Amendment_02_-_Combined_Synopsis_Solicitation_-_Lights_and_Sirens.docx

DEPARTMENT OF THE ARMY

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

Joint Base MDL, NEW JERSEY 08640 Combined Synopsis/Solicitation # W15QKN-19-Q-0095

I) INTRODUCTION

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.

The Army Contracting Command - New Jersey (ACC- NJ) Information Technology Center, on behalf of the USA Protective Services Battalion has a requirement for the purchase, installation and removal of lights, sirens and other emergency equipment for 10 vehicles per year. Specific requirements are described, within this document, in the Performance Work Statement (PWS) dated 26 August 2019. This requirement will be solicited as a Women-Owned Small Business Set-Aside. The associated North American Industry Classification System code is 811198; the Product Service Code is N025.

All proposals shall contain the minimum information required under FAR 52.212-1, Instructions to Offerors, Commercial Items to include its associated addendum (see section II of this document). All proposals received in response to this combined synopsis/solicitation will be evaluated in accordance with section III of this document, 52.212-2 Evaluation-Commercial Items (Modified). Your proposal, in accordance with FAR 52.212-3 Offeror Representations and Certifications, Commercial Items, shall list your DUNS number, CAGE code, Company name, Point of Contact, and phone number. If you need to obtain or renew a DUNS number or CAGE code, please visit the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/. Lack of registration in the SAM database will make an offeror ineligible for award. The offeror must also be registered in Wide Area Work Flow to receive payment through electronic funds transfer. If you are not currently registered, please visit the following website https://wawf.eb.mil/ to complete your registration.

The anticipated award will be a Firm Fixed-Price Contract with Cost Reimbursement – No Fee Contract Line Item Numbers (CLINs) for maintenance and replacement parts. Offerors must submit quotes on the full quantity identified. The Contracting Officer reserves the right to make no award of this RFQ.

II) 52.212-1 INSTRUCTIONS TO OFFERORS (ADDENDUM)

1. All questions shall be in writing. Questions may be emailed to Din Boljevic at Medin.Boljevic.civ@mail.mil.

2. All offers shall be in writing. Quotes / offers must be emailed to Din Boljevic at Medin.Boljevic.civ@mail.mil. Quotes are due no later than 1:00 PM Eastern DST on 054 September 2019. Responses should be marked with Solicitation Number W15QKN-19-Q-0095 on both the quote and in the subject line of the email.

3. The proposal must include the following information for evaluation:

a. Technical:

i. Facility capability information.

ii. Location of the facility and its proximity to Ft. Belvoir, VA (see PWS 1.5).

iii. Proof of the offeror’s certification for wiring vehicle electronic equipment (see PWS 1.7)

iv. Pricing and pictures of the emergency equipment (see PWS 3.2)

v. An assessment of how quickly (in days) the facility can complete the equipment installation required by PWS 4.1.1.

vi. A fixed fully burdened labor rate for periodic maintenance (see CLINs 0004, 1004, & 2004 and PWS 4.8.)

vii. Subcontracting agreements (if any); and

viii. Completed solicitation terms and conditions.

b. Past Performance: Relevant (within 3 years) past or present performance for two similar requirements. At a minimum provide the customer’s name, POC, contract number, total price, and period of performance. If the Quoter/Offeror has no relevant and/or similar past performance please state so in your quote/offer.

c. Price: Pricing must be submitted for each CLIN and in the in the proper format. The proper format consists of QUANTITY * UNIT AMOUNT = TOTAL AMT. In the event there is a difference between a unit price and the extended total, the unit price will be held to the intended price. If the Quoter/Offeror shows only the total price but fails to enter a unit price, the total divided by the estimated quantity will be held to be the intended price. CLIN pricing should be all inclusive of labor, labor burden, other direct cost (material, equipment, fees, licenses, etc), G&A, profit, taxes, fees, gratuities, commissions, services charges, etc. See section IV of this document for the pricing schedule.

d. Offerors that are a third party (brokers) should include the additional information requested in paragraph 4 below. Failure to provide this information with your quote shall deem your quote non-responsive.

