0002 Release of Residual Funds (Greater Than $100) USMS-0003 Acceleration of Payments to Small Businesses USMS-0004 Representation Regarding Felony Conviction Under Any Federal law or Unpaid Delinquent Tax Liability (Deviation 2012-02) (January 2012)

USMS-0010 CONTRACT/ORDER CLOSEOUT - FIXED-PRICE, TIME-AND-MATERIALS, OR

LABOR HOURS

USMS-0012 Contracting Officer's Representative (COR) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-- Commercial Items (Jan 2020)

4 List of Attachments 5 Solicitation Provisions

52.212-3 Offeror Representations and Certifications--Commercial Items (Dec 2019) 52.215-1 Alt I Instructions to Offerors-Competitive Acquisition (Jan 2017) - Alternate I (Oct 1997) Addendum for FAR Provision 52.212-1 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) Addendum to FAR Provision 52.212-2 52.211-6 Brand Name or Equal (Aug 1999)

15M30020QA3700168 Page 4 of 41

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE FEES AMOUNT

0001 Aircraft engine, Model: CFM56-3C1 1.000000 EA $___________ $_________ $___________

0002 Engine Transportation Dolly and Cradle 1.000000 EA $___________ $_________ $___________

Statement of Work

TECHNICAL SPECIFICATIONS-REQUIREMENTS

AIRCRAFT ENGINE (CFM56-3C1) / TRANSPORTATION DOLLY PURCHASE

JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM (JPATS)

OKLAHOMA CITY, OKLAHOMA

I. BACKGROUND

The primary mission of U.S. Marshals Service, Justice Prisoner and Alien Transportation System (JPATS) is the safe, secure and efficient transportation of federal and non-federal prisoners and the provision of aircraft and flight crew for the support of other operational missions. Additional mission assignments include, but are not limited to, international flights in support of foreign extraditions, witness security and enforcement operations, strategic deployment of USMS and Special Operations Group personnel and equipment and other special operations assigned by the USMS or U.S. Attorney General.

II. GENERAL

JPATS has a requirement for the Purchase of one (1) Aircraft Engine, Model: CFM56-3C1 and one (1) engine transportation dolly / cradle. The engine will be considered a “spare’ engine to be installed on a JPATS’ Boeing 737-400 Aircraft, as needed. The engine will be delivered on a transportation dolly / cradle approved for use by Boeing; the aircraft Original Equipment Manufacturer (OEM). The engine, transportation dolly and cradle will be subject to a Pre-Award Inspection by JPATS following the “Notice of Apparent Successful Offeror” by JPATS. The Pre-Award Inspection shall take place in the continental United States. The engine, transportation dolly and cradle shall be delivered to the USMS hangar in Oklahoma City, OK following a successful Pre Award Inspection. JPATS prefers final delivery of the engine, transportation dolly and cradle within 60 days from date of contract award;

however, they must be delivered within 120 days from date of award.

III. TECHNICAL REQUIREMENTS

The engine must have a maximum takeoff rated thrust of 23,500 pounds with no fixed de-rate. The engine must not have less than a twenty (20) degree Exhaust Gas Temperature (EGT) Margin at 23,500 pounds of thrust. All applicable FAA Airworthiness Directives (AD) must be accomplished with no recurring inspections due within one year from time of delivery to JPATS. Proof of AD accomplishment is required to be provided to JPATS during Inspection and Acceptance. All manufacturers’ Mandatory / Alert Service Bulletins (SB) must be accomplished with no recurring inspections due within one year from time of delivery to JPATS.

Proof of SB accomplishment is required to be provided to JPATS during Inspection and Acceptance. It’s preferred that the engine have not less than 5,000 cycles remaining as a replacement threshold for any of its Life Limited Parts (LLP) at the CAT C category of operation; however, the engine shall not have less than 3,500 cycles remaining as a replacement threshold for any of its LLPs at the

15M30020QA3700168 Page 5 of 41

CAT C category of operation. Proof of life remaining on all LLPs shall be provided to JPATS during Inspection and Acceptance.

The top three pacing Life Limited Parts shall be identified

The engine shall be delivered with a full Quick Engine Change (QEC) kit with the exception of the Inlet Cowl. The QEC shall be configured with a Walter Kidde Engine Overheat and Fire Detection system. The engine will be delivered on a transportation dolly / cradle as detailed in the 737-300/400/500 Aircraft Maintenance Manual (AMM), Section 71-00-04 Pages 201 and 202, dated September 2017 (See Attachment A). At time of delivery, the engine will be preserved meeting the requirements of the aircraft manufacturer for a 365 day preservation as detailed in the 737-300/400/500 Aircraft Maintenance Manual (AMM), Task 71-00-03-622-046-C00 (See Attachment B).

