Solicitation Sample MACC WO No.1663495 (003).pdf

NAVAL FACILITIES ENGINEERING COMMAND, WASHINGTON

1013 O Street, SE

Bldg. 166, 1st Floor

Washington, D.C. 20374-5018

POC: Daniel Russell, 202-685-3204, Daniel.russell1@navy.mil

ROOFING Multiple Award Construction Contract

(ROOFING MACC)

NAVFAC WASHINGTON

PROPOSED TASK ORDER:

NRL-Provide Fall Protection (E-Line) Various Bldgs 1,12,43,43A,57,71,97,101,240,A59

DATE OF SOLICITATION: 28 Aug 2020

PLEASE NOTE THIS TASK ORDER IS SET ASIDE FOR THE FOLLOWING ROOFING

CONTRACTORS.

ROOFING MACC CONTRACT HOLDERS:

N40080-18-D-0010

ARROW DJB JV II LLC

8411 Old Marlboro Pike Suite 24-T Room 1

Upper Marlboro, MD 20772-2622

Valerie Noel, Managing Member

800-687-0677, Val@8aArrow.com

David Boo

301-420-7663 OR 202-438-3006

David@djbcontracting.com

Kasay Mardis, Project Manager

Km@8aArrow.com

N40080-18-D-0011

ASTA ROOFING AND CONSTRUCTION LLC

1121 W. Third St.

Winslow, AZ 86047

Tim Young, Owner

928-289-1060 or 928-600-1709 tim.young@astajv.com

Kevin Young, Manager

520-991-7545 kevin.young@astajv.com

N40080-18-D-0012

IRONSHORE CONTRACTING LLC

1000 Haverhill Rd.

Baltimore, MD 21229

Gregory Malcolm, President

443-552-5732 or 410-245-6549 gmalcolm@ironshoregrp.com

John Whyte, Business Development

443-552-5732 or 443-928-1359 jwhyte@ironshoregrp.com

N40080-18-D-0013

EG MANAGEMENT SERVICES, INC.

16 Executive Park Ct.

Germantown, MD 20874

Ravi Vasist, President

301-515-8000 or 240-417-1598 ravi@egmsinc.com

John Victor, Sr. Project Manager

301-515-8000 or 443-875-8707 john@egmsinc.com

N40080-18-D-0014 N40080-18-D-0015

ISLAND CONTRACTING, INC.

ROOFING AND SUSTAINABLE SYSTEMS,

INC. (RSSI Roofing Company)

8905 Kelso Drive

Essex, MD 21221

Mike Keppeler, Chief Operating Officer

(410) 238-0360 ext. 11 or (443) 250-9879 mkeppeler@rssi.us.com

Lindsey Barnaba, Project Manager

(410) 238-0360 ext. 13 or (410) 322-4788 lbarnaba@rssi.us.com

6728 B Industrial Drive

Beltsville, MD 20705

Richard Sank, Vice President

301-345-1767 or 301-266-4420 rsank@islandcontractinginc.net

George Grillo Jr., President

301-345-1767 or 301-806-2184 ggrillojr@islandcontractinginc.net

GENERAL REQUIREMENTS

NAVFAC Solicitation No.: N4008019R4597

NAVFAC Specification Work Order No.: 1627002

Title: NRL-Provide Fall Protection (E-Line) Various Bldgs 1,12,43,43A,57,71,97,101,240,A59

Location of the Work: NRL (Naval Research Laborotory Washington D.C.)

Description of the Work: Take special care to protect Government property. Return areas damaged as a result of construction under this contract to their original condition. In addition to FAR 52.236-9, Protection of

Existing Vegetation, Structures, Equipment, Utilities, and Improvements, perform the following:

a. Remove or alter existing work or facilities in such a manner as to prevent injury or damage to any portion of the existing work or facilities that remain.

b. Repair or replace portions of existing work altered during construction operations to match existing or adjoining work, as approved by the Contracting Officer. At the completion of operations, existing work must be in a condition equal to or better than that which existed before new work started.

c. Preserve the natural resources in accordance with the approved environmental protection plan prepared in accordance with UFGS 01 57 19 Temporary Environmental Controls.

Prior to start of any work the ECATTS trained contractor is required to inspect the work area with the designer of record and government representative to address existing potentially hazardous components as part of the work. The contractor is required to provide a list of hazardous components, locations and quantities that must be addressed as part of the work.