4. For a proposal submitted by an offeror that is not the installation shop (i.e. a third party or broker), the offeror must submit with their technical proposal, for evaluation, a description of the offeror’s technical approach for providing the requested services as the prime contractor.

5. The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items necessary to perform the contract.

6. An offeror may only submit one offer/quote. If more than one is submitted the offeror will not be eligible for contract award.

7. If any section of this addendum conflicts with FAR Clause 52.212-1, the addendum shall take precedence.

III) 52.212-2 EVALUATION-COMMERCIAL ITEMS (MODIFIED)

(a) The Government will award a contract resulting from this solicitation to the responsive* responsible** offeror whose offer/quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government intends to award a single contract to an offeror whose proposal is determined to be the lowest priced technically acceptable based on the following evaluation factors:

1. Technical - Technical Capability will be evaluated to determine the likelihood that the Government’s requirements in the PWS can be achieved, and the Offeror’s response to the technical submission requirements listed in section II(3.)(a.) of this document.

1. Past Performance - The Government will review the past performance information provided by the offeror, the information in the Past Performance Information Retrieval System (PPIRS), and any other past performance information independently uncovered. The Government will first determine if the past performance information is relevant to the instant action (similar in size, nature and complexity) and is recent (within the last three years).

1. Price - Price will be evaluated to determine if the offerors proposed price is fair, reasonable, and balanced using price analysis techniques in accordance with the guidelines in FAR 15.404-1(b). Unreasonably high or unrealistically low proposed prices may be grounds for eliminating a proposal from consideration.

(b) The offeror must provide information in sufficient detail to permit a complete and accurate evaluation of the previous factors. All non-priced factors will be evaluated on an “Acceptable” or “Unacceptable” basis. The factors identify the minimum requirements that are key to successful contract performance. An offeror must receive an “Acceptable” rating for all non-price factors to be considered for award. All offerors that are given an “Acceptable” rating on both technical and past performance will then be evaluated on price.

Technical Acceptable/Unacceptable Ratings

Past Performance Evaluation Ratings

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(d) The contractor’s offer shall remain valid for 60 days.

* Responsive is defined as a complete (conforms to all requirements outlined in this RFQ) offer/quote received before the closing date found on page one of this document.

**Responsibility is determined in accordance with FAR Part 9.

IV) SUPPLIES OR SERVICES PRICING SCHEDULE

CLIN

Supplies/Services

Quantity

Unit

Unit Price

Total Price

Base Period Equipment + Installation (PWS 4.1.1)

LO

Tints + Installation (PWS 4.2)

LO

Removal of Equipment (PWS 4.7)

LO

Maintenance – Provide a fixed fully burdened labor rate for periodic maintenance. (PWS 4.8) (Cost reimbursement no Fee)

LO

$3,000 NTE

Replacement Equipment (PWS 3.2) (Cost reimbursement no Fee)

LO

$5,000 NTE

Contract Manpower Reporting (PWS 8.0)

LO

**NSP**

Option Period 01 Equipment + Installation (PWS 4.1.1)

LO

Tints + Installation (PWS 4.2)

Removal of Equipment (PWS 4.7)

LO

Maintenance – Provide a fixed fully burdened labor rate for periodic maintenance. (PWS 4.8) (Cost reimbursement no Fee)

LO

Replacement Equipment (PWS 3.2) (Cost reimbursement no Fee)

LO

Contract Manpower Reporting (PWS 8.0)

LO

Option Period 02 Equipment + Installation (PWS 4.1.1)

LO

Tints + Installation (PWS 4.2)

Removal of Equipment (PWS 4.7)

LO

Maintenance – Provide a fixed fully burdened labor rate for periodic maintenance. (PWS 4.8) (Cost reimbursement no Fee)

LO

Replacement Equipment (PWS 3.2) (Cost reimbursement no Fee)

LO

Contract Manpower Reporting (PWS 8.0)

LO

V) INSPECTION AND ACCEPTANCE:

Supplies/services will be inspected/accepted at:

VI) PERFORMANCE WORK STATEMENT (PWS)

Performance Work Statement (PWS) Vehicle Emergency Equipment: Purchase, Installation, Part Replacements and Removal of Vehicle Police Lights, Siren and Other Emergency Equipment.