The transportation dolly need not be “new” but shall be clean and in a serviceable condition. The transportation dolly / cradle will receive a General Visual Inspection during the Inspection and Acceptance process. As with the engine, the transportation dolly / cradle will become JPATS property at time of delivery

The proposed engine must not have sustained any substantial damage as a result of an accident or incident as defined by the National Transportation Safety Board. It is preferred the engine is configured as an Extended Time on Wing (TOW) engine.

IV. PRE-AWARD INSPECTION:

Following notification to the Apparent Successful Offeror, JPATS will perform the following tasks during the Pre-Award Inspection process at the contractor’s facility:

• Perform a General Visual Inspection of the engine

• Perform a General Visual Inspection of the transportation dolly / cradle

• Review the engine’s non-incident / non-OEM repair statement from the last operator

• Review the engine’s FAA 8130-3, EASA Form 1 or CAA Form 1 Authorized Release Certificate

• Review the engine’s current flight hour / cycle statement

• Review and evaluate the latest Max Power Assurance Run Sheet, either Test Cell or On-Wing, with documented EGT margins at 80% N1, 85% N1 and 90% N1. (The engine must not have been operated after the performance of an on-wing Max Power Assurance Run or Test Cell Run for the latest on-wing Max Power Assurance Run or Test Cell Run to be considered valid.)

• Review and evaluate the latest Max Power Assurance Run Sheet, either test Cell or On-Wing, documented EGT margins at 80% N1, 85% N1, and 90%N1 thereby demonstrating the engine will have the required EGT margin at full power (23,000 lbs) of not less than 20 degrees. (The engine must not have been operated after the performance of an on-wing Max Power Assurance Run or Test Cell Run for either to be considered valid)

•Review engine accessory list for correct part numbers and serial numbers of serially controlled items •Review evidence of Service Bulletin compliance •Review evidence of life remaining on Life Limited Parts •Perform a video borescope of the engine’s entire gas path to include fan, compressor, combustion and turbine sections; and generate a borescope inspection report. (This is be done by an independent third party at JPATS’ expense).

•Inspect the engine chip detectors •Perform AD 2017-14-08 Paragraph (f)(2) / CFM Service Bulletin CFM56-3 S/B 72-1169 Revision 01, if applicable.

•Observe installation of vapor barrier film and waterproof cover

JPATS reserves the right to have a third party agent on-site at the Contractor’s facility to perform, or assist with, one or more of the Pre-Award Inspection tasks.

So as not to void the tasks performed during the Pre-Award Inspection, such as the full gas path borescope, the engine shall not be operated after completion of the Pre-Award Inspection.

V. FINAL INSPECTION AND ACCEPTANCE

Final Inspection and Acceptance will take place at the JPATS Oklahoma City, OK facility. JPATS will perform the following during the Final Inspection and Acceptance process:

•Perform a General Visual Inspection of the engine for obvious defects and proper shipping as detailed in the 737-300/400/500 Aircraft Maintenance Manual (AMM), Task 71-00-04-502-001-C00 •Perform steps necessary to determine that the engine has been preserved for 365 days per the manufacturer’s instructions •Perform a General Visual Inspection of the transportation dolly / cradle

15M30020QA3700168 Page 6 of 41

Following a successful Inspection and Acceptance, the Contractor will deliver the following to the JPATS Oklahoma City, OK operational site:

•A CFM56-3C1 engine with full QEC less Inlet Cowl •Aircraft OEM (Boeing) approved transportation dolly •A non-incident / non-OEM repairs statement from the last operator •A FAA 8130-3, EASA Form 1, or CAA Form 1 Authorized Release Certificate •The latest Max Power Assurance Run Sheet, either test Cell or On-Wing, documented EGT margins at 80% N1, 85% N1, and 90%N1 thereby demonstrating the engine will have the required EGT margin at full power (23,000 lbs) of not less than 20 degrees. (The engine must not have been operated after the performance of an on-wing Max Power Assurance Run or Test Cell Run for either to be considered valid)

•Historical Log Book (or digital equivalent) with documentation of last shop visit •Engine Accessory list with appropriate part numbers and serial numbers (serial controlled items) •Documentation proving Airworthiness Directive compliance •Documentation proving Service Bulletin compliance •Documentation proving life remaining (cycles) and back to birth traceability of Life Limited Parts •Documentation proving type of oil used •Documentation proving current flight hours / cycles

VI. DELIVERABLES

15M30020QA3700168 Page 7 of 41

Section 3 - Contract Clauses

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 correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must 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.

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

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

(e) Definitions. 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 such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

15M30020QA3700168 Page 8 of 41

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

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

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

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

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

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

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

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

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that 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 Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(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 on the 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 financing or invoice payment, the Contractor shall--

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

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

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

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting 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 the period 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.

15M30020QA3700168 Page 9 of 41

(ii) The Government may issue a demand for payment to the Contractor upon finding 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 the Contracting 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 debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment 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 any demand for payment resulting from a default termination.

