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Res No 147-23-16080RESOLUTION NO. 147-23-16080 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE PURCHASE OF A MESSAGE BOARD TRAILER TOGETHER WITH TRAFFIC DATA AND LICENSE PLATE READER (LPR) TECHNOLOGY FROM MILLENIUM PRODUCTS INC. UTILIZING THE TERMS AND CONDITIONS OF GSA CONTRACT NO. GS-07F-5791R IN AN AMOUNT NOT TO EXCEED $59,466.70; AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER OR ENTER INTO AN AGREEMENT RELATING TO THE SAME; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami (the "City") Police Deparhnent is in need of one message board trailer together with traffic data and license plate reader (LPR) technology (the "Equipment") to provide services for the safety of the City's residents and visitors and facilitate the provision of day-to-day operations of the Police Department; and WHEREAS, the purchase contemplated by the City bas been competitively bid by the GSA Advantage, a cooperative government purchasing service created by the U.S. General Services Administration, which has entered into Contract No. GS-07F-003 l W ("GSA Contract") for the Equipment with Millenium Products, Inc. (the "Vendor''); and WHEREAS, Article III, Section 5.H of the City Charter provides that the City may make purchases through other governmental agencies that have followed similar bidding procedures; and WHEREAS, the Vendor has provided the City with a quote attached hereto as Exhibit "A" (the "Quote") for the purchase of the Equipment in the amount of $59,466.70 based on the pricing of the GSA Contract; and Page 1 of3 Res. No. 147-23-16080 WHEREAS, the C ity Commission desires to authorize the City Manager to purchase the Equipment from the Vendor in a n amount not to exceed $59,466.70 consi stent with the terms and conditions of the GSA Contrac t a nd th e Quote; a nd WHEREAS, th e purc hase of the Equipment shall be charged to account 301-I 9 10-52 1- 6440; a nd WHEREAS, the City Commission find s th at t hi s Resolution is in the b es t interest and welfare of the C ity. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Recitals. The above-stated recitals a rc true and correct and a re incorporated herein by thi s refere nce. Section 2. Approval of Purchase and Authorization. The Ci ty Manager is he reby authorized to purchase the Equipment from the Ve ndor in an am ount not to exceed $59,466.70 consis te nt with th e tenns and conditi o ns of the GSA Contract and the Quote attached hereto as Ex hibit "A,'' subj ec t to a purc hase order or agreeme nt acceptable in form and substance to the City Manager and C ity Attorney. Section 3. lm1>lementation. The City Manager is hereby au tho ri zed to take a ny and a ll actions necessary to implement th e purposes of thi s Resolution. Section 4. Corrections. Con for ming language o r technical scri vener-type correcti o ns may b e made by the C it y A ttorney for any conformin g a m endments to be incorporated into the final resolution for signature. Section 5. adoption. Effective Date. This Resolution s hall become effecti ve immediately upon Page 2 of3 Res. No. 147-23-16080 PASSED AND ADOPTED this~ day of November, 2023. ATTEST: READ AND APPROVED AS TO FORM, LANGUAGE , LEGALITY AND EXECUTION THEREOF WEISS ~COLE & BIERMAN , P .L. CITY ATTORNEY APPROVED: COMMISSION VOTE: Mayor Fernandez: Vice Mayor Bonich: Commissioner Calle: Commis s ioner Liebman: Commissioner Corey: Page 3 of3 4-1 Yea Nay Yea Yea Yea Agenda Item No:2. City Commission Agenda Item Report Meeting Date: November 7, 2023 Submitted by: John Barzola Submitting Department: Police Department Item Type: Resolution Agenda Section: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE PURCHASE OF A MESSAGE BOARD TRAILER TOGETHER WITH TRAFFIC DATA AND LICENSE PLATE READER (LPR) TECHNOLOGY FROM MILLENIUM PRODUCTS INC. UTILIZING THE TERMS AND CONDITIONS OF GSA CONTRACT NO. GS-07F-5791R IN AN AMOUNT NOT TO EXCEED $59,466.70; AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER OR ENTER INTO AN AGREEMENT RELATING TO THE SAME; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-POLICE DEPARTMENT) Suggested Action: Attachments: FY_2024_LPR_Message_Trailer_Purchase_Memo__1_.docx 47L3294-Resolution_Approving_Purchase_of_Message_Board_Trailer_and_LPR_Technology_from_Millenium_Produ cts (1).doc Exhibit A - Ouote Q-09636 South Miami PD (FL) - LPR Message Board.pdf GSA Co Op Program.docx 1_SOLICITATION DOCUMENT FOR 47QSMD20R0001 Refresh 17.pdf Contract Award Schedule.PDF PRCE LIST GS07F0031W M0109 10-6-23_Complete.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor &Members of the City Commission FROM:Genaro “Chip” Iglesias, City Manager DATE:November 7, 2023 SUBJECT:Purchase of Message Board with License Plate Reader RECOMMENDATION:Authorize the purchase of a message board with a license plate reader and traffic data capture technology in an amount not to exceed $59,466.70 BACKGROUND:The Police Department has been researching a platform that would provide several solutions to meet the needs of the Department, including license plate reader (LPR) technology, traffic data capture,and message board. LPR technology will provide on-duty officers notice of possible felony vehicles and/or wanted subjects or other possible violations leading to increased detection of criminal activity. Traffic data collection will provide the City with an additional tool for identifying areas with traffic issues such as speeding. The traffic data can be utilized for personnel deployment for enforcement efforts and to identify the times in which issues are more prevalent. Lastly, the message board will provide the City with the ability to notify its residents and visitors of upcoming events and activities. The Millenium trailer utilizes Vigilant/Motorola technology for its LPR cameras which the Police Department already utilizes. The trailer will be purchased from Millenium Products Inc.utilizing Government Services Administration (GSA) Contract 334220/GS-07F-0031W awarded October 5, 2009,and expiring October 4, 2024. ACCOUNT: 301-1910-521-6440 Attachments: Resolution Millenium Quote GSA Co-op Program Solicitation Document Contract Award Schedule Millenium Price List 2 Purchaser: John Barzola Purchaser Phone Number: Purchaser Email: jbarzola@southmiamifl.gov Quote Name: South Miami PD (FL) - LPR Message Board Quote #: Q-09636-3 Job Number: 8667 Date: 9/29/2023 Expires On: 10/29/2023 Phone: 888-901-7430 Millenium Products, Inc. 621 Monte Cristo Blvd Saint Petersburg, FL 33715 Office Phone: 888-901-7430 Fax: 801-469-7778 Email: gsa@milleniumproducts.net UEI # H1HSJPFM78R5 Federal ID # 86-1159194 CAGE # 3DNW8 DUNS # 102694671 GS-07F-0031W: Surveillance Equipment, Light Towers GS-07F-5791R: Traffic Safety Equipment GSA Purchase Orders must indicate the GSA contract number in order to receive pricing on this quote. For further details about Cooperative Purchasing and Disaster Purchasing programs, please contact us or refer to the GSA Multiple Award Schedule information at https://www.gsa.gov/buy-through-us/purchasing-programs/gsa-multiple-award-schedule. Orders received not indicating a GSA contract number can be accepted at our Commercial Price List only. Your governmental agency is eligible for the following GSA pricing on GSA Contract: 334220 / GS-07F-0031W Ship To South Miami Police Department (FL) 6130 Sunset Dr South Miami, FL 33143 USA Bill To South Miami Police Department (FL) 6130 Sunset Dr South Miami, FL 33143 USA SALESPERSON Phone Number EMAIL DELIVERY METHOD PAYMENT METHOD Mike Reese (727) 902-1173 mreese@vettedsecuritysolutions.com Ground Net 30 2 Camera ALPR Message Board Trailer QTY PART #DESCRIPTION SIN CONTRACT UNIT PRICE NET UNIT PRICE EXTENDED PRICE 1.00 GSA-VSS- VMS-LPR Our ALPR Message Board trailer has a 2x 25mm ALPR Cameras w/ onboard PC, keyboard, mouse, remote web monitor which gives you the capability to view power levels / solar charging remotely. It also has intelligent low voltage disconnects and high and low temperature shut offs. 334220 GS-07F- 0031W $49,329.97 $49,329.97 $49,329.97 1.00 GSA-VSS-SL Per System License for Mobile or Fixed LPR (License Plate Reader) System 334220 GS-07F- 0031W $881.61 $881.61 $881.61 Page 1 of 3 6 QTY PART #DESCRIPTION SIN CONTRACT UNIT PRICE NET UNIT PRICE EXTENDED PRICE 2.00 GSA-VSS-CL1 Basic Service License for 0-14 Cameras 334220 GS-07F- 0031W $528.96 $528.96 $1,057.92 2.00 GSA-VSS-L5F- ENC Optional Security Upgrade; Single Vetted L5F Camera Enclosure; Requires Qty 2 Per Trailer 334220 GS-07F- 0031W $248.98 $248.98 $497.96 1.00 GSA-VSS- WNC-DATA- CLSF Wanco Traffic Data Classifier added to trailer (Is Not Applicable to Rotary Style ICC Board) 334220 GS-07F- 0031W $2,549.24 $2,549.24 $2,549.24 1.00 VSS-SHIP- TRLR Flat Rate Shipping for Trailer $950.00 $950.00 $950.00 2 Camera ALPR Message Board Trailer TOTAL:$55,266.70 Optional Extended Hardware Warranty QTY PART #DESCRIPTION SIN CONTRACT UNIT PRICE NET UNIT PRICE EXTENDED PRICE 1.00 GSA- CDMS24HWW 2-Camera Mobile LPR System - Extended Hardware Warranty - Years 2 through 5 334220 GS-07F- 0031W $4,200.00 $4,200.00 $4,200.00 Optional Extended Hardware Warranty TOTAL:$4,200.00 Project Total: $59,466.70 Scope of Work Notes Terms & Conditions 1. Client MUST have loading dock (required for full size) or forklift with 8’ forks in order to offload most trailer equipment (except ALPR trailers in FL). Client may choose to arrange offloading with a local towing company. 2. For all Investigative Data Platforms & Intelligence Lead Policing Commercial Data subscriptions fees increase annually by 4% each year. 3. CLK fees are shown for budget purposes only. Please DO NOT issue PO to Millenium Products, Inc. for renewals of CLK fees. 4. Any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee, or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Millenium Products, Inc. and Purchaser shall be paid by Purchaser in addition to the price quoted or invoiced. In the event Millenium, Products, Inc. is required to pay any such tax, fee, or charge, Purchaser shall reimburse Millenium Products, Inc. therefore or, in lieu of such payment, Purchaser shall provide Millenium Products, Inc. at the time the Contract is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge. Signature: Effective Date: ______/______/______ Name (Print): Title: Page 2 of 3 7 Please sign and email to lori@milleniumproducts.net Since 1999 Powerful Solutions Proven Results Portable Light Towers • Traffic Safety equipment • Surveillance Equipment • License Plate Reader/ALPR Systems • Real-Time Crime Centers THANK YOU FOR YOUR BUSINESS! Page 3 of 3 8 U.S. General Services Administration Cooperative Purchasing The Cooperative Purchasing Program allows state, local, and tribal governments to purchase IT, security, and law enforcement products and services offered through specific Schedule Special Item Numbers (SINs). See GSA Multiple Award Schedule,Schedule Buyers,Schedule Features,Schedule News and Updates, and Schedule Electronic Tools for more information. Eligibility 40 U.S.C § 502 (c) offers the following definition of state or local government: "The term, 'State or local government' includes any State, local, regional, or tribal government, or any instrumentality thereof (including any local educational agency or institution of higher education)." Educational institutions include: Local elementary, middle, and high schools operated by public school boards. Public colleges, community colleges, and technical colleges. Public universities that provide at least a two-year program that offers a degree or offers credit toward such a degree. The term does not include contractors or grantees of state or local governments. State and Local Governments Commercial products and services are available for purchase by state and local governments, including tribal governments and educational institutions defined under 40 U.S.C. § 502(c), under certain authorities. These products and services are provided through the GSA Multiple Award Schedule (MAS) program. Convenient purchasing resources and support for state and local governments [PDF - 436 KB]provides an overview of the resources available to state and local (S&L) government entities. These entities should always coordinate purchases in accordance with applicable laws and guidance from relevant agencies, such as guidance issued by the Federal Emergency Management Agency (FEMA) when purchasing under the Disaster Purchasing Program. Please note that not all Schedule contractors participate in these programs. Additionally, contractors 9 may offer items under these programs, but may not have supplies available on hand to fulfill state and local requirements. Please contact contractors directly before placing orders on GSA Advantage!to ensure availability of products. Please see GSA Order OGP 4800.2I for information regarding eligibility to use GSA sources of supply and services. If you have a question about eligibility, please visit GSA eligibility determinations. 10 Solicitation Document Title :Multiple Award Schedule Solicitation Number :47QSMD20R0001 Refresh Number :0017 Created on July 20, 2023 11 Introduction A. Solicitation Number: 47QSMD20R0001 B. Refresh Number: 0017 C. For an outline of significant changes, please see "SF30 Attachment" D. Download the solicitation from link here: https://sam.gov/opp/c3621cd18404429498c811896a04f3d2/view We appreciate your interest in the Multiple Award Schedule (MAS) Program. Under MAS, the General Services Administration (GSA) establishes long-term Government-wide contracts with commercial firms to provide government buyers with access to a wide variety of commercial supplies, services, and solutions. In order to download and view the current solicitation (47QSMD20R0001) posted on Beta.SAM website; please go to the following link: https://beta.sam.gov/. You will see the following "NOTE" at the top of the page: Note: There have been new actions to this contract opportunity. To view the most recent action, please click here. By clicking here, you will be brought to the latest Solicitation and Large Category Attachments. The 01 - Solicitation link will take you to the current Schedule which contains Instructions Applicable to All Offerors. The Large Category Attachments (02 - 13) outline additional evaluation criteria, requirements and information specific to the category, subcategory, or Special Item Numbers only. Solicitation and category specific attachments and templates needed to complete your offer are found on the MAS Scope and Templates page (www.gsa.gov/masscopeandtemplates). Before you submit your offer, please visit the MAS Roadmap (www.gsa.gov/masroadmap). This page will help you understand the offer submission process, what it means to have a Schedule contract and if it is right for you. Please familiarize yourself with this information prior to completing your offer in GSAs eOffer system (https://eoffer.gsa.gov/). All offers shall be submitted electronically via eOffer at https://eoffer.gsa.gov/. Please visit the eOffer site for the latest information on how to access the system and submit an offer. Additional industry guidance can be found at the Vendor Support Center (http://vsc.gsa.gov/). Need Assistance? Please visit our MAS Resources page for additional support https://www.gsa.gov/buying-selling/purchasing-programs/gsa-schedules/we-are-here-to-help Begin Regulation CP-FSS-2 SIGNIFICANT CHANGES (OCT 1988) The attention of offeror is invited to the following changes made since the issuance of the last solicitation for the supplies/services covered herein: The deleted regulation(s) from previous refresh are listed below Number Title Clause/Provision The added regulation(s) in new refresh are listed below Number Title Clause/Provision 52.204-27 PROHIBTION ON A BYTEDANCE COVERED APPLICATION (JUN 2023) Clause 552.219-74 SECTION 8(A) DIRECT AWARD (SEP 1999) Clause 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a) Clause 47QSMD20R0001 Refresh: 0017 Introduction i 12 PARTICIPANTS (JAN 2017) (DEVIATED I - OCT 2022) The updated regulation(s) in new refresh are listed below Number Title Clause/Provision 552.238-110 COMMERCIAL SATELLITE COMMUNICATION (COMSATCOM) SERVICES (MAY 2023) Clause 552.238-113 SCOPE OF CONTRACT (ELIGIBLE ORDERING ACTIVITIES) (MAY 2023) Clause 552.238-74 INTRODUCTION OF NEW SUPPLIES-SERVICES (INSS) (MAY 2023) Provision 552.238-80 INDUSTRIAL FUNDING FEE AND SALES REPORTING (JUL 2020) (ALTERNATE I – MAY 2023) Clause 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023) Clause SCP-FSS-001 INSTRUCTIONS APPLICABLE TO ALL OFFERORS (JUL 2023) Provision The added SINS in new refresh are listed below SIN #SIN Title Total Sales in $ The deleted SINS in new refresh are listed below SIN #SIN Title Total Sales in $ 47QSMD20R0001 Refresh: 0017 Introduction ii 13 TABLE OF CONTENTS Please click on an item in Table of Contents below to go to the respective location within this document. Section I. Offer Preparation Instructions and Evaluation Criteria................................1 Section IA. Instructions to Offerors.................................................................................2 SCP-FSS-001 -- INSTRUCTIONS APPLICABLE TO ALL OFFERORS (JUL 2023)................................2 Section IB. Offer Preparation Instructions and Evaluation Criteria...........................18 52.204-16 -- COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)..........18 52.204-17 -- OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)................................................19 52.204-20 -- PREDECESSOR OF OFFEROR (AUG 2020).....................................................................20 552.238-102 -- ENGLISH LANGUAGE AND U.S. DOLLAR REQUIREMENTS (MAY 2019)............... 20 552.238-103 -- ELECTRONIC COMMERCE (MAY 2019)......................................................................20 552.238-104 -- DISSEMINATION OF INFORMATION BY CONTRACTOR (MAY 2019)......................21 552.238-70 -- COVER PAGE FOR WORLDWIDE FEDERAL SUPPLY SCHEDULES (MAY 2019) FOR ALL GEOGRAPHIC AREAS.....................................................................................................................22 552.238-71 -- NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAY 2019)..................................22 552.238-72 -- INFORMATION COLLECTION REQUIREMENTS (MAY 2019).....................................22 552.238-75 -- EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEDERAL SUPPLY SCHEDULE) (JAN 2022).......................................................................................22 552.238-76 -- USE OF NON-GOVERNMENT EMPLOYEES TO REVIEW OFFERS (MAY 2019)........23 552.238-77 -- SUBMISSION AND DISTRIBUTION OF AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICE LISTS (MAR 2020)...................................................................................................23 552.238-79 -- CANCELLATION (MAY 2019).......................................................................................... 24 552.238-81 -- PRICE REDUCTIONS (MAY 2019) ..................................................................................24 552.238-81 -- PRICE REDUCTIONS (MAY 2019) (ALTERNATE I - APR 2014)................................... 25 552.238-88 -- GSA ADVANTAGE!® (MAY 2019)....................................................................................25 A-FSS-11 -- CONSIDERATION OF OFFERS UNDER STANDING SOLICITATION (DEC 2022)........25 I-FSS-639 -- CONTRACT SALES CRITERIA (DEC 2022).......................................................................26 I-FSS-644 -- PRODUCTS OFFERED AND SOLD BY VENDORS OTHER THAN THE MANUFACTURER (DEC 2022)...............................................................................................................26 K-FSS-1 -- AUTHORIZED NEGOTIATORS (DEC 2022)........................................................................27 L-FSS-101 -- FINAL PROPOSAL REVISION (JUN 2002).......................................................................27 Section II. Available Offerings.......................................................................................29 Section III Contract Terms and Conditions...................................................................32 552.238-83 -- EXAMINATION OF RECORDS BY GSA (MAY 2019)......................................................32 Section III A. Terms and Conditions Related to Schedule Contract Administration.. 33 52.204-18 -- COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020).....33 52.204-21 -- BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)............................................................................................................................................... 34 52.204-24 -- REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)................................................................. 35 52.204-25 -- PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021).................................................... 38 52.209-12 -- CERTIFICATION REGARDING TAX MATTERS (OCT 2020)...........................................40 52.209-5 -- CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)..................... 41 52.209-7 -- INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)........................ 43 52.209-9 -- UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)............................................................................................................................. 44 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022).........................................................................................45 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023) 61 47QSMD20R0001 Refresh: 0017 14 52.215-20 -- REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA (NOV 2021) (ALTERNATE IV - OCT 2010)................70 52.215-6 -- PLACE OF PERFORMANCE (OCT 1997)........................................................................... 71 52.216-1 -- TYPE OF CONTRACT (APR 1984).......................................................................................71 52.216-32 -- TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEP 2019) (ALT I SEP 2019) Alternate I..................................................................................................................................................71 52.219-1 -- SMALL BUSINESS PROGRAM REPRESENTATIONS (MAR 2023)....................................72 52.223-3 -- HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021) (ALTERNATE I - JUL 1995)...........................................................................................................75 52.225-6 -- TRADE AGREEMENTS CERTIFICATE (FEB 2021)............................................................76 52.233-2 -- SERVICE OF PROTEST (SEP 2006).....................................................................................77 52.252-1 -- SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998).............. 77 52.252-2 -- CLAUSES INCORPORATED BY REFERENCE (FEB 1998)............................................... 78 552.212-4 -- CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) (DEVIATION – FEB 2007) (FAR DEVIATION - JAN 2023).81 552.212-4 -- CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) (FAR DEVIATION - JAN 2023) (ALTERNATE I - NOV 2021) (DEVIATION - FEB 2007)........................................................................................................................88 552.212-71 -- CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA ACQUISITIONS OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)........................................100 552.212-72 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022).................................................................................................101 552.216-70 -- ECONOMIC PRICE ADJUSTMENT - FSS MULTIPLE AWARD SCHEDULE CONTRACTS (SEP 1999) (ALTERNATE I - SEP 1999)........................................................................ 102 552.216-70 -- ECONOMIC PRICE ADJUSTMENT – FSS MULTIPLE AWARD SCHEDULE CONTRACTS (SEP 1999) (DEVIATION II – JUL 2016)....................................................................... 103 552.217-71 -- NOTICE REGARDING OPTION(S) (NOV 1992)............................................................104 552.238-116 -- OPTION TO EXTEND THE TERM OF THE FSS CONTRACT (MAR 2022)...............104 552.238-74 -- INTRODUCTION OF NEW SUPPLIES-SERVICES (INSS) (MAY 2023).......................105 552.238-78 -- IDENTIFICATION OF PRODUCTS THAT HAVE ENVIRONMENTAL ATTRIBUTES (JAN 2022).............................................................................................................................................. 105 552.238-80 -- INDUSTRIAL FUNDING FEE AND SALES REPORTING (JUL 2020).........................107 552.238-80 -- INDUSTRIAL FUNDING FEE AND SALES REPORTING (JUL 2020) (ALTERNATE I – MAY 2023)...............................................................................................................................................109 552.238-82 -- MODIFICATIONS (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE I - MAR 2020)........................................................................................................................................................111 552.238-82 -- MODIFICATIONS (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE II MAY 2019)........................................................................................................................................................112 C-FSS-370 -- CONTRACTOR TASKS / SPECIAL REQUIREMENTS (DEC 2022)...............................113 G-FSS-900-C -- CONTACT FOR CONTRACT ADMINISTRATION (DEC 2022).................................114 I-FSS-106 -- GUARANTEED MINIMUM (DEC 2022)..........................................................................115 I-FSS-40 -- CONTRACTOR TEAM ARRANGEMENTS (DEC 2022).....................................................116 I-FSS-600 -- CONTRACT PRICE LISTS (DEC 2022)............................................................................116 I-FSS-969 -- ECONOMIC PRICE ADJUSTMENT - FSS MULTIPLE AWARD SCHEDULE (OCT 2014) (ALTERNATE II - JUL 2016)..................................................................................................................118 I-FSS-969 -- ECONOMIC PRICE ADJUSTMENT-FSS MULTIPLE AWARD SCHEDULE (OCT 2014)........................................................................................................................................................120 Section III B. Terms and Conditions Related to the Performance of an Order.........123 52.204-2 -- SECURITY REQUIREMENTS (MAR 2021)........................................................................ 123 52.216-22 -- INDEFINITE QUANTITY (OCT 1995)..............................................................................123 52.217-9 -- OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)............................ 124 52.219-18 -- NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a) PARTICIPANTS (JAN 2017) (DEVIATED I - OCT 2022).......................................................................................................... 124 52.223-7 -- NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)..................................................... 125 52.225-19 -- CONTRACTOR PERSONNEL IN A DESIGNATED OPERATIONAL AREA OR SUPPORTING A DIPLOMATIC OR CONSULAR MISSION OUTSIDE THE UNITED STATES (MAY 2020)........................................................................................................................................................125 52.228-3 -- WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) (JUL 2014)..........131 52.232-40 -- PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS 47QSMD20R0001 Refresh: 0017 15 (MAR 2023).............................................................................................................................................131 552.219-74 -- SECTION 8(A) DIRECT AWARD (SEP 1999).................................................................132 552.228-5 -- GOVERNMENT AS ADDITIONAL INSURED (JAN 2016)...............................................133 552.238-100 -- TRANSSHIPMENTS (MAY 2019)..................................................................................133 552.238-101 -- FOREIGN TAXES AND DUTIES (MAY 2019)..............................................................133 552.238-106 -- INTERPRETATION OF CONTRACT REQUIREMENTS (MAY 2019).........................134 552.238-112 -- DEFINITION (FEDERAL SUPPLY SCHEDULES) - NON-FEDERAL ENTITY (MAY 2019)........................................................................................................................................................134 552.238-113 -- SCOPE OF CONTRACT (ELIGIBLE ORDERING ACTIVITIES) (MAY 2023)............134 552.238-114 -- USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS BY NON-FEDERAL ENTITIES (JAN 2022).............................................................................................................................................. 136 552.238-84 -- DISCOUNTS FOR PROMPT PAYMENT (MAY 2019)................................................... 137 552.238-85 -- CONTRACTOR'S BILLING RESPONSIBILITIES (MAY 2019)......................................138 552.238-87 -- DELIVERY PRICES (MAY 2019).....................................................................................138 552.238-97 -- PARTS AND SERVICE (MAY 2019)................................................................................139 552.238-98 -- CLAUSES FOR OVERSEAS COVERAGE (MAY 2019)..................................................139 552.238-99 -- DELIVERY PRICES OVERSEAS (MAY 2019)................................................................ 140 552.246-78 -- INSPECTION AT DESTINATION (JUL 2009)................................................................140 I-FSS-973 -- PAYMENTS BY NON-FEDERAL ORDERING ACTIVITIES (DEC 2022)....................... 140 Section IV. List of Attachments....................................................................................141 47QSMD20R0001 Refresh: 0017 16 Section I. Offer Preparation Instructions and Evaluation Criteria This section outlines the information that all offerors must provide to GSA in order to be considered for award under the MAS Solicitation. Additional information or requirements that apply to specific categories of products and services are noted in the specific category attachments included as part of the solicitation package. Please make sure you know what large category or categories and Special Item Number/s (SIN/s) you will be submitting under your offer, prior to beginning the eOffer process and submitting your offer. The specific large categories, subcategories, and SINs will dictate additional requirements for your offer and additional clause requirements that will flow down to your contract. Please read these instructions and requirements thoroughly. All this information will be reviewed as part of your Schedule offer. All offer information must be submitted in the GSA eOffer system (http://eoffer.gsa.gov). 47QSMD20R0001 Refresh: 0017 Section I. Offer Preparation Instructions and Evaluation Criteria Page: 1 of 143 17 Section IA. Instructions to Offerors The solicitation provision SCP-FSS-001 outlines the administrative, technical, and pricing elements that are required as part of all offer submissions. Begin Regulation SCP-FSS-001 Instructions Applicable to All Offerors (July 2023) (a) Read the entire solicitation document prior to preparing your offer. The Government will consider award to a responsible offeror whose offer conforms to all solicitation requirements, is determined technically acceptable and whose prices are determined fair and reasonable. The Government reserves the right to award or reject without discussions. Therefore, the offeror’s initial proposal should contain the best terms from a price and technical standpoint. (b) Electronic submission of offers via GSA’s eOffer web-based application is mandatory. Offerors must use FAS ID Multi-Factor Authentication (MFA) to access eOffer. Offerors should have at least two Authorized Negotiators who are “Authorized to Sign.” While offerors may use consultants, one Authorized Negotiator must be an employee of the company. To obtain a FAS ID and enroll in the MFA process, please utilize the FAS ID User Guide. Offerors are advised to review the MAS Roadmap site prior to submitting an offer. (c) Offers must be current, accurate, and complete, and demonstrate a thorough understanding of solicitation requirements. By submission of an offer: (1) The offeror has not taken exceptions to the terms and conditions of this solicitation unless explicitly identified in eOffer (see “Exceptions to Terms and Conditions” under the Standard Response module). (2) The offeror understands and agrees to comply with the requirements of all clauses and provisions. Failure to comply with applicable clauses and provisions will result in rejection of the offer. Offerors are responsible for ensuring that their offers meet ALL solicitation requirements and should not assume that deficient items will be clarified prior to the offer being rejected. (3) The offeror understands and agrees to comply with the requirements of GSAR clause, 552.238-80 Industrial Funding Fee and Sales Reporting OR GSAR clause 552.238-80,Industrial Funding Fee and Sales Reporting (Alternate I)if participating in Transactional Data Reporting (TDR) (see paragraph (f) below for more information on TDR). (d) Existing Federal Supply Schedule (FSS) Program contractors, including any small business who does not have its own FSS program contract but is performing under an existing FSS program joint venture contract as a joint venture partner, can submit streamlined offers provided that the contractor meets ALL of the following criteria: (1) The contractor has an active FSS program contract under this Schedule and is submitting a new offer for the same, or a subset of, the Special Item Numbers (SINs) currently awarded under its active FSS program contract. (2) Sales under the existing contract have averaged a minimum of $25,000 per year for the previous five years of reported sales. (3) There is a demonstrated pattern of satisfactory past performance under the existing contract. (4)Only applicable to a small business performing under an active FSS program joint venture contract as a joint venture partner.A small business performing under an active FSS program joint venture contract as a joint venture partner may submit an offer under the streamlined process as long as the existing FSS program joint venture contract meets the requirements at (d)(1)-(3).Note:The small business may only submit an offer for SINs under which it performed as a joint venture partner under the FSS program joint venture contract. The Unique Entity Identifier (UEI) of the small business must not be the same as “the contractor” under the FSS program joint venture contract. (e) A current FSS contractor can submit an offer for a new contract under this Schedule at any time during the existing contract’s period of performance. Typically, the award of a new contract will result in the cancellation of the existing contract upon award. However, if the contractor has one or more active 47QSMD20R0001 Refresh: 0017 Section IA. Instructions to Offerors Page: 2 of 143 18 Blanket Purchase Agreements (BPAs) or has submitted quotes and is awaiting an award decision, it is eligible for the award of a new contract that is allowed to overlap and run alongside the existing one. This is referred to as holding continuous contracts. Holding continuous contracts enables the FSS contractor to complete work under BPAs established under the existing contract, while utilizing the new contract for new business opportunities. A contractor that wishes to hold continuous contracts must complete and upload the Request to Hold Continuous Contracts solicitation attachment to address the below items. See MAS Roadmap. (1) Indicate with its offer that it wishes to hold continuous contracts, along with a listing of all active submitted quotes and established BPAs under the existing contract. For each, the contractor must include the ordering activity name and point of contact, Quote/BPA number and period of performance (including options). (2) Assist the FSS contracting officer in determining the proper cancellation date for the existing contract. The existing contract is to be canceled the day after the final day of the ordering period for the active BPA. In situations where multiple BPAs are active, the cancellation date should be based on the last remaining BPA. (3) Agree not to use the existing contract to compete for new business opportunities after the new contract is awarded. In addition to completing the Request to Hold Continuous Contracts solicitation attachment, all other criteria outlined on the MAS Roadmap must be met. Failure to comply with all proposal instructions may result in rejection of the offer. (f) This solicitation includes Transactional Data Reporting (TDR), which requires contractors that choose to participate in TDR to electronically report the price the federal government paid for an item or services purchased through contracts covered by TDR. TDR participants are not required to provide Commercial Sales Practices (CSP) disclosures or to monitor price reduction violations in accordance with GSAR clause 552.238-81,Price Reductions. Special proposal instructions for TDR participants are detailed in this provision. (g) In addition to compliance with the requirements of this provision, the offeror must also comply with any additional SIN or category specific instructions specified in the solicitation, as applicable. Failure to comply with all proposal instructions will result in rejection of the offer. (h) Withdrawal of Offer: The offeror may withdraw its offer from consideration at any time prior to award or rejection by withdrawing it in eOffer. If an offer is withdrawn, a new offer can be resubmitted at a later date. Information saved from the previous withdrawn offer can be copied over to the new offer, excluding previously uploaded documents. (i) All offerors must comply with the following (unless annotated otherwise). See MAS Roadmap for a detailed MAS Offer Review Checklist. (1)Section I – Administrative/Contract Data i.Applicable to both product and service offers.The offeror must complete the Pathways to Success training*. The Pathways to Success training must be completed by a designated Authorized Negotiator who is also an employee of the company submitting the offer within one year of the date of offer submission. This free training is available through the MAS Roadmap. The training session is approximately four hours total and covers the major factors prospective contractors should consider prior to submitting an offer to GSA. The offeror must acknowledge, through eOffer, that the training has been completed within the past year at the time of offer submission. * The requirement to complete the Pathways to Success training does not apply to contractors that have an active FSS program contract under this Schedule and meet the criteria for submitting a streamlined offer, or to a small business performing under an active FSS program joint venture contract as a joint venture partner see (d) 1-4. ii.Applicable to both product and service offers.The offeror must complete the Readiness Assessment for Prospective Offerors*. The Readiness Assessment must be completed by a designated Authorized Negotiator who is also an employee of the company submitting the offer within one year of the date of offer submission. This free self-assessment is available through the MAS Roadmap. This assessment is designed to assist prospective contractors in determining whether they are ready to pursue a Schedule contract and prepares them to navigate the Schedule offer process. The offeror must acknowledge through eOffer that the 47QSMD20R0001 Refresh: 0017 Section IA. Instructions to Offerors Page: 3 of 143 19 assessment has been completed within the past year at the time of offer submission. *The requirement to complete the Readiness Assessment for Prospective Offerors does not apply to contractors that have an active FSS program contract under this Schedule and meet the criteria for submitting a streamlined offer, or to a small business performing under an active FSS program joint venture contract as a joint venture partner see (d) 1-4. iii.Applicable to both product and service offers.The offeror must be registered with the System for Award Management (SAM). The information provided must be current, accurate, and complete, and reflect at least one of the North American Industry Classification System (NAICS) code(s) for each SIN proposed. Offers from joint ventures.A joint venture offeror must be a separate legal entity registered in SAM under its own UEI and CAGE code. The joint venture offeror cannot share a UEI or CAGE code with any of its joint venture partners. iv.Applicable to both product and service offers.If an offeror was previously awarded a Schedule contract, and it was subsequently canceled or allowed to expire due to low sales, provide a detailed description of the steps the offeror plans to take to generate sales through a new contract that includes the following: (A) A copy of the cancellation letter or notification of determination not to exercise an option. (B) Current Federal sales (either as a prime or subcontractor) in excess of $25,000, for products/services that are within scope of this Schedule, as evidenced by copies of contractual documents that identify the Federal entity and the date and value of the product or services provided, OR a written customer agency request for the offeror’s specific products or services to be available on Schedule. (C) Demonstration that there is a reasonable expectation that any future award will comply with clause I-FSS-639 Contract Sales Criteria. (D) A narrative describing your marketing strategy and steps you will take to ensure you meet the minimum sales requirement (limit 2 pages). Note: If the offeror was previously awarded a Schedule contract that was canceled or allowed to expire due to low or no sales, a new offer for the same Schedule will not be considered unless a minimum of 12 months have passed since the effective date of the cancellation or expiration date of the previous contract. Any offer submitted prior to the completion of this 12-month period will be rejected. v.Applicable to both product and service offers.The offeror must provide annual financial statements* for the previous two-years (audited, if available), unless submitting under Startup Springboard.** At a minimum, each financial statement must consist of a balance sheet and income statement. GSA will use this information to determine financial responsibility. Provide an explanation for any negative financial information disclosed, including negative equity or income. Offerors may be required to provide letters of credit or other documentation to demonstrate that adequate financial resources are available. In accordance with Federal Acquisition Regulation (FAR) 9.104-1(a), contracts will only be awarded to responsible prospective contractors. To be determined responsible, an offeror must have adequate financial resources to perform the contract or the ability to obtain them. Note that 1.) submission of a GSA Form 527 Contractor’s Qualifications and Financial Information does not meet the aforementioned requirements, and 2.) offerors must NOT submit tax returns. *The requirement to provide financial statements does not apply to contractors that have an active FSS program contract under this Schedule and meet the criteria for submitting a streamlined offer, or to a small business performing under an active FSS program joint venture contract as a joint venture partner see (d) 1-4. **Startup Springboard.Offerors with less than two (2) years of corporate experience must provide financial documentation that demonstrates the Offeror's financial responsibility. If no financial statements exist, the contracting officer, after submission, may request additional documentation. The GSA contracting officer (CO) is required to make a determination of financial 47QSMD20R0001 Refresh: 0017 Section IA. Instructions to Offerors Page: 4 of 143 20 responsibility as indicated above. Financial documentation submitted by the Offeror in lieu of financial statements must provide the required information to make this determination. Offers from joint ventures.The Startup Springboard process is available for joint venture offerors with less than two years of corporate experience. When evaluating financial responsibility, the CO will consider financial documentation of the joint venture partners in addition to any financial documentation of the joint venture entity itself. vi.Applicable to both product and service offers.If the offeror is other than a small business, the offeror must prepare and submit a Small Business Subcontracting Plan, as detailed in FAR clause 52.219-9,Small Business Subcontracting Plan. The Small Business Subcontracting Plan must be submitted through the Subcontracting Module in eOffer. The Government will review each plan to ensure it is consistent with the provisions of this clause. Subcontracting plans are subject to negotiation, along with the terms and conditions of any contract resulting from this solicitation. The offeror's subcontracting plan must be approved by the contracting officer prior to award. Failure to submit a Small Business Subcontracting Plan when required will result in the rejection of your offer. The preponderance of work SIN will determine the business size of the offeror at the contract level. The following information is provided for reference only: SBA’s definition of a small business concern can be found via the following link:SBA Size Standards. GSA’s subcontracting goals can be found via the following link:GSA Subcontracting Goals. vii.Applicable to both product and service offers.The offeror must not submit brochures, newsletters, or other marketing materials. viii.Applicable to both product and service offers.An Agent Authorization Letter must be completed and submitted as part of the offer if a consultant or third-party agent assisted in the preparation of the offer, will be involved in any part of the negotiation of the offer, or will be involved in any post-award actions. The template for the Agent Authorization Letter can be found as an attachment to the solicitation. The Agent Authorization Letter has both pre- and post-award delegations. For any resultant contract, the contractor is responsible for initiating a modification to ensure all authorized negotiators and delegations are up-to-date (e.g., removing an authorized negotiator that only has pre-award delegations). Regardless of signature authority, all Authorized Negotiators must obtain a FAS ID and enroll in the Multi-Factor Authentication (MFA) process to access eOffer. ix.Applicable to both product and service offers.Section 508 Standards. Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use information and communication technology (ICT), it must be accessible to people with disabilities. Federal employees and members of the public who have disabilities must have access to, and use of, information and data that is comparable to people without disabilities. x.Applicable to both product and service offers. (A) All proposed products and services must comply with the Trade Agreements Act (TAA). The country of origin for services is the country in which the firm providing services is established. It is the responsibility of the offeror to identify the product’s country of origin. When an item consists of components from various countries and the components are assembled in an additional country, a test to determine country of origin is “substantial transformation” (reference FAR 25.001(c)(2)). The offeror may request an opinion from a third-party expert or make the determination itself. Offerors can go to The Office of Regulations and Rulings within U.S.Customs and Border Protection (CBP), which is the Federal agency responsible for making final substantial transformation determinations (reference 19 CFR Part 177 Subpart B). xi.Applicable to product offers.Supplier Authorization and Letter of Supply Requirements. GSA’s Verified Products Portal (VPP) captures supplier authorization information directly from participating manufacturers and their authorized partners. The VPP enables automated verification and enforcement of supplier authorization and reduces the burden on offerors to 47QSMD20R0001 Refresh: 0017 Section IA. Instructions to Offerors Page: 5 of 143 21 provide individual Letters of Supply. For more information on the VPP, visit GSA’s VPP page. If the offeror is not the manufacturer of the products being proposed, the offeror may only propose products it is authorized to distribute. The offeror can either be authorized by the manufacturer itself, or otherwise authorized pursuant to wholesaler agreements or other policies establishing the offeror’s authority to distribute proposed items. The offeror is also required to have access to an uninterrupted source of supply sufficient to satisfy the Government’s requirements for all proposed products. See clause I-FSS-644,Products Offered and Sold by Vendors Other Than the Manufacturer for details. Offerors are encouraged to check the Verified Products Portal Participation Dashboard to see if their applicable manufacturer (or authorized partner) is providing supplier authorization data in the VPP. (A) If the manufacturer is a VPP participant,no Letter of Supply is required. The Government will utilize available VPP data to verify that the offeror is authorized to sell proposed products and has access to an uninterrupted source of supply. The supplier authorization data in the VPP is authoritative and takes precedence over all other evidence, to include Letters of Supply. (B) If the manufacturer is not a VPP participant, the offeror must upload a Letter of Supply to eOffer. Failure to provide an acceptable Letter of Supply may result in rejection of the offer. A Letter of Supply template is provided as a solicitation attachment. (C)Offers from joint ventures.If the joint venture offeror will not source the offered product(s) itself (e.g., unpopulated which means joint venture offeror does not have its own separate employees to perform contracts awarded to the joint venture), the joint venture offeror must either provide evidence that the joint venture partner sourcing the product(s) is authorized under VPP as described in Section (A) above; or, the joint venture offeror must submit a Letter of Supply from the manufacturer as described in Section (B) above for the joint venture partner sourcing the product(s). xii.Applicable to product offers.GSA continuously gathers information related to product availability in order to mitigate potential customer issues. If an item appears to be obsolete the GSA may request additional information, such as confirmation of sufficient availability of supply. However, given the risk of using obsolete items, particularly Information Communication Technology (ICT) equipment, (i.e. security vulnerabilities as well as legal and regulatory compliance issues), the GSA may decide the item should not be offered under the MAS program and will not award such item(s). xiii.Applicable to product offers.If the offeror is a dealer/reseller or the Offeror will use dealers to perform any aspect of contracts awarded under this solicitation, describe the functions, if any, that the dealer/reseller will perform. xiv.Applicable to product offers.AbilityOne Program Products. The AbilityOne Program is a Federal procurement program that generates jobs for individuals who are blind or have another significant disability. In order to offer AbilityOne products, (i.e., items listed on the AbilityOne Procurement List) under the MAS Solicitation) a vendor must be an authorized AbilityOne Program distributor as designated by the U.S. AbilityOne Commission. The Government will utilize available VPP data to verify the offeror is an authorized AbilityOne Program distributor. Certain commercial products are considered “essentially the same”(ETS)as AbilityOne products. Because AbilityOne products are mandatory purchases for Federal customers, an offeror must not include any ETS items in its FSS proposal. Offerors can search identified ETS products on the AbilityOne website. For more information on the AbilityOne Program, ETS products, and becoming an authorized AbilityOne distributor, please visit the AbilityOne site or contact Mr. Mike Jurkowski at mjurkowski@abilityone.gov/ 703-603-2117. Offers from joint ventures.If the joint venture offeror will not source the offered product(s) itself (e.g., unpopulated which means joint venture offeror does not have its own separate employees to perform contracts awarded to the joint venture), the joint venture offeror must provide evidence that the joint venture partner(s) sourcing the products on the AbilityOne Procurement List is an authorized distributor under the AbilityOne Program. The joint venture offeror must also submit evidence of the AbilityOne Commission’s concurrence with the joint 47QSMD20R0001 Refresh: 0017 Section IA. Instructions to Offerors Page: 6 of 143 22 venture partner(s) providing products on the AbilityOne Procurement List on behalf of the joint venture entity. xv.Applicable to product offers.Manufacturer Part Number (MPN) data must be submitted for all products. The offeror must ensure that the MPN for each proposed product reflects the actual number assigned. Universal Product Code Type A (UPC-A) data must also be submitted for all products for which this information is commercially available. If MPN (and UPC-A data, if commercially available) is submitted incorrectly or not submitted, the offer may be rejected and/or the associated product(s) may not be awarded. xvi.Applicable to product offers.Offerors are advised that following contract award, Schedule contractors offering products under designated Special Item Numbers (SINs) must submit detailed electronic contract data, such as, but not limited to, Universal Product Codes (UPC) and product photos for each item offered on GSA Advantage! using the Schedule Input Program (SIP), Electronic Data Interchange (EDI) or other common-use electronic medium prescribed by GSA. Contractors must follow the detailed guidance and requirements provided on the MAS ‘Contract Requirements and Modification Guidance’ page (www.gsa.gov/mascontractrequirements) when submitting electronic contract data for inclusion on the GSA Advantage! website. xvii.Applicable to product offers.GSA Advantage Purchase Order (PO Portal). The offeror must use EDI, cXML or the GSA Advantage Purchase Order (PO)Portal to provide order acknowledgment information that enables ordering agencies to track the location of an order at any time, from the moment the order is shipped, to the point of delivery and acceptance. The GSA Advantage Purchase Order (PO)Portal gives GSA schedule contractors quick and easy access to purchase orders placed by federal agencies using GSA Advantage or eBuy. The PO Portal allows contractors to view, print and/or download orders and to send order acknowledgment/status directly to ordering agencies. For more information on the PO portal review the PO Portal help guide. xviii.Applicable to product offers. Frustrated Freight. GSAR Clause 552.211-73, Marking, establishes marking and labeling requirements for shipping Federal Government orders. The Government reserves the right to require sample electronic versions of all documents (including but not limited to: Military Shipping Labels, Packing Lists, Unit Level Markings, HAZMAT related documents, etc.) that are required for compliance with the FED-STD-123 and MIL-STD-129 edition in effect as of the date of solicitation issuance. xix.Applicable to both product and service offers from joint ventures. (A) Under the FSS program, a joint venture partner can hold its own FSS program contract as well as be a joint venture partner in a maximum of three different joint venture FSS program contracts, with the exception that the same joint venture partners cannot hold multiple FSS program contracts. (B) All joint venture offerors, regardless of size status, must complete the All Joint Venture section and Appendix A of the Joint Venture Solicitation Attachment available on the MAS Roadmap site. The Joint Venture Solicitation Attachment includes specific requirements only applicable to joint venture offerors (1) Due to current system restrictions in SAM which inhibit proper completion of FAR 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services,all joint venture offerors must complete the provision under Appendix A of the Joint Venture Solicitation Attachment and ensure each joint venture partner who is an immediate owner is identified as required. (C) In addition to the All Joint Ventures section and Appendix A, all joint venture offerors representing themselves as a small or socioeconomic category must complete the Small Business Joint Venture section of the Joint Venture Solicitation Attachment, Appendix B, and Appendix C (as applicable): (1) Due to current system restrictions in SAM.gov which inhibit completion of the most updated version of FAR 52.212-3 Offeror Representations and Certifications - Commercial Products and Commercial Services (also see FAR 52.219-1 Small Business Program Representations),all small business joint venture offerors must complete this section of the provision under Appendix B 47QSMD20R0001 Refresh: 0017 Section IA. Instructions to Offerors Page: 7 of 143 23 of the Joint Venture Solicitation Attachment. (2) Joint venture offerors representing themselves as a socioeconomic category and all mentor-protégé joint venture offerors (regardless of whether they represent themselves as small or a socioeconomic category) must complete the Statement of Assurance under Appendix C of the Joint Venture Solicitation Attachment.** **Note: Appendix C of the Joint Venture Solicitation Attachment is not required to be completed by a small business joint venture offeror between two or more small businesses who are not mentor-protégé joint ventures (see 13 CFR 125.8(d)). Failure to submit the Joint Venture Solicitation Attachment (and any required documents addressed in the attachment) to eOffer in accordance with the attachment instructions may result in the rejection of your offer. (2)Section II – Technical Proposal The offeror must address the four technical proposal factors below. Note that Factors One, Three and Four must be completed directly through eOffer. The submission of uploaded documents to address Factors One, Three and Four will not be considered. i.Applicable to both product and service offers.Factor One - Corporate Experience*: The offeror must provide a narrative description of its corporate experience including all information below. Note that the narrative must be completed directly through the eOffer application by responding to the eOffer prompts; separate attachments addressing Corporate Experience will not be considered. (A) A minimum of two (2) years of corporate experience is required unless submitting under Startup Springboard.** **Startup Springboard:Offerors with less than two (2) years of corporate experience, must submit additional information that demonstrates their ability to manage a company and provide the products/services described under this Schedule. (i.e. information on the professional management and project experience of company executives and key personnel) Offers from joint ventures.The Startup Springboard process is available for joint venture offerors with less than two (2) years of corporate experience. The information required by the Startup Springboard process must be provided for the joint venture entity and/or each of the joint venture partners (each joint venture partner must be addressed in the narrative submitted). (B) Organization’s number of employees, experience in the field, and resources available to enable it to fulfill requirements, (C) Brief history of the offeror’s activities contributing to the development of expertise and capabilities related to this requirement, (D) Information that demonstrates the offeror's organizational (e.g. organizational chart, list of key departments) and accounting controls (e.g. processes and/or systems in place), (E) A description of the resources presently in-house or the ability to acquire the type and kinds of personnel/products proposed, (F) A description of the marketing strategy that will be used to reach Federal ordering activities, (G) A description of the intended use of subcontractors. *The requirement to provide a Corporate Experience narrative does not apply to contractors that have an active FSS program contract under this Schedule and meet the criteria for submitting a streamlined offer, or to a small business performing under an active FSS program contract as a joint venture partner see (d) 1-4. ii.Applicable to both product and service offers.Factor Two - Past Performance*: Past performance information is one indicator of an offeror’s ability to perform the contract 47QSMD20R0001 Refresh: 0017 Section IA. Instructions to Offerors Page: 8 of 143 24 successfully. Offerors must demonstrate a pattern of past performance in accordance with the instructions below. (A) Offerors with three (3) or more interim or final contractor performance assessment reports available in the federal Contractor Performance Assessment Reporting System (CPARS) must verify in eOffer that they have three (3) or more assessment reports available in CPARS that represent: (1) contracts or orders ongoing*** or completed within three (3) years of the date of offer submission; (2) at least three (3) distinct orders and/or contracts; and (3) work similar in scope to products/services included in this solicitation. ***For ongoing contracts with a base year and option years, at a minimum, the base year must have been completed; for multi-year task orders, at a minimum, the first year must have been completed. The offeror must address any negative feedback in the contractor performance assessment reports not previously documented in the CPARS report. Offerors may access CPARS to view previously completed evaluations. If unable to meet these criteria, the offeror must submit a list of relevant customer references and completed Past Performance Questionnaires (PPQ) in accordance with paragraph (B) below. (B) Offerors that do not have any CPARS reports that meet the criteria in paragraph (A) must upload a list of three (3) relevant customer references and three (3) completed Past Performance Questionnaires (PPQ) to eOffer. Offerors with fewer than three (3) CPARS reports that meet the criteria in paragraph (A) must supplement those reports with additional relevant customer references and completed PPQs. The offeror must submit a total of three (3) past performance references from three (3) distinct orders and/or contracts. For example: 1. Offerors with one CPARS report that meets the criteria in paragraph (A) must submit two (2) additional customer references/completed PPQs. 2. Offerors with two CPARS reports that meet the criteria in paragraph (A) must submit one (1) additional customer reference/completed PPQ. 3. Offerors with no CPARS reports that meet the criteria in paragraph (A) must submit three (3) customer references/completed PPQs. Relevant customer references are defined as customers for whom the offeror has performed work similar in scope to products/services included in this solicitation. Relevant customer references must be associated with three (3) distinct orders and/or contracts and the work referenced must have been completed within three (3) years of the date of offer submission. For ongoing contracts with a base year and option years, at a minimum, the base year must have been completed; for multi-year task orders, at a minimum, the first year must have been completed. For each reference listed, the offeror must identify the following: (1) Customer name; (2) Customer point of contact (including name, phone, and email address); (3) Brief description of work performed and the offeror’s role; (4) Dollar value of project; and (5) Period of performance. If the offeror does not have three (3) relevant customer references from three (3) distinct orders and/or contracts, the offeror may substitute customer references for relevant work performed by predecessor companies or key personnel. 47QSMD20R0001 Refresh: 0017 Section IA. Instructions to Offerors Page: 9 of 143 25 The Past Performance Questionnaires must be completed in their entirety by the offeror’s relevant customer references prior to proposal submission. If a customer reference will only complete a PPQ at the request of an FSS Contracting Officer (CO), the offeror can upload a signed letter instead of a completed PPQ which states the relevant customer reference will provide a completed PPQ when requested by the FSS CO. If the offeror fails to upload either the completed Past Performance Questionnaires or the aforementioned letter with its proposal in eOffer, the proposal may be rejected. A relevant customer reference must either complete the Past Performance Questionnaire template published on the MAS Roadmap site or address all of the evaluation areas outlined in the template in a format of their own choosing. Offerors are advised that GSA may contact a customer reference to discuss information provided by a customer reference in a Past Performance Questionnaire. *The requirement to provide Past Performance Information does not apply to contractors that have an active FSS program contract under this Schedule and meet the criteria for submitting a streamlined offer, or to a small business performing under an active FSS program contract as a joint venture partner see (d) 1-4. Offers from joint ventures.If the joint venture offeror cannot demonstrate past performance, the joint venture offeror must provide the information required for each joint venture partner in accordance with the instructions below. If the joint venture offeror is a mentor-protégé joint venture or a socioeconomic joint venture, the protégé or socioeconomic category joint venture partner(s) must verify at least one contractor performance assessment report (available in CPARS) in eOffer in accordance with the instructions under (A) or submit at least one customer reference and one (1) past performance questionnaire in accordance with the instructions under (B). The mentor, or other joint venture partner(s) in a socioeconomic joint venture, must satisfy the remaining past performance requirements. iii.Applicable to both product and service offers.Factor Three - Quality Control: The offeror must provide a Quality Control narrative that addresses the information below. The offeror must provide a single narrative for this factor, regardless of the number of products/services offered. Note that this narrative must be completed directly through the eOffer application by responding to the eOffer prompts; separate attachments addressing Quality Control will not be considered. (A) A description of internal review procedures that facilitate high-quality standards, (B) Identification of individuals responsible for ensuring quality control, (C) Whether or not subcontractors are used and, if so, the quality control measures used to ensure acceptable subcontractor performance, (D) How potential problems areas and solutions are handled, (E) The procedures for ensuring quality performance when meeting urgent requirements, (F) How quality control will be managed when completing multiple projects for multiple agencies simultaneously. iv.Applicable to service offers.Factor Four – Relevant Project Experience: The offerors must submit a narrative demonstrating relevant project experience by responding to the Relevant Project Experience prompts in eOffer. A narrative is required for each proposed services SIN when proposing services and must include the following: (A) A description of one (1) relevant project, not to exceed four (4) pages per project. Each description must clearly indicate the SIN to which it applies, and identify the specific services being proposed under that SIN. The projects must either have been completed within the last two years or be ongoing. For ongoing contracts with a base year and option years, at a minimum, the base year must have been completed; for multi-year task orders, at a minimum, the first year must have been completed. Note: Specific services may have additional requirements under Factor Four. Offerors must also refer to SIN or category specific instructions, for additional Factor Four requirements. The project description must also address the following elements: 47QSMD20R0001 Refresh: 0017 Section IA. Instructions to Offerors Page: 10 of 143 26 (1) Detailed description of SIN relevant work performed and results achieved (2) Methodology, tools, and/or processes utilized in performing the work (3) Demonstration of compliance with any applicable laws, regulations, Executive Orders, OMB Circulars, professional standards, etc. (4) Project schedule (i.e., major milestones, tasks, deliverables), including an explanation of any delays (5) How the work performed is similar in scope and complexity to the work solicited under the proposed SIN (6) Demonstration of required specific experience and/or special qualifications detailed under the proposed SIN. The offeror may use the same project in support of more than one SIN as long as the description clearly identifies the SIN relevant work. All examples of completed services must have been deemed acceptable by the customer. If the offeror was previously awarded a Schedule contract for these services that was canceled or allowed to expire due to low or no sales, the offeror’s relevant project must be a Federal prime contract valued in excess of $25,000. (B) For each project description, must also provide the following customer reference information (this data is not counted towards the four-page-per-project limitation): (1) Customer/client name (2) Project name/contract number (3) Customer point of contact for project (4) Point of contact phone number and email (5) Project performance period (include begin/end dates) (6) Dollar value of the entire project (7) Dollar value received for the work performed relevant to the SIN offered (8) Brief summary of the project as a whole (i.e., background, purpose, etc.) (9) A completed copy of the Statement of Work, Performance Work Statement or Statement of Objectives for the project (C) If relevant project experience does not exist, the offeror may substitute the relevant projects of predecessor companies or key personnel that will be performing major aspects of the work. If the offeror chooses to make such a substitution, the narratives must clearly identify the entity or personnel that performed the services. (D)Offers from joint ventures.If a joint venture offeror does not have relevant project experience for a particular SIN, a joint venture partner may submit the required project experience. The narratives must clearly identify the joint venture partner that performed the work. For a mentor-protégé joint venture or socioeconomic joint venture, the protégé and/or socioeconomic joint venture partner must have relevant project experience for at least one of the SIN(s) offered. (Note: Pursuant to SBA rules, a protege and/or socioeconomic joint venture partner must have some experience in the type of work to be performed under the contract.) * This requirement does not apply to contractors that have an active FSS program contract under this Schedule and meet the criteria for submitting a streamlined offer, or to a small business performing under an active FSS program joint venture contract as a joint venture partner see (d) 1-4. 47QSMD20R0001 Refresh: 0017 Section IA. Instructions to Offerors Page: 11 of 143 27 (3)Section III – Price Proposal i.Applicable to both product and service offers.GSA's pricing goal** is to obtain equal to or better than the offeror’s Most Favored Customer (MFC) pricing as per GSAR 538.270-1, Evaluation of offers without access to transactional data, paragraph (c). GSA seeks to obtain the offeror's best price based on its evaluation of discounts, terms, conditions, and concessions offered to commercial customers. **This requirement does not apply to offerors/contractors that will be participating in TDR. ii.Applicable to both product and service offers.Submit proposed pricing using the attached Price Proposal Template.The Price Proposal Template (PPT)MUST be submitted in Microsoft Office Excel format. The proposed pricing structure must be consistent with the offeror’s commercial practices. Pricing must be clearly identified as based either on a published and publicly-available "Commercial Price List" or a "Commercial Market Price." (A) If the MFC is a Federal agency, but sales exist to commercial customers, identify which, if any, of the commercial customers receive the offeror’s best price. This will allow the Government to establish a "basis of award" customer in accordance with paragraph (a) of GSAR clause 552.238-81,Price Reductions.** Offers from joint ventures.If the joint venture offeror does not have MFC information, it must complete the PPT using the MFC information for the joint venture partner(s) who will be providing the product(s)/service(s) offered. Note: For products, the joint venture partner providing the product must be identified in the “Product Name” column of the Products PPT. For services, the joint venture partner providing the labor category/service must be identified in the “Labor Category/Service Title” column of the Services PPT. **The requirement to provide MFC information on the PPT does not apply to TDR participants. (B) Proposed prices must include the 0.75% Industrial Funding Fee (IFF) (see GSAR clause 552.238-80, Industrial Funding Fee and Sales Reporting OR GSAR clause 552.238-80, Industrial Funding Fee and Sales Reporting (Alternate I) if participating in TDR). This fee will be included in the awarded prices and reflected in the total amount charged to ordering activities. (C) Identical items (products, services, or labor categories) with the same terms and conditions may be awarded under different SINs on the same contract if the prices are the same and the proposed items are within the scope of each SIN. Identical items with the same terms and conditions cannot be awarded on the contract at different price points. (D) The description of discounts offered under this solicitation must include all discounts, such as prompt payment discounts, quantity/dollar volume discounts (indicate whether models/products can be combined within the SIN or whether SINs can be combined to earn discounts), blanket purchase agreement discounts, or purchase option credits. If the terms of sale appearing in the commercial catalogs or price list on which an offer is based are in conflict with the terms of this solicitation, the latter shall govern. iii.Applicable to both product and service offers.Provide supporting documentation for EACH proposed product/service price. Supporting pricing documentation may consist of published and publicly-available commercial catalogs/price lists, copies of invoices, contracts, or quote sheets, and must be submitted with the offer. There must be a clear and relevant relationship between the supporting document and the proposed price it is meant to substantiate. Each supporting document must be clearly labeled with the name of the corresponding proposed product/service.** Offers from joint ventures.Supporting documentation may be sourced from the joint venture offeror or a joint venture partner. Note: If the proposed pricing for a product, service, or labor category is based on the CSP-1 disclosures of a joint venture partner, the supporting documentation substantiating the proposed price must be from the same joint venture partner. **The requirement to provide supporting documentation with the offer does not apply to 47QSMD20R0001 Refresh: 0017 Section IA. Instructions to Offerors Page: 12 of 143 28 offerors/contractors that will be participating in the TDR pilot. However, as per GSAM 538.270-2,Evaluation of Offers with Access to Transactional Data, paragraph (c)(3), if the Government cannot determine the prices offered to be fair and reasonable based on readily available data or market research, it may request the offeror provide other than certified cost or pricing data to facilitate the Government's evaluation of the proposed pricing. iv.Applicable to both product and service offers.If the pricing offered is not equal to or better than the pricing extended to the Most Favored (commercial) Customer, offerors must provide a rationale to enable the contracting officer to determine that offered prices/rates are fair and reasonable.** **This requirement does not apply to offerors/contractors that will be participating in TDR. v. Applicable to both product and service offers.The offeror must propose a mechanism for future price adjustments, as detailed below: (A) If proposed pricing is based on a published or publicly-available commercial price list, submit a copy of the company's current, dated, price list, catalog, or standard rate sheet (note that this must be an existing, standalone document, and not prepared for purposes of this solicitation). Future price adjustments for pricing based on a commercial price list are subject to GSAR clause 552.216-70,Economic Price Adjustment – FSS Multiple Award Schedule Contracts. OR (B) If proposed pricing is based on commercial market prices, future price adjustments are subject to clause I-FSS-969,Economic Price Adjustment – FSS Multiple Award Schedule. The offeror must either propose a fixed annual escalation rate in accordance with I-FSS-969 paragraph (b)(1) OR propose a relevant market indicator (e.g., the Bureau of Labor Statistics Employment Cost Index (ECI)) in accordance with I-FSS-969 paragraph (b)(2). vi.Applicable to both product and service offers.Complete the Commercial Sales Practices Format (CSP-1)** in eOffer in accordance with instructions provided in GSAR Figure 515.4-2. Provide a rationale for the given estimate of GSA contract annual sales. Any deviation from the offeror's commercial sales practices must be explained, including the specific circumstances and frequency of the deviations under Item 4b of the CSP. Offers from joint ventures.If the joint venture offeror will not perform the service(s) or provide the product(s) offered itself, the joint venture offeror must respond to questions 3, 4, and 5 by disclosing the commercial sales practices of the joint venture partner who will be providing the product(s)/service(s) under a particular SIN(s). All information must be submitted to eOffer by the joint venture offeror on one CSP-1 form. The disclosure(s) must clearly identify the joint venture partner who will be providing the product(s)/service(s) under a particular SIN(s). **The requirement to complete the CSP-1 does not apply to offerors/contractors that will be participating in TDR. vii.Applicable to both product and service offers.Full-Product and Broad-Service Offerings. The offeror must provide a full and broad array of proposed products/services. An offer will not be accepted with limited product/service offerings unless it represents a total solution for the offeror or proposed product/service offering. viii.Applicable to both product and service offers.Remanufactured items are only allowable under specific MAS SINs and are designated as such by their SIN description. The remanufactured items must be identified per GSAR clause 552.238-78,Identification of Products that have Environmental Attributes and meet the prescribed definition of “Remanufactured”. Note: Refurbished, reconditioned, remarketed, repaired items are not within scope of the MAS Solicitation. Any items that meet the act of facilitating the transfer of a previously owned device from one party to another by sale, donation, gift, or lease are not within scope of the MAS Solicitation. ix.Applicable to both product and service offers.Fair and Reasonable Pricing. To determine fair and reasonable pricing, the GSA contracting officer may consider many factors, including, but not limited to pricing on competitor contracts and historical pricing. 47QSMD20R0001 Refresh: 0017 Section IA. Instructions to Offerors Page: 13 of 143 29 Offers from joint ventures.If a joint venture partner holds an individual FSS program contract, the joint venture offeror must upload the joint venture partner’s FSS Price List (I-FSS-600), inclusive of the awarded prices/rates, to eOffer. If the joint venture offeror proposes the same products or services with less favorable pricing or pricing terms than those awarded under a joint venture partner’s individual FSS program contract(s), the joint venture offeror must provide written rationale and any supporting evidence/documentation for the less favorable offered prices/rates and/or pricing terms (e.g., labor category performs broader scope of work). **Attention offerors/contractors that will be participating in TDR: To determine fair and reasonable pricing, the GSA contracting officer may consider many factors, including, but not limited to pricing on competitor contracts and historical pricing. x.Applicable to service offers.Offerors proposing services have the option to propose separate rates for "domestic” versus "overseas” and/or “customer facility” versus “contractor facility” if there are variations in costs that depend on where the work is performed. Rates proposed in this manner must be clearly labeled as such and supported through the submission of supporting price documentation, which may include published and publicly-available commercial price lists, copies of invoices, contracts and quote sheets. There must be a clear and relevant relationship between the supporting document and the proposed price it is meant to substantiate. Each supporting document must be clearly labeled with the name of the corresponding proposed service and submitted with the offer.* *The requirement to provide supporting documentation with the offer does not apply to offerors/contractors that will be participating in the TDR pilot. However, as per GSAM 538.270-2 Evaluation of offers with access to transactional data, paragraph (c)(3), if the Government cannot determine the prices offered to be fair and reasonable based on readily available data or market research, it may request the offeror provide other than certified cost or pricing data to facilitate the Government's evaluation of the proposed pricing. (A) For each proposed labor category, the offeror must provide a detailed position description.** Position descriptions must include functional responsibilities, minimum years of experience, minimum educational/degree requirements, and any applicable training or certification requirements. If it is the offeror’s standard commercial practice to substitute experience for education, explain the methodology in use (e.g., five years experience equates to a BA/BS degree). **Offers from joint ventures.For a joint venture offeror who is not performing the labor category(ies)/services itself, each applicable position description must also include the name of the joint venture partner that will provide the labor category/service. (B) For each proposed training course, the offeror must provide a detailed training course description which includes the following information: (1) Title and brief description of the course, including major course objectives (2) Length of course (number of hours/days) (3) Minimum/Maximum number of participants (4) Price for additional students above minimum (if applicable) (5) Support materials provided as part of the course (e.g., training manuals, CDs, DVDs) (C) Fixed Price Services: Provide a description for each fixed price service offered that clearly demonstrates how each service is within scope of the applicable SIN(s). Descriptions should contain sufficient detail to ensure ordering agencies have enough information to know what they’re buying. For a joint venture offeror who does not perform the service itself, each applicable description must also include the name of the joint venture partner that will provide the service. (D) Ancillary Supplies and Services/Other Direct Costs (ODCs) for Marketing and Public Relations Services: Provide a description for all known support products and/or Other Direct Costs (ODCs) that are proposed for award at the Schedule level that clearly describes what the ordering agencies are buying. 47QSMD20R0001 Refresh: 0017 Section IA. Instructions to Offerors Page: 14 of 143 30 (E) Proposed prices must represent fully-burdened rates inclusive of all cost factors (e.g., direct labor, indirect labor, G&A, profit, and IFF). xi.Applicable to service offers.Offerors must submit a Professional Compensation Plan in accordance with FAR provision 52.222-46,Evaluation of Compensation for Professional Employees. Individual compensation disclosure is not required. Submission of the general compensation practices printed in the offeror’s employee handbook is often sufficient. Offers from joint ventures.For a joint venture offeror that is unpopulated, the Professional Compensation Plan for each joint venture partner who will be performing the work must be submitted as a substitution for the Professional Compensation Plan of the joint venture offeror itself. xii.Applicable to service offers.Offerors must submit a copy of its policy that addresses uncompensated overtime, in accordance with FAR provision 52.237-10,Identification of Uncompensated Overtime. Offers from joint ventures.For a joint venture offeror that is unpopulated, the joint venture offeror must submit a copy of the policy that addresses uncompensated overtime for each joint venture partner who will be performing the work. The joint venture offeror must also submit its own uncompensated overtime policy if it employs administrative employees or security officers (which is authorized for unpopulated joint ventures). xiii.Applicable to service offers.Service Contract Labor Standards: Applicable to this solicitation (Service Contract Labor Standards 52.222-41, and related clauses 52.222-42, 52.222-43, 52.222-49, and 52.222-55). (A) The Service Contract Labor Standards (SCLS), formerly known as the Service Contract Act (SCA), applies to some nonprofessional services to be provided under this Schedule excluding pricing offered for services outside of the United States. The SCLS wage determinations applicable to this solicitation and resultant contract are located on the MAS Roadmap. Some of the proposed labor categories may be subject to the SCLS (usually nonprofessional categories and fixed-price services). As such, the offeror should verify that its proposed base rates and fringe benefit rates for these labor categories meet or exceed the SCLS wage determination rates and fringe benefits for the areas included in the geographic scope of the contract (i.e., nationwide); the offeror will be required to comply with applicable SCLS wage determination locality rates and fringe benefits regardless of the price proposed and awarded on any resultant Schedule contract. The offeror may be required to submit supporting documentation for the proposed rates that will allow the contracting officer to conduct price analysis to determine that offered prices are fair and reasonable. (B) Schedule contractors must comply with the base rate and fringe benefit rate requirements of the prevailing SCLS Wage Determination (WD) Revision Number currently incorporated into the GSA Schedule contract. Task orders may not incorporate WDs different from those incorporated into the Schedule contract, as the order may then be in conflict with the Schedule contract terms and conditions. However, Schedule contractors must comply with the WDs incorporated into the Schedule contract based on the rate applicable to the locality in which the work is to be performed, regardless of the pricing proposed and awarded on the contract. WDs based on collective bargaining agreements (CBAs) may be incorporated into a task order if the task order is found to be a successor contract as used in FAR Subpart 22.10; a CBA WD would be applicable only to the task order it is incorporated into and no other orders under that Schedule contract. (C) For each SCLS eligible contract labor category or fixed price service, complete the following information in the below spreadsheet format directly in eOffer (labor categories shown are for example purposes): SCA/SCLS Matrix SCLS Eligible Contract Labor Category/Fixed Price Service SCLS Equivalent Code Title WD Number Secretary 01115 General Clerk I 052059 Driver 31361 Truck driver, Light Truck 052059 47QSMD20R0001 Refresh: 0017 Section IA. Instructions to Offerors Page: 15 of 143 31 Engineering Technician 29081 Engineering Technician I 052059 Administrative Assistant 01011 Accounting Clerk I 052059 (D) The following language must be inserted below the SCLS/SCA matrix in the authorized price list posted on GSA Advantage: "The Service Contract Labor Standards, formerly the Service Contract Act (SCA), apply to this contract and it includes SCLS applicable labor categories. Labor categories and fixed price services marked with a (**) in this price list are based on the U.S. Department of Labor Wage Determination Number(s) identified in the SCLS/SCA matrix. The prices awarded are in line with the geographic scope of the contract (i.e., nationwide)." (E) Escalation of SCLS-covered services must be in accordance with FAR clause 52.222-43 and either clause I-FSS-969 or GSAR clause 552.216-70, as applicable to the contract. Note 1: The contractor will not automatically be allowed an increase in prices based solely on new wage determinations. Contractor may be required to furnish the Schedule Contracting Officer with additional justification for a price increase. Additional justification may include, but is not limited to, invoices, payroll information, current e98s, RFQ, and/or task order information. Note 2: Reference 29 CFR 4.161 Minimum monetary wages under contracts exceeding $2,500, which states: “No change in the obligation of the contractor or subcontractor with respect to minimum monetary wages will result from the mere fact that higher or lower wage rates may be determined to be prevailing for such employees in the locality after the award and before completion of the contract.” Note: Regulation SCP-FSS-001 Note: Effective October 26, 2020, offerors are required to represent to FAR provision 52.204-26(c)(2) (OCT 2020) in the System for Award Management (SAM) whether it does or does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. Offerors that represent, based on a reasonable inquiry, that it does use covered telecommunication, must complete and upload FAR provision 52.204-24(d)(2) to eOffer prior to submitting an offer. If applicable, offerors must also upload the disclosures required by FAR 52.204-24 paragraph (e)(2) to eOffer. Note: Provision 52.204-26 is incorporated by reference in the MAS solicitation via provision 52.212-3. Note: The eOffer Past Performance module is being updated to be consistent with the current solicitation instructions for demonstrating past performance. Note: Labor categories (LCATs) that have special requirements must include differentiation in both the title and the description to comply with specific SIN requirements listed by any of the MAS Category Attachments. If a unique or specific certification or evaluation criteria is required by a specific SIN, then it must be identified in the LCAT description and reflected in the title to indicate that it is different from other LCATs offered. e.g. an LCAT may be entitled Database Administrator for one or more SINs, but may not meet the requirements of the proposed SIN. In this case, the LCAT could be renamed to Database 47QSMD20R0001 Refresh: 0017 Section IA. Instructions to Offerors Page: 16 of 143 32 Administrator xxxxx and have the criteria and description changed to show that there is a difference in the LCATs and that it meets the evaluation criteria of the SIN. MAS 8(a) Offer Instructions: Offerors who are current 8(a) Program participants at the time of their MAS contract offer will be offered by the MAS CO to the Small Business Administration (SBA) for acceptance into the MAS 8(a) Pool. Once accepted by SBA, the 8(a) contract will be added to the 8(a) Pool upon award of the MAS contract. MAS 8(a) Pool contractors will receive an icon 8aS in GSA eTools indicating that they are eligible for competitive set-aside and sole source 8(a) task/delivery order awards. All contractors in the 8(a) pool are eligible for 8(a) sole source task/delivery order awards as long as: - They are active participants in the 8(a) Program at the time of the award of the task/delivery order; - Continue to meet all 8(a) Program eligibility requirements, as determined by SBA; and - Qualify as small for the size standard corresponding to the NAICS code assigned to the order, at the time of award for the task/delivery order The order level CO must obtain order level offer and acceptance from SBA, prior to making a sole source award, to ensure that the contractor meets the criteria above. 8(a) pool contractors that have exited the 8(a) Program may continue to receive new competitive orders under the MAS contract for up to five (5) years from the date of entrance into the 8(a) pool, or until rerepresentation in accordance with FAR 19.301-2(b)(1) (whichever is first). For information on placing a MAS 8(a) order please visit gsa.gov 47QSMD20R0001 Refresh: 0017 Section IA. Instructions to Offerors Page: 17 of 143 33 Section IB. Offer Preparation Instructions and Evaluation Criteria This section outlines additional information relevant to offer preparation, evaluation and award. Begin Regulation 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) (a)Definition. As used in this provision- Commercial and Government Entity (CAGE) code means- (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. (b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word “CAGE” before the number. The CAGE code is required prior to award. (c) CAGE codes may be obtained via- (1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision). (2)The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil. (3)The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity’s country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm. (d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil. (e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government. (f) Do not delay submission of the offer pending receipt of a CAGE code. 47QSMD20R0001 Refresh: 0017 Section IB. Offer Preparation Instructions and Evaluation Criteria Page: 18 of 143 34 (g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word “CAGE” before the number. The CAGE code is required prior to award. Begin Regulation 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020) (a)Definitions. As used in this provision-- Commercial and Government Entity (CAGE) code means-- (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. (b) The Offeror represents that it ______ has or ______ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture. (c) If the Offeror indicates ‘‘has’’ in paragraph (b) of this provision, enter the following information: Immediate owner CAGE code: ______ Immediate owner legal name: ______ (Do not use a ‘‘doing business as’’ name) Is the immediate owner owned or controlled by another entity?: ______ Yes or ______ No. (d) If the Offeror indicates ‘‘yes’’ in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: ______ Highest-level owner legal name: ______ (Do not use a ‘‘doing business as’’ name) 47QSMD20R0001 Refresh: 0017 Section IB. Offer Preparation Instructions and Evaluation Criteria Page: 19 of 143 35 Begin Regulation 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020) (a)Definitions. As used in this provision-- “Commercial and Government Entity (CAGE) code” means-- (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. “Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor. “Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. (b) The Offeror represents that it ______ is or ______ is not a successor to a predecessor that held a Federal contract or grant within the last three years. (c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: ______ (or mark “Unknown”) Predecessor legal name: ________________________(Do not use a “doing business as” name) Begin Regulation 552.238-102 ENGLISH LANGUAGE AND U.S. DOLLAR REQUIREMENTS (MAY 2019) (a) All documents produced by the Contractor to fulfill requirements of this contract including, but not limited to, Federal Supply Schedule catalogs and price lists, must reflect all terms and conditions in the English language. (b) U.S. dollar equivalency, if applicable, will be based on the rates published in the “Treasury Reporting Rates of Exchange” in effect as of the date of the agency's purchase order or in effect during the time period specified elsewhere in this contract. Begin Regulation 552.238-103 ELECTRONIC COMMERCE (MAY 2019) 47QSMD20R0001 Refresh: 0017 Section IB. Offer Preparation Instructions and Evaluation Criteria Page: 20 of 143 36 (a) General background. The Federal Acquisition Streamlining Act (FASA) of 1994 requires the Government to evolve its acquisition process from one driven by paper to an expedited process based on electronic commerce/electronic data interchange (EC/EDI). EC/EDI encompasses more than merely automating manual processes and eliminating paper transactions. EC/EDI improves business processes (e.g. procurement, finance, logistics) into a fully electronic environment and fundamentally changes the way organizations operate. (b) Trading partners and Value-Added Networks (VAN's). (1) Within the electronic commerce architecture, electronic documents (e.g., orders, invoices, etc.) are carried between the Federal Government's procuring office and Contractors (now known as “trading partners”). These transactions are carried by commercial telecommunications companies called Value-Added Networks (VAN's). (2) EDI can be performed using commercially available hardware, software, and telecommunications. The selection of a VAN is a business decision Contractors must make. There are many different VAN's which provide a variety of electronic services and different pricing strategies. If the VAN only provides communications services, you may also need a software translation package. (c) Registration instructions. To perform EDI with the Government, Contractors shall register as a trading partner. Contractors will provide regular business information, banking information, and EDI capabilities to all agencies in this single registration. A central repository of all trading partners is the Systems for Award Management (SAM)http://www.sam.gov. Contractors shall follow the instructions on the SAM website regarding how to register for EDI. (d) Implementation conventions. All EDI transactions must comply with the Federal Implementation Conventions (ICs). The ICs are available on a registry maintained by the National Institute of Standards and Technology (NIST). It is accessible via the INTERNET at http://www.nist.gov/itl. ICs are available for common business documents such as Purchase Order, Price Sales Catalog, Invoice, Request for Quotes, etc. (e) Additional information. GSA has additional information available for Contractors who are interested in using EC/EDI on its website,http://www.gsa.gov. (f) GSA Advantage!®. (1) GSA Advantage!® uses electronic commerce to receive catalogs, invoices and text messages; and to send purchase orders, application advice, and functional acknowledgments. GSA Advantage!® enables customers to: (i) Perform database searches across all contracts by manufacturer; manufacturer's model/part number; Contractor; and generic supply categories. (ii) Generate EDI delivery orders to Contractors, generate EDI delivery orders from the Federal Supply Service to Contractors, or download files to create their own delivery orders. (iii) Use the credit card. (2) GSA Advantage!® may be accessed via the GSA Home Page. The Internet address is: http://www.gsa.gov. Begin Regulation 552.238-104 DISSEMINATION OF INFORMATION BY 47QSMD20R0001 Refresh: 0017 Section IB. Offer Preparation Instructions and Evaluation Criteria Page: 21 of 143 37 CONTRACTOR (MAY 2019) The Government will provide the Contractor with a single copy of the resulting Federal Supply Schedule contract award documents. However, it is the responsibility of the Contractor to furnish all sales outlets authorized to participate in the performance of the contract with the terms, conditions, pricing schedule, and other appropriate information. Begin Regulation 552.238-70 COVER PAGE FOR WORLDWIDE FEDERAL SUPPLY SCHEDULES (MAY 2019) FOR ALL GEOGRAPHIC AREAS Solicitation No. 47QSMD20R0001 Refresh 0017 Federal Supply Schedule Contract for All Geographic Areas. (a) Federal Supply Classification (FSC) GROUP: Various PART: Various SECTION: Various SUPPLY: Various FSC CLASS(ES)/PRODUCT CODE(S)/NAICS: Various (b) STANDARD INDUSTRY GROUP: Various SERVICE: Various SERVICE CODE(S)/NAICS: Various Begin Regulation 552.238-71 Notice of Total Small Business Set-Aside (May 2019) FAR clause 52.219-6, Notice of Total Small Business Set-Aside applies to the following: 314110SBSA 337127CSB 337122SBSA 3FURNISH 337122OSB 337127CFSB 337127CISB 337127LFSB 337127TLSB 337215MSB 337215SBSA 33721RSB 33721SBSA 561320SBSA 3331SBSA 339999ASB 323111SBSA 492210SB 333318SBSA. Begin Regulation 552.238-72 INFORMATION COLLECTION REQUIREMENTS (MAY 2019) The information collection requirements contained in this solicitation/contract are either required by regulation or approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned OMB Control No. 3090-0163. Begin Regulation 552.238-75 EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (a) The Government may make multiple awards for the supplies or services offered in response to this solicitation that meet the definition of a “commercial item” in FAR 52.202 1. Awards may be made to those responsible offerors that offer reasonable pricing, conforming to the solicitation, and will be most 47QSMD20R0001 Refresh: 0017 Section IB. Offer Preparation Instructions and Evaluation Criteria Page: 22 of 143 38 advantageous to the Government, taking into consideration the multiplicity and complexity of products or services of various manufacturers and the differences in performance required to accomplish or produce required end results, production and distribution facilities, price, compliance with delivery requirements, and other pertinent factors. By providing a selection of comparable supplies or services, ordering activities are afforded the opportunity to fulfill their requirements with the products or services that constitute the best value and that meet their needs at the lowest overall cost. (b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Clause) Begin Regulation 552.238-76 Use of Non-Government Employees to Review Offers (May 2019) (a) The Government may employ individual technical consultants/advisors/contractors from the below listed organizations to review limited portions of the technical, management and price proposals to assist the government in both pre-award and post-award functions. [The contracting officer should insert a list of organizations used to review solicitation responses and execute a non-disclosure and organizational conflict of interest statement for all individuals conducting reviews.] To be determined at the task order level (b) These representatives will be used to advise on specific technical, management, and price matters and shall not, under any circumstances, be used as voting evaluators. However, the Government may consider the advice provided in its evaluation process. In addition, Contractor personnel may be used in specific contract administration tasks (e.g.,administrative filing, review of deliverables, etc.). (c) If individual technical consultants/advisors/contractors are utilized as described in (b) above, they will be required to execute a non-disclosure and organizational conflict of interest statements. Begin Regulation 552.238-77 SUBMISSION AND DISTRIBUTION OF AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICE LISTS (MAR 2020) (a) The Contractor shall submit its Authorized Federal Supply Schedule Price List on a common-use electronic medium as prescribed by GSA. Some structured data entry in a prescribed format may be required. (b) Eligible ordering activities will utilize GSA’s online shopping and ordering system to review a Contractors’ price lists. End of clause Note: Regulation 552.238-77 Contractors must follow the detailed guidance and requirements provided in the Contract Requirements and Modification Guidance page (www.gsa.gov/mascontractrequirements) 47QSMD20R0001 Refresh: 0017 Section IB. Offer Preparation Instructions and Evaluation Criteria Page: 23 of 143 39 when submitting electronic data for inclusion on the GSA Advantage! website. Begin Regulation 552.238-79 CANCELLATION (MAY 2019) Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 calendar days after the other party receives the notice of cancellation. If the Contractor elects to cancel this contract, the Government will not reimburse the minimum guarantee. Begin Regulation 552.238-81 PRICE REDUCTIONS (MAY 2019) (a) Before award of a contract, the Contracting Officer and the Offeror will agree upon (1) the customer (or category of customers) which will be the basis of award, and (2) the Government's price or discount relationship to the identified customer (or category of customers). This relationship shall be maintained throughout the contract period. Any change in the Contractor's commercial pricing or discount arrangement applicable to the identified customer (or category of customers) which disturbs this relationship shall constitute a price reduction. (b) During the contract period, the Contractor shall report to the Contracting Officer all price reductions to the customer (or category of customers) that was the basis of award. The Contractor's report shall include an explanation of the conditions under which the reductions were made. (c) (1) A price reduction shall apply to purchases under this contract if, after the date negotiations conclude, the Contractor (i) Revises the commercial catalog, pricelist, schedule or other document upon which contract award was predicated to reduce prices; (ii) Grants more favorable discounts or terms and conditions than those contained in the commercial catalog, pricelist, schedule or other documents upon which contract award was predicated; or (iii) Grants special discounts to the customer (or category of customers) that formed the basis of award, and the change disturbs the price/discount relationship of the Government to the customer (or category of customers) that was the basis of award. (2) The Contractor shall offer the price reduction to the eligible ordering activity with the same effective date, and for the same time period, as extended to the commercial customer (or category of customers). (d) There shall be no price reduction for sales — (1) To commercial customers under firm, fixed-price definite quantity contracts with specified delivery in excess of the maximum order threshold specified in this contract; (2) To Federal agencies; (3) Made to Eligible Ordering Activities identified in GSAR Clause 552.238-113 when the order is placed under this contract (and the Eligible Ordering Activities identified in GSAR Clause 552.238-113 is the agreed upon customer or category of customer that is the basis of award); or (4) Caused by an error in quotation or billing, provided adequate documentation is furnished by 47QSMD20R0001 Refresh: 0017 Section IB. Offer Preparation Instructions and Evaluation Criteria Page: 24 of 143 40 the Contractor to the Contracting Officer. (e) The Contractor may offer the Contracting Officer a voluntary Governmentwide price reduction at any time during the contract period. (f) The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as soon as possible, but not later than 15 calendar days after its effective date. (g) The contract will be modified to reflect any price reduction which becomes applicable in accordance with this clause. Note: Regulation 552.238-81 This clause does not apply to contracts participating in the Transactional Data Reporting (TDR) Pilot. Please refer to clause 552.238-81 Alternate I. Begin Regulation 552.238-81 PRICE REDUCTIONS (MAY 2019) (ALTERNATE I - APR 2014) (a) The Government may request from the Contractor, and the Contractor may provide to the Government, a temporary or permanent price reduction at any time during the contract period. (b) The Contractor may offer the Contracting Officer a voluntary price reduction at any time during the contract period. Note: Regulation 552.238-81 This clause applies to contracts participating in the Transactional Data Reporting (TDR) Pilot. Begin Regulation 552.238-88 GSA ADVANTAGE!®. (MAY 2019) (a) The Contractor shall participate in the GSA Advantage!®online shopping service. Information and instructions regarding Contractor participation are contained in clause 552.238-103,Electronic Commerce. (b) The Contractor shall refer to contract clauses 552.238-77,Submission and Distribution of Authorized FSS Price Lists (which provides for submission of price lists on a common-use electronic medium), and 552.238-82,Modifications (which addresses electronic file updates). Begin Regulation 47QSMD20R0001 Refresh: 0017 Section IB. Offer Preparation Instructions and Evaluation Criteria Page: 25 of 143 41 1 A-FSS-11 CONSIDERATION OF OFFERS UNDER STANDING SOLICITATION (DEC 2022) (a) This solicitation is a standing solicitation from which the Government contemplates award of contracts for supplies/services listed in the Schedule of Items. This solicitation will remain in effect unless replaced by an updated solicitation. (b) There is no closing date for receipt of offers; therefore, offers may be submitted for consideration at any time. (c) An offer may be rejected if an offeror fails to meet timeframes established by the Contracting Officer either to address deficiencies in the offer or to submit a final proposal revision. A resubmission(s) is permitted; however, it may be rejected immediately if it is still deficient in the area(s) that caused its initial rejection. (d) Contracts awarded under this solicitation will be in effect for 5 years from the date of award, unless further extended, pursuant to GSAR clause 552.238-116, Option to Extend the Term of the FSS Contract, canceled pursuant to GSAR clause 552.238-79, Cancellation, or terminated pursuant to the termination provisions of the contract. (End of provision) Begin Regulation I-FSS-639 CONTRACT SALES CRITERIA (DEC 2022) (a) A contract will not be awarded unless anticipated sales are expected to exceed $25,000 within the first 24 months following contract award and are expected to exceed $25,000 in sales each 12-month period thereafter. (b) The Government may cancel the contract in accordance with GSAR clause 552.238-79, Cancellation, unless reported sales are at the levels specified in paragraph (a) of this clause. (End of clause) Begin Regulation I-FSS-644 PRODUCTS OFFERED AND SOLD BY VENDORS OTHER THAN THE MANUFACTURER (DEC 2022) (a)Applicability. This clause applies to offerings and sales of products made by Contractors other than the manufacturer of such products. This clause applies specifically to, but is not limited to, Contractors who are resellers and distributors. This clause does not apply to Contractors who are also the manufacturer of the product(s) being offered and sold under this contract. (b)Terms of Offering and Sales. Contractors shall not offer or sell products under this contract for which they do not have authorization, as applicable, and they lack an uninterrupted source of supply sufficient to satisfy the Government’s requirements. (1) Manufacturer Authorization Program. (i)For products that manufacturers manage through any “authorized supplier”, “controlled distribution”, or other similar program, the Contractor shall be included 47QSMD20R0001 Refresh: 0017 Section IB. Offer Preparation Instructions and Evaluation Criteria Page: 26 of 143 42 in such a program to sell products to the Government. The Government will rely on information provided by the manufacturer to identify such authority, to the extent provided by the manufacturer. (ii) If the Contractor is not included in any authorization program, then sales of those products under this contract are not permitted. (iii) For products that manufacturers do not manage through any authorization program, the Contractor need only provide the uninterrupted source of supply as required by paragraph (b)(2) of this clause. (2) Uninterrupted Source of Supply.The Contractor shall provide evidence of, and shall maintain, an uninterrupted source of supply sufficient to satisfy the Government’s requirements for all products on its contract. (3) Manufacturer Prohibitions.The Contractor shall not offer or sell any product under this contract that the manufacturer of the product has prohibited the Contractor from selling. (c)Discrepancies. In the event that the Government becomes aware of any discrepancy regarding a Contractor’s authorization program status, uninterrupted source of supply, or manufacturer prohibition, the Contracting Officer will give written notice of such discrepancy to the Contractor. The Contractor shall have 30 days to respond to the discrepancy. Failure to respond to or resolve (as applicable) a notice of discrepancy may result in cancellation of this contract, in whole or in part, in accordance with GSAR clause 552.238-79, Cancellation. (End of clause) Begin Regulation K-FSS-1 AUTHORIZED NEGOTIATORS (DEC 2022) Offerors shall identify the individual(s) authorized to negotiate with the Government in connection with this solicitation. Complete the following table with the required information for each authorized negotiator: NAMES & TITLES TELEPHONE NUMBERS EMAIL ADDRESSES (End of provision) Begin Regulation L-FSS-101 FINAL PROPOSAL REVISION (JUN 2002) (a) Upon the conclusion of discussions the Contracting Officer will request a final proposal revision. Oral requests will be confirmed in writing. (b) The request will include— (1) Notice that discussions are concluded; (2) Notice that this is the opportunity to submit a final proposal revision; (3) The specified cutoff date and time; 47QSMD20R0001 Refresh: 0017 Section IB. Offer Preparation Instructions and Evaluation Criteria Page: 27 of 143 43 (4) A statement that any modification proposed as a result of the final proposal revision must be received by the date and time specified and will be subject to the Late Submissions, Modifications, and Withdrawals of Proposals provision of this solicitation. (c) The Contracting Officer will not reopen discussions after receipt of final proposal revisions unless it is clearly in the interests of the Government to do so. If discussions are reopened, the Contracting Officer will issue an additional request for final proposal revision. (d) It is the Contracting Officer's desire to conclude negotiations by The specified cut-off date and time established in the request for Final Proposal Revision (FPR). 47QSMD20R0001 Refresh: 0017 Section IB. Offer Preparation Instructions and Evaluation Criteria Page: 28 of 143 44 Section II. Available Offerings This section includes a summary of the offerings available under Schedule. The Schedule offerings are broken down into 12 Large Categories with corresponding subcategories and Special Item Numbers (SINs). Detailed list of offerings under Schedule is available in the Available Offerings attachment included with the solicitation. For additional evaluation criteria and requirements based on offerings, please view the individual category attachments also included with the solicitation. NOTE: A North American Industrial Classification System (NAICS) code is assigned to each SIN representing the preponderance of work (i.e. products and/or services) available under that SIN. In some cases, multiple NAICS codes are assigned to a SIN in order to more completely represent the full scope of the SIN. In order to ensure a consistent Small Business Administration (SBA) size standard for each SIN, multiple NAICS codes are only assigned to a SIN if they have the same SBA size standard. When a contract is awarded under this solicitation, a single preponderance of work NAICS code is assigned to each award. The individual category attachments will outline details related to available offerings, including: Subcategories, Special Item Numbers with corresponding North American Industrial Classification System (NAICS) codes Critical Elements Category specific evaluation criteria, Subcategory or SIN specific requirements Special ordering procedures Large Category and Subcategory Offerings Available under Schedule: A. Office Management A01. Audio Visual Products A02. Audio Visual Services A03. Document Services A04. Mail Management A05. Office Management Maintenance and Repair A06. Media Products A07. Media Services A08. Office Services A09. Office Supplies A10. Printing and Photographic Equipment A11. Records Management B. Facilities B01. Facilities Maintenance and Repair B02. Facilities Services B03. Facilities Solutions B04. Facilities Supplies B05. Food Service Equipment B06. Structures C. Furniture and Furnishings C01. Flooring 47QSMD20R0001 Refresh: 0017 Section II. Available Offerings Page: 29 of 143 45 C02. Furniture Services C03. Healthcare Furniture C04. Household Dormitory and Quarters Furniture C05. Miscellaneous Furniture C06. Office Furniture C07. Packaged Furniture C08. Signs C09. Fitness Solutions D. Human Capital D01. Background Investigation D02. Compensation and Benefits D03. Human Resources D04. Social Services E. Industrial Products and Services E01. Cleaning Supplies E02. Fire/Rescue/Safety/Environmental Protection Equipment E03. Fuel Management E04. Hardware and Tools E05. Industrial Products E06. Machinery and Components E07. Industrial Products and Services Maintenance and Repair E08. Packaging E09. Test and Measurement Supplies F. Information Technology F01. Electronic Commerce F02. IT Hardware F03. IT Services F04. IT Software F05. IT Solutions F06. IT Training F07. Telecommunications G. Miscellaneous G01. Awards G02. Flags G03. Musical Instrument G04. Personal Hair Care Items G05. Apparel G06. Complementary SINs H. Professional Services H01. Business Administrative Services H02. Environmental Services H03. Financial Services H04. Identity Protection Services H05. Language Services 47QSMD20R0001 Refresh: 0017 Section II. Available Offerings Page: 30 of 143 46 H06. Legal Services H07. Logistical Services H08. Marketing and Public Relations H09. Technical and Engineering Services (Non IT) H10. Training I. Scientific Management and Solutions I01. Laboratory Animals I02. Laboratory Equipment I03. Medical Equipment I04. Scientific Services I05. Search and Navigation I06. Testing and Analysis J. Security and Protection J01. Marine and Harbor J02. Protective Equipment J03. Security Animals and Related Services J04. Security Services J05. Security Systems J06. Testing Equipment K. Transportation and Logistics Services K01. Automotive Body Maintenance and Repair K02. Motor Vehicles (non-Combat) K03. Package Delivery K04. Packaging Services K05. Transportation of Things L. Travel L01. Employee Relocation L02. Lodging L03. Travel Agent and Misc. Services 47QSMD20R0001 Refresh: 0017 Section II. Available Offerings Page: 31 of 143 47 Section III Contract Terms and Conditions This section outlines solicitation provisions and clauses applicable to Schedule contracts throughout the life of the contract. Please refer back to the instructional provisions within this solicitation, whenever you are making changes or updates to your contract. Contract terms and conditions are split into two sections for organizational purposes only. Their placement here has no effect on their meaning or application. Rather, the terms and conditions are organized this way merely to help you better manage and understand your Schedule contract. All terms and conditions listed in this solicitation are incorporated into your contract at the Schedule level. Incorporated by Reference (IBR): Many of the provisions and clauses cited in this solicitation are incorporated by reference, as authorized in the Federal Acquisition Regulation (FAR) or the General Services Administration Acquisition Manual (GSAM). A review of these clauses and provisions will be necessary for you to understand all aspects of the solicitation. The full text of any FAR and GSAM clauses which are incorporated by reference in this solicitation may be found in the electronic file titled 'Regulations Incorporated by Reference', or they can be accessed at the following URLs: FAR: https://www.acquisition.gov/far/ GSAM: https://www.acquisition.gov/gsam/gsam.html Begin Regulation 552.238-83 EXAMINATION OF RECORDS BY GSA (FEDERAL SUPPLY SCHEDULES) (MAY 2019) The Contractor agrees that the Administrator of General Services or any duly authorized representative shall have access to and the right to examine any books, documents, papers and records of the contractor involving transactions related to this contract for overbillings, billing errors, compliance with contract clauses 552.238-81, Price Reductions and 552.238-80, Industrial Funding Fee and Sales Reporting. This authority shall expire 3 years after final payment. The basic contract and each option shall be treated as separate contracts for purposes of applying this clause. 47QSMD20R0001 Refresh: 0017 Section III Contract Terms and Conditions Page: 32 of 143 48 Section III A. Terms and Conditions Related to Schedule Contract Administration These clauses outline key components that are related to Schedule requirements and administrative contracting components to keep your Schedule up to date. This U.S. General Services Administration (GSA) requires contractors to identify sustainable products under Federal Supply Service schedule contracts on GSAAdvantage! and other communication media. Contractors should use GSA’s Green Procurement Compilation to determine if awarded products meet federal sustainable purchasing requirements. For task and delivery orders under this contract, unless an exemption or exception applies, products and services purchased by federal agencies must meet the following applicable statutory mandates and directives: •Energy efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products •Biobased products meeting the content requirement of the U.S. Department of Agriculture under the BioPreferred® program •Acceptable chemicals, products, and manufacturing processes listed under EPA’s Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone •Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines •WaterSense® labeled (water efficient) products and services •Safer Choice-certified products (products that contain safer chemical ingredients) •Products and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels, demonstrated through third party certification Begin Regulation 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020) (a)Definition. As used in this clause- Commercial and Government Entity (CAGE) code means- (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. (b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract for each location of contract, including subcontract, performance. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 33 of 143 49 via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract. (c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code. (d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes. (e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil. (f) If the contract includes Federal Acquisition Regulation clause 52.204-2, Security Requirements, the contractor shall ensure that subcontractors maintain their CAGE code(s) throughout the life of the contract. Begin Regulation 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021) (a)Definitions.As used in this clause — Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information. Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments. Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009). Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C.3502). Safeguarding means measures or controls that are prescribed to protect information systems. (b)Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls: (i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems). (ii) Limit information system access to the types of transactions and functions that 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 34 of 143 50 authorized users are permitted to execute. (iii) Verify and control/limit connections to and use of external information systems. (iv) Control information posted or processed on publicly accessible information systems. (v) Identify information system users, processes acting on behalf of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse. (viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases are available. (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2)Other requirements.This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c)Subcontracts.The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system. Begin Regulation 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 35 of 143 51 offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it “does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services” in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3. (a)Definitions. As used in this provision- Backhaul,covered telecommunications equipment or services,critical technology,interconnection arrangements,reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b)Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to- (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to- (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c)Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.” (d)Representations. The Offeror represents that- (1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) if the Offeror responds “will” in paragraph (d)(1); and (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that- It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 36 of 143 52 equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) if the Offeror responds “does” in paragraph (d)(2). (e)Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment- (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services- (A) If the service is related to item maintenance: a description of all covered telecommunications services offered (include on the item being maintained: brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment- (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services- (A) If the service is related to item maintenance: a description of all covered telecommunications services offered (include on the item being maintained: brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the PSC of the service being 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 37 of 143 53 provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of provision) Note: Regulation 52.204-24 Effective October 26, 2020, offerors are required to represent to FAR provision 52.204-26(c)(2) (OCT 2020) in the System for Award Management (SAM) whether it does or does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. Offerors that represent, based on a reasonable inquiry, that it does use covered telecommunication, must complete and upload FAR provision 52.204-24(d)(2) to eOffer prior to submitting an offer. If applicable, offerors must also upload the disclosures required by FAR 52.204-24 paragraph (e)(2) to eOffer. Note that provision 52.204-26 is incorporated by reference in the MAS solicitation via provision 52.212-3. Begin Regulation 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (a)Definitions.As used in this clause - Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means The People's Republic of China. Covered telecommunications equipment or services means - (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Critical technology means - 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 38 of 143 54 (1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled - (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. Reasonable inquiry means an inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit. Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. (b)Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 39 of 143 55 (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. (c)Exceptions.This clause does not prohibit contractors from providing - (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (d)Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e)Subcontracts.The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services. Begin Regulation 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 40 of 143 56 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020) (a) This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts. (b) If the Offeror is proposing a total contract price that will exceed $5.5 million (including options), the Offeror shall certify that, to the best of its knowledge and belief, it - (1) Has ______ filed all Federal tax returns required during the three years preceding the certification; (2) Has not ______ been convicted of a criminal offense under the Internal Revenue Code of 1986; and (3) Has not ______, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. (End of provision) Begin Regulation 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020) (a) (1) The Offeror certifies, to the best of its knowledge and belief, that- (i) The Offeror and/or any of its Principals- (A) Are ____are not ____presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have ____have not ____,within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and (C) Are ____are not ____presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision; and (D) Have ____have not ____, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 41 of 143 57 (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2)Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has ____has not ____, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal Agency. (2) “Principal,” for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under section 1001, title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 42 of 143 58 (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealing. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. Begin Regulation 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) (a)Definitions.As used in this provision — Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. Federal contracts and grants with total value greater than $10,000,000 means — (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror ____has ____does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 43 of 143 59 (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in — (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in System for Award Management, which can be accessed via https://www.sam.gov Begin Regulation 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) (a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov. (b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111–212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments — (1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by — (i) Government personnel and authorized users performing business on behalf of the Government; or (ii) The Contractor, when viewing data on itself; and (2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for — (i) Past performance reviews required by subpart 42.15; (ii) Information that was entered prior to April 15, 2011; or (iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause. (c) The Contractor will receive notification when the Government posts new information to the Contractor’s record. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 44 of 143 60 (1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209–9 and request removal within 7 calendar days of the posting to FAPIIS. (2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them. (3) As required by section 3010 of Pub. L. 111–212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. (d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600. Begin Regulation 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision. (a)Definitions. As used in this provision-- “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with “13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300”. It automatically qualifies as a women-owned small business eligible under the WOSB Program. “Forced or indentured child labor” means all work or service-- (6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. “Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. “Immediate owner”means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 45 of 143 61 “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). “Manufactured end product” means any end product in product and service codes (PSCs) 1000–9999, except-- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. “Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. “Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor. “Reasonable inquiry”has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. “Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate -- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 46 of 143 62 (6) Have been voluntarily suspended. “Sensitive technology”-- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C.1702(b)(3)). “Service-disabled veteran-owned small business concern”-- (1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service— disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2)Service-disabled veteran means a veteran, as defined in 38 U.S.C.101(2), with a disability that is service-connected, as defined in 38 U.S.C.101(16). “Small business concern”- (1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation. (2)Affiliates,as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103. “Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by — (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 47 of 143 63 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. “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. “Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. “Veteran-owned small business concern” means a small business concern-- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2))or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. “Women-owned small business concern”means a small business concern-- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. “Women-owned small business (WOSB) concern eligible under the WOSB Program”(in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1)Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM. (2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212–3, Offeror Representations and Certifications— Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs______ [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 48 of 143 64 Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM. (c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply. (1)Small business concern.Small business concern.The offeror represents as part of its offer that— (i) It # is, # is not a small business concern; or (ii) It # is, # is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h)and 13 CFR 125.8(a)and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.] (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it ______ is, ______ is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern.[Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that— (i) It # is, # is not a service-disabled veteran-owned small business concern; or (ii) It # is, # is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it ______ is, ______ is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it ______ is, ______ is not a women-owned small business concern. (6)WOSB joint venture eligible under the WOSB Program.The offeror represents that it # is, # is not a joint venture that complies with the requirements of 13 CFR 127.506 (a)through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.] (7)Economically disadvantaged women-owned small business (EDWOSB) joint venture.The offeror represents that it # is, # is not a joint venture that complies with the requirements of 13 CFR 127.506(a)through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.] (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it ______ is a women-owned business concern. (9)Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 49 of 143 65 percent of the contract price:____________________. (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It # is, # is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and (ii) It # is, # is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a)through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status. (d) Representations required to implement provisions of Executive Order 11246-- (1) Previous contracts and compliance. The offeror represents that-- (i) It ______ has, ______ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It ______ has, ______ has not filed all required compliance reports. (2)Affirmative Action Compliance. The offeror represents that-- (i) It ______ has developed and has on file, ______ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It ______ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e)Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f)Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Supplies, is included in this solicitation.) (1) (i) The Offeror certifies that each end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, except those listed in paragraph (f)(2) of this provision, is a domestic end product. (ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 50 of 143 66 indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”. (iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105). (iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (2) Foreign End Products: Line Item No.Country of Origin Exceeds 55% Domestic Content (Yes/No) (List as Necessary) (3) Domestic end products containing a critical component: Line Item No. ___ [List as necessary] (4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. (g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225–3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) (i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component. (B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American -- Free Trade Agreements -- Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 51 of 143 67 Line Item No.Country of Origin (List as Necessary) (iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”. Other Foreign End Products: Line Item No.Country of Origin Exceeds 55% Domestic Content (Yes/No) (List as Necessary) (iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105). Line Item No. ___ [List as necessary] (v) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. (2)Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II.If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: CIsraeli End Products: Line Item No. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 52 of 143 68 (List as Necessary) (3)Buy American -- Free Trade Agreements-- Israeli Trade Act Certificate, Alternate III.If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American -- Free Trade Agreements-- Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No.Country of Origin (List as Necessary) (4)Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ‘‘Trade Agreements’’. (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No.Country of Origin (List as Necessary) (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.- made or designated country end products without regard to the restrictions of the Buy American statue. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h)Certification Regarding Responsibility Matters (Executive Order 12689).The offeror certifies, to 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 53 of 143 69 the best of its knowledge and belief, that the offeror and/or any of its principals — (1) ______ Are, ______ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) ______ Have, ______ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) ______ Are, ______ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) ______ Have, ______ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A)The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B)The taxpayer is delinquent in making payment.A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii)Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C.§ 362 (the Bankruptcy Code). 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 54 of 143 70 (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. Listed End Product Listed Countries of Origin (List as Necessary) (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] ______ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. ______ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j)Place of Manufacture.(Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly — (1) ______ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) ______ Outside the United States. (k)Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] X (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ______ does ______ does not certify that — (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 55 of 143 71 or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. X (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ______ does ______ does not certify that — (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies — (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C.6109,31 U.S.C.7701). (Not applicable if the offeror is required to provide this information to SAM to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C.7701(c)and 3325(d), reporting requirements of 26 U.S.C.6041,6041A,and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C.7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). ______TIN: _____________________ ______TIN has been applied for. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 56 of 143 72 ______TIN is not required because: ______Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; ______Offeror is an agency or instrumentality of a foreign government; ______Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. ______Sole proprietorship; ______Partnership; ______Corporate entity (not tax-exempt); ______Corporate entity (tax-exempt); ______Government entity (Federal, State, or local); ______Foreign government; ______International organization per 26 CFR 1.6049-4; ______Other _________________________. (5) Common parent. ______Offeror is not owned or controlled by a common parent; ______Name and TIN of common parent: Name ___________________. TIN _____________________. (m)Restricted business operations in Sudan.By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b)applies or the requirement is waived in accordance with the procedures at 9.108-4. (2)Representation.The Offeror represents that — (i) It______ is,______ is not an inverted domestic corporation; and (ii) It______ is______ is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 57 of 143 73 (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2)Representation and certifications.Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror — (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds the threshold at FAR 25.703-2(a)(2) with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if — (i) This solicitation includes a trade agreements certification (e.g.,52.212–3(g)or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p)Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation.) (1) The Offeror represents that it ______ has or ______ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates ‘‘has’’ in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code: ______ Immediate owner legal name:______ (Do not use a ‘‘doing business as’’name) Is the immediate owner owned or controlled by another entity: ______Yes or ______No. (3) If the Offeror indicates ‘‘yes’’ in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: ______ Highest-level owner legal name:______ (Do not use a ‘‘doing business as’’name) (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 58 of 143 74 (1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113–235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that-- (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (2) The Offeror represents that-- (i) It is ______ is not _____ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (ii) It is ______ is not ______ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r)Predecessor of Offeror.(Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it ______ is or ______ is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated “is” in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: ________ (or mark “Unknown”) Predecessor legal name: _________________________ (Do not use a “doing business as” name) (s) [Reserved]. (t)Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (12.301(d)(1)). (1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. (2)Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)] (i) The Offeror (itself or through its immediate owner or highest-level owner) ______ does, ______ does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 59 of 143 75 criteria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or through its immediate owner or highest-level owner) ______ does, ______ does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (iii) A publicly accessible website includes the Offeror’s own website or a recognized, third-party greenhouse gas emissions reporting program. (3) If the Offeror checked “does” in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:_________________. (u) (1) 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 appropriated (or otherwise made available) funds 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. (2) The prohibition in paragraph (u)(1) 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. (3)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). (v) Covered Telecommunications Equipment or Services-Representation. Section 889(a)(1)(A) and section 889 (a)(1)(B) of Public Law 115-232. (1) The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”. (2) The Offeror represents that— (i) It [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. (ii) After conducting a reasonable inquiry for purposes of this representation, that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. (End of Provision) Note: Regulation 52.212-3 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 60 of 143 76 Effective October 26, 2020, offerors are required to represent to FAR provision 52.204-26(c)(2) (OCT 2020) in the System for Award Management (SAM) whether it does or does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. Offerors that represent, based on a reasonable inquiry, that it does use covered telecommunication, must complete and upload FAR provision 52.204-24(d)(2) to eOffer prior to submitting an offer. If applicable, offerors must also upload the disclosures required by FAR 52.204-24 paragraph (e)(2) to eOffer. Note that provision 52.204-26 is incorporated by reference in the MAS solicitation via provision 52.212-3. Begin Regulation 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUNE 2023) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: (1)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2)52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91). (3)52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (4)52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5)52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.3903 and 10 U.S.C.3801). (6)52.233-3, Protest After Award (AUG 1996) (31 U.S.C.3553). (7)52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C.3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: *[Contracting Officer check as appropriate.]* 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 61 of 143 77 X (1)52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C.4704 and 10 U.S.C.4655). X (2)52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.3509)). X (3)52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4)52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C.6101 note). N/A (5) [Reserved]. X (6)52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). X (7)52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). X (8)52.204–27, Prohibition on a ByteDance Covered Application (June 2023) (Section 102 of Division R of Pub. L. 117–328). X (9)52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C.6101 note). X (10)52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C.2313). N/A (11) [Reserved] X (12)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C.657a). N/A (13)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.657a). N/A (14) [Reserved] X (15) (i)52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C.644). Required as Applicable (ii) Alternate I (MAR 2020) of 52.219-6. N/A (16) (i)52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C.644). N/A (ii) Alternate I (MAR 2020) of 52.219-7. X (17)52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C.637(d)(2)and (3)). N/A (18) (i)52.219-9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C.637(d)(4)). N/A (ii) Alternate I (NOV 2016) of 52.219-9. X (iii) Alternate II (NOV 2016) of 52.219-9. N/A (iv) Alternate III (JUN 2020) of 52.219-9. N/A (v) Alternate IV (SEP 2021) of 52.219-9. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 62 of 143 78 X (19) (i)52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C.644(r)). N/A (ii) Alternate I (MAR 2020) of 52.219-13. X (20)52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C.637s). X (21)52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.637(d)(4)(F)(i)). X (22)52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.657f). X (23) (i)52.219-28, Post Award Small Business Program Rerepresentation (DATE) (15 U.S.C.632(a)(2)). N/A (ii) Alternate I (MAR 2020) of 52.219-28. X (24)52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C.637(m)). X (25)52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C.637(m)). N/A (26)52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.644(r)). X (27)52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C.637(a)(17)). X (28)52.222-3, Convict Labor (JUN 2003) (E.O.11755). X (29)52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O.13126). X (30)52.222-21, Prohibition of Segregated Facilities (APR 2015). X (31) (i)52.222-26, Equal Opportunity (SEP 2016) (E.O.11246). N/A (ii) Alternate I (FEB 1999) of 52.222-26. X (32) (i)52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C.4212). N/A (ii) Alternate I (JUL 2014) of 52.222-35. X (33) (i)52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.793). N/A (ii) Alternate I (JUL 2014) of 52.222-36. X (34)52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C.4212). X (35)52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). X (36) (i)52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C.chapter 78 and E.O. 13627). N/A (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C.chapter 78 and E.O. 13627). X (37)52.222-54, Employment Eligibility Verification (MAY 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 63 of 143 79 types of commercial products or commercial services as prescribed in FAR 22.1803.) X (38) (i)52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) N/A (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C.6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) Required as Applicable (39)52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). Required as Applicable (40)52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). Required as Applicable (41) (i)52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). N/A (ii) Alternate I (OCT 2015) of 52.223-13. Required as Applicable (42) (i)52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). N/A (ii) Alternate I (Jun2014) of 52.223-14. X (43)52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.8259b). Required as Applicable (44) (i)52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). N/A (ii) Alternate I (JUN 2014) of 52.223-16. X (45)52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). Required as Applicable (46)52.223-20, Aerosols (JUN 2016) (E.O. 13693). Required as Applicable (47)52.223-21, Foams (Jun2016) (E.O. 13693). X (48) (i)52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a). N/A (ii) Alternate I (JAN 2017) of 52.224-3. Required as Applicable (49) (i)52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C.chapter 83). N/A (ii) Alternate I (OCT 2022) of 52.225-1. N/A (50) (i)52.225-3, 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022) (19 U.S.C.3301 note,19 U.S.C.2112 note,19 U.S.C.3805 note,19 U.S.C.4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43 N/A (ii) Alternate I [RESERVED]. N/A (iii) Alternate II (DEC 2022) of 52.225-3. N/A (iv) Alternate III (JAN 2021) of 52.225-3. N/A (v) Alternate IV (OCT 2022) of 52.225-3. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 64 of 143 80 X (51)52.225-5, Trade Agreements (DEC 2022) (19 U.S.C.2501,et seq.,19 U.S.C.3301 note). X (52)52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). N/A (53)52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). N/A (54)52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C.5150). N/A (55)52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C.5150). N/A (56)52.229-12, Tax on Certain Foreign Procurements (FEB 2021) . N/A (57)52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, “10 U.S.C.3805”). N/A (58)52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505,10 U.S.C.3805). X (59)52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C.3332). N/A (60)52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332). X (61)52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C.3332). X (62)52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C.552a). X (63)52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C.637(d)(13)). X (64) (i)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.55305 and 10 U.S.C.2631). N/A (ii) Alternate I (APR 2003) of 52.247-64. N/A (iii) Alternate II (NOV 2021) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial products and commercial services, that the Contracting Officer has indicated as being incorporated in this by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] X (1)52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C.chapter67). X (2)52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.206 and 41 U.S.C.chapter 67). X (3)52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 65 of 143 81 2018) (29 U.S.C.206 and 41 U.S.C.chapter 67). N/A (4)52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29U.S.C.206 and 41 U.S.C.chapter 67). X (5)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.chapter 67). X (6)52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C.chapter 67). X (7)52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022). Required as Applicable (8)52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). Required as Applicable (9)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.1792). (d)Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i)52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.3509). (ii)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 66 of 143 82 (iii)52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91). (iv)52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (v) 52.204–27, Prohibition on a ByteDance Covered Application (June 2023) (Section 102 of Division R of Pub. L. 117–328). (vi)52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C.637(d)(2)and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vii)52.222-21, Prohibition of Segregated Facilities (APR 2015). (viii)52.222-26, Equal Opportunity (SEP 2015) (E.O.11246). (ix)52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C.4212). (x)52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.793). (xi)52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C.4212). (xii)52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xiii)52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C.chapter 67). (xiv) (A)52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C.chapter 78 and E.O 13627). (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C.chapter 78 and E.O.13627). (xv)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C.chapter 67). (xvi)52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C.chapter 67). (xvii)52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989). (xviii)52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022). 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 67 of 143 83 (xix)52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). (xx) (A)52.224-3, Privacy Training (Jan 2017) (5 U.S.C.552a). (B) Alternate I (JAN 2017) of 52.224-3. (xxi)52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note. (xxii)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii)52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.3903 and 10 U.S.C.3801). Flow down required in accordance with paragraph (c) of 52.232-40 (xxiv)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) Alternate I (FEB 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause". Alternate II.(JAN 2022) As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C.App.), or an authorized representative of either of the foregoing officials shall have access to and right to— (i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than— 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 68 of 143 84 (i)Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii)Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A)52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.3509). (B)52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91). (D) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (E)52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C.637(d)(2)and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (F)52.222-21, Prohibition of Segregated Facilities (APR 2015). (G)52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). (H)52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C.4212). (I)52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.793). (J)52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222- 40. (K)52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C.chapter 67). (L)(1)52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C.chapter 78 and E.O 13627). (2)Alternate I (MAR 2015) of 52.222-50 (22 U.S.C.chapter 78 and E.O.13627). (M)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.chapter 67). (N)52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C.chapter 67). 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 69 of 143 85 (O)52.222-54, Employment Eligibility Verification (NOV 2021) (Executive Order 12989). (P)52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022). (Q)52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). (R)(1)52.224-3, Privacy Training (JAN 2017) (5 U.S.C.552a). (2)Alternate I (JAN 2017) of 52.224-3. (S)52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;10 U.S.C.2302 Note). (T)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C.1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (U)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64 End of clause Begin Regulation 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA (NOV 2021) (ALTERNATE IV — OCT 2010) (a) Submission of certified cost or pricing data is not required. (b) Provide data described below:[Insert description of the data and the format that are required, including the access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.403–3.] (1) An offer prepared and submitted in accordance with the clause at 552.212-71, Contract Terms and Conditions Applicable to GSA Acquisitions of Commercial Products and Commercial Services and all Multiple Award Schedule offer submission requirements. (2) Commercial sales practices. When the solicitation contains the basic clause 552.238-80 Industrial Funding Fee and Sales Reporting, the Offeror must submit information in the format provided in this solicitation in accordance with the instructions at Figure 515.4-2 of the GSA Acquisition Regulation (48 CFR 515.4-2), or submit information in the Offeror's own format. (3) Any additional supporting information requested by the Contracting Officer. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether the price(s) offered is fair and reasonable. (4) By submission of an offer in response to this solicitation, the Offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before initial award, books, records, documents, papers, and other directly pertinent records to verify the pricing, sales and other data related to the supplies or services proposed in order to determine the reasonableness of price(s). Access does 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 70 of 143 86 not extend to Offeror’s cost or profit information or other data relevant solely to the Offeror’s determination of the prices to be offered in the catalog or marketplace. Begin Regulation 52.215-6 PLACE OF PERFORMANCE (OCT 1997) (a) The offeror or respondent, in the performance of any contract resulting from this solicitation,____ intends,____does not intend [check applicable box] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information. (b) If the offeror or respondent checks “intends” in paragraph (a) of this provision, it shall insert in the following spaces the required information: Table - Other Place of Performance Location County Table - Plant or Facility If Other Than Bidder Location County Begin Regulation 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Fixed Price with Economic Price Adjustment (EPA); Indefinite Delivery Indefinite Quantity (IDIQ) contract resulting from this solicitation. Begin Regulation 52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEP 2019) (ALT I SEP 2019) (a)In accordance with 41 U.S.C.4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract. [Contracting Officer to insert name, address, telephone number, and email address for the 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 71 of 143 87 Agency Ombudsman or provide the URL address where this information may be found.] (b)Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests). (c)Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure. (d)Contracts used by multiple agencies. (1) This is a contract that is used by multiple agencies. Complaints from Contractors concerning orders placed under contracts used by multiple agencies are primarily reviewed by the task-order and delivery-order Ombudsman for the ordering activity. (2) The ordering activity has designated the following task-order and delivery-order Ombudsman for this order: [The ordering activity's contracting officer to insert the name, address, telephone number, and email address for the ordering activity's Ombudsman or provide the URL address where this information may be found.] (3) Before consulting with the task-order and delivery-order Ombudsman for the ordering activity, the Contractor is encouraged to first address complaints with the ordering activity's Contracting Officer for resolution. When requested by the Contractor, the task-order and delivery-order Ombudsman for the ordering activity may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure. End of clause Begin Regulation 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAR 2023) (a) Definitions. As used in this provision- “Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.. “Service-disabled veteran-owned small business concern”- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 72 of 143 88 owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C.101(2), with a disability that is service-connected, as defined in 38 U.S.C.101(16). “Small business concern”- (1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision. (2)Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103. “Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition. “Veteran-owned small business concern” means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. “Women-owned small business concern” means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. (b) (1) The North American Industry Classification System (NAICS) code for this acquisition is See SIN Details [insert NAICS code]. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 73 of 143 89 (2) The small business size standard is See SIN Details [insert size standard]. (3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition— (i) Is set aside for small business and has a value above the simplified acquisition threshold; (ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value. (c) Representations. (1) The offeror represents as part of its offer that it (i)____is,____is not a small business concern. (ii) It ____is,____is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture:____.] (2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it ____is,____is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it ____is,____is not a women owned small business concern. (4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it ____is,____is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture:____. (5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it ____is,____is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture:____.] (6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it ____is,____is not a veteran owned small business concern. (7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that (i) It ____is,____is not a service-disabled veteran-owned small business concern; or (ii) It ____is,____is not a service-disabled veteran-owned joint venture that complies with the requirements of 13 CFR125.18(b)(1) and (2). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture:____.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status. (8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 74 of 143 90 (i) It ____is,____is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and (ii) It ____is,____is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture:____.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status. (d) Notice. Under 15 U.S.C.645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall- (1) Be punished by imposition of fine, imprisonment, or both; (2) Be subject to administrative remedies, including suspension and debarment; and (3) Be ineligible for participation in programs conducted under the authority of the Act. (End of provision) Begin Regulation 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021) (ALTERNATE I - JUL 1995) (a) Hazardous material, as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract). (b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract. Material (if none insert None) Identification No. (c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous. (d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 75 of 143 91 (e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data. (f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property. (g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material. (h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows: (1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to— (i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials; (ii) Obtain medical treatment for those affected by the material; and (iii) Have others use, duplicate, and disclose the data for the Government for these purposes. (2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data. (3) The Government is not precluded from using similar or identical data acquired from other sources. (i) Except as provided in paragraph (i)(2) the Contractor shall prepare and submit a sufficient number of Material Safety Data Sheets (MSDS's), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous materials identified in paragraph (b) of this clause. (1) For items shipped to consignees, the Contractor shall include a copy of the MSDS with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit MSDS's to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer. (2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the MSDS's in or on each shipping container. If affixed to the outside of each container, the MSDS must be placed in a weather resistant envelope. Note: Regulation 52.223-3 Safety Data Sheets, hazardous material labels and other relevant data should not be submitted to the MAS Contracting Officer. This information should be provided directly to the ordering activity in accordance with this clause. Begin Regulation 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 76 of 143 92 52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021) (a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products. Other End Products: Line Item No.Country of Origin (List as Necessary) (c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation. Begin Regulation 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: General Services Administration GSA/FAS/3Q1 100 S. Independence Mall West Philadelphia, PA 19106 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. Begin Regulation 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 77 of 143 93 offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): For contract provisions which are contained in the Federal Acquisition Regulation (FAR) the address is http://acquisition.gov/far. Number Title Clause/Provision 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007) Provision 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS - REPRESENTATION (NOV 2015) Provision 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023) Provision 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) Provision 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) Provision 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE REVIEW (FEB 1999) Provision 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (OCT 2020) Provision 52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012) Provision 52.223-4 RECOVERED MATERIAL CERTIFICATION (MAY 2008) Provision 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN - REPRESENTATION AND CERTIFICATIONS (JUN 2020) Provision 52.237-1 SITE VISIT (APR 1984) Provision 52.237-10 IDENTIFICATION OF UNCOMPENSATED OVERTIME (MAR 2015) Provision 552.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2021) (DEVIATION FAR 52.252-5) Provision Begin Regulation 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 78 of 143 94 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): For contract clauses which are contained in the Federal Acquisition Regulation (FAR) the address is http://acquisition.gov/far/. Number Title Clause/Provision 52.202-1 DEFINITIONS (JUN 2020) Clause 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020) Clause 52.203-3 GRATUITIES (APR 1984) Clause 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) Clause 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) Clause 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) Clause 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) Clause 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) Clause 52.208-9 CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR SERVICES (MAY 2014) Clause 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) Clause 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA - MODIFICATIONS (NOV 2021) (ALTERNATE IV - OCT 2010) Clause 52.216-18 ORDERING (AUG 2020) Clause 52.216-19 ORDER LIMITATIONS (OCT 1995) Clause 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) Clause 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) Clause 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 79 of 143 95 52.222-29 NOTIFICATION OF VISA DENIAL (APR 2015) Clause 52.222-49 SERVICE CONTRACT LABOR STANDARDS - PLACE OF PERFORMANCE UNKNOWN (MAY 2014) Clause 52.223-10 WASTE REDUCTION PROGRAM (MAY 2011) Clause 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008) Clause 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013) Clause 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011) Clause 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984) Clause 52.224-2 PRIVACY ACT (APR 1984) Clause 52.224-3 PRIVACY TRAINING (JAN 2017) Clause 52.227-14 RIGHTS IN DATA - GENERAL (MAY 2014) Clause 52.232-17 INTEREST (MAY 2014) (DEVIATION I - MAY 2003) Clause 52.232-36 PAYMENT BY THIRD PARTY (MAY 2014) Clause 52.232-37 MULTIPLE PAYMENT ARRANGEMENTS (MAY 1999) Clause 52.233-1 DISPUTES (MAY 2014) Clause 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) Clause 52.237-3 CONTINUITY OF SERVICES (JAN 1991) Clause 52.242-13 BANKRUPTCY (JUL 1995) Clause 52.242-15 STOP-WORK ORDER (AUG 1989) Clause 52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017) Clause 52.245-1 GOVERNMENT PROPERTY (SEP 2021) Clause 52.245-9 USE AND CHARGES (APR 2012) Clause 52.246-4 INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996) (DEVIATION I - MAY 2003) Clause 52.247-32 F.O.B. ORIGIN, FREIGHT PREPAID Clause 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 80 of 143 96 (FEB 2006) 52.247-34 F.O.B. DESTINATION (NOV 1991) Clause 52.247-38 F.O.B. INLAND CARRIER, POINT OF EXPORTATION (FEB 2006) Clause 52.247-38 F.O.B. INLAND CARRIER, POINT OF EXPORTATION (FEB 2006) (DEVIATION I - FEB 2007) Clause 52.247-39 F.O.B. INLAND POINT, COUNTRY OF IMPORTATION (APR 1984) Clause 52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT - SMALL PACKAGE SHIPMENTS (JAN 1991) Clause 52.251-1 GOVERNMENT SUPPLY SOURCES (APR 2012) Clause 552.211-73 MARKING (FEB 1996) Clause 552.211-75 PRESERVATION, PACKAGING, AND PACKING (FEB 1996) (ALTERNATE I - MAY 2003) Clause 552.211-77 PACKING LIST (FEB 1996) (ALTERNATE I - MAY 2003) Clause 552.211-89 NON-MANUFACTURED WOOD PACKAGING MATERIAL FOR EXPORT (JUL 2016) Clause 552.229-71 FEDERAL EXCISE TAX - C GOVERNMENT (SEP 1999) Clause 552.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2021) (DEVIATION FAR 52.252-6) Clause Begin Regulation 552.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) (DEVIATION – FEB 2007) (FAR DEVIATION - JAN 2023) (a)Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights — (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b)Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 81 of 143 97 of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the credit card), the Contractor may not assign its rights to receive payment under this contract. (c)Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d)Disputes. This contract is subject to 41 U.S.C.chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR)52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e)Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f)Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g)Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include — (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on an Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 82 of 143 98 (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g.,52.232-33,Payment by Electronic Funds Transfer — System for Award Management, or 52.232-34,Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) The due date for making invoice payments by the designated payment office is the later of the following two events: (i) The 10th day after the designated billing office receives a proper invoice from the Contractor. If the designated billing office fails to annotate the invoice with the date of receipt at the time of receipt, the invoice payment due date shall be the 10th day after the date of the Contractor’s invoice; provided the Contractor submitted a proper invoice and no disagreement exists over quantity, quality, or Contractor compliance with contract requirements. (ii) The 10th day after Government acceptance of supplies delivered or services-performed by the Contractor. (h)Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i)Payment. (1)Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2)Prompt payment.The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR part 1315. (3)Electronic Funds Transfer (EFT).If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4)Discount.In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5)Overpayments.If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall — (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the — (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 83 of 143 99 (C) Affected line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if — (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on — (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of an Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 84 of 143 100 (vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract. (j)Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k)Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l)Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m)Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n)Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o)Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p)Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q)Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r)Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;18 U.S.C.431 relating to officials not to benefit;40 U.S.C.chapter 37, Contract Work Hours and Safety Standards;41 U.S.C.chapter 87, Kickbacks;41 U.S.C.4712 and “10 U.S.C.4701” relating to whistleblower protections;49 U.S.C.40118, Fly American; and 41 U.S.C.chapter 21 relating to procurement integrity. (s)Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 85 of 143 101 (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier Agreements – Unenforceable Clauses paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any commercial supplier agreements as amended by the Commercial Supplier Agreements – Unenforceable Clauses provision. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) [Reserved] (u)Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any commercial supplier agreement (as defined in 502.101) that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such language, provision, or clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v)Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (w)Commercial supplier agreements – unenforceable clauses.When any supply or service acquired under this contract is subject to a commercial supplier agreement (as defined in 502.101), the following language shall be deemed incorporated into the commercial supplier agreement. As used herein, “this agreement” means the commercial supplier agreement: 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 86 of 143 102 (1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the Government, the following shall apply: (i)Applicability. This agreement is a part of a contract between the commercial supplier and the Government for the acquisition of the supply or service that necessitates a license (including all contracts, task orders, and delivery orders under FAR Part 12). (ii)End user. This agreement shall bind the Government as end user but shall not operate to bind an Government employee or person acting on behalf of the Government in his or her personal capacity. (iii)Law and disputes. This agreement is governed by Federal law. (A) Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted. (B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted. (C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted. (iv)Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the Government to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d) (Disputes). (v)Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act). (vi)Updating terms. (A) After award, the contractor may unilaterally revise commercial supplier agreement terms if they are not material. A material change is defined as: (1) Terms that change the Government’s rights or obligations; (2) Terms that increase Government prices; (3) Terms that decrease overall level of service; or (4) Terms that limit any other Government right addressed elsewhere in this contract. (B) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification. (C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them. (vii)No automatic renewals. If any license or service tied to periodic payment is provided 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 87 of 143 103 under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative. (viii)Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516. (ix)Audits.Any clause of this agreement permitting the commercial supplier or licensor to audit the end user’s compliance with this agreement is hereby amended as follows: (A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the Government. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order. (B) This charge, if disputed by the Government, will be resolved in accordance with subparagraph (d) (Disputes); no payment obligation shall arise on the part of the Government until the conclusion of the dispute process. (C) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government. (x)Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying contract or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract. (xi)Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under subparagraph (b) of this clause. (xii)Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement. (2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (w)(1), the language, provisions, or clause of paragraph (w)(1) shall prevail to the extent of such inconsistency. Note: Regulation 552.212-4 This clause applies to fixed price orders. Begin Regulation 552.212-4 CONTRACT TERMS AND CONDITIONS - 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 88 of 143 104 COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) (FAR DEVIATION - JAN 2023) (ALTERNATE I - NOV 2021) (DEVIATION - FEB 2007) (a)Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work. (2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties. (3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier. (4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.] (5) (i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may — (A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or (B) Terminate this contract for cause. (ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract. (6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to — (i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or (ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 89 of 143 105 (7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract. (8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract. (9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C.chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR)52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e)Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause — (i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service. (ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are — (A) Performed by the contractor; (B) Performed by the subcontractors; or (C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control. (iii)Materials means — (A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control; (B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract; (C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.); 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 90 of 143 106 (D) The following subcontracts for services which are specifically excluded from the hourly rate: Each order must list separately subcontracts for services excluded from the FSS Hourly Rates; and (E) Indirect costs specifically provided for in this clause. (iv)Subcontract means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders. (f)Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include— (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g.,52.232-33,Payment by Electronic Funds Transfer—System 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 91 of 143 107 for Award Management,or 52.232-34,Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) The due date for making invoice payments by the designated payment office is the later of the following two events: (i) The 10th day after the designated billing office receives a proper invoice from the Contractor. If the designated billing office fails to annotate the invoice with the date of receipt at the time of receipt, the invoice payment due date shall be the 10th day after the date of the Contractor’s invoice; provided the Contractor submitted a proper invoice and no disagreement exists over quantity, quality, or Contractor compliance with contract requirements. (ii) The 10th day after Government acceptance of supplies delivered or services performed by the Contractor. (h)Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i)Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer: (i) Hourly rate. (A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis. (B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer. (C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative. (D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract. (E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 92 of 143 108 (1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated. (2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract. (3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer. (ii) Materials. (A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the — (1) Quantities being acquired; and (2) Any modifications necessary because of contract requirements. (B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor — (1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or (2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice. (C) To the extent able, the Contractor shall — (1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and (2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract. (D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed. (1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause:Each order must list separately the elements of other direct costs for that order. (2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: Each order must list separately the fixed amount for the indirect costs and payment schedule; if no indirect costs are approved, insert “None.” (2)Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 93 of 143 109 supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract. (3)Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price. (4)Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer): (i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract; (ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment — (A) The original timecards (paper-based or electronic); (B) The Contractor’s timekeeping procedures; (C) Contractor records that show the distribution of labor between jobs or contracts; and (D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices. (iii) For material and subcontract costs that are reimbursed on the basis of actual cost — (A) Any invoices or subcontract agreements substantiating material costs; and (B) Any documents supporting payment of those invoices. (5)Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor’s payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall — (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the — 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 94 of 143 110 (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C.7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if — (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on — (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 95 of 143 111 (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract. (viii) Upon receipt and approval of the invoice designated by the Contractor as the “completion invoice” and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion. (7)Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions. (i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor. (ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier. (iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents. (8)Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR part 1315. (9)Electronic Funds Transfer (EFT).If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (10)Discount.In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (j)Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k)Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 96 of 143 112 (l)Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (m)Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n)Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o)Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p)Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q)Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r)Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;18 U.S.C.431 relating to officials not to benefit;40 U.S.C.chapter 37, Contract Work Hours and Safety Standards;41 U.S.C.chapter 87, Kickbacks;41 U.S.C.4712 and 10 U.S.C.4701 relating to whistleblower protections;49 U.S.C.40118, Fly American; and 41 U.S.C.chapter 21 relating to procurement integrity. (s)Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier Agreements - Unenforceable Clauses paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any commercial supplier agreements as amended by the Commercial Supplier Agreements - Unenforceable Clauses provision. (5) Solicitation provisions if this is a solicitation. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 97 of 143 113 (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t)[Reserved]. (u)Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any commercial supplier agreement (as defined in 502.101) that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.1341), the following shall govern: (i) Any such language, provision, or clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v)Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (w)Commercial supplier agreements–unenforceable clauses. When any supply or service acquired under this contract is subject to a commercial supplier agreement (as defined in 502.101), the following language shall be deemed incorporated into the commercial supplier agreement. As used herein, “this agreement” means the commercial supplier agreement: (1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S. Government, the following shall apply: (i) Applicability. This agreement is a part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR Part 12). (ii) End user. This agreement shall bind the Government as end user but shall not operate to bind an Government employee or person acting on behalf of the Government in his or her personal capacity. (iii) Law and disputes. This agreement is governed by Federal law. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 98 of 143 114 (A) Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted. (B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted. (C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted. (iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the Government to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d) (Disputes). (v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act). (vi) Updating terms. (A) After award, the contractor may unilaterally revise commercial supplier agreement terms if they are not material. A material change is defined as: (1) Terms that change Government rights or obligations; (2) Terms that increase Government prices; (3) Terms that decrease overall level of service; or (4) Terms that limit any other Government right addressed elsewhere in this contract. (B) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification. (C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them. (vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative. (viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C.516. (ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user’s compliance with this agreement is hereby amended as follows: (A) Discrepancies found in an audit may result in a charge by the commercial 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 99 of 143 115 supplier or licensor to the Government. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order. (B) This charge, if disputed by the Government, will be resolved in accordance with subparagraph (d) (Disputes); no payment obligation shall arise on the part of the Government until the conclusion of the dispute process. (C) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government. (x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract. (xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government’s prior approval, except as expressly permitted under subparagraph (b) of this clause. (xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement. (2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (w)(1), the language, provisions, or clause of paragraph (w)(1) shall prevail to the extent of such inconsistency. Note: Regulation 552.212-4 This clause applies to Time-and-Materials or Labor Hour orders. Begin Regulation 552.212-71 CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA ACQUISITIONS OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022) (a) (a) The Contractor agrees to comply with any clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial products, including commercial components, and commercial services. The clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The GSAR clauses in paragraph (b) of this section are incorporated by reference: [The Contracting Officer should check the clauses that apply or delete the clauses that do not apply from the list. The Contracting Officer may add the date of the clause if desired for clarity.] (b) Clauses. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 100 of 143 116 X 552.203-71 Restriction on Advertising Varies by Category, Subcategory and SIN 552.211-73 Marking N/A 552.215-70 Examination of Records by GSA X 552.215-72 Price Adjustment —Failure to Provide Accurate Information Varies by Category, Subcategory and SIN 552.219-70 Allocation of Orders—Partially Set-Aside Items N/A 552.228-70 Workers’ Compensation Laws X 552.229-70 Federal, State, and Local Taxes X 552.232-23 Assignment of Claims N/A 552.232-71 Adjusting Payments Varies by Category, Subcategory and SIN 552.232-72 Final Payment N/A 552.232-73 Availability of Funds N/A 552.232-78 Payment Information Varies by Category, Subcategory and SIN 552.237-71 Qualifications of Employees N/A 552.242-70 Status Report of Orders and Shipments N/A 552.246-76 Warranty of Pesticides (End of Clause) Begin Regulation 552.212-72 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement provisions of law or Executive Orders applicable to acquisition of commercial products, including commercial components, and commercial services or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: [The contracting officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The contracting officer may add the date of the provision or clause if desired for clarity.] (a) Provisions. Varies by Category, Subcategory and SIN 552.223-72 Hazardous Material Information 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 101 of 143 117 (b) Clauses. Varies by Category, Subcategory and SIN 552.223-70 Hazardous Substances. Varies by Category, Subcategory and SIN 552.223-71 Nonconforming Hazardous Material. X 552.223-73 Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials (HAZMAT) for Shipments. X 552.238-73 Identification of Electronic Office Equipment Providing Accessibility for the Handicapped. X 552.238-78 Identification of Products That Have Environmental Attributes. (End of Clause) Begin Regulation 552.216-70 ECONOMIC PRICE ADJUSTMENT – FSS MULTIPLE AWARD SCHEDULE CONTRACTS (SEP 1999) (ALTERNATE I – SEP 1999) Price adjustments include price increases and price decreases. Adjustments will be considered as follows: (a) Contractors shall submit price decreases anytime during the contract period in which they occur. Price decreases will be handled in accordance with the provisions of the Price Reductions clause. (b) Contractors may request price increases to be effective on or after the first 12 months of the contract period providing all of the following conditions are met: (1) Increases resulting from a reissue or other modification of the Contractor's commercial catalog/price list that was used as the basis for the contract award. (2) No more than three increases will be considered during each succeeding 12-month period of the contract. (For succeeding contract periods of less than 12 months, up to three increases will be considered subject to the other conditions of this subparagraph (b)). (3) Increases are requested before the last 60 days of the contract period. (4) At least 30 days elapse between requested increases. (c) In any contract period during which price increases will be considered, the aggregate of the increases during any 12-month period shall not exceed SEE CLAUSE NOTE percent of the contract unit price in effect at the end of the preceding 12-month period. The Government reserves the right to raise the ceiling when market conditions during the contract period support such a change. (d) The following material shall be submitted with the request for a price increase: (1) A copy of the commercial catalog/price list showing the price increase and the effective date for commercial customers. (2) Commercial Sales Practices Format regarding the Contractor's commercial pricing practice relating to the reissued or modified catalog/price list, or a certification that no change has 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 102 of 143 118 occurred in the data since completion of the initial negotiation or a subsequent submission. (3) Documentation supporting the reasonableness of the price increase. (e) The Government reserves the right to exercise one of the following options: (1) Accept the Contractor's price increases as requested when all conditions of (b), (c), and (d) of this clause are satisfied; (2) Negotiate more favorable discounts from the new commercial prices when the total increase requested is not supported; or, (3) Remove the product(s) from contract involved pursuant to the Cancellation clause of this contract, when the increase requested is not supported. (f) The increased contract prices shall apply to delivery orders issued to the Contractor on or after the effective date of the contract modification. Note: Regulation 552.216-70 The EPA Ceiling Limit for this clause is hereby established as 4% for the Human Capital Category, 5% for the Professional Services Category, 5% for the Travel Category and 10% for all other Large Categories. NOTE: This clause does not apply to contracts participating in the Transactional Data Reporting (TDR) Pilot. Please refer to clause 552.216-70 Deviation II. Begin Regulation 552.216-70 ECONOMIC PRICE ADJUSTMENT – FSS MULTIPLE AWARD SCHEDULE CONTRACTS (SEP 1999) (DEVIATION II – JUL 2016) Price adjustments include price increases and price decreases. Adjustments will be considered as follows: (a) Contractors may submit price decreases anytime during the contract period in which they occur. Price decreases will be handled in accordance with the provisions of the Price Reduction Clause. (b) Contractors may request price increases to be effective on or after the first 12 months of the contract period providing all of the following conditions are met: (1) No more than three increases will be considered during each succeeding 12-month period of the contract. For succeeding contract periods of less than 12 months, up to three increases will be considered subject to the other conditions of this subparagraph (b). (2) Increases are requested before the last 60 days of the contract period. (3) At least 30 days elapse between requested increases. (c) In any contract period during which price increases will be considered, the aggregate of the increases during any 12-month period shall not exceed SEE CLAUSE NOTE percent of the contract unit price in effect at the end of the preceding 12-month period. The Government reserves the right to 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 103 of 143 119 raise the ceiling when market conditions during the contract period support such a change. (d) Documentation supporting the reasonableness of the price increase shall be submitted with the request for a price increase. (e) The Government reserves the right to exercise one of the following options: (1) Accept the Contractor's price increases as requested when all conditions of (b), (c), and (d) of this clause are satisfied; (2) Negotiate smaller increases when the total increase requested is not supported; or, (3) Remove the product(s) from contract involved pursuant to the Cancellation Clause of this contract, when the increase requested is not supported. (f) The increased contract prices shall apply to delivery orders issued to the Contractor on or after the effective date of the contract modification. Note: Regulation 552.216-70 The EPA Ceiling Limit for this clause is hereby established as 4% for the Human Capital Category, 5% for the Professional Services Category, 5% for the Travel Category and 10% for all other Large Categories. NOTE: This clause applies to contracts participating in the Transactional Data Reporting (TDR) Pilot. Begin Regulation 552.217-71 NOTICE REGARDING OPTION(S) (NOV 1992) The General Services Administration (GSA) has included an option to Extend the term of this contract in order to demonstrate the value it places on quality performance by providing a mechanism for continuing a contractual relationship with a successful offeror that performs at a level which meets or exceeds GSA's quality performance expectations as communicated to the Contractor, in writing, by the Contracting Officer or designated representative. When deciding whether to exercise the option, the Contracting Officer will consider the quality of the Contractor's past performance under this contract in accordance with 48 CFR 517.207. Begin Regulation 552.238-116 OPTION TO EXTEND THE TERM OF THE FSS CONTRACT (MAR 2022) (a) The Government may require continued performance of this contract for an additional 5 year period. This option may be exercised up to three times. (b) The Contracting Officer may exercise the option by providing written notice to the Contractor 30 days before the contract expires. (End of Clause) 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 104 of 143 120 Begin Regulation 552.238-74 INTRODUCTION OF NEW SUPPLIES/SERVICES (INSS) (MAY 2023) (a)Definition. “Introduction of New Supplies and Services Special Item Number (SIN)” means a new or improved supply or service - within the scope of the Federal Supply Schedule (FSS), but not currently available under any Federal Supply Schedule contract- that provides a new service, function, task, or attribute that may provide a more economical or efficient means for ordering activities to accomplish their missions. It may significantly improve an existing supply or service. It may be a supply or service existing in the commercial market, but not yet introduced to the Federal Government. (b) Offerors are encouraged to introduce new or improved supplies or services via the “Introduction of New Supplies and Services SIN” at any time by clearly identifying this SIN item in the offer. (c) The Contracting Officer has the sole discretion to determine whether a supply or service will be accepted as an “Introduction of New Supplies and Services SIN” item. The Contracting Officer will evaluate and process the offer and may perform a technical review. This SIN provides temporary placement until the Contracting Officer formally categorizes the new supply or service. (d) If the Contractor has an existing schedule contract, GSA may, at the sole discretion of the Contracting Officer, modify the existing contract to include the “Introduction of New Supplies and Services SIN” item in accordance with 552.238-82, Modifications (Federal Supply Schedules). (End of provision) Begin Regulation 552.238-78 IDENTIFICATION OF PRODUCTS THAT HAVE ENVIRONMENTAL ATTRIBUTES (JAN 2022) (a) Several laws, Executive orders, and Agency directives require Federal buyers to purchase products that are less harmful to the environment, when they are life cycle cost-effective (see FAR Subpart 23.7). The U.S. General Services Administration (GSA) requires contractors to highlight environmental products under Federal Supply Service schedule contracts in various communications media (e.g., publications and electronic formats). (b)Definitions. As used in this clause — “Energy-efficient product” means a product that– (1) Meets Department of Energy and Environmental Protection Agency criteria for use of the ENERGY STAR® trademark label; or (2) Is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy's Federal Energy Management Program. “GSA Advantage!” is an on-line shopping mall and ordering system that provides customers with access to products and services under GSA contracts. “Other environmental attributes” refers to product characteristics that provide environmental benefits, excluding recovered materials and energy and water efficiency. Several examples of these characteristics are biodegradable, recyclable, reduced pollutants, ozone safe, and low volatile organic compounds (VOCs). 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 105 of 143 121 “Post-consumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is part of the broader category of “recovered material.” The Environmental Protection Agency (EPA) has developed a list of EPA-designated products in their Comprehensive Procurement Guidelines (CPGs) to provide Federal agencies with purchasing recommendations on specific products in a Recovered Materials Advisory Notice (RMAN). The RMAN contains recommended recovered and post-consumer material content levels for the specific products designated by EPA (40 CFR part 247 and http://www.epa.gov/cpg/). “Recovered materials” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process (Executive Order 13101 and 42 U.S.C. 6903(19) and http://www.epa.gov/cpg/). For paper and paper products, see the definition at FAR 11.301 (42 U.S.C. 6962(h)). “Remanufactured” means factory rebuilt to original specifications. “Renewable energy” means energy produced by solar, wind, geothermal, and biomass power “Renewable energy technology” means – (1) Technologies that use renewable energy to provide light, heat, cooling, or mechanical or electrical energy for use in facilities or other activities; or (2) The use of integrated whole-building designs that rely upon renewable energy resources, including passive solar design. (c) Identification Requirements. (1) The offeror must identify products that — (i) Are compliant with the recovered and post-consumer material content levels recommended in the Recovered Materials Advisory Notices (RMANs) for EPA-designated products in the CPG program (http://www.epa.gov/cpg/); (ii) Contain recovered materials that either do not meet the recommended levels in the RMANs or are not EPA-designated products in the CPG program (see FAR 23.401 and http://www.epa.gov/cpg/); (iii) Are energy-efficient, as defined by either ENERGY STAR® and/or FEMP's designated top 25th percentile levels (see ENERGY STAR® at http://www.energystar.gov/ and FEMP at http://www.eere.energy.gov/femp/procurement/); (iv) Are water-efficient (v) Use renewable energy technology; (vi) Are remanufactured; and (vii) Have other environmental attributes. (2) These identifications must be made in each of the offeror's following mediums: (i) The offer itself. (ii) Printed commercial catalogs, brochures, and pricelists. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 106 of 143 122 (iii) Online product website. (iv) Electronic data submission for GSA Advantage! submitted via GSA's Schedules Input Program (SIP) software or the Electronic Data Inter-change (EDI). Offerors can use the SIP or EDI methods to indicate environmental and other attributes for each product that are translated into respective icons in GSA Advantage!. (d) An offeror, in identifying an item with an environmental attribute, must possess evidence or rely on a reasonable basis to substantiate the claim (see 16 CFR part 260, Guides for the Use of Environmental Marketing Claims). The Government will accept an offeror's claim of an product's environmental attribute on the basis of— (1) Participation in a Federal agency sponsored program (e.g., the EPA and DOE ENERGY STAR® product labeling program); (2) Verification by an independent organization that specializes in certifying such claims; or (3) Possession of competent and reliable evidence. For any test, analysis, research, study, or other evidence to be “competent and reliable,” it must have been conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the profession to yield accurate and reliable results. Begin Regulation 552.238-80 INDUSTRIAL FUNDING FEE AND SALES REPORTING (JUL 2020) (a)Reporting of Federal Supply Schedule Sales. The Contractor shall report all contract sales under this contract as follows: (1) The Contractor shall accurately report the dollar value, in U.S. dollars and rounded to the nearest whole dollar, of all sales under this contract by calendar quarter (January 1-March 31, April 1- June 30, July 1-September 30, and October 1-December 31). The dollar value of a sale is the price paid by the Schedule user for products and services on a Schedule task or delivery order. The reported contract sales value shall include the Industrial Funding Fee (IFF). The Contractor shall maintain a consistent accounting method of sales reporting, based on the Contractor's established commercial accounting practice. The acceptable points at which sales may be reported include– (i) Receipt of order; (ii) Shipment or delivery, as applicable; (iii) Issuance of an invoice; or (iv) Payment. (2) Contract sales shall be reported to Federal Acquisition Services (FAS) within 30 calendar days following the completion of each reporting quarter. The Contractor shall continue to furnish quarterly reports, including “zero” sales, through physical completion of the last outstanding task order or delivery order of the contract. (3) ) Reportable sales under the contract are those resulting from sales of contract items to authorized users unless the purchase was conducted pursuant to a separate contracting authority 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 107 of 143 123 such as a Governmentwide Acquisition Contract (GWAC); a separately awarded FAR Part 12, FAR Part 13, FAR Part 14, or FAR Part 15 procurement; or a non-FAR contract. Sales made to state and local governments under Cooperative Purchasing authority shall be counted as reportable sales for IFF purposes. (4) The Contractor shall electronically report the quarterly dollar value of sales, including “zero” sales, by utilizing the automated reporting system at an Internet website designated by the General Services Administration (GSA)’s Federal Acquisition Service (FAS). Prior to using this automated system, the Contractor shall complete contract registration with the FAS Vendor Support Center (VSC). The website address, as well as registration instructions and reporting procedures, will be provided at the time of award. The Contractor shall report sales separately for each National Stock Number (NSN), Special Item Number (SIN), or sub-item. (5) The Contractor shall convert the total value of sales made in foreign currency to U.S. dollars using the “Treasury Reporting Rates of Exchange” issued by the U.S. Department of Treasury, Financial Management Service. The Contractor shall use the issue of the Treasury report in effect on the last day of the calendar quarter. The report is available from Financial Management Service, International Funds Branch, Telephone: (202) 874-7994, Internet: http://www.fiscal.treasury.gov/fsreports/rpt/treasRptRateExch/treasRptRateExch_home.htm. (b) The Contractor shall remit the IFF at the rate set by GSA’s FAS. (1) The Contractor shall remit the IFF to FAS in U.S. dollars within 30 calendar days after the end of the reporting quarter; final payment shall be remitted within 30 days after physical completion of the last outstanding task order or delivery order of the contract. (2) The IFF represents a percentage of the total quarterly sales reported. This percentage is set at the discretion of GSA's FAS. GSA's FAS has the unilateral right to change the percentage at any time, but not more than once per year. FAS will provide reasonable notice prior to the effective date of the change. The IFF reimburses FAS for the costs of operating the Federal Supply Schedules Program. FAS recoups its operating costs from ordering activities as set forth in 40 U.S.C. 321: Acquisition Services Fund. Net operating revenues generated by the IFF are also applied to fund initiatives benefitting other authorized FAS programs, in accordance with 40 U.S.C. 321. Offerors must include the IFF in their prices. The fee is included in the award price(s) and reflected in the total amount charged to ordering activities. FAS will post notice of the current IFF at https://srp.fas.gsa.gov/or successor website as appropriate. (c) Within 60 days of award, an FAS representative will provide the Contractor with specific written procedural instructions on remitting the IFF. FAS reserves the unilateral right to change such instructions from time to time, following notification to the Contractor. (d) Failure to remit the full amount of the IFF within 30 calendar days after the end of the applicable reporting period constitutes a contract debt to the United States Government under the terms of FAR Subpart 32.6. The Government may exercise all rights under the Debt Collection Improvement Act of 1996, including withholding or setting off payments and interest on the debt (see FAR clause 52.232-17, Interest). Should the Contractor fail to submit the required sales reports, falsify them, or fail to timely pay the IFF, this is sufficient cause for the Government to terminate the contract for cause. End of Clause Note: Regulation 552.238-80 FSS contractors are required to report sales and remit IFF for Schedule items sold via FedMall, just as they would for any other Schedule sale. FedMall sales of Schedule items are treated no differently than sales earned via GSA Advantage! or from orders directly placed by an ordering activity. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 108 of 143 124 This clause does not apply to contracts participating in the Transactional Data Reporting (TDR) Pilot. Please refer to clause 552.238-80 Alternate I. Begin Regulation 552.238-80 INDUSTRIAL FUNDING FEE AND SALES REPORTING (JUL 2020) (ALTERNATE I MAY 2023) (a) Definition. “Transactional data” encompasses the historical details of the products or services delivered by the Contractor during the performance of task or delivery orders issued against this contract. (b) Reporting of Transactional Data. The Contractor must report all transactional data under this contract as follows: (1) The Contractor must electronically report transactional data by utilizing the automated reporting system at an Internet website designated by the General Services Administration (GSA) or by uploading the data according to GSA instructions. GSA will post registration instructions and reporting procedures on the Vendor Support Center website, https://vsc.gsa.gov. The reporting system website address, as well as registration instructions and reporting procedures, will be provided at the time of award or inclusion of this clause in the contract. (2) The Contractor must provide, at no additional cost to the Government, the following transactional data elements, as applicable: (i) Contract or Blanket Purchase Agreement (BPA) Number. (ii) Delivery/Task Order Number/Procurement Instrument Identifier (PIID). (iii) Non Federal Entity. (iv) Description of Deliverable. (v) Manufacturer Name. (vi) Manufacturer Part Number. (vii) Unit Measure (each, hour, case, lot). (viii) Quantity of Item Sold. (ix) Universal Product Code. (x) Price Paid per Unit. (xi) Total Price. Note to paragraph (b)(2):The Contracting Officer may add data elements to the standard elements listed in paragraph (b)(2) of this section with the approvals listed in GSAM 507.105(b)(3). (3) The contractor must report transactional data within 30 calendar days from the last calendar day of the month. If there was no contract activity during the month, the Contractor must submit a confirmation of no reportable transactional data within 30 calendar days of the last 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 109 of 143 125 calendar day of the month. (4) The Contractor must report the price paid per unit, total price, or any other data elements with an associated monetary value listed in (b)(2) of this section, in U.S. dollars. (5) The reported price paid per unit and total price must include the Industrial Funding Fee (IFF). (6) The Contractor must maintain a consistent accounting method of transactional data reporting, based on the Contractor's established commercial accounting practice. (7) Reporting Points. (i) The acceptable points at which transactional data may be reported include- (A) Issuance of an invoice; or (B) Receipt of payment. (ii) The Contractor must determine whether to report transactional data on the basis of invoices issued or payments received. (8) The Contractor must continue to furnish reports, including confirmation of no transactional data, through physical completion of the last outstanding task or delivery order of the contract. (9) Unless otherwise expressly stated by the ordering activity, orders that contain classified information or other or information that would compromise national security are exempt from this reporting requirement. (10) This clause does not exempt the Contractor from fulfilling existing reporting requirements contained elsewhere in the contract. (11) GSA reserves the unilateral right to change reporting instructions following 60 calendar days' advance notification to the Contractor. (c) Industrial Funding Fee (IFF). (1) This contract includes an IFF charged on orders placed against this contract. The IFF is paid by the authorized ordering activity but remitted to GSA by the Contractor. The IFF reimburses GSA for the costs of operating the Federal Supply Schedule program, as set forth in 40 U.S.C. 321: Acquisition Services Fund. Net operating revenues generated by the IFF are also applied to fund initiatives benefiting other authorized GSA programs, in accordance with 40 U.S.C. 321. (2) GSA has the unilateral right to change the fee amount at any time, but not more than once per year; GSA will provide reasonable notice prior to the effective date of any change. GSA will post notice of the current IFF on the Vendor Support Center website at https://vsc.gsa.gov. (3) Offerors must include the IFF in their prices. The fee is included in the awarded price(s) and reflected in the total amount charged to ordering activities. The fee will not be included in the 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 110 of 143 126 price of non-contract items purchased pursuant to a separate contracting authority, such as a Governmentwide Acquisition Contract (GWAC); a separately awarded Federal Acquisition Regulation (FAR) Part 12, FAR Part 13, FAR Part 14, or FAR Part 15 procurement; or a non-FAR contract. (4) The Contractor must remit the IFF to GSA in U.S. dollars within 30 calendar days after the last calendar day of the reporting quarter; final payment must be remitted within 30 calendar days after physical completion of the last outstanding task order or delivery order issued against the contract. (5) GSA reserves the unilateral right to change remittance instructions following 60 calendar days' advance notification to the Contractor. (d) The Contractor's failure to remit the full amount of the IFF within 30 calendar days after the end of the applicable reporting period constitutes a contract debt to the United States Government under the terms of FAR Subpart 32.6. The Government may exercise all rights under the Debt Collection Improvement Act of 1996, including withholding or offsetting payments and interest on the debt (see FAR clause 52.232-17, Interest). If the Contractor fails to submit the required transactional data reports, falsifies them, or fails to timely pay the IFF, these reasons constitute sufficient cause for the Government to terminate the contract for cause. Note: Regulation 552.238-80 FSS contractors are required to report sales and remit IFF for Schedule items sold via FedMall, just as they would for any other Schedule sale. FedMall sales of Schedule items are treated no differently than sales earned via GSA Advantage! or from orders directly placed by an ordering activity. This clause applies to contracts participating in the Transactional Data Reporting (TDR) Pilot. Begin Regulation 552.238-82 MODIFICATIONS (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE I - MAR 2020) (a)General.The Contractor may request a contract modification by transmitting a request to the Contracting Officer for approval, except as noted in paragraph (d) of this clause. At a minimum, every request shall describe the proposed change(s) and provide the rationale for the requested change(s). (b)Types of Modifications. (1) Additional items/additional SINs. When requesting additions, the following information must be transmitted: (i)Information requested in paragraphs (1) and (2) of the Commercial Sales Practice Format to add SINs. (ii) Discount information for the new items(s) or new SIN(s). Specifically, transmit the information requested in paragraphs 3 through 5 of the Commercial Sales Practice Format. If this information is the same as the initial award, a statement to that effect may be transmitted instead. (iii) Information about the new item(s) or the item(s) under the new SIN(s) must be 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 111 of 143 127 transmitted in accordance with the request for proposal. (iv) Delivery time(s) for the new item(s) or the item(s) under the new SIN(s) must be transmitted in accordance with the request for proposal. (v) Production point(s) for the new item(s) or the item(s) under the new SIN(s) must be transmitted if required by 52.215- 6,Place of Performance. (vi) Hazardous Material information (if applicable) must be transmitted as required by FAR 52.223-3 (Alternate I), Hazardous Material Identification and Material Safety Data. (vii) Any information requested by 52.212-3(f),Offeror Representations and Certifications—Commercial Products and Commercial Services, that may be necessary to assure compliance with FAR 52.225-1,Buy American Act—Balance of Payments Programs—Supplies. (2) Deletions. The Contractors shall provide an explanation for the deletion. The Government reserves the right to reject any subsequent offer of the same item or a substantially equal item at a higher price during the same contract period, if the contracting officer finds the higher price to be unreasonable when compared with the deleted item. (3) Price Reduction. The Contractor shall indicate whether the price reduction falls under the item (i), (ii), or (iii) of paragraph (c)(1) of the Price Reductions clause at 552.238-81. If the Price reduction falls under item (i), the Contractor shall transmit a copy of the dated commercial price list. If the price reduction falls under item (ii) or (iii), the Contractor shall transmit a copy of the applicable price list(s), bulletins or letters or customer agreements which outline the effective date, duration, terms and conditions of the price reduction. (c)Effective dates.The effective date of any modification is the date specified in the modification, except as otherwise provided in the Price Reductions clause at 552.238-81. (d)Electronic File Updates. The Contractor shall update electronic file transmissions to reflect all modifications. For additional items or SINs, the Contractor shall obtain the Contracting Officer's approval before transmitting changes. Contract modifications will not be made effective until the Government receives the electronic file updates. The Contractor may transmit price reductions, item deletions, and corrections without prior approval. However, the Contractor shall notify the Contracting Officer as set forth in the Price Reductions clause at 552.238-81. (e) Electronic transmission of modification requests is mandatory via eMod (http://eOffer.gsa.gov), unless otherwise stated in the electronic transmission standards and requirements at the Vendor Support Center website (http://vsc.gsa.gov). If the electronic transmission standards and requirements information is updated at the Vendor Support Center website, Contractors will be notified prior to the effective date of the change. End of clause Note: Regulation 552.238-82 This clause does not apply to contracts participating in the Transactional Data Reporting (TDR) Pilot. Please refer to clause 552.238-82 Alternate II. Begin Regulation 552.238-82 MODIFICATIONS (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE II MAY 2019) 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 112 of 143 128 (a)General.The Contractor may request a contract modification by transmitting a request to the Contracting Officer for approval, except as noted in paragraph (d) of this clause. At a minimum, every request shall describe the proposed change(s) and provide the rationale for the requested change(s). (b)Types of Modifications. (1) Additional items/additional SINs. When requesting additions, the Contractor must transmit the following information: (i) Information about the new item(s) or the item(s) under the new SIN(s) must be submitted in accordance with the instructions in the solicitation. (ii) Delivery time(s) for the new item(s) or the item(s) under the new SIN(s) must be submitted in accordance with the request for proposal. (iii) Production point(s) for the new item(s) or the item(s) under the new SIN(s) must be submitted if required by FAR 52.215-6, Place of Performance. (iv) Hazardous Material information (if applicable) must be submitted as required by FAR 52.223-3 (Alternate I), Hazardous Material Identification and Material Safety Data. (v) Any information requested by FAR 52.212-3(f), Offeror Representations and Certifications-Commercial Products and Commercial Services, that may be necessary to assure compliance with FAR 52.225-1, Buy American Act-Balance of Payments Programs-Supplies. (2) Deletions. The Contractor must provide an explanation for the deletion. The Government reserves the right to reject any subsequent offer of the same item or a substantially equal item at a higher price during the same contract period, if the Contracting Officer determines that the higher price is unreasonable compared to the price of the deleted item. (c)Effective dates.The effective date of any modification is the date specified in the modification, except as otherwise provided in the Price Reductions clause at 552.238-81. (d)Electronic File Updates. The Contractor shall update electronic file transmissions to reflect all modifications. For additional items or SINs, the Contractor shall obtain the Contracting Officer's approval before transmitting changes. Contract modifications will not be made effective until the Government receives the electronic file updates. The Contractor may transmit price reductions, item deletions, and corrections without prior approval. However, the Contractor shall notify the Contracting Officer as set forth in the Price Reductions clause at 552.238-81. End of clause Note: Regulation 552.238-82 This clause applies to contracts participating in the Transactional Data Reporting (TDR) Pilot. Begin Regulation C-FSS-370 CONTRACTOR TASKS / SPECIAL REQUIREMENTS (DEC 2022) (a)Security clearances. The Contractor may be required to obtain/possess varying levels of security clearances in the performance of orders issued under this contract. All costs associated with obtaining/possessing such security clearances should be factored into the price offered under the 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 113 of 143 129 Multiple Award Schedule (MAS). (b)Travel. The Contractor may be required to travel in performance of orders issued under this contract. Allowable travel and per diem charges are governed by FAR part 31, and are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under MAS. Travel in performance of a task order will only be reimbursable to the extent authorized by the ordering agency. The Industrial Funding Fee does not apply to travel and per diem charges. (c)Certifications, licenses and accreditations. As a commercial practice, the Contractor may be required to obtain/possess any variety of certifications, licenses, and accreditations for specific Federal Supply Code (FSC)/Product Service Code (PSC) classifications offered. All costs associated with obtaining/ possessing such certifications, licenses, and accreditations should be factored into the price offered under MAS. (d)Insurance. As a commercial practice, the Contractor may be required to obtain/possess insurance coverage for specific FSC/PSC classifications offered. All costs associated with obtaining/possessing such insurance should be factored into the price offered under MAS. (e)Personnel. The Contractor may be required to provide key personnel, resumes or skill category descriptions in the performance of orders issued under this contract. Ordering agencies may require prior approval of additions or replacements to key personnel. (f)Organizational conflicts of interest. Where there may be an organizational conflict of interest as determined by the ordering agency, the Contractor’s participation in such an order may be restricted in accordance with FAR part 9.5. (g)Documentation/Standards. The Contractor may be requested to provide products or services in accordance with rules, regulations, Office of Management and Budget orders, standards and documentation as specified by the order. (h)Data/Deliverable requirements. Any required data/deliverables at the order level will be specified or negotiated by the ordering agency. (i)Government-furnished property. As specified by the order, the Government may provide property, equipment, materials or resources as necessary. (j)Availability of funds. Many ordering agencies operating funds are appropriated for a specific fiscal year. Funds may not be presently available for any orders placed under the contract or any option year. The Government’s obligation on orders placed under this contract is contingent upon the availability of appropriated funds from which payment for ordering purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are available to the ordering Contracting Officer. (k)Overtime. For professional services, the labor rates in the Schedule should not vary by virtue of the Contractor having worked overtime. For services applicable to the Service Contract Act (as identified in the Schedule), the labor rates in the Schedule will vary as governed by labor laws (usually assessed a time and a half of the labor rate). (End of clause) Begin Regulation G-FSS-900-C CONTACT FOR CONTRACT ADMINISTRATION (DEC 2022) 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 114 of 143 130 Offerors should complete paragraphs (a) and (b) of this clause if providing both domestic and overseas delivery. Complete paragraph (a) of this clause if providing domestic delivery only. Complete paragraph (b) of this clause if providing overseas delivery only. The Contractor shall designate a person to serve as the contract administrator for the contract both domestically and overseas. The contract administrator is responsible for overall compliance with contract terms and conditions. The contract administrator is also the responsible official for issues concerning GSAR clause 552.238-80, Industrial Funding Fee and Sales Reporting, including reviews of Contractor records. The Contractor’s designation of representatives to handle certain functions under this contract does not relieve the contract administrator of responsibility for contract compliance. Any changes to the designated individual must be provided to the Contracting Officer in writing, with the proposed effective date of the change. (a)Domestic. NAME ______________________________________________________________________ TITLE ______________________________________________________________________ ADDRESS ___________________________________________________________________ ZIP CODE ___________________________________________________________________ TELEPHONE NO. (_______) __________________ FAX NO. ________________________ E-MAIL ADDRESS ___________________________________________________________ (b)Overseas. Overseas contact points are mandatory for local assistance with the resolution of any delivery, performance, or quality complaint from ordering agencies. (Also, see the requirement in GSAR clause 552.238-97, Parts and Service) At a minimum, a contact point must be furnished for each area in which deliveries are contemplated, e.g., Europe, South America, Far East, etc. NAME ______________________________________________________________________ TITLE ______________________________________________________________________ ADDRESS ___________________________________________________________________ ZIP CODE ___________________________________________________________________ TELEPHONE NO. (_______) __________________ FAX NO. ________________________ E-MAIL ADDRESS ___________________________________________________________ (End of provision) Begin Regulation I-FSS-106 GUARANTEED MINIMUM (DEC 2022) (a) The guaranteed minimum that the Government agrees to order during the period of this contract is $2,500. If the Contractor receives total orders for less than $2,500 during the term of the contract, the Government will pay the difference between the amount ordered and $2,500. (b) Payment of any amount due under this clause shall be contingent upon the Contractor’s timely 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 115 of 143 131 submission of reportable sales and fees and receipt of the close-out sales report pursuant to GSAR clause 552.238-80, Industrial Funding Fee and Sales Reporting. (c) The guaranteed minimum applies only if the contract expires or contract cancellation is initiated by the Government. The guaranteed minimum does not apply if the contract is terminated for cause or if the contract is canceled at the request of the Contractor. Begin Regulation I-FSS-40 CONTRACTOR TEAM ARRANGEMENTS (DEC 2022) Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts. This includes compliance with GSAR clause 52.238-80, Industrial Funding Fee and Sales Reporting (i.e., each contractor participating in a contractor team arrangement must report sales and remit the Industrial Funding Fee for all products and services provided under its individual contract). (End of clause) Begin Regulation I-FSS-600 CONTRACT PRICE LISTS (DEC 2022) (a)Electronic Contract Data. (1) At the time of award, the Contractor will be provided instructions for submitting electronic contract data in a prescribed format as required by GSAR clause 552.238-77, Submission and Distribution of Authorized Federal Supply Schedule (FSS) Price Lists. (2) The Contractor will have a choice to transmit its file submissions electronically through Electronic Data Interchange (EDI) in accordance with the Federal Implementation Convention (IC) or use the application made available at the time of award. The Contractor’s electronic files must be complete, correct, readable, virus free, and contain only those supplies and services, prices, and terms and conditions that were accepted by the Government. They will be added to GSA’s electronic ordering system known as GSA Advantage!®, a menu driven database system that provides online access to contract ordering information, terms and conditions, current pricing, and the option to create an electronic order. The Contractor’s electronic files must be received no later than 30 days after award. Contractors should refer to the GSAR clause at 552.238-88, GSA Advantage!®, for further information. (3) Further details on EDI, ICs, and GSA Advantage! ® can be found in GSAR clause 552.238-103, Electronic Commerce. (4) The Contractor is encouraged to place the GSA logo on their website for those supplies or services covered by this contract. Contractors may link the GSA logo to their FSS price list. Only GSA Schedule holders may use the GSA logo, which is at https://www.gsa.gov/logos. All resultant “web price lists” shown on the Contractor’s website must be in accordance with paragraph (b)(3)(ii) of this clause and nothing other than what was accepted/awarded by the Government may be included. If the Contractor elects to use contract identifiers on its website (either logos or contact number) the website must clearly distinguish between those items awarded on the contract and any other items offered by the Contractor on an open market basis. (5) The Contractor is responsible for keeping all electronic catalogs data current, accurate, and complete; e.g., prices, product deletions and replacements, etc. (b)Federal Supply Schedule Price Lists. (1) The Contractor must prepare and distribute an FSS price list as required by GSAR clause 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 116 of 143 132 552.238-77, Submission and Distribution of Authorized Federal Supply Schedule (FSS) Price Lists. (2) The Contractor must prepare an FSS price list by composing a price list in which only those items, terms, and conditions accepted by the Government are included, and which contain only net prices, based upon the commercial price list or commercial market prices less discounts accepted by the Government. The cover page of the FSS price list must include the following statement: "Prices Shown Herein are Net (discount deducted)”. (3) The cover page of the FSS price list must include the following information prepared in the following format: GENERAL SERVICES ADMINISTRATION Federal Acquisition Service Authorized Federal Supply Schedule FSS Price List Online access to contract ordering information, terms and conditions, pricing, and the option to create an electronic delivery order are available through GSA Advantage!®. The website for GSA Advantage!® is: https://www.GSAAdvantage.gov. Schedule title FSC Group, Part, and Section or Standard Industrial Group (as applicable) FSC Class(es)/Product Code(s) and/or Service Codes (as applicable). Contract number Contract period Contractor's name, address, and phone number (include toll free WATS number and FAX number, if applicable) Contractor’s internet address/website where Schedule information can be found (as applicable) Contract administration source (if different from preceding entry) Business size For more information on ordering go to the following website: https://www.gsa.gov/schedules. CUSTOMER INFORMATION: The following information should be placed under this heading in consecutively numbered paragraphs in the sequence set forth below. If this information is placed in another part of the FSS price list, a table of contents must be shown on the cover page that refers to the exact location of the information. 1a. Table of awarded special item number(s) with appropriate cross reference to item descriptions and awarded price(s). 1b. Identification of the lowest priced model number and lowest unit price for that model for each special item number awarded in the contract. This price is the Government price based on a unit of one, exclusive of any quantity/dollar volume, prompt payment discounts, or any other concession affecting price. Contracts that have unit prices based on the geographic location of the customer, should show the range of the lowest price, and cite the areas to which the prices apply. 1c. If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles, experience, functional responsibility, and education for those types of employees or subcontractors who will perform services shall be provided. If hourly rates are not applicable, the Contractor shall insert “Not applicable” for this item. 2. Maximum order. 3. Minimum order. 4. Geographic coverage (delivery area). 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 117 of 143 133 5. Point(s) of production (city, county, and State or foreign country). 6. Discount from list prices or statement of net price. 7. Quantity discounts. 8. Prompt payment terms. The Contractor must insert the following statement after identifying the prompt payment terms: "Information for Ordering Offices: Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions." 9. Foreign items (list items by country of origin). 10a. Time of delivery. (Contractor insert number of days.) 10b. Expedited Delivery. The Contractor must insert the sentence “Items available for expedited delivery are noted in this price list.” under this heading. The Contractor may use a symbol of its choosing to highlight items in its FSS price list that have expedited delivery. 10c. Overnight and 2-day delivery. The Contractor must indicate whether overnight and 2-day delivery are available. Also, the Contractor must indicate that the ordering activity may contact the Contractor for rates for overnight and 2-day delivery. 10d. Urgent Requirements. The Contractor must note in its FSS price list that ordering agencies can request accelerated delivery for urgent requirements. 11. F.O.B. point(s). 12a. Ordering address(es). 12b. Ordering procedures: See Federal Acquisition Regulation (FAR) 8.405-3. 13. Payment address(es). 14. Warranty provision. 15. Export packing charges, if applicable. 16. Terms and conditions of rental, maintenance, and repair (if applicable). 17. Terms and conditions of installation (if applicable). 18a. Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices (if applicable). 18b. Terms and conditions for any other services (if applicable). 19. List of service and distribution points (if applicable). 20. List of participating dealers (if applicable). 21. Preventive maintenance (if applicable). 22a. Special attributes such as environmental attributes (e.g., recycled content, energy efficiency, and/or reduced pollutants). 22b. If applicable, indicate that Section 508 compliance information is available for the information and communications technology (ICT) products and services offered and show where full details can be found (e.g., Contractor’s website or other location). ICT accessibility standards can be found at https://www.section508.gov/. 23. Unique Entity Identifier (UEI) number. 24. Notification regarding registration in the System for Award Management (SAM) database. (4) Amendments to the FSS price lists must include on the cover page the same information as the current FSS price list plus the title "Supplement No. (sequentially numbered)" and the effective date(s) of such supplements. (5) Accuracy of information and computation of prices is the responsibility of the Contractor. (6) Inclusion of incorrect information in the FSS price list will cause the Contractor to resubmit/correct the FSS price list, and may constitute sufficient cause for termination, pursuant to GSA clause 552.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services, and application of any other remedies as provided by law—including monetary recovery. (End of clause) Begin Regulation (Note: This is an FSS reproduction using word processing software)STANDARD FORM 1449 (10-95)(BACK) I-FSS-969 ECONOMIC PRICE ADJUSTMENT – FSS MULTIPLE AWARD SCHEDULE (OCT 2014) (ALTERNATE II – JUL 2016) Price adjustments include price increases and price decreases. Adjustments will be considered as follows: (a) Contractors shall submit price decreases anytime during the contract period in which they occur. Price decreases will be handled in accordance with the provisions of the Price Reductions clause. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 118 of 143 134 (b) There are two types of economic price adjustments (EPAs) possible under the Multiple Award Schedules (MAS) program for contracts not based on commercial catalogs or price lists as described below. Price adjustments may be effective on or after the first 12 months of the contract period on the following basis: (1)Adjustments based on escalation rates negotiated prior to contract award.Normally, when escalation rates are negotiated, they result in a fixed price for the term of the contract. No separate contract modification will be provided when increases are based on negotiated escalation rates. Price increases will be effective on the 12-month anniversary date of the contract effective date, subject to paragraph (f), below. (2)Adjustments based on an agreed-upon market indicator prior to award.The market indicator, as used in this clause, means the originally released public index, public survey or other public-based market indicator. The market indicator shall be the originally released index, survey or market indicator, not seasonally adjusted, published by the [to be negotiated], and made available at [to be identified]. Any price adjustment shall be based on the percentage change in the designated (i.e. indicator identification and date) market indicator from the initial award to the latest available as of the anniversary date of the contract effective date, subject to paragraph (e), below. If the market indicator is discontinued or deemed no longer available or reliable by the Government, the Government and the Contractor will mutually agree to a substitute. The contract modification reflecting the price adjustment will be effective upon approval by the Contracting Officer, subject to paragraph (g), below. (c) Notwithstanding the two economic price adjustments discussed above, the Government recognizes the potential impact of unforeseeable major changes in market conditions. For those cases where such changes do occur, the contracting officer will review requests to make adjustments, subject to the Government's examination of industry-wide market conditions and the conditions in paragraph (d) and (e), below. If adjustments are accepted, the contract will be modified accordingly. The determination of whether or not extra-ordinary circumstances exist rests with the contracting officer. The determination of an appropriate mechanism of adjustment will be subject to negotiations. (d) Conditions of Price change requests under paragraphs b(2) and c above: (1) No more than three increases will be considered during each succeeding 12-month period of the contract. (For succeeding contract periods of less than 12 months, up to three increases will be considered subject to the other conditions of subparagraph (b)). (2) Increases are requested before the last 60 days of the contract period, including options. (3) At least 30 days elapse between requested increases. (4) In any contract period during which price increases will be considered, the aggregate of the increases during any 12-month period shall not exceed SEE CLAUSE NOTE percent (SEE CLAUSE NOTE%) of the contract unit price in effect at the end of the preceding 12-month period. The Government reserves the right to raise the ceiling when market conditions during the contract period support such a change. (e) The following material shall be submitted with request for a price increase under paragraphs b(2) and c above: (1) A copy of the index, survey or pricing indicator showing the price increase and the effective date. (2) Any other documentation requested by the Contracting Officer to support the reasonableness of the price increase. (f) The Government reserves the right to exercise one of the following options: 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 119 of 143 135 (1) Accept the Contractor's price increases as requested when all conditions of (b), (c), (d), and (e) of this clause are satisfied; (2) Negotiate more favorable prices when the total increase requested is not supported; or, (3) Decline the price increase when the request is not supported. The Contractor may remove the item(s) from contract involved pursuant to the Cancellation Clause of this contract. (g) Effective Date of Increases: The increased contract prices shall apply to orders issued to the Contractor on or after the effective date of the contract modification. Note: Regulation I-FSS-969 The EPA Ceiling Limit for this clause is hereby established as 4% for the Human Capital Category, 5% for the Professional Services Category, 5% for the Travel Category and 10% for all other Large Categories. NOTE: This clause applies to contracts participating in the Transactional Data Reporting (TDR) Pilot. Begin Regulation I-FSS-969 ECONOMIC PRICE ADJUSTMENT—FSS MULTIPLE AWARD SCHEDULE (OCT 2014) Price adjustments include price increases and price decreases. Adjustments will be considered as follows: (a) Contractors shall submit price decreases anytime during the contract period in which they occur. Price decreases will be handled in accordance with the provisions of the Price Reduction Clause. (b) There are two types of economic price adjustments (EPAs) possible under the Multiple Award Schedules (MAS) program for contracts not based on commercial catalogs or price lists as described below. Price adjustments may be effective on or after the first 12 months of the contract period on the following basis: (1) Adjustments based on escalation rates negotiated prior to contract award. Normally, when escalation rates are negotiated, they result in a fixed price for the term of the contract. No separate contract modification will be provided when increases are based on negotiated escalation rates. Price increases will be effective on the 12-month anniversary date of the contract effective date, subject to paragraph (f), below. (2) Adjustments based on an agreed-upon market indicator prior to award. The market indicator, as used in this clause, means the originally released public index, public survey or other public, based market indicator. The market indicator shall be the originally released index, survey or market indicator, not seasonally adjusted, published by the [to be negotiated], and made available at [to be identified]. Any price adjustment shall be based on the percentage change in the designated (i.e. indicator identification and date) market indicator from the initial award to the latest available as of the anniversary date of the contract effective date, subject to paragraph (e), below. If the market indicator is discontinued or deemed no longer available or reliable by the Government, the Government and the Contractor will mutually agree to a substitute. The contract modification reflecting the price adjustment will be effective upon approval by the Contracting Officer, subject to paragraph (g), below. The adjusted prices shall apply to orders issued to the Contractor on or after the effective date of the contract modification. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 120 of 143 136 (c) Nothwithstanding the two economic price adjustments discussed above, the Government recognizes the potential impact of unforeseeable major changes in market conditions. For those cases where such changes do occur, the contracting officer will review requests to make adjustments, subject to the Government’s examination of industry-wide market conditions and the conditions in paragraph (d) and (e), below. If adjustments are accepted, the contract will be modified accordingly. The determination of whether or not extra-ordinary circumstances exist rests with the contracting officer. The determination of an appropriate mechanism of adjustment will be subject to negotiations. (d) Conditions of Price change requests under paragraphs b(2) and c above.: (1) No more than three increases will be considered during each succeeding 12-month period of the contract. (For succeeding contract periods of less than 12 months, up to three increases will be considered subject to the other conditions of subparagraph (b)). (2) Increases are requested before the last 60 days of the contract period, including options. (3) At least 30 days elapse between requested increases. (4) In any contract period during which price increases will be considered, the aggregate of the increases during any 12-month period shall not exceed SEE CLAUSE NOTE percent (SEE CLAUSE NOTE%) of the contract unit price in effect at the end of the preceding 12-month period. The Government reserves the right to raise the ceiling when market conditions during the contract period support such a change. (e) The following material shall be submitted with request for a price increase under paragraphs b(2) and c above: (1) A copy of the index, survey or pricing indicator showing the price increase and the effective date. (2) Commercial Sales Practice format, per contract clause 52.215-21 Alternate IV, demonstrating the relationship of the Contractor's commercial pricing practice to the adjusted pricing proposed or a certification that no change has occurred in the data since completion of the initial negotiation or a subsequent submission. (3) Any other documentation requested by the Contracting Officer to support the reasonableness of the price increase. (f) The Government reserves the right to exercise one of the following options: (1) Accept the Contractor's price increases as requested when all conditions of (b), (c), (d), and (e) of this clause are satisfied; (2) Negotiate more favorable prices when the total increase requested is not supported; or, (3) Decline the price increase when the request is not supported. The Contractor may remove the item(s) from contract involved pursuant to the Cancellation Clause of this contract. (g) Effective Date of Increases: No price increase shall be effective until the Government receives the electronic file updates pursuant to GSAR 552.238-81, Modifications (Federal Supply Schedule). (h) All MAS contracts remain subject to contract clauses GSAR 552.238-75, “Price Reductions”; and 552.215-72, “Price Adjustment -- Failure to Provide Accurate Information.” In the event the application of an economic price adjustment results in a price less favorable to the Government than the price relationship established during negotiation between the MAS price and the price to the designated customer, the Government will maintain the price relationship to the designated customer. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 121 of 143 137 Note: Regulation I-FSS-969 The EPA Ceiling Limit for this clause is hereby established as 4% for the Human Capital Category, 5% for the Professional Services Category, 5% for the Travel Category and 10% for all other Large Categories. NOTE: This clause does not apply to contracts participating in the Transactional Data Reporting (TDR) Pilot. Please refer to clause I-FSS-969 Alternate II. 47QSMD20R0001 Refresh: 0017 Section III A. Terms and Conditions Related to Schedule Contract Administration Page: 122 of 143 138 Section III B. Terms and Conditions Related to the Performance of an Order These clauses outline key components of your contract that flow down to the order level and may impact the ordering activity. Begin Regulation (Note: This is an FSS reproduction using word processing software)STANDARD FORM 1449 (10-95)(BACK) 52.204-2 SECURITY REQUIREMENTS (MAR 2021) (a) This clause applies to the extent that this contract involves access to information classified “Confidential,” “Secret,” or “Top Secret.” (b) The Contractor shall comply with – (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (32 CFR part 117); and (2) Any revisions to that manual, notice of which has been furnished to the Contractor. (c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract. (d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information. Begin Regulation 52.216-22 INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as 47QSMD20R0001 Refresh: 0017 Section III B. Terms and Conditions Related to the Performance of an Order Page: 123 of 143 139 if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the completion of customer order, including options, 60 months following the expiration of the FSS contract ordering period. End of clause Begin Regulation 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within To be determined at the task order level; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least To be determined at the task order level days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed To be determined at the task order level (months) (years). Begin Regulation 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a) PARTICIPANTS (OCT 2022) (DEVIATION) (a) Offers are solicited only from— (1) Small business concerns expressly certified by the Small Business Administration (SBA) for participation in SBA's 8(a) program and which meet the following criteria at the time of submission of offer— (i) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and (ii)The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by SBA; (2) A joint venture, in which at least one of the 8(a) program participants that is a party to the joint venture complies with the criteria set forth in paragraph (a)(1) of this clause, that complies with 13 CFR 124.513(c); or (3) A joint venture— (i) That is comprised of a mentor and an 8(a) protégé with an approved mentor-protégé agreement under the 8(a) program; (ii) In which at least one of the 8(a) program participants that is a party to the joint venture complies with the criteria set forth in paragraph (a)(1) of this clause; and (iii) That complies with 13 CFR 124.513(c). (b) By submission of its offer, the Offeror represents that it meets the applicable criteria set forth in paragraph (a) of this clause. (c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in 47QSMD20R0001 Refresh: 0017 Section III B. Terms and Conditions Related to the Performance of an Order Page: 124 of 143 140 this solicitation. (d) The ____________ [insert name of SBA's contractor]will notify the____________ [insert name of contracting agency]Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock. (End of clause) Begin Regulation 52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997) (a) The Contractor shall notify the Contracting Officer or designee, in writing, To be determined at the task order level days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either (1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or (2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-0107). (b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause. Any such request shall— (1) Be submitted in writing; (2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed; and (3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted. (c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract. (d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause. Begin Regulation 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States (MaY 2020) (a) Definitions. As used in this clause-- Chief of mission means the principal officer in charge of a diplomatic mission of the United States or of a United States office abroad which is designated by the Secretary of State as diplomatic in nature, 47QSMD20R0001 Refresh: 0017 Section III B. Terms and Conditions Related to the Performance of an Order Page: 125 of 143 141 including any individual assigned under section 502(c) of the Foreign Service Act of 1980 (Pub. L. 96-465) to be temporarily in charge of such a mission or office. Combatant commander means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. Designated operational area means a geographic area designated by the combatant commander or subordinate joint force commander for the conduct or support of specified military operations. Supporting a diplomatic or consular mission means performing outside the United States under a contract administered by Federal agency personnel who are subject to the direction of a chief of mission. (b)General. (1) This clause applies when Contractor personnel are required to perform outside the United States-- (i) In a designated operational area during-- (A) Contingency operations; (B) Humanitarian or peacekeeping operations; or (C) Other military operations; or military exercises, when designated by the Combatant Commander; or (ii) When supporting a diplomatic or consular mission-- (A) That has been designated by the Department of State as a danger pay post (see https://aoprals.state.gov/); or (B) That the Contracting Officer has indicated is subject to this clause. (2) Contract performance may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations. (3) Contractor personnel are civilians. (i) Except as provided in paragraph (b)(3)(ii) of this clause, and in accordance with paragraph (i)(3) of this clause, Contractor personnel are only authorized to use deadly force in self-defense. (ii) Contractor personnel performing security functions are also authorized to use deadly force when use of such force reasonably appears necessary to execute their security mission to protect assets/persons, consistent with the terms and conditions contained in the contract or with their job description and terms of employment. (4) Service performed by Contractor personnel subject to this clause is not active duty or service under 38 U.S.C. 106 note. (c)Support.Unless specified elsewhere in the contract, the Contractor is responsible for all logistical and security support required for Contractor personnel engaged in this contract. (d)Compliance with laws and regulations.The Contractor shall comply with, and shall ensure that its personnel in the designated operational area or supporting the diplomatic or consular mission are familiar with and comply with, all applicable-- 47QSMD20R0001 Refresh: 0017 Section III B. Terms and Conditions Related to the Performance of an Order Page: 126 of 143 142 (1) United States, host country, and third country national laws; (2) Treaties and international agreements; (3) United States regulations, directives, instructions, policies, and procedures; and (4) Force protection, security, health, or safety orders, directives, and instructions issued by the Chief of Mission or the Combatant Commander; however, only the Contracting Officer is authorized to modify the terms and conditions of the contract. (e)Preliminary personnel requirements. (1) Specific requirements for paragraphs (e)(2)(i) through (e)(2)(vi) of this clause will be set forth in the statement of work, or elsewhere in the contract. (2) Before Contractor personnel depart from the United States or a third country, and before Contractor personnel residing in the host country begin contract performance in the designated operational area or supporting the diplomatic or consular mission, the Contractor shall ensure the following: (i) All required security and background checks are complete and acceptable. (ii) All personnel are medically and physically fit and have received all required vaccinations. (iii) All personnel have all necessary passports, visas, entry permits, and other documents required for Contractor personnel to enter and exit the foreign country, including those required for in-transit countries. (iv) All personnel have received-- (A) A country clearance or special area clearance, if required by the chief of mission; and (B) Theater clearance, if required by the Combatant Commander. (v) All personnel have received personal security training. The training must at a minimum-- (A) Cover safety and security issues facing employees overseas; (B) Identify safety and security contingency planning activities; and (C) Identify ways to utilize safety and security personnel and other resources appropriately. (vi) All personnel have received isolated personnel training, if specified in the contract. Isolated personnel are military or civilian personnel separated from their unit or organization in an environment requiring them to survive, evade, or escape while awaiting rescue or recovery. (vii) All personnel who are U.S. citizens are registered with the U.S. Embassy or Consulate with jurisdiction over the area of operations on-line at http://www.travel.state.gov. (3) The Contractor shall notify all personnel who are not a host country national or ordinarily resident in the host country that-- 47QSMD20R0001 Refresh: 0017 Section III B. Terms and Conditions Related to the Performance of an Order Page: 127 of 143 143 (i) If this contract is with the Department of Defense, or the contract relates to supporting the mission of the Department of Defense outside the United States, such employees, and dependents residing with such employees, who engage in conduct outside the United States that would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of the United States (see the Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3261 et seq.); (ii) Pursuant to the War Crimes Act, 18 U.S.C. 2441, Federal criminal jurisdiction also extends to conduct that is determined to constitute a war crime when committed by a civilian national of the United States; and (iii) Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises of United States diplomatic, consular, military or other United States Government missions outside the United States (18 U.S.C. 7(9)). (f)Processing and departure points.The Contractor shall require its personnel who are arriving from outside the area of performance to perform in the designated operational area or supporting the diplomatic or consular mission to-- (1) Process through the departure center designated in the contract or complete another process as directed by the Contracting Officer; (2) Use a specific point of departure and transportation mode as directed by the Contracting Officer; and (3) Process through a reception center as designated by the Contracting Officer upon arrival at the place of performance. (g)Personnel data. (1) Unless personnel data requirements are otherwise specified in the contract, the Contractor shall establish and maintain with the designated Government official a current list of all Contractor personnel in the areas of performance. The Contracting Officer will inform the Contractor of the Government official designated to receive this data and the appropriate system to use for this effort. (2) The Contractor shall ensure that all employees on this list have a current record of emergency data, for notification of next of kin, on file with both the Contractor and the designated Government official. (h)Contractor personnel.The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor personnel who fail to comply with or violate applicable requirements of this contract. Such action may be taken at the Government's discretion without prejudice to its rights under any other provision of this contract, including termination for default or cause. (i)Weapons. (1) If the Contracting Officer, subject to the approval of the Combatant Commander or the Chief of Mission, authorizes the carrying of weapons-- (i) The Contracting Officer may authorize an approved Contractor to issue Contractor-owned weapons and ammunition to specified employees; or (ii) The To be determined at the task order level [Contracting Officer to specify individual, e.g., Contracting Officer Representative, Regional Security Officer, etc,] may 47QSMD20R0001 Refresh: 0017 Section III B. Terms and Conditions Related to the Performance of an Order Page: 128 of 143 144 issue Government-furnished weapons and ammunition to the Contractor for issuance to specified Contractor employees. (2) The Contractor shall provide to the Contracting Officer a specific list of personnel for whom authorization to carry a weapon is requested. (3) The Contractor shall ensure that its personnel who are authorized to carry weapons-- (i) Are adequately trained to carry and use them-- (A) Safely; (B) With full understanding of, and adherence to, the rules of the use of force issued by the Combatant Commander or the Chief of Mission; and (C) In compliance with applicable agency policies, agreements, rules, regulations, and other applicable law; (ii) Are not barred from possession of a firearm by 18 U.S.C. 922; and (iii) Adhere to all guidance and orders issued by the Combatant Commander or the Chief of Mission regarding possession, use, safety, and accountability of weapons and ammunition. (4) Upon revocation by the Contracting Officer of the Contractor's authorization to possess weapons, the Contractor shall ensure that all Government-furnished weapons and unexpended ammunition are returned as directed by the Contracting Officer. (5) Whether or not weapons are Government-furnished, all liability for the use of any weapon by Contractor personnel rests solely with the Contractor and the Contractor employee using such weapon. (j)Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the area of performance. (k)Military clothing and protective equipment. (1) Contractor personnel are prohibited from wearing military clothing unless specifically authorized by the Combatant Commander. If authorized to wear military clothing, Contractor personnel must wear distinctive patches, armbands, nametags, or headgear, in order to be distinguishable from military personnel, consistent with force protection measures. (2) Contractor personnel may wear specific items required for safety and security, such as ballistic, nuclear, biological, or chemical protective equipment. (l)Evacuation. (1) If the Chief of Mission or Combatant Commander orders a mandatory evacuation of some or all personnel, the Government will provide to United States and third country national Contractor personnel the level of assistance provided to private United States citizens. (2) In the event of a non-mandatory evacuation order, the Contractor shall maintain personnel on location sufficient to meet contractual obligations unless instructed to evacuate by the Contracting Officer. (m)Personnel recovery. 47QSMD20R0001 Refresh: 0017 Section III B. Terms and Conditions Related to the Performance of an Order Page: 129 of 143 145 (1) In the case of isolated, missing, detained, captured or abducted Contractor personnel, the Government will assist in personnel recovery actions. (2) Personnel recovery may occur through military action, action by non-governmental organizations, other Government-approved action, diplomatic initiatives, or through any combination of these options. (3) The Department of Defense has primary responsibility for recovering DoD contract service employees and, when requested, will provide personnel recovery support to other agencies in accordance with DoD Directive 2310.2, Personnel Recovery. (n)Notification and return of personal effects. (1) The Contractor shall be responsible for notification of the employee-designated next of kin, and notification as soon as possible to the U.S. Consul responsible for the area in which the event occurred, if the employee-- (i) Dies; (ii) Requires evacuation due to an injury; or (iii) Is isolated, missing, detained, captured, or abducted. (2) The Contractor shall also be responsible for the return of all personal effects of deceased or missing Contractor personnel, if appropriate, to next of kin. (o)Mortuary affairs. Mortuary affairs for Contractor personnel who die in the area of performance will be handled as follows: (1) If this contract was awarded by DoD, the remains of Contractor personnel will be handled in accordance with DoD Directive 1300.22, Mortuary Affairs Policy. (2) (i) If this contract was awarded by an agency other than DoD, the Contractor is responsible for the return of the remains of Contractor personnel from the point of identification of the remains to the location specified by the employee or next of kin, as applicable, except as provided in paragraph (o)(2)(ii) of this clause. (ii) In accordance with 10 U.S.C. 1486, the Department of Defense may provide, on a reimbursable basis, mortuary support for the disposition of remains and personal effects of all U.S. citizens upon the request of the Department of State. (p)Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting Officer may, at any time, by written order identified as a change order, make changes in place of performance or Government-furnished facilities, equipment, material, services, or site. Any change order issued in accordance with this paragraph shall be subject to the provisions of the Changes clause of this contract. (q)Subcontracts.The Contractor shall incorporate the substance of this clause, including this paragraph (q), in all subcontracts that require subcontractor personnel to perform outside the United States-- (1) In a designated operational area during-- (i) Contingency operations; (ii) Humanitarian or peacekeeping operations;or (iii) Other military operations; or military exercises, when designated by the Combatant 47QSMD20R0001 Refresh: 0017 Section III B. Terms and Conditions Related to the Performance of an Order Page: 130 of 143 146 Commander; or (2) When supporting a diplomatic or consular mission-- (i) That has been designated by the Department of State as a danger pay post (see https://aoprals.state.gov/);or (ii) That the Contracting Officer has indicated is subject to this clause. Begin Regulation 52.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) (JUL 2014) (a) The Contractor shall (1) Before commencing performance under this contract, establish provisions to provide for the payment of disability compensation and medical benefits to covered employees and death benefits to their eligible survivors, by purchasing workers’ compensation insurance or qualifying as a self-insurer under the Longshore and Harbor Workers’ Compensation Act (33 U.S.C.932) as extended by the Defense Base Act (42 U.S.C.1651,etseq.), and continue to maintain provisions to provide such Defense Base Act benefits until contract performance is completed; (2) Within ten days of an employee’s injury or death or from the date the Contractor has knowledge of the injury or death, submit Form LS-202 (Employee’s First Report of Injury or Occupational Illness) to the Department of Labor in accordance with the Longshore and Harbor Workers’ Compensation Act (33 U.S.C.930(a), 20 CFR 702.201 to 702.203); (3) Pay all compensation due for disability or death within the time frames required by the Longshore and Harbor Workers’ Compensation Act (33 U.S.C.914, 20 CFR 702.231 and 703.232); (4) Provide for medical care as required by the Longshore and Harbor Workers’ Compensation Act (33 U.S.C.907, 20 CFR 702.402 and 702.419); (5) If controverting the right to compensation, submit Form LS-207 (Notice of Controversion of Right to Compensation) to the Department of Labor in accordance with the Longshore and Harbor Workers’ Compensation Act (33 U.S.C.914(d), 20 CFR 702.251); (6) Immediately upon making the first payment of compensation in any case, submit Form LS-206 (Payment Of Compensation Without Award) to the Department of Labor in accordance with the Longshore and Harbor Workers’ Compensation Act (33 U.S.C.914(c), 20 CFR 702.234); (7) When payments are suspended or when making the final payment, submit Form LS-208 (Notice of Final Payment or Suspension of Compensation Payments) to the Department of Labor in accordance with the Longshore and Harbor Workers’ Compensation Act (33 U.S.C.914(c) and (g), 20 CFR 702.234 and 702.235); and (8) Adhere to all other provisions of the Longshore and Harbor Workers’ Compensation Act as extended by the Defense Base Act, and Department of Labor regulations at 20 CFR Parts 701 to 704. (b) For additional information on the Longshore and Harbor Workers’ Compensation Act requirements see http://www.dol.gov/owcp/dlhwc/lsdba.htm. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts to which the Defense Base Act applies. (End of clause) Begin Regulation 52.232-40 PROVIDING ACCELERATED PAYMENTS TO 47QSMD20R0001 Refresh: 0017 Section III B. Terms and Conditions Related to the Performance of an Order Page: 131 of 143 147 SMALL BUSINESS SUBCONTRACTORS (MAR 2023) (a) (1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 3801, within 15 days after receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. (2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services. (End of clause) Begin Regulation 552.219-74 SECTION 8(a) DIRECT AWARD (SEP 1999) (a) This contract is issued as a direct award between the contracting activity and the 8(a)Contractor pursuant to the Memorandum of Understanding between the Small Business Administration (SBA) and the General Services Administration. SBA retains the responsibility for 8(a)certifications, 8(a)eligibility determinations, and related issues, and will provide counseling and assistance to the 8(a)contractor under the 8(a)program. The cognizant SBA district office is: [Complete at time of award] (b) The contracting activity is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract. However, the contracting activity shall give advance notice to SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting activity shall also coordinate with SBA prior to processing any advance payments or novation agreements. The contracting activity may assign contract administration functions to a contract administration office. (c) The Contractor agrees: (1)To notify the Contracting Officer, simultaneous with its notification to SBA (as required by SBA’s 8(a)regulations), when the owner or owners upon whom 8(a)eligibility is based plan to relinquish ownership or control of the concern. Consistent with 15 U.S.C. 637(a)(21), transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership and control. (2)To the requirements of 52.219-14, Limitations on Subcontracting. (End of clause) 47QSMD20R0001 Refresh: 0017 Section III B. Terms and Conditions Related to the Performance of an Order Page: 132 of 143 148 Begin Regulation 552.228-5 GOVERNMENT AS ADDITIONAL INSURED (JAN 2016) (a) This clause supplements the requirements set forth in FAR clause 52.228-5, Insurance–Work on a Government Installation. (b) Each insurance policy required under this contract, other than workers’ compensation insurance, shall contain an endorsement naming the United States as an additional insured with respect to operations performed under this contract. The insurance carrier is required to waive all subrogation rights against any of the named insured. Begin Regulation 552.238-100 TRANSSHIPMENTS (MAY 2019) (a) The Contractor shall complete two (2) DD Forms 1387, Military Shipment Labels and, if applicable, four copies of DD Form 1387-2, Special Handling/Data Certification-used when shipping chemicals, dangerous cargo, etc. (1) Two copies of the DD Form 1387 will be attached to each shipping container delivered to the port Transportation Officer for subsequent transshipment by the Government as otherwise provided for under the terms of this contract. (2) These forms will be attached to one end and one side, not on the top or bottom, of the container. (3) The Contractor will complete the bottom line of these forms, which pertains to the number of pieces, weight and cube of each piece, using U.S. weight and cubic measures. Weights will be rounded off to the nearest pound. (One kg = 2.2 U.S. pounds; one cubic meter = 35.3156 cubic feet.) (b) In addition, if the cargo consists of chemicals, or is dangerous, one copy of the DD Form 1387-2 will be attached to the container, and three copies will be furnished to the Transportation Officer with the Bill of Lading. (c) Dangerous cargo will not be intermingled with non-dangerous cargo in the same container. (d) Copies of the above forms and preparation instructions will be obtained from the ordering activity issuing the Delivery Order. Reproduced copies of the forms are acceptable. (e) Failure to include DD Form 1387, and DD Form 1387-2, if applicable, on each shipping container will result in rejection of shipment by the port Transportation Officer. Begin Regulation 552.238-101 FOREIGN TAXES AND DUTIES (MAY 2019) Prices offered must be net, delivered, f.o.b. to the destinations accepted by the Government. (a) The Contractor warrants that such prices do not include any tax, duty, customs fees, or other foreign Governmental costs, assessments, or similar charges from which the U.S. Government is exempt. (b) Standard commercial export packaging, including containerization, if necessary, packaging, 47QSMD20R0001 Refresh: 0017 Section III B. Terms and Conditions Related to the Performance of an Order Page: 133 of 143 149 preservation, and/or marking are included in the pricing offered and accepted by the Government. Begin Regulation 552.238-106 INTERPRETATION OF CONTRACT REQUIREMENTS (MAY 2019) No interpretation of any provision of this contract, including applicable specifications, shall be binding on the Government unless furnished or agreed to in writing by the Contracting Officer or his designated representative. Begin Regulation 552.238-112 DEFINITION (FEDERAL SUPPLY SCHEDULES) - NON-FEDERAL ENTITY (MAY 2019) Ordering activity (also called “ordering agency” and “ordering office”) means an eligible ordering activity (see 552.238-113), authorized to place orders under Federal Supply Schedule contracts. Begin Regulation 552.238-113 SCOPE OF CONTRACT (ELIGIBLE ORDERING ACTIVITIES) (MAY 2023) (a) This solicitation is issued to establish contracts which may be used on a nonmandatory basis by the agencies and activities named below, as a source of supply for the supplies or services described herein, for domestic and/or overseas delivery. For the Wireless Mobility Services Special Item Number ONLY, limited geographic coverage (consistent with the Offeror's commercial practice) may be proposed. (1) Executive agencies (as defined in FAR Subpart 2.1) including nonappropriated fund activities as prescribed in 41 CFR 101-26.000; (2) Government contractors authorized in writing by a Federal agency pursuant to FAR 51.1; (3) Mixed ownership Government corporations (as defined in the Government Corporation Control Act); (4) Federal Agencies, including establishments in the legislative or judicial branch of government (except the Senate, the House of Representatives and the Architect of the Capitol and any activities under the direction of the Architect of the Capitol). (5) The District of Columbia; (6) Tribal governments when authorized under 25 USC 450j(k); (7) Tribes or tribally designated housing entities pursuant to 25 U.S.C. 4111(j); (8) Qualified Nonprofit Agencies as authorized under 40 USC 502(b); and (9) Organizations, other than those identified in paragraph (d) of this clause, authorized by GSA pursuant to statute or regulation to use GSA as a source of supply. (b)Definitions. 47QSMD20R0001 Refresh: 0017 Section III B. Terms and Conditions Related to the Performance of an Order Page: 134 of 143 150 “Domestic delivery” is delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S. territories. Domestic delivery also includes a port or consolidation point, within the aforementioned areas, for orders received from overseas activities. “Overseas delivery” is delivery to points outside of the 48 contiguous states, Washington, DC, Alaska, Hawaii, Puerto Rico, and U.S. territories (c) Offerors are requested to check one of the following boxes: ____ Contractor will provide domestic and overseas delivery. ____ Contractor will provide overseas delivery only. ____ Contractor will provide domestic delivery only. (d) The following activities may place orders against Schedule contracts: (1) State and local government may place orders against Consolidated Schedule contracts containing information technology or security and protection Special Item Numbers, on an optional basis; provided, the Contractor accepts order(s) from such activities; (2) The American National Red Cross may place orders against Federal Supply Schedules for products and services in furtherance of the purposes set forth in its Federal charter (36 U.S.C. 300102); provided, the Contractor accepts order(s) from the American National Red Cross; and (3) Other qualified organizations, as defined in section 309 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5152), may place orders against Federal Supply Schedules for products and services determined to be appropriate to facilitate emergency preparedness and disaster relief and set forth in guidance by the Administrator of General Services, in consultation with the Administrator of the Federal Emergency Management Agency; provided, the Contractor accepts order(s) from such activities. (4) State and local governments may place orders against Federal Supply Schedules for good or services determined by the Secretary of Homeland Security to facilitate recovery from a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121, et seq.) to facilitate disaster preparedness or response, or to facilitate recovery from terrorism or nuclear, biological, chemical, or radiological attack; provided, the Contractor accepts order(s) from such activities. (e) Articles or services may be ordered from time to time in such quantities as may be needed to fill any requirement, subject to the Order Limitations thresholds which will be specified in resultant contracts. Overseas activities may place orders directly with schedule contractors for delivery to CONUS port or consolidation point. (f) (1) The Contractor is obligated to accept orders received from activities within the Executive branch of the Federal Government. (2) The Contractor is not obligated to accept orders received from activities outside the Executive branch; however, the Contractor is encouraged to accept such orders. If the Contractor elects to accept such orders, all provisions of the contract shall apply, including clause 52.232-36 Payment by Third Party. If the Contractor is unwilling to accept such orders, and the proposed method of payment is not through the Credit Card, the Contractor shall return the order by mail or other means of delivery within 5 workdays from receipt. If the Contractor is unwilling to accept such orders, and the proposed method of payment is through the Credit Card, the Contractor must so advise the ordering activity within 24 hours of receipt of order. (Reference clause 52.232-36 Payment by Third Party.) Failure to return an order or advise the ordering activity within the time frames of this paragraph shall constitute acceptance whereupon all provisions of the contract shall apply. 47QSMD20R0001 Refresh: 0017 Section III B. Terms and Conditions Related to the Performance of an Order Page: 135 of 143 151 (g) The Government is obligated to purchase under each resultant contract a guaranteed minimum of $2,500 (two thousand, five hundred dollars) during the contract term. (h) All users of GSA's Federal Supply Schedules, including non-Federal users, shall use the schedules in accordance with the ordering guidance provided by the Administrator of General Services. GSA encourages non-Federal users to follow the Schedule Ordering Procedures set forth in the Federal Acquisition Regulation (FAR) 8.4, but they may use different established competitive ordering procedures if such procedures are needed to satisfy their state and local acquisition regulations and/or organizational policies. Begin Regulation 552.238-114 USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS BY NON-FEDERAL ENTITIES (JAN 2022) (a) If an entity identified in paragraph (d) of the clause at 552.238-113,Scope of Contract (Eligible Ordering Activities), elects to place an order under this contract, the entity agrees that the order shall be subject to the following conditions: (1) When the Contractor accepts an order from such an entity, a separate contract is formed which incorporates by reference all the terms and conditions of the Schedule contract except the Disputes clause, the patent indemnity clause, and the portion of the Commercial Product and Commercial Service Contract Terms and Conditions that specifies “Compliance with laws unique to Government contracts” (which applies only to contracts with entities of the Executive branch of the U.S. Government). The parties to this new contract which incorporates the terms and conditions of the Schedule contract are the individual ordering activity and the Contractor. The U.S. Government shall not be liable for the performance or nonperformance of the new contract. Disputes which cannot be resolved by the parties to the new contract may be litigated in any State or Federal court with jurisdiction over the parties, applying Federal procurement law, including statutes, regulations and case law, and, if pertinent, the Uniform Commercial Code. To the extent authorized by law, parties to this new contract are encouraged to resolve disputes through Alternative Dispute Resolution. Likewise, a Blanket Purchase Agreement (BPA), although not a contract, is an agreement that may be entered into by the Contractor with such an entity and the Federal Government is not a party. (2) Where contract clauses refer to action by a Contracting Officer or a Contracting Officer of GSA, that shall mean the individual responsible for placing the order for the ordering activity (e.g., FAR 52.212-4 at paragraph (f) and FSS clause I-FSS-249 B.) (3) As a condition of using this contract, eligible ordering activities agree to abide by all terms and conditions of the Schedule contract, except for those deleted clauses or portions of clauses mentioned in paragraph (a)(1) of this clause. Ordering activities may include terms and conditions required by statute, ordinance, regulation, order, or as otherwise allowed by State and local government entities as a part of a statement of work (SOW) or statement of objective (SOO) to the extent that these terms and conditions do not conflict with the terms and conditions of the Schedule contract. The ordering activity and the Contractor expressly acknowledge that, in entering into an agreement for the ordering activity to purchase goods or services from the Contractor, neither the ordering activity nor the Contractor will look to, primarily or in any secondary capacity, or file any claim against the United States or any of its agencies with respect to any failure of performance by the other party. (4) The ordering activity is responsible for all payments due the Contractor under the contract formed by acceptance of the ordering activity's order, without recourse to the agency of the U.S. Government, which awarded the Schedule contract. (5) The Contractor is encouraged, but not obligated, to accept orders from such entities. The Contractor may, within 5 days of receipt of the order, decline to accept any order, for any reason. 