27 August 2019

1.0 Scope. This PWS provides the description and specifications for a Firm Fixed Price contract with Cost Reimbursement – No Fee Contract Line Item Numbers (CLINs) for Replacement Parts, for the purchase, installation and removal of lights, siren and other emergency equipment for 10 vehicles per year. The period of performance shall consist of a twelve month base period with two twelve month option periods. The fleet is primarily sport utility vehicles. Equipment must be installed in a manner which does not damage the vehicles as it must be removed at the end of the vehicle life-cycle. The equipment must be installed as inconspicuously as possible. Proximity of the contractor location and turn-around times are critical as downtime and loss of man-hours in transporting vehicles to and from the contractor site will negatively impact the mission. The contract is not classified, however, it is for official use only and law enforcement sensitive, therefore contractors shall follow instructions in this PWS and the corresponding DD Form 254 instructions.

1.1 Hours of Operation: The contractor is responsible for conducting work between the hours of 0800-1700 Monday thru Friday except Federal holidays. Work will be conducted at the contractor’s location. Equipment installment, to include testing shall be completed not more than two (3) days after a vehicle is delivered to the contractor. Recognized Holidays are:

1.2 Period of Performance: The period of performance shall be for a base of 12 months and two (2) 12 month option periods beginning 27 September 2019 through 26 September 2022.

1.3 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract.

1.4 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.5 Place of performance: The contractor shall be located and able to perform work within a 15 mile radius of Ft. Belvoir, VA. Vehicles must remain at the contractor location for the duration of all work.

1.6 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property that is provided to the contractor.

1.7 Special Qualifications: Contractor personnel must be certified in the wiring of electronics for any equipment that would need to be added to the emergency vehicles. They shall have the ability to trouble shoot and if possible fix non-functioning equipment. The contractor is responsible for ensuring all employees installing, replacing or removing equipment as part of this contract possess and maintain current certifications.

1.8 Contract Manager or other primary Point of Contact (POC). The Contractor shall provide a Contract Manager who shall be responsible for the performance of the provided service or work. The name of this person and an alternate(s) who shall act for the Contractor when the Contract Manager is absent and shall be designated in writing to the Contracting officer at least 5 days prior to contract performance. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

2.0 Background: Department of Defense and Army policy provides for specific vehicle equipment in support of various law enforcement functions.

3.0 Contractor Tasks and Responsibilities:

3.1 The contractor shall provide all labor, material, equipment, resources, options, and research associated with performing contract tasks and requirements related to the installation, testing, repair, replacement parts and removal of the equipment including perusing/acquiring any warrantied items.

3.2 The contractor shall provide the Government a binder with prices, pictures and specifications of all required equipment and related products.

3.3 The contractor shall provide equal product replacements or substitutions for warranty items only as approved by the Contracting Officer Representative (COR) and/or the Contracting Officer (KO).

3.4 The contractor shall be responsible for repair of any damage caused to the vehicle during installation, testing and or removal of equipment.

3.5 The contractor shall be responsible for any damage to vehicles while under contractor control or on contractor premises/facilities.

3.6. Vehicles shall not be parked/stored in areas open to the public. Vehicles must be garaged when at the contractor facility overnight.

4.0 Design and Delivery Requirements: The contractor shall use undercover equipment, inconspicuously installed as follows:

4.1 Install emergency lights, sirens and other equipment. To prevent damage to the vehicles, maximum use of automotive grade adhesive mounting that holds lights securely in place shall be used in lieu of drilling. Drilling of holes in the vehicles must be kept to a minimum.

4.1.1 Install and mount as follows on ten (10) SUVs per year:

4.1.1.1 SAE Class 1 Rated LED Red/Blue:

a. Grill (Wig-wag) x3 per vehicle

b. Light-bar (Interior Top Windshield) (Glare Guard) X1 per vehicle

c. Light-bar (Interior Top Rear Window) x1 per vehicle

d. Light-bar (Interior Rear Right/Left Side Cargo Windows) x2 per vehicle

4.1.1.2 SAE Class I Rated Clear LED/Wig-wag/Strobe Insert:

a. Head Lights (High bean wig-wag) x2 per vehicle

b. Tail Lights (Reverse light wig-wag) x2 per vehicle

c. Under Mirror (180 degree strobe) x2 per vehicle

4.1.1.3 SAE Class I Corner Surface Mounted Red/Blue LED

a. Fog Lights (180 degree strobe) x2 per vehicle

b. Wheel Panel (Front/Rear/Left/Right 180 degree) x4 per vehicle

c. Running Boards (Left and Right Corner LEDs) x4 per vehicle

4.1.1.4 SAE Class A Rated Siren/PA

a. 100 watt Speaker, siren, and PA system with an integrated handheld microphone control head. The handheld shall be mounted on the dash or arm rest as prescribed by task order. Remote multi-function siren and PA system mounted in the trunk/rear cargo area, x1 per vehicle (Program: 1-Back lights only, 2-front lights only, 3-All lights, 4-Siren). X 1 per vehicle.

b. 100 watt Speaker, siren, and PA system with a flush mounted console control head handheld PA microphone. (Program: 1-Back lights only, 2-front lights only, 3-All lights, 4-Siren). X1 per vehicle.

4.2 Install 7 Panel Law Enforcement Tint on two (2) specifically designated.

4.3 Install all mounts, brackets, accessories, wires, cables/cable harness for all installed equipment.

4.4 All equipment shall be as undercover/inconspicuous as possible.

4.5 All equipment shall be tested by designated government personnel prior to acceptance.

4.6 Provide owner’s manual and other –instruction documents/CDs related to the operation, maintenance requirements, or features for all of the equipment installed on each vehicle.

4.7 Removal of installed equipment: When required, the contractor shall remove all equipment installed under sections 4.1, 4.2, and 4.3 of this PWS and return the vehicle back to its pre-modification state.

4.8 Periodic maintenance (Cost Reimbursement – No Fee CLIN): From time to time the vehicles’ emergency equipment may require repair or maintenance that is the result of the Government’s use (as opposed to warranty malfunctions and repairs). The repairs shall be made in accordance with this PWS.

5.0 Equipment Purchase, Installation, Part Replacement, and Removal of Lights, Sirens and other Emergency Equipment.

5.1 Equipment Purchase.

5.1.1 The contractor shall purchase all required equipment to meet the installation, part replacement, testing and removal requirements. Acceptable equipment brands for new installations and part replacement are Society of Automotive Engineers (SAE) rated Federal Signal, Whelen, Star Signal and Sound Off Signal.

5.2 Installation and Removal. The contractor shall install all aftermarket equipment on new and or existing vehicles. The contractor shall contact the COR for all vehicle modifications needed to install or remove equipment from the vehicles prior to making any modifications to the vehicles. All removed equipment is the property of the U.S Government. Disposition of the equipment will be determined after removal.

5.3 Replacements (Cost Reimbursement – No Fee CLIN). The contractor shall provide the COR an estimate in writing prior to making any alterations to the vehicles. All replacement parts must conform to the requirements listed in paragraph 4. Any deviations or substitutes to items listed in this PWS must be approved by the COR prior to purchase for vehicle installation.

6.0 Operations Security:

6.1 The contractor shall not release to any third party or post on the internet or social media any requiring unit information, or contract specifications, design, procurement quantities or any other PWS or related data, without the written authorization of the requiring unit.

6.2 The documents generated under this contract are Unclassified, For Official Use Only Information and Law Enforcement Sensitive and shall be handled as Controlled Unclassified Information (CUI). All Controlled Unclassified Information (CUI) provided or generated as a result of this requirement shall be managed in accordance with DoD Manual 5200.01, Volume 4, DoD Information Security Program: Controlled Unclassified Information (CUI) dated February 24, 2012, available on the internet. Contractors must ensure employees and subcontractors are aware of the special handling instructions detailed below:

6..2.1 Dissemination: Contractors may disseminate "For Official Use Only" information to their employees and subcontractors who have a need to know in connection with performance of required work or administrative contract responsibilities.

6.2.2 Storage: During working hours, "For Official Use Only" information shall be placed in an out-of-sight location if the work area is accessible to persons who do not have a need for the information. During nonworking hours, the information shall be stored to preclude unauthorized access. Filing such material with other unclassified records in unlocked files or desks, is adequate when internal building security is provided during nonworking hours. When such internal security control is not exercised, locked buildings or rooms will provide adequate after- hours protection or the material can be stored in locked receptacles such as file cabinets, desks, or bookcases.

6.2.3 Disposition: When no longer needed, FOUO information must be shredded.

6.2.4 Unauthorized Disclosure: Unauthorized disclosure of "For Official Use Only" information does not constitute a security violation but the requiring unit's security officer and or Contracting Officer's Representative (COR) shall be informed of any unauthorized disclosure. The unauthorized disclosure of FOUO information protected by the Privacy Act may result in criminal sanctions and disciplinary action against those responsible.

6.3 Reporting: The contractor shall immediately report, to the unit security officer and or the contracting officer representative (COR), via telephone or email, breaches or compromise of contract or requiring unit information, and any type of suspicious or criminal activity associated with any aspect of the company contract processing or performance of work.

7.0 Points of contact (POC):

7.1 The contracting Government Point of Contact (POC) is the Army Contracting Command Contracting Officer, Mr. Joshua Hammill at 609-562-6101 or Joshua.j.hammill.civ@mail.mil.

7.2 The secondary and technical Government POC is the Contracting Officer Representative (COR), Ms. Sylvia Harris at 703-806-5089 or Sylvia.C.Harris.civ@mail.mil.

7.3 The Government Security Officer is 1LT William Allen at 703-664-5762 or William.q.allen.mil@mail. The mailing address is USA Protective Services Battalion (CID), Security Manager, 9049 Gunston Rd Bldg 2101, Fort Belvoir, VA 22060.

8.0 Enterprise-wide Contractor Manpower Reporting Application (eCMRA) Reporting The contractor shall ensure ALL contractor labor hours including subcontractor, at all levels/tiers, labor hours required for the performance of services provided under this contract are reported via a secure data collection site.

The contractor and all subcontractors, at all levels/tiers, providing direct labor under this contract shall report complete and accurate data for the labor executed during the period of performance during each Government fiscal year (FY), which runs from October 1 to September 30. The Contractor shall input the data into the appropriate eCMRA reporting tool, which can be accessed via a secure web site at http://www.ecmra.mil/. There are four separate eCMRA tools: Army, Air Force, Navy and All Other Defense Components. The appropriate eCMRA reporting tool to use is determined by the requiring activity being supported (e.g., if DISA awards a contract for an Air Force requiring activity, the contractor shall load the required reporting data in the “Department of Air Force CMRA” tool). While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. The contractor shall completely fill in all required data fields. The contractor shall enter initial data into the appropriate eCMRA tool to establish the basic contract record no later than 15 working days after receipt of contract award or contract modification incorporating this clause. The contractor shall notify the COR when the basic contract record has been established in the appropriate eCMRA tool.

eCMRA User Manuals and Frequently Asked Questions (FAQs) are available at http://www.ecmra.mil/ Contractors may direct technical questions to the eCMRA help desk at usaf.pentagon.saf-aq.mbx.cmra-help-desk-dod@mail.mil

VII) QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

PSB Vehicle Emergency Equipment

1. PURPOSE. This QASP is a Government developed document used to ensure that the Government receives quality services, and pays only for services actually provided. The QASP provides a systematic method to evaluate the services the Contractor is required to furnish.

2. SCOPE. The role of Government Quality Assurance is to ensure contract standards are achieved. The QASP provides guidelines and methods for the Government’s oversight of the Contractor’s quality control efforts to assure timely, effective services are provided IAW the contract/order. The Contractor, and not the Government, is responsible for management and quality control actions to meet the terms of the contract.

3. ROLES AND RESPONSIBILITIES.

Contracting Officer (KO) - A person duly appointed with the authority to enter into, administer and terminate contracts on behalf of the Government. The KO is the only person who can legally commit the Government and only the KO, as the Government’s agent, can modify the contract/order. The KO is the final authority for determining the adequacy of the Contractor’s performance. KO decisions arising under or relating to the contact are final.

Contracting Officer’s Representative (COR) – An individual designated in writing by the KO to perform specific technical and administrative functions within the scope and limitations of their written appointment (e.g., surveillance of Contractor’s performance, accept services). The COR is not empowered to make any contractual commitments or authorize any changes to the order/contract or in any way obligate additional funds by the Government; such authority rests solely with the KO.

Quality Assurance Evaluator (QAE) – An individual designated by the requiring activity to assist the COR and provide technical oversight of the Contractor’s performance. The QAE’s primary duty is to monitor the Contractor’s performance by physically checking to see that tasks are completed, reports are submitted, and desired outcomes are achieved. When a surveillance observation results in an unacceptable evaluation, the QAE will report the unacceptable performance to the COR. The QAE is not authorized to direct work, offer advice on how the work should be performed, change the contract, or in any way obligate payment of funds by the Government.

4. METHOD OF SURVEILLANCE. Simplified methods of surveillance will be used by the Government to evaluate contractor performance. The primary methods of surveillance are periodic assessments of service.

Periodic Assessment of Services – For services that occur over a number of months, the COR will evaluate Contractor performance on a quarterly basis and upon completion of services. Generally, the Government will rely on the Contractor’s Quality Control system to ensure that services conform to contract quality requirements before they are tendered to the Government for acceptance.

5. SURVEILLANCE PROCEDURES.

a. The COR/QAE will evaluate the Contractor’s performance quarterly against Performance Standards established in the contract/order. Evaluations are also conducted when ever work is completed. Evaluations will be to the extent practical to assure the contractor provides quality services IAW the requirements of the contract. Evaluations could be evaluation/validation of contractor supplied performance data, for performance trends and to ensure valid customer concerns are resolved timely.

b. If at any time the COR/QAE receives indicators (e.g., valid customer complaints or notes Performance Standards are not being met) that the Contractor’s performance is less than acceptable, the COR/QAE will investigate to determine if this is a onetime issue that has been promptly corrected, or if the discrepancy is systemic in nature. If the issue is determined to be an isolated occurrence, the COR will continue with Quarterly Evaluations. If the issue is recurring and systemic in nature, the COR/QAE will perform more frequent evaluations.

c. The COR/QAE will notify the Contractor each time an unacceptable observation has been recorded and ask the Contractor to correct the problem. The COR will record the contract requirement, the specific deficiency to the requirement, the date and time it was discovered, and have the Contractor initial the entry. The Contractor will be given two working days after notification to correct the deficiency in accordance with requirements of the contract. Deficiencies that cannot be corrected within two working days will be reported to the Contracting Officer.

d. The COR/QAE will re-examine services that were found deficient. Failure to complete corrective actions will be reported immediately to the KO for further action.

e. Upon satisfactory completion of the work, the COR/QAE will accept the services provided and authorize payment, by approving the Contractor’s invoice in Wide Area Workflow.

6. SURVEILLANCE STANDARD.

The Performance Standard set forth in the PWS is the standard the Contractor must meet for services to be deemed acceptable. Generally, under commercial services contracts, the Government is relying on the Contractor’s assurances that the services conform to contract requirements. Consistent with FAR 52.212-4, Contract Terms and Conditions, (a) Inspection and Acceptance, the Contractor shall only tender for acceptance those services that conform to the requirements of the contract/order. The Government may require re-performance of nonconforming services at no increase in contract price. The Government reserves the right to refuse acceptance of nonconforming services. In no case shall the Government’s right to inspect services under the inspection provisions of the contract be prejudiced.

7. QUALITY ASSURANCE SURVEILLANCE FILE. The COR/QAE file should contain:

a) Copy of the contract and all contract modifications; b) Copy of the applicable Quality Assurance Surveillance Plan (QASP); c) Copy of the contractor’s Quality Control Plan (QCP); d) All correspondence initiated by authorized representatives (Contractor or Government) concerning performance of the contract; e) Names, position titles and contact information of all key personnel assigned to this contract both Government and Contractor; f) Surveillance schedules; g) Surveillance Checklists; h) Records of all inspections performed and the results; j) Memoranda for record of minutes of any meeting, telephone conversations and discussions with the contractor or others pertaining to the contract or contract performance; k) Documentation pertaining to acceptance of services, reports or data.

8. RECORDS: All records will be retained for the life of this contract.

9. CHANGES: The QASP is a living document and, as such, may be changed as needed. However, the KO must approve changes. The COR will submit recommended changes to the KO for approval.

10. CHECKS: Quality checks will be conducted:

a. On all newly installed equipment prior to acceptance from the contractor.

b. Periodically when PSB vehicles are garaged at the contractor facility overnight.

c. After any replacement, reinstallation or modification/correction of any equipment.

d. After all scheduled maintenance of equipment.

VIII) SOLICITATION PROVISIONS AND CONTRACT CLAUSES:

All FAR clauses may be viewed in full text via the internet at https://acquisition.gov. The following FAR and Defense Federal Acquisition Regulation Supplement (DFARS) clauses apply to this acquisition:

FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions FAR 52.204-7, Central Contractor Registration FAR 52.204-13 System for Award Management Maintenance FAR 52.204-16, Commercial and Government Entity Code Reporting FAR 52.204-18, Commercial and Government Entity Code Maintenance FAR 52.204-19, Incorporation by Reference of Representations and Certifications FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law FAR 52.212-1, Instructions to Offerors – Commercial Items FAR 52.212-3, Offeror Representations and Certificates-Commercial Items FAR 52.212-4, Contract Terms and Conditions – Commercial Items FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications FAR 52.232-8, Discounts for Prompt Payment FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors FAR 52.252-1, Solicitation Provisions Incorporated by Reference DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials DFARS 252-204-7003, Control of Government Personnel Work Product DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204-7012, Safeguarding of Unclassified Controlled Technical Information DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support DFARS 252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism DFARS 252.223-7008, Prohibition of Hexavalent Chromium DFARS 252.225-7012, Preference for Certain Domestic Commodities DFARS 252.225-7048, Export-Controlled Items DFARS 252.232-7003, Electronic Submission of Payment Request DFARS 252.232-7010, Levies on Contract Payments DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel DFARS 252.243-7001, Pricing of Contract Modifications DFARS 252.244-7000, Subcontracts for Commercial Items DFARS 252.247-7023, Transportation of Supplies by Sea--Basic

CLAUSES INCORPORATED BY FULL TEXT

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

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):

https://acquisition.gov (End of clause)

FAR 52.217-9, OPTION TO EXTEND THE TERM OF THE CONTRACT

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years.

(End of Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Aug 2019)

(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.]

(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).

(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.)

XX (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).

XX (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).

(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.

(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 (Jan 2017) 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)).

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

(20) 52.219-16, Liquidated Damages-Subcontracting 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 (Nov 2011) (15 U.S.C. 657f).

XX (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)).

XX (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)).

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

(26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).

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

(28)

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

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

(29)

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

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

(30)

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

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

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

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

(33)

XX (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 (Jun 2016) (E.O. 13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).

(38)

(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

(39)

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(41)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

(45)

(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

(ii) Alternate I (Jan 2017) of 52.224-3.

(46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

(47)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

XX (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

(56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

(60)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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.]

(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

XX (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

XX (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

XX (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

XX (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services…