All waste materials shall become the property of the Contractor and shall be transported, disposed of or recycled in accordance with applicable laws and regulation.

Please see the provided Scope of Work (SOW) for more details.

Estimated Budget Amount or Price Range: In accordance with FAR 36.204, Disclosure of the Magnitude of

Construction Projects, the estimated price of this construction project is BETWEEN $1,000,000.00 and

$5,000,000.00.

NAICS CODE: 238160 – Roofing Contractors

Time for Completion: In accordance with FAR 52.211-10 Commencement, Prosecution, and Completion of

Work, the Government desires completion of construction within 360 calendar days after award (includes 15 calendar days for submission and approval of bonds and insurance).

Wage Determination: Department of Labor (DoL) General Decision Number WD Number:

DC20200002 08/07/2020

applies to this work. Should this wage determination be modified by DoL prior to award, the most current wage determination will be incorporated at the time of award.

Liquidated Damages: In accordance with FAR 52.211-12 Liquidated Damages – Construction, Liquidated

Damages will be $373.64 per day.

Utilities: In accordance with NFAS 5252.236-9305 Availability of Utilities, when available, the Government will provide reasonable amounts of electric, water and compressed air for the work to be performed under this contract at no cost to the contractor.

Record Shop Drawings: In accordance with FAR 52.236.21 Specifications and Drawings for Construction and

NFAS 5252.236-9310 Record Drawings, record shop drawings are required. Reproducible copies of these record drawings are also required. Contractor shall follow FC 1-300-9N submission requirement.

Basis for Award: This task order will be awarded on a fair opportunity basis pursuant to FAR 16.505 ordering procedures. The basis for award will be Lowest Price Acceptable (LP).

Bond Requirements: In accordance with NFAS 5252.228-9302 Bid Guarantee, each offeror shall submit with its offer a guarantee bond (Standard Form 24) in a penal sum equal to at least 20 percent of the largest amount for which award can be made under the offer submitted, but in no case to exceed $3,000,000. In accordance with

NFAS 5252.228-9305 Notice of Bonding Requirements, Performance and Payment Bonds are required from the awardee fifteen (15) calendar days after date of award.

Proposal Acceptance Period: Proposal acceptance period shall be 120 days from receipt of offers.

OFFERORS ARE ADVISED THAT FUNDING MAY NOT BECOME AVAILABLE. IF FUNDS ARE NOT

AVAILABLE, NO AWARD WILL BE MADE AS A RESULT OF THIS SOLICITATION. OFFERORS WILL

NOT BE REIMBURSED FOR ANY EFFORT OR PROPOSAL COSTS RESULTING FROM THIS

SOLICITATION.

Site Visit: The site visit will take place on 9/1/2020 at 1PM

Request for Information (RFIs): RFIs are due 9/2/2020 by 1:00 PM

RFI Responses are due by 9/7/2020

Proposal Due Date: 9/11/2020 no later than 2:00 pm (EST). LATE PROPOSALS WILL NOT BE

CONSIDERED.

The proposal shall be submitted via email to the Contract Specialist, Daniel Russell (daniel.russell1@navy.mil).

Proposals that are hand-delivered, faxed, or sent via FedEx will NOT be accepted.

Please allow SUFFICIENT TIME for your proposal to be received prior to the proposed closing date/time.

All proposals must be received prior to the due date and time. Any proposals submitted after the time set for receipt will be stamped with the date and hour of receipt. The file shall be documented in accordance with FAR

15.208 (h).

Please review your MACC award document for guidance on contract clauses and requirements that may pertain to this order. You are responsible to adhere to all applicable clauses, even if they are not restated in this RFP package or the task order award document. For clarification on any clause or other contractual issue please contact

Jasmine M. Bowens.

Fair Opportunity:

This request is conducted under the fair opportunity guidelines of FAR 16.505(b), which outlines the ordering procedures for orders issued under multiple-award contracts. Award will be based on a determination of Lowest

Price (LP). “LP” is the evaluation factors that establish the requirements of acceptability shall be set forth in the solicitation. Solicitations will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

This method does not use any aspects of FAR subpart 15.3. The use of this fair opportunity process does not obligate the government to determine a competitive range, conduct discussion with any contractors, solicit proposals or revisions thereto, or use any other source selection techniques associated with FAR subpart 15.3.

EVALUATION FOR AWARD

Basis for Award. Award will be made to one responsible offeror whose offer, conforming to the solicitation, represents the best overall value to the Government. Proposals will be evaluated based upon the Lowest Price

Acceptable and Past Performance (LP). The Government reserves the right to reject any or all proposals at any time prior to award, to negotiate with any or all Offerors, and to award to the Offeror submitting the proposal determined by the Government to be the most advantageous based on LP.

Award. As a result of this solicitation, the one responsible offeror determined to represent the best overall value to the Government will receive award of a task order under the offeror’s ROOFING.

Factor I: Price

Solicitation Submittal Requirements: Price Schedule and acknowledgement of amendment(s).

Basis of Evaluation: The Government will evaluate offers on the base and option. Price Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

Comparison of proposed prices received in response to the RFP.

Comparison of proposed prices with the IGCE.

Comparison of proposed prices with available historical information.

Comparison of market survey results.

Price proposals will be evaluated for reasonableness and realism considering the requirements of the RFP and the offeror’s proposal.

Basis of Evaluation: Each offeror’s past performance will be evaluated separately. Upon the conclusion of the evaluation of the and past performance, an overall non-price factor rating of Acceptable (A) or Unacceptable

(U) will be assigned to each offeror’s non-price factors proposal. An overall non-price factor rating must be at least “Acceptable” in order to be eligible for award. Acceptiable shall meet the complexity of scope proposed.

It incumbent of contractor to provide a sample project that’s meets requirments of proposed scope. An

“Unacceptable” rating in any factor results in the overall non-price being rated “Unacceptable”. A marginal or unsatisfactory rating may result in an overall rating of UNACCEPTABLE.

Factor II: Specialized Past Performance

(a) Solicitation Submittal Requirements: The coontractor should have experience within the past 5 years of complete demolition of multi-story (3-plus) Buildings/Structures in confined space. Contractor should show experience working with Federal and local government permitting agencies and design of surface level parking lots.

Please provide evidence for this experience. If additional past performance information is needed, the

Government may request you or your customer to submit past performance questionnaires for evaluation.

(b) Basis of Evaluation: Each offeror’s past performance will be evaluated separately. Upon the conclusion of the evaluation of the and past performance, an overall non-price factor rating of Acceptable (A) or

Unacceptable (U) will be assigned to each offeror’s non-price factors proposal. An overall non-price factor rating must be at least “Acceptable” in order to be eligible for award. An “Unacceptable” rating in any factor results in the overall non-price being rated “Unacceptable”. A marginal or unsatisfactory rating may result in an overall rating of UNACCEPTABLE.

1. Past Performance shall be evaluated when using the LP process, unless waived by the PCO in accordance with FAR 15.101-2(b). Past performance will be rated on an “acceptable” or “unacceptable” basis using the ratings in the following table:

Table A-1. Past Performance Evaluation Ratings

Rating Description

Acceptable (A)

Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.)

Unacceptable (U)

Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Factor III – Technical/Execution Solution:

(1) Solicitation Submittal Requirements:

Provide a separate technical narrative for the base and all options if applicable, describing the technical solution to the project that meets the requirements of the RFP. Also describe how the contractor plans to execute the project to cause minimum impact to base operation, including timing and schedule. This includes detail about required material, capacity loads and level & dimensions as required by the RFP, UFC and other applicable regulations and feasible to the current work space.

Narrative shall not exceed four (4) double sided pages or eight (8) single-sided pages in total .

(b) Basis of Evaluation:

The Government will evaluate the narrative and considering the extent to which the Offeror demonstrates a clear understanding of the architectural and engineering requirements of the project and technical requirements of the RFP. Failure to address any of the areas mentioned above will result in unacceptable rating.

ATTACHMENTS:

ATTACHMENT A – Price Schedule (included in solicitation)

ATTACHMENT B- Davis Bacon Act (included in solicitation)

ATTACHMENT C – Scope of Work (SOW)

CONTRACT CLAUSES

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984)

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the Notice of Award, (b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 450 calendar days from Notice of Award.

The time stated for completion shall include final cleanup of the premises.

(End of clause)

SUBPART 11.5—LIQUIDATED DAMAGES

11.502 Procedures.

(a) The appropriate liquidated damage rate(s) shall be provided by the business line with the initial technical requirement and shall include information on the basis of the rate. This information must be retained in the contract file.

(b) If multiple completion dates are specified, the appropriate liquidated damages rate for each completion date shall be provided by the business line with the technical requirement and shall include information on the basis of each rate. If multiple deliverables are specified, the appropriate liquidated damages rate per day per deliverable shall be provided by the business line with the technical requirement and shall include information on the basis of each rate, which shall be retained in the contract file.

(c) The final invoice shall include either the statement: "The contract was completed within the contract time and no liquidated damages are assessed," or be annotated to show the contract completion date, the actual date of completion, the number of days for which liquidated damages are assessed, the rate per day of liquidated damages and the total amount of liquidated damages assessed by modification for late performance.

(d) Assessment of liquidated damages shall be through issuance of a unilateral modification.

252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991)

(a) The Contractor shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless—

(1) The Contracting Officer has given prior written approval; or

(2) The information is otherwise in the public domain before the date of release.

(b) Requests for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least 45 days before the proposed date for release.

(c) The Contractor agrees to include a similar requirement in each subcontract under this contract.

Subcontractors shall submit requests for authorization to release through the prime contractor to the

Contracting Officer.

52.211-18 -- Variation in Estimated Quantity

As prescribed in 11.703(c), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated that authorizes a variation in the estimated quantity of unit-priced items:

Variation in Estimated Quantity (Apr 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above

115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the

Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

(End of Clause) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/11.htm#P267_45716

52.217-5 -- Evaluation of Options

As prescribed in 17.208(c), insert a provision substantially the same as the following: This project does not contain option.

Evaluation of Options (Jul 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the

Government to exercise the option(s).

(End of Provision)

5252.228-9305 Notice of Bonding Requirements. As prescribed in 28.102-3-100(a), insert the following clause:

NOTICE OF BONDING REQUIREMENTS (DEC 2000)

(a) Within 15 days after receipt of award, the bidder/offeror to whom the award is made shall furnish the following bond(s) each with satisfactory security:

X A Performance Bond (Standard Form 25). The performance bond shall be in a penal sum equal to 100% percent of the contract price.

X A Payment Bond (Standard Form 25A). The payment bond shall be in a penal sum equal to 100% of the contract price.

(b) Any surety company holding a certificate of authority from the Secretary of Treasury as an acceptable Surety on Federal bonds will be accepted. Individual sureties will be permitted as prescribed in FAR 28.203 and FAC 5252.228-9300. Alternative types of security in lieu of furnishing sureties on performance and/or payment bonds will be permitted as prescribed in FAR

28.204, and will be held for at least one year after the completion of the contract. Additional bond security may be required as prescribed in FAR 52.228-2. Bonds shall be accompanied by a document authenticating the agent’s authority to sign bonds for the surety company.

(c) The contract time for purposes of fixing the completion date, default, and liquidated damages shall begin to run 1 day from the date of award, regardless of when performance and payment bonds or deposits in lieu of surety are executed. (End of clause)

ALTERNATE I – As prescribed in 28.102-3-100(b), for indefinite quantity solicitations, substitute

"contract price" in the basic provision with "the price payable for the contract guaranteed minimum for the basic indefinite quantity contract award or the task order price for each subsequent task order award".

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/17.htm#P185_30868

ALTERNATE II - As prescribed in 28.102-3-100(d), for requirements solicitations, substitute

"contract price" in the basic provision with "the price payable for the estimated quantity".

DFAR 252.227-7023, DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF

THE GOVERNMENT (MAR 1979)

All designs, drawings, specifications and other works developed in the performance of this contract shall become the sole property of the Government and may be used on any other design or construction without additional compensation to the contractor. The Government shall be considered the "person for whom the work was prepared" for the purpose of authorship in any copyrightable work under 17 U.S.C.201(b). With respect thereto, the contractor agrees not to assert to authorize others to assert any rights nor establish any claim under the design patent or copyright laws. The Contractor, for a period of three (3) years after completion of the project agrees to furnish all retained works on the request of the Contracting Officer. Unless otherwise provided in this contract, the contractor shall have the right to retain copies of all works beyond such period.

5252.242-9305 Pre-Performance Conference. As prescribed in 42.570-100(b), PRE-PERFORMANCE CONFERENCE (JUL 1995)

Within 15 days of contract award, prior to commencement of the work, the Contractor will meet in conference with representatives of the Contracting Officer, at a time to be determined by the

Contracting Officer, to discuss and develop mutual understanding relative to scheduling and administering work.

5252.209-9300 Organizational Conflicts of Interest.

ORGANIZATIONAL CONFLICTS OF INTEREST (JUN 1994)

The restrictions described herein shall apply to the Contractor and its affiliates, consultants and subcontracts under this contract. If the Contractor under this contract prepares or assists in preparing a statement of work, specifications and plans, the Contractor and its affiliates shall be ineligible to bid or participate, in any capacity, in any contractual effort which is based on such statement of work or specifications and plans as a prime contractor, subcontractor, consultant or in any similar capacity. The Contractor shall not incorporate its products or services in such statement of work or specification unless so directed in writing by the Contracting Officer, in which case the restriction shall not apply. This contract shall include this clause in its subcontractor's or consultants' agreements concerning the performance of this contract.

5252.242-9300 Government representatives.

GOVERNMENT REPRESENTATIVES (OCT 1996)

The contract will be administered by an authorized representative of the Contracting Officer. In no event, however, will any understanding or agreement, modification, change order, or other matter deviating from the terms of the contract between the Contractor and any person other than the Contracting Officer be effective or binding upon the Government, unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of this contract.

The authorized representative as indicated hereinafter:

X The Contracting Officer’s Representative (COR) will be designated by the Contracting

Officer as the authorized representative of the Contracting Officer. The COR is responsible for monitoring performance and the technical management of the effort required hereunder, and should be contacted regarding questions or problems of a technical nature.

X The designated Contract Specialist will be the Administrative Contracting Officer's representative on all other contract administrative matters. The Contract Specialist should be contacted regarding all matters pertaining to the contract or task/delivery orders.

_______The designated Property Administrator is the Administrative Contracting Officer's representative on property matters. The Property Administrator should be contacted regarding all matters pertaining to property administration.

52.222-62 Paid Sick Leave Under Executive Order 13706.

As prescribed at 22.2110:

Paid Sick Leave Under Executive Order 13706 (JAN 2017)

(a) Definitions. As used in this clause (in accordance with 29 CFR 13.2)--

“Child, domestic partner, and domestic violence” have the meaning given in 29 CFR 13.2.

“Employee”—

(1)

(i) Means any person engaged in performing work on or in connection with a contract covered by

Executive Order (E.O.) 13706; and

(A) Whose wages under such contract are governed by the Service Contract Labor Standards statute (41 U.S.C. chapter 67), the Wage Rate Requirements (Construction) statute (40 U.S.C.

chapter 31, subchapter IV), or the Fair Labor Standards Act (29 U.S.C. chapter 8);

(B) Including employees who qualify for an exemption from the Fair Labor Standards Act's minimum wage and overtime provisions;

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer; and

(ii) Includes any person performing work on or in connection with the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of

Labor's Employment and Training Administration, Office of Apprenticeship, or with a State

Apprenticeship Agency recognized by the Office of Apprenticeship.

(2)

(i) An employee performs ``on'' a contract if the employee directly performs the specific services called for by the contract; and

(ii) An employee performs ``in connection with'' a contract if the employee's work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

“Individual related by blood or affinity whose close association with the employee” is the equivalent of a family relationship has the meaning given in 29 CFR 13.2.

“Multiemployer plan” means a plan to which more than one employer is required to contribute and which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer.

“Paid sick leave” means compensated absence from employment that is required by E.O. 13706 and 29 CFR part 13.

“Parent, sexual assault, spouse, and stalking” have the meaning given in 29 CFR 13.2.

“United States” means the 50 States and the District of Columbia.

(b) Executive Order 13706.

(1) This contract is subject to E.O. 13706 and the regulations issued by the Secretary of Labor in

29 CFR part 13 pursuant to the E.O.

(2) If this contract is not performed wholly within the United States, this clause only applies with respect to that part of the contract that is performed within the United States.

(c) Paid sick leave. The Contractor shall--

(1) Permit each employee engaged in performing work on or in connection with this contract to earn not less than 1 hour of paid sick leave for every 30 hours worked;

(2) Allow accrual and use of paid sick leave as required by E.O. 13706 and 29 CFR part 13;

(3) Comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which are incorporated by reference in this contract;

(4) Provide paid sick leave to all employees when due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account;

(5) Provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken; and

(6) Be responsible for the compliance by any subcontractor with the requirements of E.O. 13706, 29 CFR part 13, and this clause.

(d) Contractors may fulfill their obligations under E.O. 13706 and 29 CFR part 13 jointly with other contractors through a multiemployer plan, or may fulfill their obligations through an individual fund, plan, or program (see 29 CFR 13.8).

(e) Withholding. The Contracting Officer will, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this or any other Federal contract with the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of E.O. 13706, 29

CFR part 13, or this clause, including--

(1) Any pay and/or benefits denied or lost by reason of the violation;

(2) Other actual monetary losses sustained as a direct result of the violation; and

(3) Liquidated damages.

(f) Payment suspension/contract termination/contractor debarment.

(1) In the event of a failure to comply with E.O. 13706, 29 CFR part 13, or this clause, the contracting agency may, on its own action or after authorization or by direction of the

Department of Labor and written notification to the Contractor take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(2) Any failure to comply with the requirements of this clause may be grounds for termination for default or cause.

(3) A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 13.52.

(g) The paid sick leave required by E.O. 13706, 29 CFR part 13, and this clause is in addition to the Contractor's obligations under the Service Contract Labor Standards statute and Wage Rate

Requirements (Construction) statute, and the Contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those Acts for any paid sick leave provided in satisfaction of the requirements of E.O. 13706 and 29 CFR part 13.

(h) Nothing in E.O. 13706 or 29 CFR part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights than those established under E.O. 13706 and 29 CFR part 13.

(i) Recordkeeping.

(1) The Contractor shall make and maintain, for no less than three (3) years from the completion of the work on the contract, records containing the following information for each employee, which the Contractor shall make available upon request for inspection, copying, and transcription by authorized representatives of the Administrator of the Wage and Hour Division of the

Department of Labor:

(i) Name, address, and social security number of each employee.

(ii) The employee's occupation(s) or classification(s).

(iii) The rate or rates of wages paid (including all pay and benefits provided).

(iv) The number of daily and weekly hours worked.

(v) Any deductions made.

(vi) The total wages paid (including all pay and benefits provided) each pay period.

(vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required under 29 CFR 13.5(a)(2).

(viii) A copy of employees' requests to use paid sick leave, if in writing, or, if not in writing, any other records reflecting such employee requests.

(ix) Dates and amounts of paid sick leave taken by employees (unless the Contractor's paid time off policy satisfies the requirements of E.O. 13706 and 29 CFR part 13 as described in 29 CFR

13.5(f)(5), leave shall be designated in records as paid sick leave pursuant to E.O. 13706).

(x) A copy of any written responses to employees' requests to use paid sick leave, including explanations for any denials of such requests, as required under 29 CFR 13.5(d)(3).

(xi) Any records reflecting the certification and documentation the Contractor may require an employee to provide under 29 CFR 13.5(e), including copies of any certification or documentation provided by an employee.

(xii) Any other records showing any tracking of or calculations related to an employee's accrual or use of paid sick leave.

(xiii) The relevant contract.

(xiv) The regular pay and benefits provided to an employee for each use of paid sick leave.

(xv) Any financial payment made for unused paid sick leave upon a separation from employment intended, pursuant to 29 CFR 13.5(b)(5), to relieve the Contractor from the obligation to reinstate such paid sick leave as otherwise required by 29 CFR 13.5(b)(4).

(2)

(i) If the Contractor wishes to distinguish between an employee's covered and noncovered work, the Contractor shall keep records or other proof reflecting such distinctions. Only if the

Contractor adequately segregates the employee's time will time spent on noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. Similarly, only if the

Contractor adequately segregates the employee's time may the Contractor properly refuse an employee's request to use paid sick leave on the ground that the employee was scheduled to perform noncovered work during the time he or she asked to use paid sick leave.

(ii) If the Contractor estimates covered hours worked by an employee who performs work in connection with contracts covered by the E.O. pursuant to 29 CFR 13.5(a)(1)(i) or (iii), the

Contractor shall keep records or other proof of the verifiable information on which such estimates are reasonably based. Only if the Contractor relies on an estimate that is reasonable and based on verifiable information will an employee's time spent in connection with noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. If the

Contractor estimates the amount of time an employee spends performing in connection with contracts covered by the E.O., the Contractor shall permit the employee to use his or her paid sick leave during any work time for the Contractor.

(3) In the event the Contractor is not obligated by the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, or the Fair Labor Standards Act to keep records of an employee's hours worked, such as because the employee is exempt from the Fair

Labor Standards Act's minimum wage and overtime requirements, and the Contractor chooses to use the assumption permitted by 29 CFR 13.5(a)(1)(iii), the Contractor is excused from the requirement in paragraph (i)(1)(iv) of this clause and 29 CFR 13.25(a)(4) to keep records of the employee's number of daily and weekly hours worked.