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

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

(B) The date of issuance of a Government check to the Contractor from which 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 contract debt 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 in effect 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 the contract, 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, for cause 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 adequate assurances 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 contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

15M30020QA3700168 Page 10 of 41

(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 with 31 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, Contract Work 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. chapter 21 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 at 52.212-5.

(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.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply 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 legal instrument 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 similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that 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 incorporated by reference into the contract.

15M30020QA3700168 Page 11 of 41

(End of clause)

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Oct 2018)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Clause Title Fill-ins (if applicable)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content

Paper (May 2011)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

Clauses By Full Text

USMS-0001 Release of Residual Funds ($100 or Less)

The contractor is advised when submitting the final invoice under this contract to submit an information copy of the invoice to the Contracting Officer. The invoice must be marked “Information Copy – Final Invoice.” If residual funds on the contract total $100 or less, the government will automatically deobligate the residual funds without further communication with the vendor. Upon receipt and payment of the final invoice, it is understood and agreed that all outstanding obligations incurred on the above referenced contract have been satisfied. Therefore, it is further understood and agreed that the government shall not be liable for the payment of any future invoices that may be submitted under the above referenced contract. (Applies to all contracts) (End of Clause)

USMS-0002 Release of Residual Funds (Greater Than $100)

If funds greater than $100 remain on this contract after the final invoice, the Government will issue a bilateral modification to authorize release of those funds. The contractor’s signature on the modification will constitute understanding and agreement that all outstanding obligations incurred on this contract have been satisfied. The Government shall not be held liable for the payment of any further invoices submitted under this contract. The contractor will have up to 30 calendar days after issuance of the modification to sign and return it. Further, failure to sign and return the modification within the stated time period shall be considered acceptance of the government’s intent to deobligate the residual funds; and releases the Government from any future liability stemming from or related to this contract. (Applies to all contracts.)

(End of Clause)

USMS-0003 Acceleration of Payments to Small Businesses

In order for the United States Marshals Service Payment Office to comply with OMB Memorandum M-11-32, all invoices from any small business must include the following statement of self-certification of its small business status:

15M30020QA3700168 Page 12 of 41

"I hereby certify that ____________________________________________________________ is a small business concern as defined in Federal Acquisition Regulation (FAR) subpart 2.101."

This requirement for certification is in addition to any other invoicing instructions for this contract. Failure to include this certification on invoices may result in delayed payment.

USMS-0004 Representation Regarding Felony Conviction Under Any Federal law or Unpaid Delinquent Tax Liability (Deviation 2012-02) (January 2012)

(a) In accordance with sections 543 and 544 of Title V, Division B of the Further Continuing Appropriations Act, 2012 (Pub. L.

112-55), none of the funds made available by that Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation --

(1) convicted of a felony criminal violation of any Federal law within the preceding 24 months, unless an agency has considered suspension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

(2) with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless an agency has considered suspension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) The offeror represents that, as of the date in this offer --

(1) the offeror is __ is not __ a corporation convicted of a felony criminal violation under any Federal law within the preceding 24 months;

(2) the offeror is __ is not __ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of Provision)

USMS-0010 CONTRACT/ORDER CLOSEOUT - FIXED-PRICE, TIME-AND-MATERIALS, OR LABOR HOURS

Timely contract closeout is a priority under this contract/order. The Contractor shall submit a final invoice within thirty (30) calendar days after the expiration of this contract/order, unless the Contractor requests and is granted an extension by the Contracting Officer, in writing. In addition, and concurrent with the submission of the final invoice, the Contractor shall notify the Contracting Officer of the amount of excess funds that can be deobligated from this contract/order so the closeout process can begin as soon as possible upon expiration of this contract/order. A bilateral contract/order closeout modification will be forwarded to the Contractor by the Contracting Officer and must be signed by the Contractor and returned to the Contracting Officer within thirty (30) calendar days of issuance of the modification. A Contractor’s failure to respond and/or sign the bilateral closeout modification within thirty (30) calendar days of receipt will constitute approval of the terms of the modification and the modification will subsequently be processed unilaterally by the Contracting Officer to deobligate excess funds and close this contract/order.

If this contract/order contains option periods, the Contractor is required to submit an invoice within sixty (60) calendar days after expiration of the base period of performance and the expiration of each exercised option period of performance to allow for deobligation of excess funds that were obligated in those respective periods of performance.

USMS-0012 Contracting Officer's Representative (COR)

CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 2017)

(a) Rich Deagle is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

Phone Number:405.680.3460 E-mail:rich.deagle@usdoj.gov

15M30020QA3700168 Page 13 of 41

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the 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 Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

(End of clause)

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-- Commercial Items (Jan 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 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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Oct 2018) (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).

15M30020QA3700168 Page 14 of 41

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (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].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

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

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

X (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages--Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

15M30020QA3700168 Page 15 of 41

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2019) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

X (29)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

X (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

__ (ii) Alternate I (July 2014) of 52.222-36.

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c) (3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons…