FBODaily.com | FedBizOpps: PRESOL | S | Lyster Army Health Clinic Security System

FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 20, 2019 FBO #6508
SOLICITATION NOTICE

S -- Lyster Army Health Clinic Security System

Notice Date: 9/18/2019
Notice Type: Combined Synopsis/Solicitation
NAICS: 561621 — Security Systems Services (except Locksmiths)
Contracting Office: Department of the Army, Army Contracting Command, MICC, MICC - Fort Rucker, Novosel St., Bldg 5700, Rm 380, Fort Rucker, Alabama, 36362-5000, United States
ZIP Code: 36362-5000
Solicitation Number: 00113633693
Archive Date: 11/2/2019
Point of Contact: Katelin B. Grothe, , Anita L. Mclain,
E-Mail Address: katelin.b.grothe.civ@mail.mil, anita.l.mclain.civ@mail.mil
(katelin.b.grothe.civ@mail.mil, anita.l.mclain.civ@mail.mil)
Small Business Set-Aside: N/A
Description: GENERAL INFORMATION This is a combined synopsis/solicitation for services prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Proposals are being requested for the required service and no written solicitation will be issued. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2019-05, Effective 13 August 2019. This requirement is issued as a Request for Proposal (RFP) (Reference-Number 00113633693 ). This requirement is being competed as unrestricted on the open market in accordance with the following: NAICS Code: 561621 - Security Systems Services (except locksmiths); Size standard: $22.0M Product Service Code: S211 - Surveillance Services Fort Rucker, AL requires the following service: Upgrade and additions/adjustments to the pre-existing security system to include yearly service plans, maintence inspections, and software update support. The Government's intent is to award this contract with one (1) Base Year and four (4) Option Years. Description: Lyster Army Health Clinic is currently utilizing the Lenel Security System in most areas of the facility. This requirement is for the upgrade and additions/adjustments to the pre-existing security system. This will allow for the aging security system (door alarms, sensors, and CCTV system) to be properly adjusted and upgraded-allowing full functionality of the system and give the security unit the ability to monitor all mission essential/vulnerable areas continuously. Type of Contract: The Governement anticipates a single award Firm-Fixed-Price Contract. IMPORTANT NOTES : 1. Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. 2. A site visit is scheduled at Lyster Army Health Clinic, Bldg 301 Andrews Ave, Fort Rucker, AL 36362 on Thursday, 26 September 2019, at 10:00 AM Central Standard Time (CST). All visitors must go to the Daleville Gate Vistor Control Center, open 8:00am - 4:00pm, Monday through Sunday, to obtain a Visitors Badge. You will need a valid Governement-issued picture identification. To expidite the process, you can download and complete a Fort Rucker Form 2746-R-E from https://www.rucker.army.mil/visit/ and bring it with you at the time of processing. For more information, call (334) 255-0607. Please ensure to give yourself enough time to obtain the pass prior to the scheduled site visit. Please provide a list of all attendees names (as reflected on their driver's license) who plan on being at the site visit, include title and a telephone number for each individual. Submit the requested information to Contract Specialist, Katelin Grothe at Katelin.b.grothe.civ@mail.mil not later than Wednesday, 25 September 2:00 PM CST. Offerors are encouraged to visit the site and take steps as may be reasonably necessary to ascertain the nature and location of work and the general and local conditions that can affect the work or cost thereof. Failure to do so will not relieve offerors from the responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representation concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in this RFP, the specification, or related documents. All pertinent questions shall be submitted by e-mail to Contract Specialist, Katelin Grothe at katelin.b.grothe.civ@mail.mil by Friday, 27 September 2019 at 12:00 PM CST. 3. Responses to this notice shall be provided in writing via e-mail to Contract Specialist, Katelin Grothe at katelin.b.grothe.civ@mail.mil and Contracting Officer, Anita Mclain at anita.l.mclain.civ@mail.mil. All responses shall be received NLT 5:00 PM CST on Friday 18 October 2019. SCHEDULE OF SUPPLIES/SERVICES ON EXECUTION OF CONTRACT: This acquisition is for the purchase of the following: CLIN 0001 - Equipment Estimated Quantity: - 1 Job CLIN 0002 - Labor Estimated Quantity: - 1 Job CLIN 0003 - Base Contractor Manpower Reporting Application Estimated Quantity: - 1 Job CLIN 0004 - Base Year Service plan Estimated Quantity: - 1 Job CLIN 0005 - Base Year Maintenance Inspections Estimated Quantity: - 1 Job CLIN 0006 - Base Year Supplies and Misc Estimated Quantity: - 1 Job CLIN 0007 - Base Year IMD Software Update Support Estimated Quantity: - 1 Job CLIN 0008 - Option Year 1 Contractor Manpower Reporting Application Estimated Quantity: - 1 Job CLIN 0009 - Option Year 1 Service plan Estimated Quantity: - 1 Job CLIN 0010 - Option Year 1 Maintenance Inspections Estimated Quantity: - 1 Job CLIN 0011 - Option Year 1 Supplies and Misc Estimated Quantity: - 1 Job CLIN 0012 - Option Year 1 IMD Software Update Support Estimated Quantity: - 1 Job CLIN 0013 - Option Year 2 Contractor Manpower Reporting Application Estimated Quantity: - 1 Job CLIN 0014 - Option Year 2 Service plan Estimated Quantity: - 1 Job CLIN 0015 - Option Year 2 Maintenance Inspections Estimated Quantity: - 1 Job CLIN 0016 - Option Year 2 Supplies and Misc Estimated Quantity: - 1 Job CLIN 0017 - Option Year 2 IMD Software Update Support Estimated Quantity: - 1 Job CLIN 0018 - Option Year 3 Contractor Manpower Reporting Application Estimated Quantity: - 1 Job CLIN 0019 - Option Year 3 Service plan Estimated Quantity: - 1 Job CLIN 0020 - Option Year 3 Maintenance Inspections Estimated Quantity: - 1 Job CLIN 0021 - Option Year 3 Supplies and Misc Estimated Quantity: - 1 Job CLIN 0022 - Option Year 3 IMD Software Update Support Estimated Quantity: - 1 Job CLIN 0023 - Option Year 4 Contractor Manpower Reporting Application Estimated Quantity: - 1 Job CLIN 0024 - Option Year 4 Service plan Estimated Quantity: - 1 Job CLIN 0025 - Option Year 4 Maintenance Inspections Estimated Quantity: - 1 Job CLIN 0026 - Option Year 4 Supplies and Misc Estimated Quantity: - 1 Job CLIN 0027 - Option Year 4 IMD Software Update Support Estimated Quantity: - 1 Job PERFORMANCE WORK STATEMENT Lyster Army Health Clinic Fort Rucker, Alabama 1. General: Lyster Army Health Clinic (LAHC) is an Army Health Clinic sited at building 301 in Fort Rucker, Alabama and is part of the US Army Medical Command. It provides world- class health services to military personnel and beneficiaries. This is a non-personal services contract to provide Lyster Army Health Clinic (LAHC) security services on and to the existing Lenel OnGuard system, indoor/outdoor security cameras, access control locks, magnetic door locks, cabling, monitors, Dell made server running Lenel software, and displays that are vital to the Lenel OnGuardTM security system, which is currently installed in LAHC. 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. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor personnel. •1.1 Scope : The Contractor shall furnish all equipment and equipment installation personnel, to provide successful installation of the identified Video Surveillance System (VSS) and Security Access Control/Badging and Monitoring System (SAC/BMS). Licenses renewal cost is included in this contract, Contractor shall ensure program licenses do not expire during length of contract. The Contractor shall ensure all security current and future hardware, for term of contract, is in good operating condition in all buildings ( 301 LAHC main, 9204 Veterinarian clinic, and Brown Dental) assigned to the Lyster Army Health Clinic, Fort Rucker, Alabama, 36362. Contractor shall maintain the integrity, functionality and reliability that are required to protect critical environments. Contractor shall provide and install software updates to security PC systems, Contractors shall provide training to security staff on operating procedures on all installed security equipment. Contractor shall perform monthly inspections on systems that secure high value and mission essential areas. Contractor shall provide client with on-site end user training of all security equipment installed. Contractor shall conduct system assessment of the entire system within the first 30 days of the contract. The requirement is to install a Lenel (or equivalent) compatible VSS AND SAC/BMS and standalone Security Access Control/Badging and Monitoring System, which will allow operators in two different locations in LAHC to monitor real-time views of all cameras installed, as well as video and still images (data) which have been recorded by those cameras for the previous 30 days, copy any recorded data to a standard compact disk (CDR=recordable CD, all formats) or digital video disk (DVDR=recordable DVD, all formats) in a format which will allow viewing of the video or images on any computer without the need for specific software. •1.2 Objective: This contract is required to maintain our security and access systems which protect classified material, high value items, controlled medical substances and ensures the safety and security of our patients, visitors, and staff. This contract ensures we can provide 24/7 security coverage of the facility. 1.3. P e rsonn e l S ec u r i t y R e quir e ments. 1.3.1. G e n e r a l. The Cont r ac tor e mp l o y ee s s h a ll be properly sc r ee n e d a nd c l ea r e d for ac c e ss t o the installation a t t he lev e l of s ec u ri t y s p ec ifi e d in DD 254, D oD Cont r ac t S ec u r i t y Classifi ca t i o n S p ec ific a t i on. 1.3.2. A valid NACI background clearance is r e qui r e d for the Contractor or Contractor personnel. 1.3.3. Contractor p e rsonn e l shall w e a r a c le a r l y r ea d a ble id e nt i fi c a t i on b a dg e, f u r nished b y the LAHC Security Office, w hich c onsists of the Contr ac t o r ' s comp a n y n a me, e mp l o y e e 's n a m e a nd c u r r e nt p i c tu r e. 1.3.4. Contractor personnel shall have access to building 301 LAHC main, 9204 Veterinarian clinic, and Brown Dental, as required for installation of VSS AND SAC/BMS and SAC/BMS during regular duty hours, Monday through Friday, 0730 (7:30am) - 1615 (4:15pm) unless prior coordination is made regarding location, time, date and task specified. 1.3.5. AT Level I Training. This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training annually IAW current contractor personnel training requirements. 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 30 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: https://jkodirect.jten.mil/Atlas2/faces/page/login/Login.seam 1.3.6. Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Contractor and all associated sub-contractors 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 must comply with all personal identity verification requirements 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. 1.3.7. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award. 1.4. P h y sic a l S ec u ri t y of Equipment. The Contractor shall ensure all installed equipment is properly secured in the designated installation areas of LAHC main, Veterinarian Clinic, and Brown Dental. The Contractor shall ensure all installed equipment is secured in a suitable locations. All new equipment not yet installed will be secured by the Contractor to prevent damage from the elements, theft or destruction. 1.5. Cont i n g e n c y P lan. The Contr ac tor sh a ll h a v e a nd p r ovide a c l e a r a nd c on c ise w ritten Cont i n g e n c y P lan to me e t a n y e me r g e n c y. The c o nt i n g e n c y p l a n sh a ll be p r e s e nted to the K O f or r e vie w /ap p rov a l wi t hin 30 d a y s a ft e r c ontr a c t a wa rd. T he Cont i n g e n c y plan will c ov e r a r ea s such a s inc r e a s e d/ e x tend e d wo r k hou r s a nd/or e x p a nsion of the Contr a c tor w o r k fo r c e due to a n y of the f ol l ow i ng e v e nts: 1.5.1. S udd e n bui l dup of m i l i ta r y f o r c e s in p r e p a r a t i on f o r w a r, poli c e a c t i on, in t e rn a t i on a l c ris e s, inc r ea se F P CO N, e tc. 1.5.2. N a tur a l d i s a st e r w hich impa c ts upon e i t h e r the Gov e rnm e nt's or Contr ac tor ' s abili t y to p e r f o r m. 1.5.3. Civ i l d i sturb a n ce s (i. e., riots, m a ss de m onstr a t i ons, t e r r o r ist a t t a c ks, et c. ). 1.5.4. L a bor st r ikes, whi c h i m p ac t upon either the, G ov e rnm e nts or C o ntr ac tor ' s a bi l i t y to p e r f o r m. 1.5.5. L o ca l Gov e r n ment e me r g e n c ies su c h a s a c c idents, fi r e s, te r r o rist atta c ks, et c. 1.6. Lost and Found property. The Contractor shall ensure that all articles found by the Contractor's employees are turned in to the LAHC Security Office within one (1) workday. 1.7. General Administrative Requirements. The Contractor is responsible for reviewing and updating current plans or equipment changes throughout the life of this contract. Any revisions shall be provided to the Contracting Officer for approval. Any changes made during the contract performance period shall be submitted and approved by the Contracting Officer prior to implementation. 1.8. Quality Control Plan. 1.8.1. Quality control is the responsibility of the Contractor. The Contractor shall establish and implement a system of supervisory checks and controls to ensure that the minimum performance requirements and standards outlined in the Contract and PWS are met. This plan must be reviewed by Government's representative and approved prior to implementation. 1.8.2. The Contractor shall submit a written copy of the quality control plan to the KO for review/approval within 30 days after contract award. Any changes made during the Contract performance period shall be submitted and approved by the Contracting Officer prior to implementation. 1.9. Quality Assurance. The Contractor and the COR will conduct an assessment of the VSS AND SAC/BMS equipment installation and operation after completion of work at LAHC. The Contractor and COR will also conduct an assessment of the complete VSS AND SAC/BMS installation and operation prior to completion of the contract. 1.10. Safety. 1.10.1The Contractor shall establish and maintain an accident prevention program. The safety program will conform to requirements of applicable Army Regulation 385-10 and to the Occupational Safety and Health Act of 1970 (OSHA). The safety plan shall be presented to the KO for review/approval within 30 day after contract award. 1.10.2. The Contractor shall submit to the Contracting Officer immediately a full report of all incidents which pose any actual or potential threat to the facility's security or safety of the personnel located there. If there is any doubt as to whether a report should be filed, that doubt should be resolved in favor of reporting the incident or condition. Government owned facilities or equipment found to be in need of repair shall be reported within 1 hour of discovery to the Contracting Officer. 1.11. Energy Conservation. 1.11.1. The Contractor shall instruct employees in appropriate utilities conservation practices. Contractor's employees, and in turn the Contractor, shall operate under conditions which preclude the waste of utilities. 1.12. Recordkeeping. 1.12.1.The Contractor shall comply with the recordkeeping requirements of 29 CFR Part 1904 and with the safety and health standards published in 41 CFR Part 50-204, including any matters incorporated by reference therein, and immediately report any incidents to the Contracting Officer's Representative. 1.13 Contractor Manpower Reporting. 1.13.1. ACCOUNTING FOR CONTRACT SERVICES - The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor Manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address https://cmra.army.mil/ The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer's Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Supply Class Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). (14) As part of its submission, the Contractor shall also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending 30 September of each Government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server of fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor's systems to the secure web site without the need for separate data entries for each required data element at the web site. The specific formats for the XML direct transfer may be downloaded from the web site." 1.14. Network Access Requirements. 1.14.1. The Contractor and Contractor Personnel will have limited/system installation specific access to computers on the Government infrastructure. When testing and implementation is required to ensure the VSS AND SAC/BMS is operational, Government personnel shall be present when appropriately approved contract personnel access the computers and/or Government network. CAC card is required for network access. 1.14.2 Contractor must ensure that all equipment meets LAHC requirements and thus must maintain regular communication with LAHC's IMD (Information Management Department) service to ensure all computers or software related requirements are met in order to prevent delays or down-times in services. The Contractor may be given permission to be unescorted while working in the communication closets and data centers with in the hospital only after being approved by the Chief Information Officer to perform such tasks. During times where server and updates are required, Contractor must coordinate with IMD to ensure that server and software requirements and security are being met. Contractor is not allowed to work on any server unaccompanied unless written consent is given to the contractor and memo held by both physical security, and COR. Contractor must hold a Secret level security clearance to work on in any communication closet or server room. Those not meeting this requirement are not authorized to work on or to LAHC servers or network per MEDCEN/DHA policy. Contractor must ensure that all technicians have performed HIPAA, Informational Assurance, Informational Security, and Operational Security training prior to accessing any MEDCEN/DHA network, server, or communication closet per MEDCEN/DHA policy. Contractor shall provide as part of service all camera, access control, and server licenses renewals as part of the services provided. License renewals is only applicable to newly installed equipment. Items not requiring license renewal shall not need license renewed. Those items requiring renewals shall be done as part of the services and maintenance offered under this service maintenance contract. If renewals come at additional cost then such shall be placed as a purchase ordered and made as an attachment to the contract. Contractor shall apply for and get approval to perform B to B for patches and upgrades and have approved ATO for network. 1.14.3 Contractor shall apply for and get approval to perform B to B for patches and upgrades and have approved ATO for network. 1.14.4 Contractor shall obtain DoDD 8570 - IAT level 2 Cyber Security Certifications in order to perform security system installation and maintenance functions. 1.14.5 Contractor will not take orders to perform tasks that would add additional costs or go beyond the hours as mentioned from any persons other than what is granted in writing from the KO. Contractor shall note that any activity not directly authorized by the KO or what is granted in this contract is an unauthorized commitment and the US government has no responsibility to pay for such tasks that were not directly authorized. 1.15. Procedures Manual. 1.15.1. The Contractor shall develop a Procedures or Instruction Manual to ensure VSS AND SAC/BMS monitoring personnel can adequately view information in real-time and properly transfer recorded data to be viewed on other computer systems. This will ensure the VSS AND SAC/BMS is being operated to its maximum potential. 1.15.2. The Procedure's Manual shall address the following items as a minimum: a. System startup and login procedures. b. Accessing the various buildings cameras and camera views. c. Accessing the data recorded at the various buildings c. Playback of recorded data at all buildings d. How to properly transfer both video and still image data to CDR/DVDR. e. How to view both video and still image data on computers other than the VSS AND SAC/BMS. f. Individual VSS AND SAC/BMS component startup and reboot procedures. g. Troubleshooting procedures for all hardware and software aspects of the complete VSS AND SAC/BMS. 2. Definitions and Acronyms. 2.1.1. Video Surveillance System (VSS AND SAC/BMS). A system which includes camera(s), video recording device(s), computer(s) with monitoring software and output device(s) such as computer screen(s) or television(s) used for the purpose of monitoring a specific area or areas in order to observe traffic, equipment and/or personnel. 2.1.2. Certifying Official. The commander or their designated representative charged with the maintenance of law and order at an installation/ activity or facility and for making suitability determinations of contract guards. 2.1.3. Chief of Guards. The top manager of the contract guard force at a specific installation. 2.1.4. Class "A" Telephone. Full telephone service to include access to commercial long distance, DSN, and local off/on-installation lines. 2.1.5. Contracting Officer (KO). An individual with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. 2.1.6. Contracting Officer's Representative (COR). An individual at a specific installation designated in writing by the Contracting Officer to act as an authorized representative within the scope and limitations authorized by the Contracting Officer. 2.1.7. Controlled Area/Secured Area. Any specifically designated building, area of structure, containing lucrative targets for theft, compromise, or destruction and to which entry must be limited in order to provide more than routine protection. 2.1.8. Customer Complaint. A means of documenting certain kinds of contract service problems. A Government program that is explained to every organization that receives service under this contract, which is used to evaluate a Contractor's performance. 2.1.9. Defective Service. A service output that does not meet the standard of performance. 2.1.10. Installation. A military post or base. 2.1.11. Performance Assessment (PAP). An organized written document used for quality assurance surveillance. The document contains specific methods to perform surveillance of the Contractor. 2.1.12. Performance Requirement. The point that divides acceptable and unacceptable performance. In the case of assessing the Contractor's performance of installing a VSS AND SAC/BMS, performance will be ultimately measured by whether the VSS AND SAC/BMS captures the required data, is properly capable of being monitored, data capable of being copied to CDR/DVDR and opened on other computers. 2.1.13. Performance Requirements Summary. Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance and if the Contractor meets standards. 2.1.14."Act of God" defined by system damaged caused by severe weather phenomenon or occurrence of natural causes that cannot be prevented by caution or common preventative practices or procedures. 2.1.15. Procedures Manual. A narrative description of the training and procedures the Contractor shall give to the customer regarding specific operations of the product. 2.2 Abbreviations and Acronyms. CCTV Closed Circuit Television CDR Any format of recordable compact disk media; +R, -R, +RW, -RW, etc. COR Contracting Officer's Representative DVDR any format of recordable digital video disk media; +R, -R, +RW, -RW, etc. GFP Government Furnished Property KO Contracting Officer PR Performance Requirement PRS Performance Requirement Summary QAE Quality Assurance Evaluator PAP Performance Assessment Plan PWS Performance Work Statement VSS AND SAC/BMS Video Surveillance System and Security Access Control and Badging/ Monitoring System. 3. GOVERNMENT FURNISHED PROPERTY 3.1. No Government furnished property will be provided to the Contractor or Contractor personnel. Contractor may reuse existing Card Readers, electric locking devices, panels, cables, door position switches and installed miscellaneous components. The network to which the VSS AND SAC/BMS will be connected is owned by the Government, and once the VSS AND SAC/BMS is complete it will also belong to the Government. 3.2. Heat, cooling, light, water, and other utilities are available in the structures where the VSS AND SAC/BMS components will be housed during use. 3.3. Working space will be provided in order to cut cable and conduit, attach cable ends and connectors, and various other small tasks required for proper job completion. 3.4. Standard US Army and Government forms and regulations as needed. 3.5. The Government will provide all keys to access necessary doors for proper security and installation of equipment. 3.6. All property furnished by the Government under the Contract will remain the property of the Government. Maintenance and repair is the responsibility of the Government. The Contractor has the responsibility to report all equipment maintenance issues or problems with the Government equipment and must ensure proper utilization and handling of the equipment. The Contractor shall report the building number if applicable with the problem or issue. All hardware and software installed will be the property of the government. All equipment changes or disposal shall require government authorization prior to action. 3.7 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. 3.8 For contractors that do not require CAC, but require access to a 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 (TSDB) (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 and performed annually), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations. 3.9 Criminal Background Check Requirement : Contractor and sub-contractors must pass a formal criminal background check. This check will be performed through the LAHC Security Manager. 3.9.1 Access, General Protection, and Security Policy and Procedures: Contractor and all associated subcontractors shall comply with applicable installation, facility, and area commander installation and/or 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 requirement to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. Contractors must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. 4. Contractor Equipment. 