(4)

(i) Records relating to medical histories or domestic violence, sexual assault, or stalking, created for purposes of E.O. 13706, whether of an employee or an employee's child, parent, spouse, domestic partner, or other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, shall be maintained as confidential records in separate files/records from the usual personnel files.

(ii) If the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008

(GINA), section 503 of the Rehabilitation Act of 1973, and/or the Americans with Disabilities

Act (ADA) apply to records or documents created to comply with the recordkeeping requirements in this contract clause, the records and documents shall also be maintained in compliance with the confidentiality requirements of the GINA, section 503 of the Rehabilitation

Act of 1973, and/or ADA as described in 29 CFR 1635.9, 41 CFR 60-741.23(d), and 29 CFR

1630.14(c)(1), respectively.

(iii) The Contractor shall not disclose any documentation used to verify the need to use 3 or more consecutive days of paid sick leave for the purposes listed in 29 CFR 13.5(c)(1)(iv) (as described in 29 CFR 13.5(e)(1)(ii)) and shall maintain confidentiality about any domestic abuse, sexual assault, or stalking, unless the employee consents or when disclosure is required by law.

(5) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours.

(6) Nothing in this contract clause limits or otherwise modifies the Contractor's recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate

Requirements (Construction) statute, the Fair Labor Standards Act, the Family and Medical

Leave Act, E.O. 13658, their respective implementing regulations, or any other applicable law.

(j) Interference/discrimination.

(1) The Contractor shall not in any manner interfere with an employee's accrual or use of paid sick leave as required by E.O. 13706 or 29 CFR part 13. Interference includes, but is not limited to--

(i) Miscalculating the amount of paid sick leave an employee has accrued;

(ii) Denying or unreasonably delaying a response to a proper request to use paid sick leave;

(iii) Discouraging an employee from using paid sick leave;

(iv) Reducing an employee's accrued paid sick leave by more than the amount of such leave used;

(v) Transferring an employee to work on contracts not covered by the E.O. to prevent the accrual or use of paid sick leave;

(vi) Disclosing confidential information contained in certification or other documentation provided to verify the need to use paid sick leave; or

(vii) Making the use of paid sick leave contingent on the employee's finding a replacement worker or the fulfillment of the Contractor's operational needs.

(2) The Contractor shall not discharge or in any other manner discriminate against any employee for--

(i) Using, or attempting to use, paid sick leave as provided for under E.O. 13706 and 29 CFR part 13;

(ii) Filing any complaint, initiating any proceeding, or otherwise asserting any right or claim under E.O. 13706 and 29 CFR part 13;

(iii) Cooperating in any investigation or testifying in any proceeding under E.O. 13706 and 29

CFR part 13; or

(iv) Informing any other person about his or her rights under E.O. 13706 and 29 CFR part 13.

(k) Notice. The Contractor shall notify all employees performing work on or in connection with a contract covered by the E.O. of the paid sick leave requirements of E.O. 13706, 29 CFR part 13, and this clause by posting a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by employees. Contractors that customarily post notices to employees electronically may post the notice electronically, provided such electronic posting is displayed prominently on any Web site that is maintained by the

Contractor, whether external or internal, and customarily used for notices to employees about terms and conditions of employment.

(l) Disputes concerning labor standards. Disputes related to the application of E.O. 13706 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part

13. Disputes within the meaning of this contract clause include disputes between the Contractor

(or any of its subcontractors) and the contracting agency, the Department of Labor, or the employees or their representatives.

(m) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (m), in all subcontracts, regardless of dollar value, that are subject to the Service

Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

As prescribed in 204.7304(c):

SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (OCT 2016)

(a) Definitions. As used in this clause—

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Covered contractor information system” means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

“Covered defense information” means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is—

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

“Malicious software” means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

‘‘Operationally critical support’’ means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

“Rapidly report” means within 72 hours of discovery of any cyber incident.

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data—

Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

(1) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government, the following security requirements apply:

(i) Cloud computing services shall be subject to the security requirements specified in the clause

252.239-7010, Cloud Computing Services, of this contract.

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and

Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified

Information in Nonfederal Information Systems and Organizations” (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than

December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the

Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

(C) If the DoD CIO has previously adjudicated the contractor’s requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management

Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor’s ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall—

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts.

This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx.

(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD

Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting

Officer. Do not send the malicious software to the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the…