Amend-02-Conf_Copy_W91QF4-23-Q-0033_ICIDS Maint.pdf

W91QF423Q0033

Section SF 30 - BLOCK 14 CONTINUATION PAGE

CONTINUATION SHEET

The following items are applicable to Amendment 2 of the Solictation:

1. Void CLINs 1001, 2001, 3001 and 4001 as technical inspections are not needed in option years. No pricing shall be provided for these CLINs.

2. All other terms and conditions remain unchanged.

3. Below are the questions from Industry and the Government’s responses.

Questions from Industry:

1. Question: Is there a device inventory or zone reports available for each intrusion panel?

Government’s Response: Yes, device inventory and zone reports will be made available for 28 zones at contract award.

2. Question: Would you like the manufacturer required Software Service Agreement (SSA) included in the FFP PM price?

Government’s Response: Yes, last update was conducted in 2022.

3. Question: For the technical inspection, will this be a walk test for functionality of the entire system?

a) Will this include any troubleshooting of the system that doesn’t require materials?

b) Are you able to provide the number of days on site for the technical inspection to ensure accurate proposal comparisons for the LPTA requirement?

Government’s Response:

Yes, walk test for functionality of the entire system is permitted during initial technical inspection at no additional cost to the Government.

a) Yes

b) Estimate 2 days. There are known issues with 1 MUX card failure. It is unknown however, if there are other failures after the MUX card issue is corrected.

Section SF 1449 - CONTINUATION SHEET

COMBINED SYNOPSIS/SOLICITATION

W91QF4-23-Q-0033 Combined Synopsis/Solicitation – ICIDS IV Maintenance and Monitoring Services

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

(ii) This solicitation # W91QF4-23-Q-0033 is issued as a Request for Quote (RFQ).

(iii) Federal Acquisition Circular: This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular 2023-02 effective as of 14 February 2023.

(iv) NAICS code: The corresponding NAICS code for this solicitation is 561621- “Security Systems

Services (except Locksmiths)” with a size standard of $47M (PSC of J063 - Maintenance, Repair and Rebuilding of Equipment: Alarm, Signal, and Security Detection Systems). An Offeror must be registered on the System for Award Management (SAM) before an award could be made to them. If a company is not registered in SAM, they must do so by going to SAM web site (https://www.sam.gov) and registering prior to submission of a proposal. This requirement is being advertised as a Total Small Business Set Aside to Value Added Resellers authorized to service the ICIDS equipment.

(v) Contract Line Items:

PERFORMANCE WORK STATEMENT

26 April 2023

Maintenance & Service Integrated Commercial Intrusion Detection System

(ICIDS-IV)

Directorate of Emergency Services (DES)

Presidio of Monterey, CA

1. General: This is a non-personnel services contract to provide ICIDS-IV monitoring and maintenance services.

The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. Requirement restricted to DAQ Value Added Resellers.

1.1 Description of Services: The contractor shall provide all personnel, equipment, tools, materials, supervision, quality control and other items and non-personal services necessary to perform maintenance and any requested repairs to ICIDS in various buildings throughout the installation as defined in this PWS, except as specified in Paragraph 3.0 as Government Furnished. The contractor shall perform to the standards in this contract.

1.2 Background: ICIDS provides the means to detect and assess as necessary, the unauthorized intrusion or attempted intrusions of protected areas. ICIDS is located throughout the installation is a vital part of mission support for the installation, ensuring safety, and security. ICIDS is made up of various components including, but not limited to Alarm Monitoring Boards, Command Keypads, High Security Balance Magnetic Switch (BMS), Passive Infrareds (PIRs), Duress Buttons, Input Panels, Led Indicators, Access Levels, and StarWatch SMS software.

1.3 Period of Performance (PoP): The Period of Performance shall be one (1) Base Year of 12 months and four

(4) 12-month option years.

1.4 General Information:

1.4.1 Quality Assurance (QA): The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). 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 acceptable quality level(s) (defect rate(s)).

1.4.2 Recognized Holidays: The following are recognized US holidays and the date for each can be found at the following website:

http://www.opm.gov/Operating_Status_Schedules/fedhol/Index.asp.

The contractor shall not perform services on these days:

New Year's Day Labor Day Martin Luther King Jr's Birthday Columbus Day President's Day Veteran's Day Memorial Day Thanksgiving Day Juneteenth Day Christmas Day Independence Day

When an observed holiday falls on a Tuesday or Thursday, the Installation regularly schedules a closure on the corresponding Monday or Friday.

1.4.3 Place and Performance of Services: The contractor shall provide services between the hours of 0630-1630 Monday through Thursday; 0630-1500 every other Friday based on installation schedule, except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. Performance shall be in all buildings where ICIDS is installed. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

1.4.3.1 Emergency Service: The contractor shall provide emergency response services that may fall outside the normal hours of operation listed in paragraph

1.4.4 Security Requirements: Contractor and all associated sub-contractor’s employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce shall comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.4.1 For contracts that require handling or access to classified information. Contractor shall comply with FAR 52.204-2, Security Requirements. This clause involves access to information classified “Confidential,” “Secret,” or “Top Secret” and requires contractors to comply with— (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M); (2) any revisions to DOD 5220.22-M, notice of which has been furnished to the contractor.

1.4.5.1 Physical Security: The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.5.2 Key Control: The contractor shall establish and implement methods of ensuring all keys/key cards issued by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued by the Government shall be duplicated. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The contractor shall immediately report any occurrences of lost or duplicated keys/key cards to the Contracting Officer’s Representative (COR).

1.4.5.2.1 In the event keys, other than master keys, are lost or duplicated the contractor shall, upon direction by the KO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the contractor.

1.4.5.2.2 The contactor shall prohibit the use of the Government issued keys/key cards by any persons other than the contractor’s employees. The contractor shall prohibit the opening of locked areas by contractor employees to permit entrance of persons other than contactor employees engaged in the performance of services in those areas, or personnel authorized entrance by the KO.

1.4.5.3 AT Level 1 Awareness Training: NOT APPLICABLE per AT-OPSEC Officer.

1.4.5.4 Threat Awareness Reporting Program: NOT APPLICABLE

1.4.5.5 iWATCH Training: NOT APPLICABLE per AT-OPSEC Officer.

1.4.5.6 Information Awareness: NOT APPLICABLE per AT-OPSEC Officer.

1.4.5.7 OPSEC Training: Per AR 530-1, Operations Security, new contractor employees and associated subcontractor employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training. Level 1 OPSEC training is available on the Letterkenny Army Installation homepage – at: https://www.lead.army.mil.

1.4.5.8 Access and General Protection Policy and Procedures: Contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204‐9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.4.5.9 For contractors requiring Common Access Card (CAC): Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014‐05. The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on‐site or remotely; (2) remote access, via logon, to a DoD network using DoD‐approved remote access procedures; or (3) physical access to multiple DoD facilities or multiple non‐DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

1.4.5.10 For contractors not eligible for CAC, but requires access to DoD facility or installation: Contractor and all associated sub‐contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC‐III) and Terrorist Screening Database

(Army Directive 2014‐05/AR 190‐13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative); or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

1.4.6 Conservation of Utilities: The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.

1.4.7 Special Qualifications: The contractor shall ensure all employees possess all required licenses for operating any equipment used within the performance of this contract. The Government does not provide training to contractors. Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certified and qualified for the position in which they will be serving.

1.4.8 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with Federal Acquisition Regulations Subpart 42.5. The KO, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the Contacting Officer will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced. The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.9 Contract Manager (CM): The contactor shall provide a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.4.10 Identification of Contractor Employees: All contact personnel attending meetings, answering Government telephones and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The contractor shall also ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed.

Badge and uniform if a uniform is not available a garment with the company’s logo and name is required to be worn while on the Installation.

1.4.11 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications, or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5.

The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI.

The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

PART 2

DEFINITIONS & ACRONYMS

2.0 Definitions and Acronyms:

2.1.1 CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2 CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5 DELIVERABLE. Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.6 KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7 PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8 QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10 QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11 SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13 WORK WEEK. Monday through Friday, unless specified otherwise.

2.2 ACRONYMS:

AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense FAR Federal Acquisition Regulation KO Contracting Officer OCI Organizational Conflict of Interest ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT AND SERVICES

3. Government Furnished Property, Material, Equipment and Services (GFP/M/E/S):

3.1 Services: The Government will provide the facilities, equipment, materials, and/or services listed below:

3.1 Facilities: The Government will furnish the necessary workspace for the contractor staff to provide the support outlined in this PWS to include desk space, telephones, computers and other items necessary to maintain an office environment. DES will provide clear access to the equipment to be serviced.

3.2 Equipment: No equipment will be provided to the contractor.

3.3 Materials: No materials will be provided to the contractor.

3.4 Services: No services will be provided to the contractor.

3.5 Utilities: All utilities in the facility will be available for the contactor’s use in the performance of this contract.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Property, Materials, Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

4.2 Secret Facility Clearance: There are no SCIFs or open classified storage areas on this contract, therefore the contractor is not required to have a security clearance.

PART 5

SPECIFIC TASKS

5.0 – TASKS

5.1 – TASK – Technical Inspection and Repairs.

5.1.1 – DELIVERABLE – Perform a full technical inspection on the Integrated Commercial Intrusion Detection System (ICIDS – IV) POM system that has fallen out of warranty in order to have the system in full operational capacity in accordance with OEM specifications per zone quantities throughout 28 zones.

5.1.2 – STANDARD – Initiate technical inspection and complete repairs within 60 days of contract award.

5.2 – TASK – Perform semi-annual preventative maintenance on the Integrated Commercial Intrusion Detection System.

5.2.1 – DELIVERABLE – Maintain system interoperability and ensure fully operational status of all equipment connected to the POM DES Security Management System. Provide all labor, material, parts, tools, services and equipment to perform the following and ensure coordination with the Contracting Officer or their designated representative regarding all aspects of the contract.

5.2.2 – STANDARD – Preventative maintenance will include:

Inspection of keypads Visual and functional checks of all console equipment, local processors, sensors, and electrical and mechanical controls.

Perform service on all mechanical components Operating all system software diagnostics and correcting all diagnostic problems.

Resolving any previous outstanding problems.

Validating alternate power sources (stand by batteries) are functional where necessary and replaced when no longer functional or defective.

Provide a Preventive Maintenance Report to the TPOC.

Restricted access – any replacement of existing sensors, controllers and/or devices for classified areas requires coordination for escort.

Quality Control Checklist All PM activities will be documented, stored, and managed by the technicians.

Any service disruption that exceeds nine hours, or extends outside of normal working hours (0630-1600 Monday through Thursday; 0630-1500 every other Friday based on installation schedule) for any individual facility on the installation is subject to prior approval of the TPOC and COR. After completion of the annual maintenance report the contractor has 24 hours to submit the report to the COR.

5.3 – TASK – Repairs both routine and non-routine. Routine repairs are classified as a functioning system with limitations where non-routine repairs would classify the ICIDS as non-functional in one or more secure areas.

5.3.1 – DELIVERABLE – Contractor shall provide repairs as requested on an as needed basis. The repair estimate shall consist of the following: building number, description of work with justification, parts/labor list. Prior to actual repair start, the contractor shall submit the repair estimated to the Contracting Officer or their designated representative with the cost estimate in order to secure funding.

5.3.2 – STANDARD – The contractor shall have adequate personnel to respond on site within 72-96 hours for routine repairs and within 24-36 hours for non-routine repairs to initiate inspection and system repairs. No repairs shall take place until the Contracting Officer has issued a Notice to Proceed.

PART 6

APPLICABLE PUBLICATIONS

6.0 Applicable Publications: Publications applicable to this PWS are listed below:

Publication (Chapter / Page)

Date of Publication

Mandatory or Advisory

Website

Army Regulations Various Mandatory http://armypubs.army.mil/default.aspx

AR 385-10 Army Safety

Program/Prevention of

Motor Vehicle

24 Feb 2017 Mandatory https://armypubs.army.mil/ProductMaps/PubForm/AR.aspx

Lead Regulation 385-1 LEAD Safety and Occupational

Health Program

4 August 2020 Mandatory 385-1 LEAD Safety and Occupational Health Program.pdf (army.mil)

OSHA Part 1910- Occupational Safety and Health Standards

Various Advisory https://www.osha.gov/laws-regs/regulations/standardnumber/1910

All applicable federal, state and local laws, executive orders, rules and regulations

Various Mandatory

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

Technical Inspection

FFP

Perform Technical Inspection and complete repairs - PWS Task 5.1 FOB: Destination

PSC CD: J063

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 2 Job

Semi-Annual Preventative Maintenance

FFP

Semi-annual preventative maintenance of ICIDS located in the USAG Presidio of Monterey, as defined in PWS 5.2.

(1 Job = 6 month inspection for a total of 2 Jobs performed in 12 month period)

FOB: Destination

PSC CD: J063

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 1 Job OPTION Routine and Non-Routine Repairs

FFP

Routine and non-routine repairs IAW PWS Section 5.3.

OPTIONAL CLIN to be funded and exercised at time of need within Period of Performance.

FOB: Destination

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 1 Job OPTION Technical Inspection

FFP

VOID

FOB: Destination

PSC CD: J063

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002 2 Job OPTION Semi-Annual Preventative Maintenance

FFP

Semi-annual preventative maintenance of ICIDS located in the USAG Presidio of Monterey, as defined in PWS 5.2.

(1 Job = 6 month inspection for a total of 2 Jobs performed in 12 month period) FOB: Destination

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1003 1 Job OPTION Routine and Non-Routine Repairs

FFP

Routine and non-routine repairs IAW PWS Section 5.3.

OPTIONAL CLIN to be funded and exercised at time of need within Period of Performance.

FOB: Destination

PSC CD: J063

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 1 Job OPTION Technical Inspection

FFP

VOID

FOB: Destination

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2002 2 Job OPTION Semi-Annual Preventative Maintenance

FFP

Semi-annual preventative maintenance of ICIDS located in the USAG Presidio of Monterey, as defined in PWS 5.2.

(1 Job = 6 month inspection for a total of 2 Jobs performed in 12 month period)

FOB: Destination

PSC CD: J063

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2003 1 Job OPTION Routine and Non-Routine Repairs

FFP

Routine and non-routine repairs IAW PWS Section 5.3.

OPTIONAL CLIN to be funded and exercised at time of need within Period of Performance.

FOB: Destination

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 1 Job OPTION Technical Inspection

FFP

VOID

FOB: Destination

PSC CD: J063

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3002 2 Job OPTION Semi-Annual Preventative Maintenance

FFP

Semi-annual preventative maintenance of ICIDS located in the USAG Presidio of Monterey, as defined in PWS 5.2.

(1 Job = 6 month inspection for a total of 2 Jobs performed in 12 month period)

FOB: Destination

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3003 1 Job OPTION Routine and Non-Routine Repairs

FFP

Routine and non-routine repairs IAW PWS Section 5.3.

OPTIONAL CLIN to be funded and exercised at time of need within Period of Performance.

FOB: Destination

PSC CD: J063

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 1 Job OPTION Technical Inspection

FFP

VOID

FOB: Destination

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4002 2 Job OPTION Semi-Annual Preventative Maintenance

FFP

Semi-annual preventative maintenance of ICIDS located in the USAG Presidio of Monterey, as defined in PWS 5.2.

(1 Job = 6 month inspection for a total of 2 Jobs performed in 12 month period)

FOB: Destination

PSC CD: J063

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4003 1 Job OPTION Routine and Non-Routine Repairs

FFP

Routine and non-routine repairs IAW PWS Section 5.3.

OPTIONAL CLIN to be funded and exercised at time of need within Period of Performance.

FOB: Destination

PSC CD: J063

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 1001 Destination Government Destination Government

1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUN-2023 TO

31-JUL-2023

N/A COMMANDER, USAG POM

JOHN WINCZUK

DES-POMPD-OPERATIONS

4468 GIGLING ROAD

MONTEREY CA 93944-5001

831.242.7860 FOB: Destination

W912A8

0002 POP 01-JUN-2023 TO

31-MAY-2024

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912A8

0003 POP 01-JUN-2023 TO

31-MAY-2024

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912A8

1001 POP 01-JUN-2024 TO

31-JUL-2024

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912A8

1002 POP 01-JUN-2024 TO

31-MAY-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912A8

1003 POP 01-JUN-2024 TO

31-MAY-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912A8

2001 POP 01-JUN-2025 TO

31-JUL-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912A8

2002 POP 01-JUN-2025 TO

31-MAY-2026

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912A8

2003 POP 01-JUN-2025 TO

31-MAY-2026

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912A8

3001 POP 01-JUN-2026 TO

31-JUL-2026

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912A8

3002 POP 01-JUN-2026 TO

31-MAY-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912A8

3003 POP 01-JUN-2026 TO

31-MAY-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912A8

4001 POP 01-JUN-2027 TO

31-JUL-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912A8

4002 POP 01-JUN-2027 TO

31-MAY-2028

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912A8

4003 POP 01-JUN-2027 TO

31-MAY-2028

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912A8

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Security Requirements MAR 2021 52.204-13 System for Award Management Maintenance OCT 2018 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2022

52.222-26 Equal Opportunity SEP 2016 52.224-3 Privacy Training JAN 2017 52.232-18 Availability Of Funds APR 1984 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-3 Protest After Award AUG 1996 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.223-7004 Drug Free Work Force SEP 1988 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2022

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 Instructions to Offerors – Commercial Items

Provide a quote valid for at least thirty (30) calendar days.

Single Government Point of Contact: The Offeror shall provide a single Point of Contact (e-mail and phone number) for this requirement as the Project Representative for your company of whom is authorized to take actions to fulfill the Terms and Conditions of this requirement.

Please provide any additional discounts(s) that might apply to this order.

NO MULTIPLE AWARDS: Offers must be submitted per unit price. Multiple awards will not be made; therefore, offers that cover less than all the items and quantities in this solicitation will be rejected as non-responsive.

Offeror’s Representations and Certifications must be updated and current through the offeror’s SAM registration which may be referenced at https://www.sam.gov. Offeror’s shall ensure NAICS code for requisite requirement is updated within the offeror’s current SAM registration.

(a) Pricing (QUOTES): The offer shall be placed in the Contract Line Item Numbers (CLINs) for the services ordered. In the description column the following minimum information shall be listed: description of salient characteristics / specifications, item quantity, unit price and extended amount, and the grand total to include delivery.

***In CLINs 0003, 1003, 2003, 3003, and 4003, the contractor shall provide a flat amount of $50,000 as a place holder for anticipated repairs of routine and non-routine services.****

(b) Technical Checklist: This is a Request for Quote (RFQ) for which a robust Technical Proposal is neither desired nor is required however, a response technical in nature on how the offeror will fulfill the requirements described within the Performance Work Statement (PWS) in order for the Government to evaluate the offeror’s understanding of the project.

(c) Options: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(End of provision)

52.212-2 EVALUATION OF COMMERCIAL ITEMS

(a) Quotes for this acquisition shall be evaluated utilizing Simplified Acquisition Procedures as outlined in FAR subpart 13.106-2. This acquisition will be awarded to an offeror who is responsive to the RFQ and otherwise determined responsible, conforms to the solicitation requirements; and provides the Lowest Priced Technically Acceptable (LPTA) quote. No award shall be made by a Contracting Officer unless the price can be determined as fair and reasonable.

- Responsible Offeror: An offeror may be determined as responsible in accordance with the criteria outlined in FAR Subpart 9.104.

- Responsive Offeror: A quote is determined responsive if it contains all of the elements instructed to be provided under the 52.212-1 Instructions to Offerors.

- Price Quote: The Contracting Officer shall utilize Simplified Acquisition Procedures as stated in FAR Subpart 13.106-2 and/or portions of FAR Part 15 in order to determine fair and reasonable pricing.

The amounts ($50,000) placed in CLINs 0003, 1003, 2003, 3003, and 4003 will not be calculated for purposes of contract award.

(b) Technical Checklist: The offer’s quote will be evaluated against the requirements within the Solicitation to include the PWS and all applicable attachments on an Acceptable or Unacceptable basis. Acceptable ratings are defined as those that meet or exceed the specifications and requirements identified in the solicitation. A quote containing items that exceed requirements do not merit additional consideration for award as no tradeoffs will be considered.

(c) Options: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

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

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

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

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

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

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

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

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111-117, section 743 of Div. C).

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

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

____ (10) [Reserved]

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

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

____ (13) [Reserved]

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

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

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

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

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

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

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

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

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

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

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

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

____ (19) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

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

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

657f).

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

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

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

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

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

____ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____ (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

X (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

X (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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).

____ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (37)(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.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40)(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.

____ (41)(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.

X (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(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.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

X (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (DEC 2022) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 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. Subtitle A, Part V, Subpart G Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C.

3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

X (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) 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 products and commercial services: [Contracting Officer check as appropriate.]

X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

X (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 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).

_____ (5) 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).

_____ (6) 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).

X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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.