4.1. The contractor shall furnish the necessary tools, equipment, materials and products necessary to ensure accurate, efficient and expeditious completion of the VSS AND SAC/BMS installation. Complete upgrade of security access control system and badging monitoring system, Lenel (or equivalent) compatible. All licenses, software, hardware necessary to successfully upgrade entire security system. Monthly updates and maintenance of system. Product proposed will be required to be approved by COR prior to selection. Contractor shall be required to be fully licensed and certified on all current (preexisting) Lenel security systems and proposed upgrade security monitoring systems. Must specify in quote/proposal all licenses Contract Company currently maintains. Contractor shall provide LAHC up to 10 software licenses installed in system chosen by PTMS COR, either during installation or on later maintenance visits. System must be connected to LAHC network (via shared switches), but will not be set as public to ensure proper isolation from network functions. Contractor shall ensure all personnel have current NACI checks in order to obtain CAC for network installation. Contractor shall obtain proper Approval to Operate (ATO) packets from DHA prior to installation of system upgrade and ensure that all system components are Trade Agreement Act compliant. Contractor shall provide all uploaded software to LAHC IMD on a hard disk for safekeeping. System administration rights and passwords will be given to at least 1 PTMS and IMD government representative. Contractor shall provide all fibers, connections, servers, and switches and shall ensure that all network related functions, connections, and installation actions are cleared by LAHC IMD personnel to ensure that all DHA IA regulatory policies are adhered to at all times. System installed is required to have software that will alert PTMS personnel monitoring system when SAC/BMS door was overridden manually with date, time, and location of manual override. The operation system installed shall be the most up to date software available and contain updated badge making software and hardware, compatible with existing Lenel product. Shall be capable of creating sub-groups for limited camera viewing of specified areas. Upgrade must include 2 stand-alone systems installed at guard monitoring area and main PTMS in processing location. Must run wiring for system connection to designated EOC area, allowing capability of moving system hardware to that location if needed. Hardware must include two monitors for each operating system. Must be Information Assurance Vulnerability Alert (IAVA) compliant/TAA compliant and checked for compliance monthly during maintenance and software patch/update visit. Any old system hardware used will be required to be certified and warrantied by contractor for no less than 3 years prior to use. Updated panic button system software and hardware, compatible with existing system. Replace existing equipment (buttons) with equipment that can be installed in a static locations. Reduce number to no more than 100 and dispose of all old/unusable buttons. Installation of Duress Alarm keypad (similar to the alarm pad currently in PTMS area for panic buttons) at Front Desk for identification of Duress Alarm pulls. Install one button push notification system in two locations for emergency code notification (white, violet, gray, green, etc.-must include "test" or "exercise" option for training of clinic personnel). Notification must be capable of reaching all areas of the clinic. Installation of system will include testing, set-up, full training on system functions, and creation of 8 badging templates (based on customer requirements regarding identification classification requirements, with the reloading of all existing badge holders. System must be capable of establishing various access levels/time zones/permissions. Must be capable of being fully locked down with a simple action for emergency situations. This capability must be easily accessible in several locations established by PTMS personnel. Contractor shall guarantee a 4-hour response to emergency work orders and a 48 hour response time to all service calls 7 days a week. Contractor shall provide a three year, full system warranty and full service maintenance contract for year of installation, plus four additional years, which will include, but will not be limited to, back-up of access control system configuration, archiving of cardholder database/transaction logs, back-up video management system configuration, confirm correct recording preferences, de-fragment all hard drives, run system-wide diagnostic reports in order to identify faulty equipment. Contractor shall provide red line drawings during installation of security system upgrade, as requested, and clearly labeled red line drawings after project completion. Contractor shall provide an on-site technician to complete monthly maintenance and system updates and patches, as directed by LAHC IMD network scan results, one full eight (8) hour day per month during normal duty hours (7:30 am to 4:15pm) Monday through Friday. Additional days will require pre-approval from COR. Travel time to worksite is not included in time "on-site" or work completed. Contractor shall guarantee 100% systems integrity, functionality and reliability upon completion of first service call. Video System: Upgrade (full) video system with Lenel (or equivalent) compatible system with high performance, multi-point cameras capable of panning side to side, zooming in to specific points, and capturing still frame pictures of video. Contract must provide all fibers, connections, servers, and switches to ensure proper function of video system network. Must adhere to DHA information management/information assurance (IA3, TAA, IAVA) policy requirements. Servers must hold no less than 30 days of video recordings of general clinic areas and clinic perimeter and all cameras, with the exception of restricted areas, must be pixel/motion change capability. No less than 45 days of high grade video recording capability for various restricted areas. Must have capability to save recorded material onto disk or removable media. Preliminary site walk required to finalize all camera placement and type. Camera number reduction of current number, with full coverage of clinic, perimeter, and surrounding area/parking lots. Contractor shall provide cabling test results on all data drops to LAHC PTMS and IMD upon project completion Abatement of existing material and installed material (old and new) is responsibility of contractor. Contractor shall include 5 free of charge camera relocations per calendar year. Additional 7 multipoint cameras and card readers (with cabling and hardware), to include labor, written into contractor for future installations in clinic areas. Spare parts for all system equipment will be furnished by contractor (included in contract) and stored in LAHC. Contractor will carry all equipment and/or tools required for maintenance of the system. All work must be executed in a way that patient care is not interrupted. Any work requiring system interruption that might impact patient care shall be performed during non-patient care hours (i.e. before/afterhours and/or weekends). 5. Hours of Operation: The contractor is responsible for providing 24 hours, 7 day a week technical support. This will include on-line software support for PC based systems. 6. Place of Performance : The work to be performed under this contract will be performed at all buildings/locations that have security equipment that is monitored by the Lyster Army Health Clinic. 7. P hysical S ecurity/Key Control: Contractor may be issued keys. The Contractor shall reimburse the Government for lost keys or lock sets, if the lock sets are required to be replaced as a result of lost keys. The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured. 8. Description of Services/Introduction : The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform maintenance as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract. 8.1 All services provided under this agreement shall be performed in a workmanlike manner. Any claim of defective workmanship must be provided to the COR by written notice prior to the termination date of this agreement upon which the contractor agrees to remedy and redo any such services in a timely manner without cost to the contractee. Contractor also warrants against defect parts or components, hardware or software supplied hereunder for the period of the contract or until termination date of this agreement whichever is earlier. 8.2 If any parts or component supplied by contractor under this agreement should prove defective during the first 12 months or warranty under the terms of the manufacturer of parts and equipment shall be repaired or replaced by the contractor. All other parts, equipment, software and components of current system in place will be considered all-inclusive to repair or replacement of by the contractor to ensure integrity of systems in place. Any new additions to the security system as a whole i.e. cameras, monitors, or technological upgrades will be at cost of the contractee with cost of installation incurred and completed by the contractor. 8.3 Any work that is completed and required to breach ceiling or fire walls must have pre-approval and final inspection from LAHC Security, Facilities and Safety to ensure patient safety and fire protection. 8.4 When an issue with the equipment is identified by the COR, he/she shall notify the contractor immediately. When an issue with the equipment is identified by the contractor employee, he/she shall notify the COR immediately. The contractor shall be responsible for providing the necessary documents to the requiring activity for resolving all identified issues, to include identifying future upgrade needs, with the breakdown of all associated costs for each project. The COR shall be responsible for initiating the necessary documents and funding for a modification against the contract for each individual project, not to exceed the ceiling amount without prior approval by the Contracting Officer, utilizing firm fixed priced CLINs 0006, 0010, 0013, 0016, and 0019. 9. Special Qualifications 9.1 Bosch Panic System/Monitoring Service: Contractor must be licensed and certified as a distributor/installer in the Bosch Panic System, and provide a monitoring service. Proof of licenses and certifications must be provided. 9.2 Lenel (or equivalent) : Contractor must be licensed and certified in the Lenel (or equivalent) System. Proof of licenses and certifications must be provided. 9.3 Additional Certifications: Contractor must be licensed and certified in all operating systems and hardware the system currently has and will transition to. 9.4 Supervision of Contractor Employees : The Government will not exercise any supervision or control over Contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government, except for the case of breaching a ceiling or fire wall. 9.5 Data Rights : The Government will not provide a computer access. The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights. 9.6 Contractor shall ensure that all Passwords, log in ID's, license numbers and or all access to security systems and computer based systems, are given to the Security Specialist. Informational accessibility to access systems within the security systems and or functions thereof will remain the property of LAHC. Contractor shall ensure LAHC security has full access to all systems prior to termination of contract. 10. Equipment Description Quantity Workstation with at least 1TB Storage, 32GB RAM, Dual 4GB Graphics 4.5GHZ 4C,16X DVD R/W+- Compatible with Lenel software/program 2 24" Monitors 2 1GB Network Interface Card- Compatible with Lenel software/program 2 Wireless Keyboard and Mouse 2 HID: ID Printer, Dual w/1 Side Lam with film, over laminate and ink- Compatible with Lenel software/program 1 Tipod for Badging Camera 1 HID: Card, iClass, 2KBits,w/2 Applications- Compatible with Lenel software/program 1000 ct 2U Rackmount Video Recording Server 48TB, 16GB RAM, (2 256GB OS Drives, Server NLT 2016, 1600W Power Supply- Compatible with Lenel software/program 2 Multipoint cameras, out and indoor, ability to pan/zoom, with appropriate license- Compatible with Lenel software/program 64 PVE Network Camera 3 Compact Fixed Mini Dome 9 Pendent kits 8 Camera wall mounts 8 CAT 6, 24 port panels 9 Armstrong Ceiling Tiles- For Cameras and Potential Replacements- Models 1732 and 1911 20 (As needed) Alarm panel2 2 Panic buttons with mounting equipment 80 ALT:DC power supply, 12/24 vdc, 6-amp 4 PWS: Battery, SLA, 12V 8 Cable and communications: 22/6 STR OAS 1M 2 Cable and communications 18/2 STR JKT 1M 2 Faceplate option for 1006 strike 8 Card readers PIV multiCLASS/HIDProx w/ Keypad 8 Lock electric BODY 12/24DC NFS 630 8 Doors (Intelligent Dual Reader Controller - 12 or 24 VDC @700mA, size 6 (152mm) W x 8(203mm) L x 1 (25mm)H), 6 MB standard cardholder flash memory, 50,000 of Event memory, maximum of 32 devices, On-board Ethernet, on-board two door control, eight inputs, four outputs, cabinet tamper and power fault input monitors. 4 CONTRACT TERMS AND CONDITIONS: The following clauses apply: By reference: 52.203-3, Gratuities (Apr 1984) 52.203-6, Restrictions on Subcontractor Sales to the Governement (Sep 2006) 52.203-7, Anti-Kickback Procedures (May 2014) 52.203-8, Cancellation, Recission and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007) 52.203-12, Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-1, Approval of Contract (Dec 1989) 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-7, System for Award Management (Oct 2018) 52.204-9, Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) 52.204-16, Commercial and Government Entity Code Reporting (Jul 2016) 52.204-18, Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) 52.209-7, Information Regarding Responsibility Matters (Oct 2018) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.214-35, Submission of Offers in U.S. Currency (Apr 1991) 52.216-1, Type of Contract (Apr 1984) 52.217-2, Cancellation Under Multi-year Contracts, (Oct 1997) 52.217-8, Option to Extend Services (Nov 1999) 52.219-4, Notice of Price Evaluation for HUBZone Small Business Concerns (Oct 2014) 52.219-8, Utilization of Small Business Concerns (Oct 2018) 52.219-14, Limitations on Subcontracting (Deviation 2019-O0003) (Jan 2017) 52.219-28, Post Award Small Business Program Representation (Jul 2013) 52.222-3, Convict Labor (Apr 2015) 52.222-21, Prohibition of Segregated Facilites (Apr 2015) 52.222-37, Employment Reports on Veterans (Feb 2016) 52.222-54, Employment Eligibility Verification (Oct 2015) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.223-19, Compliance with Environmental Management Systems (May 2011) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (Dec 2016) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) 52.228-5, Insurance Work on Government Installation (Jan 1997) 52.229-3, Federal, State, and Local Taxes (Feb 2013) 52.232-17, Interest (May 2014) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Oct 2018) 52.232-39, Unenforceability of Unathorized Obligations (Jun 2013) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1, Disputes (May 2014) 52.233-2, Service of Protest (Sep 2006) 52.233-3, Protest After Award (Aug 1996) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) 52.237-1, Site Visit (Apr 1984) 52.237-2, Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.242-13, Bankruptcy (Jul 1995) 52.243-1, Changes-Fixed-Price (Alternate II) (Aug 1987) 52.244-6, Subcontracts for Commercial Items (Jan 2019) 52.246-2, Inspection of Supplies-Fixed-Price (Aug 1996) 52.246-4, Inspection of Services-Fixed-Price (Aug 1996) 52.246-16, Responsibility for Supplies (Apr 1984) 52.246-25, Limitation of Liability-Services (Feb 1997) 52.249-2, Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 52.249-4, Termination for Convenence of the Governement (Services)(Short Form) (Apr 1984) 52.249-8, Default (Fixed-Price Supply and Service) (Apr 1984) 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998) 52.252-2, Clauses Incorporated by Reference (Feb 1998) 52.252-3, Alterations in Solicitation (Apr 1984) 52.252-4, Alterations in Contract (Apr 1984) 52.252-5, Authorized Deviations in Provisions (Apr 1984) 52.252-6, Authorized Deviations in Clauses (Apr 1984) 252.201-7000, Contracting Officer's Representative (Dec 1991) 252.203-7000, Requirements Relating to Compensation on of Former DoD Officials (Sep 2011) 252.203-7001, Prohibition on Persons Convicted of Fraud or Other Defence Contract-Related Felonies (Dec 2008) 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (Sep 2013) 252.203-7005, Representation on Relating to Compensation on of Former DoD Officials (Nov 2011) 252.204-7003, Control of Government Personnel Work Product (Apr 1992) 252.204-7004, Antiterroism Awareness Training for Contractors (Feb 2019) 252.204-7006, Billing Instructions (Oct 2005) 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) 252.204-7012, Safeguarding Covered Defense Information and Cyber Security Incident Reporting (Oct 2016) 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support (May 2016) 252.208-7000, Intent to Furnish Precious Metals as Government-Furnished Material (Dec 1991) 252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (May 2019) 252.211-7003, Item Unique Identification and Valuation (Mar 2016) 252.215-7007, Notice of Intent to Resolict (Jun 2012) 252.215-7008, Only One Offer (Jun 2019) 252.215-7013, Supplies and Services Provided by Nontraditional Defense Contractors (Jan 2018) 252.223-7006, Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials (Sep 2014) 252.225-7001, Buy American and Balance of Payments Program (Dec 2017) 252.225-7002, Qualifying Country Sources as Subcontractors (Dec 2017) 252.225-7012, Preference for Certain Domestic Commodities (Dec 2017) 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (Jun 2011) 252.225-7048, Export Controlled Items (Jun 2013) 252.226-7001, Utilization of Indian Organizations, Indian Owned Economic Enterprises, and Native Hawaiin Small Business Concerns (Apr 2019) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) 252.232-7010, Levies on Contract Payments (Dec 2006) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (Jun 2013) 252.243-7001, Pricing of Contract Modifications (Dec 1991) 252.243-7002, Request for Equitable Adjustments (Dec 2012) 252.244-7000, Subcontracts for Commercial Items (Jun 2013) By Full Text: 52.202-1 -- Definitions (Nov 2013) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless-- (a) The solicitation, or amended solicitation, provides a different definition; (b) The contracting parties agree to a different definition; (c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or (d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures. (End of Clause) 52.203-10 -- Price or Fee Adjustment for Illegal or Improper Activity (May 2014) (a) The Government, at its election, may reduce the price of a fixed-price type contract and the total cost and fee under a cost-type contract by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the head of the contracting activity or designee determines that there was a violation of 41 U.S.C. 2102 or 2103, as implemented in section 3.104 of the Federal Acquisition Regulation. (b) The price or fee reduction referred to in paragraph (a) of this clause shall be -- (1) For cost-plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award; (2) For cost-plus-incentive-fee contracts, the target fee specified in the contract at the time of award, notwithstanding any minimum fee or "fee floor" specified in the contract; (3) For cost-plus-award-fee contracts -- (i) The base fee established in the contract at the time of contract award; (ii) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the Contractor for each award fee evaluation period or at each award fee determination point. (4) For fixed-price-incentive contracts, the Government may -- (i) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; or (ii) If an immediate adjustment to the contract target price and contract target profit would have a significant adverse impact on the incentive price revision relationship under the contract, or adversely affect the contract financing provisions, the Contracting Officer may defer such adjustment until establishment of the total final price of the contract. The total final price established in accordance with the incentive price revision provisions of the contract shall be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced price shall be the total final contract price. (5) For firm-fixed-price contracts, by 10 percent of the initial contract price or a profit amount determined by the Contracting Officer from records or documents in existence prior to the date of the contract award. (c) The Government may, at its election, reduce a prime contractor's price or fee in accordance with the procedures of paragraph (b) of this clause for violations of the statute by its subcontractors by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was first definitively priced. (d) In addition to the remedies in paragraphs (a) and (c) of this clause, the Government may terminate this contract for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract. (End of Clause) 52.203-17 - Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) (a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908. (b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold. (End of clause) 52.203-18 - Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) (a) Definition. As used in this provision-- "Internal confidentiality agreement or statement", "subcontract", and "subcontractor", are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (b) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General). (End of provision) 52.203-5 -- Covenant Against Contingent Fees (May 2014) (a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee. (b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. "Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. "Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. "Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. (End of Clause) 52.204-13 - System for Award Management Maintenance (Oct 2018) (a) Definition. As used in this clause-- "Electronic Funds Transfer (EFT) indicator" means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. "Registered in the System for Award Management (SAM)" means that- (1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM; (2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record "Active". "System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes- (1) Data collected from prospective Federal awardees required for the conduct of business with the Government; (2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and (3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. "Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers. (b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first. (c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (d) (1) (i) If a Contractor has legally changed its business name or ''doing business as'' name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to-- (A) Change the name in the SAM; (B) Comply with the requirements of subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract. (3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished. (e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov. (End of Clause) 52.204-19 - Incorporation by Reference of Representations and Certifications (Dec 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (End of clause) 52.204-22 - Alternative Line Item Proposal (Jan 2017) (a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror. (b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable. (End of provision) 52.209-10 - Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) (a) Definitions. As used in this clause-- "Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. (b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause. (c) Exceptions to this prohibition are located at 9.108-2. (d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event. (End of clause) 52.209-6 -- Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (a) Definition. "Commercially available off-the-shelf (COTS) item," as used in this clause-- (1) Means any item of supply (including construction material) that is- (i) A commercial item (as defined in paragraph (1) of the definition in FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. (b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract in excess of $35,000 with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so. (c) The Contractor shall require each proposed subcontractor whose subcontract will exceed $35,000, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government. (d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following: (1) The name of the subcontractor. (2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM. (3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM. (4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment. (e) Subcontracts. Unless this is a contract for the acquisition of commercial items, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that- (1) Exceed $35,000 in value; and (2) Is not a subcontract for commercially available off-the-shelf items. (End of Clause) 52.214-34 -- Submission of Offers in the English Language (Apr 1991) Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected. (End of Provision) 52.217-5 -- Evaluation of Options (Jul 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of Provision) 52.222-26 -- Equal Opportunity (Sep 2016) (a) Definitions. As used in this clause-- "Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement. "Compensation information" means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation. "Essential job functions" means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if- (1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or (2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information. "Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html. "Sexual orientation" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html. "United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (b) (1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5). (c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to -- (i) Employment; (ii) Upgrading; (iii) Demotion; (v) Transfer; (v) Recruitment or recruitment advertising; (vi) Layoff or termination; (vii) Rates of pay or other forms of compensation; and (viii) Selection for training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (5) (i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by-- (A) Incorporation into existing employee manuals or handbooks; and (B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment. (6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (7) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (8) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms. (9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the (OFCCP) for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order. (10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, in the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. (11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. (d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR part 60-1. [Class Deviation- 2017-O0008, Office of Federal contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts. This clause deviation is effective on Sept 01, 2017, and remains in effect until incorporated into the FAR, or otherwise rescinded. (d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR part 60-1. Notwithstanding the provisions of this section, the Contractor will not be obligated to develop the written affirmative action program required under the regulations implementing E.O. 11246. (End of Clause) 52.222-35 -- Equal Opportunity for Veterans (Oct 2015) (a) Definitions. As used in this clause-- "Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran,' and "recently separated veteran" have the meanings given at FAR 22.1301. (b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans. (c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate of identify properly the parties and their undertakings. [Class Deviation- 2017-O0008, Office of Federal contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts. This clause deviation is effective on Sept 01, 2017, and remains in effect until incorporated into the FAR, or otherwise rescinded. (d) Notwithstanding the provisions of this section, the Contractor will not be obligated to develop the written affirmative action program required under the regulations implementing the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA). (End of Clause) 52.222-36 - Equal Opportunity for Workers With Disabilities (Jul 2014) (a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities. (b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings. [Class Deviation- 2017-O0008, Office of Federal contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts. This clause deviation is effective on Sept 01, 2017, and remains in effect until incorporated into the FAR, or otherwise rescinded. (c) Notwithstanding the provisions of this section, the Contractor will not be obligated to develop the written affirmative action program required under the regulations implementing section 503 of the Rehabilitation Act of 1973, as amended. (End of Clause) 52.222-40 - Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the national Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f). (1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contact. (2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers." (b) This required employee notice, printed by the Department of Labor, may be- (1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs; (2) Provided by the Federal contracting agency if requested; (3) Downloaded from the Office of Labor-management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm ; or (4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster. (c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471. (d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor. (e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may beterminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4 Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law. (f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the Unites States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor. (2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause. (3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. (4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States. (End of clause) 52.222-50 -- Combating Trafficking in Persons (Jan 2019) (a) Definitions. As used in this clause- "Agent" means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization. "Coercion" means- (1) Threats of serious harm to or physical restraint against any person; (2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (3) The abuse or threatened abuse of the legal process. "Commercial sex act" means any sex act on account of which anything of value is given to or received by any person. "Commercially available off-the-shelf (COTS) item" means-- (1) Any item of supply (including construction material) that is- (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. "Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined. "Employee" means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance. "Forced labor" means knowingly providing or obtaining the labor or services of a person- (1) By threats of serious harm to, or physical restraint against, that person or another person; (2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or (3) By means of the abuse or threatened abuse of law or the legal process. "Involuntary servitude" includes a condition of servitude induced by means of- (1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or (2) The abuse or threatened abuse of the legal process. "Recruitment fees" means- Fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee. (1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for-- (i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees; (ii) Advertising; (iii) Obtaining permanent or temporary labor certification, including any associated fees; (iv) Processing applications and petitions; (v) Acquiring visas, including any associated fees; (vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees; (vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications; (viii) An employer's recruiters, agents or attorneys, or other notary or legal fees; (ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees; (x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds; (xi) Transportation and subsistence costs-- (A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and (B) From the airport or disembarkation point to the worksite; (xii) Security deposits, bonds, and insurance; and (xiii) Equipment charges. (2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is-- (i) Paid in property or money; (ii) Deducted from wages; (iii) Paid back in wage or benefit concessions; (iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or (v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to-- (A) Agents; (B) Labor brokers; (C) Recruiters; (D) Staffing firms (including private employment and placement firms); (E) Subsidiaries/affiliates of the employer; (F) Any agent or employee of such entities; and (G) Subcontractors at all tiers. "Severe forms of trafficking in persons" means- (1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. "Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act. "Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. "Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor. "United States" means the 50 States, the District of Columbia, and outlying areas. (b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not- (1) Engage in severe forms of trafficking in persons during the period of performance of the contract; (2) Procure commercial sex acts during the period of performance of the contract; (3) Use forced labor in the performance of the contract; (4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority; (5) (i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language understood by the employee or potential employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work; (ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place; (6) Charge employees or potential employees recruitment fees; (7) (i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment-- (A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or (B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that-- (ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is-- (A) Legally permitted to remain in the country of employment and who chooses to do so; or (B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation; (iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply. (8) Provide or arrange housing that fails to meet the host country housing and safety standards; or (9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons. (c) Contractor requirements. The Contractor shall- (1) Notify its employees and agents of- (i) The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and (ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and (2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause. (d) Notification. (1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of- (i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and (ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause. (2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value. (e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in- (1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract; (2) Requiring the Contractor to terminate a subcontract; (3) Suspension of contract payments until the Contractor has taken appropriate remedial action; (4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance; (5) Declining to exercise available options under the contract; (6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or (7) Suspension or debarment. (f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following: (1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations. (2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so. (g) Full cooperation. (1) The Contractor shall, at a minimum- (i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct; (ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents; (iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and (iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities. (2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not- (i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; (ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or (iii) Restrict the Contractor from- (A) Conducting an internal investigation; or (B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation. (h) Compliance plan. (1) This paragraph (h) applies to any portion of the contract that- (i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and (ii) Has an estimated value that exceeds $500,000. (2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate- (i) To the size and complexity of the contract; and (ii) To the nature and scope of the activities to be performed for the Government, including the number of non-United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons. (3) Minimum requirements. The compliance plan must include, at a minimum, the following: (i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/. (ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org. (iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee or potential employees, and ensures that wages meet applicable host-country legal requirements or explains any variance. (iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards. (v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities. (4) Posting. (i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing. (ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request. (5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that- (i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and (ii) After having conducted due diligence, either- (A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or (B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions. (i) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that- (A) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and (B) Has an estimated value that exceeds $500,000. (2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause. (End of clause) 52.232-1 -- Payments (Apr. 1984) The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if -- (a) The amount due on the deliveries warrants it; or (b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price. (End of Clause) 52.232-11 -- Extras (Apr 1984) Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price therefor have been authorized in writing by the Contracting Officer. (End of Clause) 52.232-25 -- Prompt Payment (Jan 2017) Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer (EFT). Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see subparagraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.) (a) Invoice payments -- (1) Due date. (i) Except as indicated in paragraphs (a)(2) and (c) of this clause, the due date for making invoice payments by the designated payment office shall be the later of the following two events: (A) The 30th day after the designated billing office receives a proper invoice from the Contractor (except as provided in paragraph (a)(1)(ii) of this clause). (B) The 30th day after Government acceptance of supplies delivered or services performed. For a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement. (ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date is the 30th day after the date of the Contractor's invoice; provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. (2) Certain food products and other payments. (i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are -- (A) For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)), and as further defined in Pub. L. 98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7th day after product delivery. (B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)), as close as possible to, but not later than, the 7th day after product delivery. (C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(4)), as close as possible to, but not later than, the 10th day after product delivery, unless another date is specified in the contract. (D) For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10th day after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to refrigerated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will be followed in specifying a contract payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation. (ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract. (3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(3)(i) through (a)(3)(x) of this clause. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. The Government will take into account untimely notification when computing any interest penalty owed the Contractor. (i) Name and address of the Contractor. (ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.) (iii) Contract number or other authorization for supplies delivered or services performed (including order number and line item number). (iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. (vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice. (viii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (ix) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (x) Any other information or documentation required by the contract (e.g.. evidence of shipment.) (4) Interest penalty. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty. (i) The designated billing office received a proper invoice. (ii) The Government processed a receiving report or other Government documentation authorizing payment, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition. (iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor. (5) Computing penalty amount. The Government will compute the interest penalty in accordance with Office of Management and Budget prompt payment regulations at 5 CFR part 1315. (i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities. (ii) The prompt payment regulations at 5 CFR 1315.10(c) do not require the Government to pay interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes. (6) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR part 1315. (7) Additional interest penalty. (i) The designated payment office will pay a penalty amount, calculated in accordance with the prompt payment regulations at 5 CFR part 1315 in addition to the interest penalty amount only if-- (A) The Government owes an interest penalty of $1 or more; (B) The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount is paid; and (C) The Contractor makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a)(7)(ii) of this clause, postmarked not later than 40 days after the invoice amount is paid. (ii) (A) The Contractor shall support written demands for additional penalty payments with the following data. The Government will not request any additional data. The Contractor shall -- (1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required; (2) Attach a copy of the invoice on which the unpaid late payment interest was due; and (3) State that payment of the principal has been received, including the date of receipt. (B) If there is no postmark or the postmark is illegible-- (1) The designated payment office that receives the demand will annotate it with the date of receipt, provided the demand is received on or before the 40th day after payment was made; or (2) If the designated payment office fails to make the required annotation, the Government will determine the demand's validity based on the date the Contractor has placed on the demand; provided such date is no later than the 40th day after payment was made. (iii) The additional penalty does not apply to payments regulated by other Government regulations (e.g., payments under utility contracts subject to tariffs and regulation). (b) Contract financing payments. If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause. (c) Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice. (d) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (1) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (i) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (ii) Affected contract number and delivery order number if applicable; (iii) Affected line item or subline item, if applicable; and (iv) Contractor point of contact. (2) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (End of Clause) 52.232-8 -- Discounts for Prompt Payment (Feb 2002) (a) Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices. (b) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day. (End of Clause) 252.232-7006 Wide Area WorkFlow Payment Instructions. As prescribed in 232.7004 (b), use the following clause: WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) (a) Definitions. As used in this clause- "Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization. "Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). "Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system. "Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov ; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/ (e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order: (1) Document type. The Contractor shall submit payment requests using the following document type(s): (i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher. (ii) For fixed price line items- (A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer. Invoice and Receiving Report (Combo) (B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer. N/A (iii) For customary progress payments based on costs incurred, submit a progress payment request. (iv) For performance based payments, submit a performance based payment request. (v) For commercial item financing, submit a commercial item financing request. (2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract. [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.] (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0490 Issue By DoDAAC W9124G Admin DoDAAC** W9124G Inspect By DoDAAC W9124G Ship To Code N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) W31BMY Service Acceptor (DoDAAC) W31BMY Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A (4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable. (5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. (g) WAWF point of contact. theresa.a.rackley.civ@mail.mil (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. tewanna.k.marks.civ@mail.mil (2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed. (End of clause)
Web Link: FBO.gov Permalink
(https://www.fbo.gov/notices/fbcf8909cfdc559676ccfc7187fc3e2f)
Place of Performance: Address: Fort Rucker, Alabama, 36362, United States; Zip Code: 36362
Record: SN05448843-W 20190920/190918230800-fbcf8909cfdc559676ccfc7187fc3e2f (fbodaily.com)
Source: FedBizOpps Link to This Notice
(may not be valid after Archive Date)

| FSG Index | This Issue's Index | Today's FBO Daily Index Page |

Loren Data's SAM Daily™

S -- Lyster Army Health Clinic Security System