47QSMD20R0001 Refresh: 0017 Section III B. Terms and Conditions Related to the Performance of an Order Page: 136 of 143 152 The Contractor shall fulfill orders placed by such entities, which are not declined within the 5-day period. (6) The supplies or services purchased will be used for governmental purposes only and will not be resold for personal use. Disposal of property acquired will be in accordance with the established procedures of the ordering activity for the disposal of personal property. (b) If the Schedule Contractor accepts an order from an entity identified in paragraph (d) of the clause at 552.238-113,Scope of Contract (Eligible Ordering Activities), the Contractor agrees to the following conditions: (1) The ordering activity is responsible for all payments due the Contractor for the contract formed by acceptance of the order, without recourse to the agency of the U.S. Government, which awarded the Schedule contract. (2) The Contractor is encouraged, but not obligated, to accept orders from such entities. The Contractor may, within 5 days of receipt of the order, decline to accept any order, for any reason. The Contractor shall decline the order using the same means as those used to place the order. The Contractor shall fulfill orders placed by such entities, which are not declined within the 5-day period. (c) In accordance with clause 552.238-80, Industrial Funding Fee and Sales Reporting, the Contractor must report the quarterly dollar value of all sales under this contract. When submitting sales reports, the Contractor must report two dollar values for each Special Item Number: (1) The dollar value for sales to entities identified in paragraph (a) of the clause at 552.238-113,Scope of Contract (Eligible Ordering Activities), and (2) The dollar value for sales to entities identified in paragraph (d) of clause 552.238-113 Scope of Contract (Eligible Ordering Activities). Begin Regulation 552.238-84 DISCOUNTS FOR PROMPT PAYMENT (MAY 2019) (a) Discounts for early payment (hereinafter referred to as “discounts” or “the discount”) will be considered in evaluating the relationship of the Offeror's concessions to the Government vis-a-vis the Offeror's concessions to its commercial and Federal non-schedule customers, but only to the extent indicated in this clause. (b) Discounts will not be considered to determine the low Offeror in the situation described in the “Offers on Identical Products” provision of this solicitation. (c) Uneconomical discounts will not be considered as meeting the criteria for award established by the Government. In this connection, a discount will be considered uneconomical if the annualized rate of return for earning the discount is lower than the “value of funds” rate established by the Department of the Treasury and published quarterly in the Federal Register. The “value of funds” rate applied will be the rate in effect on the date specified for the receipt of offers. (d) Discounts for early payment may be offered either in the original offer or on individual invoices submitted under the resulting contract. Discounts offered will be taken by the ordering activity if payment is made within the discount period specified. (e) Discounts that are included in offers become a part of the resulting contracts and are binding on the Contractor for all orders placed under the contract. Discounts offered only on individual invoices will be binding on the Contractor only for the particular invoice on which the discount is offered. 47QSMD20R0001 Refresh: 0017 Section III B. Terms and Conditions Related to the Performance of an Order Page: 137 of 143 153 (f) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the date on which an electronic funds transfer was made. Begin Regulation 552.238-85 CONTRACTOR'S BILLING RESPONSIBILITIES (MAY 2019) (a) The Contractor is required to perform all billings made pursuant to this contract. However, if the Contractor has dealers that participate on the contract and the billing/payment process by the Contractor for sales made by the dealer is a significant administrative burden, the following alternative procedures may be used. Where dealers are allowed by the Contractor to bill ordering activities and accept payment in the Contractor's name, the Contractor agrees to obtain from all dealers participating in the performance of the contract a written agreement, which will require dealers to (1) Comply with the same terms and conditions as the Contractor for sales made under the contract; (2) Maintain a system of reporting sales under the contract to the manufacturer, which includes (i) The date of sale; (ii) The ordering activity to which the sale was made; (iii) The service or supply/model sold; (iv) The quantity of each service or supply/model sold; (v) The price at which it was sold, including discounts; and (vi) All other significant sales data. (3) Be subject to audit by the Government, with respect to sales made under the contract; and (4) Place orders and accept payments in the name of the Contractor in care of the dealer. (b) An agreement between a Contractor and its dealers pursuant to this procedure will not establish privity of contract between dealers and the Government. Begin Regulation 552.238-87 DELIVERY PRICES (MAY 2019) (a) Prices offered must cover delivery as provided below to destinations located within the 48 contiguous States and the District of Columbia. (1) Delivery to the door of the specified Government activity by freight or express common carriers on articles for which store-door delivery is provided, free or subject to a charge, pursuant to regularly published tariffs duly filed with the Federal and/or State regulatory bodies governing such carrier; or, at the option of the Contractor, by parcel post on mailable articles, or by the Contractor's vehicle. Where store-door delivery is subject to a charge, the Contractor shall place the notation “Delivery Service Requested” on bills of lading covering such shipments, and pay such charge and add the actual cost thereof as a separate item to his invoice. 47QSMD20R0001 Refresh: 0017 Section III B. Terms and Conditions Related to the Performance of an Order Page: 138 of 143 154 (2) Delivery to siding at destinations when specified by the ordering office, if delivery is not covered under paragraph (a)(1) of this section. (3) Delivery to the freight station nearest destination when delivery is not covered under paragraph (a)(1) or (2) of this section. (b) The Offeror shall indicate in the offer whether or not prices submitted cover delivery f.o.b. destination in Alaska, Hawaii, and the Commonwealth of Puerto Rico. (c) When deliveries are made to destinations outside the contiguous 48 States; i.e., Alaska, Hawaii, and the Commonwealth of Puerto Rico, and are not covered by paragraph (b), above, the following conditions will apply: (1) Delivery will be f.o.b. inland carrier, point of exportation (FAR 52.247-38), with the transportation charges to be paid by the Government from point of exportation to destination in Alaska, Hawaii, or the Commonwealth of Puerto Rico, as designated by the ordering office. The Contractor shall add the actual cost of transportation to destination from the point of exportation in the 48 contiguous States nearest to the designated destination. Such costs will, in all cases, be based upon the lowest regularly established rates on file with the Interstate Commerce Commission, the U.S. Maritime Commission (if shipped by water), or any State regulatory body, or those published by the U.S. Postal Service; and must be supported by paid freight or express receipt or by a statement of parcel post charges including weight of shipment. (2) The right is reserved to ordering agencies to furnish Government bills of lading. Begin Regulation 552.238-97 PARTS AND SERVICE (MAY 2019) (a) For equipment under items listed in the schedule of items or services on which offers are submitted, the Contractor represents by submission of this offer that parts and services (including the performing of warranty or guarantee service) are now available from dealers or distributors serving the areas of ultimate overseas destination or that such facilities will be established and will be maintained throughout the contract period. If a new servicing facility is to be established, the facility shall be established no later than the beginning of the contract period. (b) Each Contractor shall be fully responsible for the services to be performed by the named servicing facilities, or by such facilities to be established, and fully guarantees performance of such services if the original service proves unsatisfactory. (c) Contractors are requested to provide the Ordering Activity, the names and addresses of all supply and service points maintained in the geographic area in which the Contractor will perform. Please indicate opposite each point whether or not a complete stock of repair parts for items offered is carried at that point, and whether or not mechanical service is available. Begin Regulation 552.238-98 CLAUSES FOR OVERSEAS COVERAGE (MAY 2019) (a) 52.214-34 Submission of Offers in the English Language (b) 52.214-35 Submission of Offers in U.S. Currency (c)552.238-90 Characteristics of Electric Current 47QSMD20R0001 Refresh: 0017 Section III B. Terms and Conditions Related to the Performance of an Order Page: 139 of 143 155 (d)552.238-91 Marking and Documentation Requirements Per Shipment (e)552.238-97 Parts and Service (f)552.238-99 Delivery Prices Overseas (g)552.238-100 Transshipments (h)552.238-101 Foreign Taxes and Duties (i) 52.247-34 FOB Destination (j) 52.247-38 FOB Inland Carrier, Point of Exportation (k) 52.247-39 FOB Inland Point, Country of Importation Begin Regulation 552.238-99 DELIVERY PRICES OVERSEAS (MAY 2019) (a) Prices offered must cover delivery to destinations as provided as follows: (1) Direct delivery to consignee. F.O.B. Inland Point, Country of Importation (FAR 52.247-39). (Offeror should indicate countries where direct delivery will be provided.) (2) Delivery to overseas assembly point for transshipment when specified by the ordering activity, if delivery is not covered under paragraph (1), above. (3) Delivery to the overseas port of entry when delivery is not covered under paragraph (a)(1) or (2) of this section. (b) Geographic area(s)/countries/zones which are intended to be covered must be identified in the offer. Begin Regulation 552.246-78 INSPECTION AT DESTINATION (JUL 2009) Inspection of all purchases under this contract will be made at destination by an authorized Government representative. Begin Regulation I-FSS-973 PAYMENTS BY NON-FEDERAL ORDERING ACTIVITIES (DEC 2022) If eligible non-federal ordering activities are subject to a State prompt payment law, the terms and conditions of the applicable State law apply to the orders placed under this contract by such activities. If eligible non-federal ordering activities are not subject to a State prompt payment law, the terms and conditions of the Federal Prompt Payment Act as reflected in GSAR clause 552.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services, apply to such activities in the same manner as to Federal ordering activities. 47QSMD20R0001 Refresh: 0017 Section III B. Terms and Conditions Related to the Performance of an Order Page: 140 of 143 156 Section IV. List of Attachments This section outlines the attachments, templates, and supplemental documents that are part of this solicitation. The purpose and location of each document is stated below. Offerors must review and submit the most recent version of the documents with their offer. Offers that do not include the most recent version of attachments will not be accepted. A. Solicitation Requirements and Informational Documents - Found in FBO and eOffer as part of the solicitation package. o Consolidation Determination - The senior procurement executive determination that MAS consolidation is necessary and justified as the benefits substantially exceed the benefits that would be derived from alternative approaches. -This attachment is included in accordance with GSAM 507.107-5 and will only be published with the initial solicitation, the document will not be attached to any subsequent refreshes to the solicitation. o Available Offerings Summary o Category Attachments (1 attachment for each large category) - Listing of Special Item Numbers, relevant NAICS and corresponding SIN information. Unique category evaluation criteria or terms and conditions are included in the category attachments. o IBR Full Text Clauses Document B. Required Offer Documents found at ‘MAS Scope and Templates’ GSA.gov page (www.gsa.gov/masscopeandtemplates) o Price Proposal Template (excel format only) - The price proposal is a mandatory offer document. For ease of use, we have divided the price proposal into relevant offering categories. You only need to fill out the price proposal template or templates relevant to your offerings. Each attachment can be found on the ‘MAS Scope and Templates’ GSA.gov page. a) Products b) Services and Training c) Travel d) Transportation and Logistics Services o CSP-1 (not applicable to TDR) C. Incorporated by Reference - Found on the GSA.gov ‘MAS Scope and Templates’ page (www.gsa.gov/masscopeandtemplates) o Wage Determinations are applicable to services that fall under the Service Contract Labor Standards Act. These wage determinations are incorporated by reference into your Schedule contract at the time of award. Wage determinations are updated annually on Schedule contracts via a mass modification. a. Standard Wage Determinations b. Non-Standard Wage Determinations c. Unpublished Wage Determinations D. Required as Applicable Offer Documents - These documents require action on the part of the offeror. Some documents are completed directly in eOffer and others are completed offline and uploaded into eOffer prior to offer submission. Requirements are set forth in SCP-FSS-001 and in each large category attachment. Templates that can be filled out and completed within the eOffer System (if applicable): o Service Contract Labor Standards (SCLS) also known as the Service Contract Act (SCA) labor 47QSMD20R0001 Refresh: 0017 Section IV. List of Attachments Page: 141 of 143 157 matrix - Required for SCLS applicable offers. o Subcontracting Plan - Required for other than small businesses. Information is completed in eOffer, but a copy must be downloaded, signed and also attached to eOffer. Template can be found on the GSA.gov ‘MAS Scope and Templates’ page (www.gsa.gov/masscopeandtemplates) Templates provided on the GSA.gov ‘MAS Scope and Templates’ page (www.gsa.gov/masscopeandtemplates) o Letter of Supply - required if you are providing products that you do not manufacture o Agent Authorization Letter E. Category Specific Attachments and Templates - Depending on the products or services your company would like to offer, additional attachments may be required as part of your offer submission. Large categories, subcategories and SINs that require submission of additional attachments with your offer are outlined in the large category attachments. All category specific attachments, templates and additional requirements can be found on the ‘MAS Scope and Templates’ page (www.gsa.gov/masscopeandtemplates). 47QSMD20R0001 Refresh: 0017 Section IV. List of Attachments Page: 142 of 143 158 47QSMD20R0001 Refresh: 0017 Section IV. List of Attachments Page: 143 of 143 159 GENERAL SERVICES ADMINISTRATION Federal Aquisition Service Authorized Federal Supply Schedule FSS Price List Online access to contract ordering information, terms and conditions, pricing, and the option to create an electronic delivery order are available through GSA Advantage!®. The website for GSA Advantage!® is: https://www.GSAAdvantage.gov. Schedule Title: Multiple Award Schedule (MAS) FSC Group: Security & Protection/Industrial Products & Services/Transportation & Logistics Services FSC/PSC Code: 5820/4240/2540/6260 Contract Number: GS-07F-0031W Contract Period: October 5, 2009 – October 4, 2024 For more information on ordering go to the following website: https://www.gsa.gov/schedules. MILLENIUM PRODUCTS, INCORPORATED 621 Monte Cristo Blvd. St. Petersburg, FL 33715 Phone Number: 888-901-7430 Fax Number: 801-469-7778 www.milleniumproducts.net Contact for contract administration: Lori Hipskind (gsa@milleniumproducts.net) Zack Bryan (info@milleniumproducts.net) Business size: Small Business Current as of Modification Number PS-0108, effective September 21, 2023 Prices Shown Herein are Net (discount deducted) 160 GS-07F-0031W Page 2 of 4 CUSTOMER INFORMATION 1a. Table of awarded Special Item Numbers (SINs): SIN # SIN Title 334220 Surveillance Systems, Wearable Body Cameras, and Vehicular Video ANCILLARY Ancillary Supplies and Services OLM Order-Level Materials (OLM) 3361 Law Enforcement and Fire Fighting Vehicles and Attachments 3361V Vocational Vehicles 335999 Power Distribution Equipment and Solar Energy Solutions 1b. Identification of the lowest priced service for each special item number awarded in the contract. SIN # Model Price 334220 AC Conduit run by the foot $18.15 335999 Engine Block Heater $133.22 ANCILLARY Mobile ALPR Cigarette Power Cable $302.27 1c. If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles, experience, functional responsibility and education for those types of employees or subcontractors who will perform services shall be provided. If hourly rates are not applicable, indicate “Not applicable” for this item. Not applicable 2. Maximum order for each SIN: SIN# MAXIMUM ORDER* 334220 $ 250,000 ANCILLARY $ 250,000 OLM $ 250,000 3361 $2,000,000 3361V 335999 $2,000,000 $ 250,000 *If the best value selection places your order over the Maximum Order identified in this catalog/pricelist, you have an opportunity to obtain a better schedule contract price. Before placing your order, contact the aforementioned contractor for a better price. The contractor may (1) offer a new price for this requirement (2) offer the lowest price available under this contract or (3) decline the order. A delivery order that exceeds the maximum order may be placed under the schedule contract in accordance with FAR 8.404. 3. Minimum order: $100 161 GS-07F-0031W Page 3 of 4 4. Geographic coverage (delivery area): Domestic, 50 States, Washington D.C., Puerto Rico, US Territories and to CONUS port or consolidation point for orders received from overseas activities 5. Point(s) of production: Wanco, Arvada, Jefferson County, CO; Vetted Security Solutions, Pinellas County, FL; Vigilant Solutions, Alameda County, CA; Aviglion, Plano, Dallas County, TX 6. Discount from list prices or statement of net price: Net price (discounts applied) 7. Quantity discounts: None 8. Prompt payment terms: Net 30 Days. Information for Ordering Offices: Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions. 9. Foreign items: None 10a. Time of delivery: 30 Days ARO except Vigilant ILP items (60 Days ARO) Wanco, Inc. items (45 days ARO) 10b. Expedited delivery: Items available for expedited delivery - Contact Contractor 10c. Overnight and 2-day delivery: Not applicable 10d. Urgent requirements: See clause I-FSS-1 40-B “Urgent Requirements”. Agencies are advised to Contact Millenium’s representative (888-901-7430) to arrange for faster delivery when required 11. F.O.B. point(s): Origin 12a. Ordering address(es): Millenium Products, Inc. 621 Monte Cristo Blvd. St. Petersburg, FL 33715 12b. Ordering procedures: See Federal Acquisition Regulation (FAR) 8.405-3. 13. Payment address: Millenium Products, Inc. 4185 35th St. N. Petersburg, FL 33714 14. Warranty provision: Returns within 30 days. Prior approval required - 10% fee, freight paid by customer. 15. Export packing charges: Not applicable 16. Terms and conditions of rental, maintenance, and repair: Not applicable 17. Terms and conditions of installation: Not applicable 18a. Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices: Not applicable 18b. Terms and conditions for any other services: Not applicable 19. List of service and distribution points: Not applicable 20. List of participating dealers: Not applicable 21. Preventative maintenance: Not applicable 162 GS-07F-0031W Page 4 of 4 22a. Special attributes such as environmental attributes: Not applicable 22b. Section 508 compliance: Not applicable 23. Unique Entity Identifier (UEI) number: H1HSJPFM78R5 24. Notification regarding registration in the System for Award Management (SAM) database. Millenium Products, Inc. is registered and active in SAM, CAGE Code: 3DNW8 163 GENERAL SERVICES ADMINISTRATION Federal Acquisition Service Authorized Federal Supply Schedule FSS Price List Online access to contract ordering information, terms and conditions, pricing, and the option to create an electronic delivery order are available through GSA Advantage!®. The website for GSA Advantage!® is: https://www.GSAAdvantage.gov. Schedule Title: Multiple Award Schedule (MAS) FSC Group: •Security & Protection/Industrial Products & Services/Transportation & Logistics Services FSC/PSC Code: 5820/4240/2540/6260 •Furniture & Furnishings, Industrial Products & Services FSC/PSC Code: 9905, 4240 Contract Number: GS-07F-0031W Contract Period: October 5, 2009 – October 4, 2024 For more information on ordering go to the following website: https://www.gsa.gov/schedules. MILLENIUM PRODUCTS, INCORPORATED 621 Monte Cristo Blvd. St. Petersburg, FL 33715 Phone Number: 888-901-7430 Fax Number: 801-469-7778 www.milleniumproducts.net Contact for contract administration: Lori Hipskind (gsa@milleniumproducts.net) Zack Bryan (info@milleniumproducts.net) Business size: Small Business Current as of Modification Number PS-0109, effective Prices Shown Herein are Net (discount deducted) 164 GS-07F-0031W Page 2 of 5 CUSTOMER INFORMATION 1a. Table of awarded Special Item Numbers (SINs): SIN # SIN Title 334220 Surveillance Systems, Wearable Body Cameras, and Vehicular Video 3361 Law Enforcement and Fire Fighting Vehicles and Attachments 3361V Vocational Vehicles 335999 Power Distribution Equipment and Solar Energy Solutions 339950 Signs 339999S Safety Zone Products ANCILLARY Ancillary Supplies and Services OLM Order-Level Materials (OLM) 1b. Identification of the lowest priced service for each special item number awarded in the contract. SIN # Model Price 334220 AC Conduit run by the foot $18.15 335999 Engine Block Heater $133.22 339950 WAN-ADDLCORD $6.38 ANCILLARY Mobile ALPR Cigarette Power Cable $302.27 1c. If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles, experience, functional responsibility and education for those types of employees or subcontractors who will perform services shall be provided. If hourly rates are not applicable, indicate “Not applicable” for this item. Not applicable 2. Maximum order for each SIN: SIN# MAXIMUM ORDER* 334220 $ 250,000 3361 $2,000,000 3361V $2,000,000 335999 $ 250,000 339950 $ 250,000 339999S $ 250,000 ANCILLARY $ 250,000 OLM $ 250,000 *If the best value selection places your order over the Maximum Order identified in this catalog/pricelist, you have an opportunity to obtain a better schedule contract price. Before placing your order, contact the aforementioned contractor for a better price. The contractor may (1) offer a new price for this requirement (2) offer the lowest price available under this contract or (3) decline the order. A delivery order that exceeds the maximum order may be placed under the schedule contract in accordance with FAR 8.404. 3. Minimum order: $100 165 GS-07F-0031W Page 3 of 5 4. Geographic coverage (delivery area): Domestic, 50 States, Washington D.C., Puerto Rico, US Territories and to CONUS port or consolidation point for orders received from overseas activities 5. Point(s) of production: Wanco, Arvada, Jefferson County, CO; John Thomas, Dixon, Lee County, IL; Vetted Security Solutions, St. Petersburg, Pinellas County, FL; Vigilant Solutions, Alameda County, CA; Aviglion,Plano, Dallas County, TX 6. Discount from list prices or statement of net price: Net price (discounts applied) 7. Quantity discounts: None 8. Prompt payment terms: Net 30 Days. Information for Ordering Offices: Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions. 9. Foreign items: None 10a. Time of delivery: 60 Days ARO except 10b. Expedited delivery: Items available for expedited delivery - Contact Contractor 10c. Overnight and 2-day delivery: Not applicable 10d. Urgent requirements: See clause I-FSS-1 40-B “Urgent Requirements”. Agencies are advised to Contact Millenium’s representative (888-901-7430) to arrange for faster delivery when required 11. F.O.B. point(s): Origin 12a. Ordering address(es): Millenium Products, Inc. 621 Monte Cristo Blvd. St. Petersburg, FL 33715 12b. Ordering procedures: See Federal Acquisition Regulation(FAR) 8.405-3. 13. Payment address: Millenium Products, Inc. 4185 35th St. N. Petersburg, FL 33714 14. Warranty provision: Returns within 30 days. Prior approval required - 10% fee, freight paid by customer. 15. Export packing charges: Not applicable 16. Terms and conditions of rental, maintenance, and repair: Not applicable 17. Terms and conditions of installation: Not applicable 18a. Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices: Not applicable 18b. Terms and conditions for any other services: Not applicable 19. List of service and distribution points: Not applicable 20. List of participating dealers: Not applicable 21. Preventative maintenance: Not applicable 166 GS-07F-0031W Page 4 of 5 22a. Special attributes such as environmental attributes: Not applicable 22b. Section 508 compliance: Not applicable 23. Unique Entity Identifier (UEI) number: H1HSJPFM78R5 24. Notification regarding registration in the System for Award Management (SAM) database. Millenium Products, Inc. is registered and active in SAM, CAGE Code: 3DNW8 TRAINING: MIL-TR1: Equipment Training: Training 1- one 8 hour Day On-Site Training within 300 Miles (maximum) of St. Petersburg, FL………….. $1,655.82/Day VSS-EQTR: End User Training........................ $1,632.25 167 Page 5 SIN/SIN(s) PROPOSED MANUFACTURER NAME VENDOR PART NO (if applicable)PRODUCT NAME DISCOUNT PRICE OFFERED TO GSA (including IFF) 334220 HIPERWALL HWP-M Hiperwall Premium Suite Maintenance Lic 2,021.54$ 334220 HIPERWALL HWOSS Hiperwall OnSite Services 2,307.70$ 334220 HIPERWALL HWC-M HiperController Maintenance License 418.46$ 334220 HIPERWALL HVUHD-M HiperView UHD Maintenance License 556.93$ 334220 HIPERWALL HV-U HVHD to HVUHD 1,044.61$ 334220 HIPERWALL HVLED-M HiperView LED Maintenance License 349.23$ 334220 HIPERWALL HVHD-M HiperView HD Maintenance License 349.23$ 334220 HIPERWALL HS-M HiperSource Maintenance License 278.46$ 334220 HIPERWALL HSC-M HiperInterface Maintenance License 349.23$ 334220 HIPERWALL HRT Hiperwall Remote Support 503.75$ 334220 HIPERWALL HO-M HiperOperator Maintenance License 349.23$ 334220 HIPERWALL HLC-M HiperLayout Maintenance License 349.23$ 334220 HIPERWALL HFS-M HiperFailSafe Maintenance License 696.92$ 334220 HIPERWALL HC-M HiperCast Maintenance License 349.23$ 334220 HIPERWALL HCC-M HiperKVM Maintenance License 349.23$ 334220 HIPERWALL HAC-M HiperAccess Maintenance License 349.23$ 334220 Wanco WVTMM-M-PD Public Safety Metro Matrix Message Sign 16,400.08$ 334220 Wanco WVTMM-L-PD Public Safety Metro Matrix Message Sign 17,733.42$ 334220 Wanco WVTMC-PD Camera and Mini Matrix Message Board 29,561.71$ 334220 Wanco WVTM-A-PD Public Safety Mini Matrix Message Board 20,000.10$ 334220 Wanco WVTM-5C-PD Public Safety 5-Color Matrix Message Bd 33,326.83$ 334220 Wanco WVT3-A-PD Public Safety Three Line Message Board 19,333.43$ 334220 Wanco WTMMBC-PD Camera and Full Matrix Message Board 29,924.42$ 334220 Wanco WTMMB-A-PD Public Safety Full Matrix Message Board 21,401.26$ 335999 WANCO, INC.WSP25-RHINO RHINO 20kW LED Light Tower 34,762.68$ 334220 Wanco WSDT3-S-PD Public Safety Radar Speed Trailer 8,533.37$ 335999 WANCO, INC.WLTS-SM4A-730 Solar LED Light Tower Small 730W 14,904.77$ 335999 WANCO, INC.WLTS-SM4A Solar LED Light Tower Small 600W 13,327.00$ 335999 WANCO, INC.WLTS-MM4A-600 Solar LED Light Tower Med 600W 16,110.66$ 335999 WANCO, INC.WLTS-MM4A-1050 Solar LED Light Tower Med 1050W 19,573.44$ 335999 WANCO, INC.WLT-4MM6KVL Light Tower Vertical Mast-M 6kW 11,897.78$ 335999 WANCO, INC.WLT-4MM6K Light Tower Trailer-Mitsubishi 6 kW 10,718.46$ 335999 WANCO, INC.WLT-4MK8KVL Light Tower Vertical Mast-Kubota 7.5kW 12,321.35$ 335999 WANCO, INC.WLT-4MK8K WANCO Mobile Lt Tower-Kubota engine-8kw 11,306.80$ 335999 WANCO, INC.WLT-4MK6KVL Light Tower Vertical Mast-Kubota 6kW 12,140.66$ 335999 WANCO, INC.WLT-4MK6K Light Tower Trailer-Diesel Kubota 6kW11 11,005.00$ 334220 Avigilon WLMT-1001 Wall Mount for large pendant camera 98.68$ 334220 Wanco WCTSM-SLR-260-390 Upgrade 390 Watt Solar 434.20$ 334220 Wanco WCTSM-PVS-SLR Upgrade Tilting Solar for PVS 7,405.13$ 334220 Wanco WCTSM-JUNCTIONBOX Junction Box with 8 Contact Closure 603.05$ 334220 Wanco WCTSM-BLUELIGHT Blue Flashing Warning Light w/J-Box 1,127.71$ 334220 Wanco WCTS2 Camera Trailer Solar Surveillance 35,049.26$ 334220 Wanco WCT-BS-1NCX-06A Security Camera Trailer-1 Camera-Solar 47,551.70$ 334220 Wanco WCT-B4S Security Camera Trailer-2 Cameras-Solar 53,428.04$ 335999 WANCO, INC.WCLT-4MM6K Light Tower Compact Vertical Mast-M 6kW 10,889.70$ 335999 WANCO, INC.WCLT-4MK8K Light Tower Compact Vertical Mast-Ku7.5k 11,450.29$ 335999 WANCO, INC.WCLT-4MK6K Light Tower Compact Vertical Mast-Ku 6kW 11,213.21$ 334220 Wanco WANVMS-SLR260-TR Solar Upgrade 260W with Tilt & Rotate 2,204.03$ 334220 Wanco WANVMS-SLR260-MINI Solar Upgrade 260W 1,385.39$ 334220 Wanco WANVMS-SLR260-FULL-TR Solar Upgrade 260W w Tilt & Rotate, FULL 1,857.67$ 334220 Wanco WANVMS-SLR260-FULL Solar Upgrade 260W, FULL 1,026.45$ 334220 Wanco WANVMS-SLR170-TR Solar Upgrade 170W with Tilt & Rotate 1,492.43$ 334220 Wanco WANVMS-SLR170-MINI Solar Upgrade 170W 667.51$ 334220 Wanco WANVMS-SLR170-FULL-TR Solar Upgrade 170W w Tilt & Rotate, FULL 1,133.50$ 168 Page 6 SIN/SIN(s) PROPOSED MANUFACTURER NAME VENDOR PART NO (if applicable)PRODUCT NAME DISCOUNT PRICE OFFERED TO GSA (including IFF) 334220 Wanco WANVMS-SLR170-FULL Solar Upgrade 170W, FULL 314.86$ 334220 Wanco WANVMS-SLR130-MINI Solar Upgrade 130W 352.63$ 334220 Wanco WAN-TRAFDATA Traffic Data Option Message Boards 2,296.59$ 334220 Wanco WAN-SUPP Cellular Connection Support 314.86$ 334220 Wanco WAN-RVMS-PD Remote Video Monitoring for Message Sign 12,342.57$ 334220 Wanco WANRST-TRAFDATA-P Traffic Data Premium-Modem-170W 5,183.75$ 334220 Wanco WANRST-SLR200 Solar Upgrade 200W 1,070.53$ 334220 Wanco WANRST-SLR170 Solar Upgrade 170W 818.64$ 334220 Wanco WANRST-SLR130 Solar Upgrade 130W 503.77$ 334220 Wanco WANRST-PREMCEL Premium Cellular Service 250 MB 479.00$ 334220 Wanco WANRST-MODEM Modem with GPS - No Service 1,443.58$ 334220 Wanco WANRST-ICC ICC Touchscreen Controller 656.17$ 334220 Wanco WANRST-FLSH Extreme Speed Flashing Strobes 229.65$ 334220 Wanco WANRST-BATT3 Battery Upgrade RST3 3-AGM with Locks 1,763.22$ 334220 Wanco WANRST-BATT2 Battery Upgrade RST2 2-AGM with Locks 982.37$ 334220 Wanco WANRST-BATT1 Battery Upgrade RST1 4 6VDC 314.86$ 334220 Wanco WANRST-7PINHARN 7-Pin Trailer Wiring Harness Tail Lights 264.48$ 334220 Wanco WANRST-3036REG 30x36 Regulatory Sign 125.93$ 334220 Wanco WAN-RADAR Radar Option Message Boards 1,181.11$ 334220 Wanco WAN-MODEM Public Modem Option Message Boards 1,443.58$ 335999 WANCO, INC.WANLT-WIDE Wide Body with Inside Storage 1,784.33$ 335999 WANCO, INC.WANLT-WARNBCN Warning Caution Beacon-LTL 515.56$ 334220 Wanco WANLTV-ELEC Electric Winch Tower Lift-VLT 656.17$ 335999 WANCO, INC.WANLT-TORAXL Torsion Axle Upgrade 376.39$ 334220 Wanco WANLTSM-EXBATT Double Battery Capacity Med Solar 3,608.94$ 334220 Wanco WANLTSM-ELEC Electric Winch Tower Lift Med Solar 721.78$ 334220 Wanco WANLTSM-100W Replace 50W with 100W LED Med Solar 2,611.56$ 334220 Wanco WANLTS-HITCH-LUN Lunette Ring for 2.5-in Pintle Hitch 85.30$ 334220 Wanco WANLTS-FOLDDR Fold-up Drawbar 426.51$ 335999 WANCO, INC.WANLTS-ELECTLIFT One Electric Power Tower Lift 880.58$ 335999 WANCO, INC.WANLTS-DUAL100 Dual 100W LED Lights 2,463.02$ 335999 WANCO, INC.WANLTS-BATTBXADDL Add Second Battery Box/4Batt/3500 Axle 3,414.40$ 334220 Wanco WANLTS-ADDLLED Additional 2ea 50W Light Fixtures 1,312.34$ 335999 WANCO, INC.WANLTS-4ADDL Add 4 Light Fixtures-LTS 3,152.72$ 335999 WANCO, INC.WANLT-PASHUTOFF Positive Air Shutoff 2,295.04$ 335999 WANCO, INC.WANLT-OILPANHTR Oil Pan Heater 249.17$ 335999 WANCO, INC.WANLT-OFFRD-D Off Road Trailer Std 955.79$ 335999 WANCO, INC.WANLT-LED320W LED Lights Upgrade 350 Watt 1,963.99$ 335999 WANCO, INC.WANLT-LED LED Lights Upgrade on 4MH 3,327.60$ 334220 Wanco WANLTL-AUTOSS Auto Start/Stop Controller Long Run 2,093.18$ 335999 WANCO, INC.WANLT-HYDLIFT Hydraulic Lift Vertical & Compact 1,460.31$ 335999 WANCO, INC.WANLT-EXTR Extended Run Fuel Tank Kit 1,744.14$ 335999 WANCO, INC.WANLT-EXTCLFAN External Clutch Fan 1,175.69$ 335999 WANCO, INC.WANLT-ESHUTOFF Emergency E-Stop Button-LTL 475.04$ 335999 WANCO, INC.WANLT-ENGBLKHTR Engine Block Heater 133.22$ 335999 WANCO, INC.WANLT-ELECWINCH-S Single Electric Winch-Vertical & Compact 880.44$ 335999 WANCO, INC.WANLT-ELECWINCH Electric Winch for Mast 1,570.60$ 334220 Wanco WANLT-DUALEL Dual Electric Winch Tower Lift-LT 1,181.11$ 335999 WANCO, INC.WANLT-CONTMT Containment 3 Stage 1,609.86$ 335999 WANCO, INC.WANLT-COLDSTART Cold Start Aid Package-LTL 475.09$ 335999 WANCO, INC.WANLT-BATTBKT Battery Blanket 249.09$ 335999 WANCO, INC.WANLT-AUTOSTART Automatic Engine Start/Stop Kit 1,914.76$ 334220 Wanco WANLT-AUTOSS Auto Dusk/Dawn Start/Stop Engine Kit 2,093.18$ 335999 WANCO, INC.WANLT-240VTL 240V Twist Lock Receptacle 144.79$ 169 Page 7 SIN/SIN(s) PROPOSED MANUFACTURER NAME VENDOR PART NO (if applicable)PRODUCT NAME DISCOUNT PRICE OFFERED TO GSA (including IFF) 334220 Wanco WANCTSM-MULTICAMS Multiple Camera Viewing Software 1,273.96$ 334220 Wanco WANCTSM-HITCH3PNT Lunette Ring for 3-inch Pintle Hitch 189.59$ 334220 Wanco WANCTSM-7PIN 7 Pin Trailer Wiring Adapter (RV style)42.81$ 334220 Wanco WANCTS-COMMRTR2 Wireless Modem 4G 1,834.82$ 334220 Wanco WANCTS-COMMRTR1 Wireless Modem 1,467.85$ 334220 Wanco WANCT-MODEM-VER Modem Option 2,188.85$ 334220 Wanco WANCT-DLX29FT Security Camera Trailer Deluxe 29FT TWR 1,359.73$ 334220 Wanco WANCT-ADDLCAM Security Camera Trailer Addl Camera 7,241.99$ 334220 Wanco WAN-COLOR Custom Color Scheme 629.71$ 334220 Wanco WAN-CHGR Battery Charger - 45-amp 163.73$ 334220 Wanco WAN-BATT3-SEC Battery Upgrade 3 AGM with Locks 1,542.82$ 334220 Wanco WAN-BATT2-SEC Battery Upgrade 2 AGM with Locks 787.14$ 334220 Wanco WAN-BATT2 Battery Upgrade 2 3-AGM 1,215.36$ 334220 Wanco WAN-BATT1-SEC Battery Upgrade 1 6-6VDC with Locks 787.14$ 334220 Wanco WAN-BATT1 Battery Upgrade 1 8-6VDC 944.58$ 334220 Vigilant Solutions VSS-VPS-PT-01 Parking Enforcement System Toolkit 987.35$ 334220 Vigilant Solutions VSS-VPS-PI-GEN Vigilant Parking Integration 1,184.89$ 334220 Vetted Security Solutions VSS-XL-MSG-VLT-PTZ Vetted LPR XL Message Trailer w/PTZ 62,743.71$ 334220 Vetted Security Solutions VSS-XL-MSG-VLT Vetted LPR XL Message Trailer 54,389.64$ 334220 Vetted Security Solutions VSS-WVTMM-LC Camera and Metro Matrix Message Board-BW 26,616.27$ 334220 Vetted Security Solutions VSS-WVTMC Camera and Mini Matrix Message Board-BW 28,522.65$ 334220 Vetted Security Solutions VSS-WTMMBC Camera and Full Matrix Message Board-BW 29,296.16$ 334220 Vetted Security Solutions VSS-WNC-DATA-CLSF Wanco Traffic Data Classifier Option 2,549.24$ 334220 Vetted Security Solutions VSS-WCTS-LP-4A-1500 Solar Surveillance Trailer 52,367.76$ 334220 Vetted Security Solutions VSS-WCTS2 Dual Camera Mini Trailer 41,527.06$ 334220 Vetted Security Solutions VSS-WCTS1 Single Camera Mini Trailer 34,641.02$ 334220 Vetted Security Solutions VSS-WCT-BS-1NCX-06A Single Camera CCTV Trailer 56,340.20$ 334220 Vetted Security Solutions VSS-WCT-2LPR WCT Add dual LPR cameras 1,360.20$ 334220 Vetted Security Solutions VSS-VVT-51-100-5 Vetted Virtual Technician 51-100 5YR 100,000.00$ 334220 Vetted Security Solutions VSS-VVT-51-100-3 Vetted Virtual Technician 51-100 3YR 62,500.00$ 334220 Vetted Security Solutions VSS-VVT-51-100-1 Vetted Virtual Technician 51-100 1YR 25,000.00$ 334220 Vetted Security Solutions VSS-VVT-501-1000-5 Vetted Virtual Technician 501-1000 5YR 400,000.00$ 334220 Vetted Security Solutions VSS-VVT-501-1000-3 Vetted Virtual Technician 501-1000 3YR 250,000.00$ 334220 Vetted Security Solutions VSS-VVT-501-1000-1 Vetted Virtual Technician 501-1000 1YR 100,000.00$ 334220 Vetted Security Solutions VSS-VVT-26-50-5 Vetted Virtual Technician 26-50 5YR 70,000.00$ 334220 Vetted Security Solutions VSS-VVT-26-50-3 Vetted Virtual Technician 26-50 3YR 43,750.01$ 334220 Vetted Security Solutions VSS-VVT-26-50-1 Vetted Virtual Technician 26-50 1YR 17,500.00$ 334220 Vetted Security Solutions VSS-VVT-251-500-5 Vetted Virtual Technician 251-500 5YR 300,000.00$ 334220 Vetted Security Solutions VSS-VVT-251-500-3 Vetted Virtual Technician 251-500 3YR 187,500.00$ 334220 Vetted Security Solutions VSS-VVT-251-500-1 Vetted Virtual Technician 251-500 1YR 75,000.00$ 334220 Vetted Security Solutions VSS-VVT-11-25-5 Vetted Virtual Technician 11-25 5YR 40,000.00$ 334220 Vetted Security Solutions VSS-VVT-11-25-3 Vetted Virtual Technician 11-25 3YR 25,000.00$ 334220 Vetted Security Solutions VSS-VVT-11-25-1 Vetted Virtual Technician 11-25 1YR 10,000.00$ 334220 Vetted Security Solutions VSS-VVT-1-10-5 Vetted Virtual Technician 1-10 5YR 30,000.00$ 334220 Vetted Security Solutions VSS-VVT-1-10-3 Vetted Virtual Technician 1-10 3YR 18,750.01$ 334220 Vetted Security Solutions VSS-VVT-1-10-1 Vetted Virtual Technician 1-10 1YR 7,500.00$ 334220 Vetted Security Solutions VSS-VVT-101-250-5 Vetted Virtual Technician 101-250 5YR 200,000.00$ 334220 Vetted Security Solutions VSS-VVT-101-250-3 Vetted Virtual Technician 101-250 3YR 125,000.00$ 334220 Vetted Security Solutions VSS-VVT-101-250-1 Vetted Virtual Technician 101-250 1YR 50,000.00$ 334220 Vetted Security Solutions VSSVMS-VIDEO Remote Video Package 12,729.52$ 334220 Vetted Security Solutions VSSVMS-TRAFCAM Traffic Safety Camera 7,613.35$ 334220 Vetted Security Solutions VSSVMS-SLR50 Additional Solar 50 Watt 243.62$ 334220 Vetted Security Solutions VSSVMS-SLR100 Additional Solar 100 Watt 462.88$ 334220 Vetted Security Solutions VSSVMS-MODEM Remote Video Modem 1,335.45$ 170 Page 8 SIN/SIN(s) PROPOSED MANUFACTURER NAME VENDOR PART NO (if applicable)PRODUCT NAME DISCOUNT PRICE OFFERED TO GSA (including IFF) 334220 Vetted Security Solutions VSS-VMS-LPR 2 Camera ALPR Message Board Trailer 49,329.97$ 334220 Vetted Security Solutions VSSVMS-ADDLFL Additional Flooded Battery 444.61$ 334220 Vetted Security Solutions VSSVMS-ADDLAGM Additional AGM Battery 761.33$ 334220 Vetted Security Solutions VSS-TRL-KIT-LPR-FULL 2 Camera ALPR Complete Trailer Kit 25,642.32$ 334220 Vetted Security Solutions VSS-TRL-KIT-LPR 2 Camera ALPR Trailer Kit (no power sys)24,433.25$ 334220 Vetted Security Solutions VSS-TR End User Training-LPR 1,511.34$ 334220 Vetted Security Solutions VSS-STD-SPD-VLT-S LPR Radar Speed Trailer - 3 Years 41,541.42$ 334220 Vetted Security Solutions VSS-STD-SPD-VLT-PL LPR Radar Speed Trailer - 5 Years 45,741.43$ 334220 Vetted Security Solutions VSS-STD-SPD-VLT-LR Vetted Long Run LPR Speed Trailer 45,234.17$ 334220 Vetted Security Solutions VSS-STD-SPD-VLT-G LPR Radar Speed Trailer - 4 Years 43,641.42$ 334220 Vetted Security Solutions VSS-STD-SPD-VLT Vetted Standard LPR Speed Trailer 31,473.60$ 334220 Vetted Security Solutions VSS-STD-MSG-VLT Vetted LPR STD Message Trailer 47,067.21$ 334220 Vetted Security Solutions VSS-SS-TRL-LPR 2 Camera ALPR Speed Self Sustain Trailer 47,304.79$ 334220 Vetted Security Solutions VSS-SPD-TRL-LPR 2 Camera ALPR Speed Trailer 42,821.16$ 334220 Vetted Security Solutions VSS-SPD-SGN-26 Upgrade (LITE) Metal Speed 26"6,555.19$ 334220 Vetted Security Solutions VSS-SPD-SGN-13 Upgrade (Standard) Metal Speed 13"5,462.66$ 334220 Vetted Security Solutions VSS-SOLAR-POLE-16FT 16.6-ft Pole, D 4.5”x.237 Alum. Tube BA 1,039.89$ 334220 Vetted Security Solutions VSS-SOLAR-MAIN-D-TM Vetted Fixed Solar Dual Panel Enclosure 11,129.61$ 334220 Vetted Security Solutions VSS-SL License: Fixed or Mobile LPR System 881.61$ 334220 Vetted Security Solutions VSS-SHU-251-500-5 Sensor Health Utility for 251-500 5y 300,961.21$ 334220 Vetted Security Solutions VSS-SHU-1-25-3 Sensor Health Utility for 1-25 3y 25,188.72$ 334220 Vetted Security Solutions VSS-RTCC-WS RTCC Workstation Standard 4,333.50$ 334220 Vetted Security Solutions VSS-RTCC-WP RTCC Workstation Premium 17,453.80$ 334220 Vetted Security Solutions VSS-RTCC-WE RTCC Workstation Extended 4,635.76$ 334220 Vetted Security Solutions VSS-RTCC-WALLM-65 RTCC Wall Monitor 65-in TV 1,410.58$ 334220 Vetted Security Solutions VSS-RTCC-WALLM-46 RTCC Wall Monitor 46-in TV 755.67$ 334220 Vetted Security Solutions VSS-RTCC-SIDE RTCC Side Area Seating 1,701.76$ 334220 Vetted Security Solutions VSS-RTCC-INST1 RTCC Install 1 Region 1 Standard Day 2,572.29$ 334220 Vetted Security Solutions VSS-RTCC-GLASSWK-STD RTCC Standard Glasswork 14,404.84$ 334220 Vetted Security Solutions VSS-RTCC-FLR-STD RTCC Flooring Standard 5,144.58$ 334220 Vetted Security Solutions VSS-RTCC-CON8 RTCC Conference 8 8,438.24$ 334220 Vetted Security Solutions VSS-RTCC-B2 Real Time Crime Center (RTCC) Base 2 21,565.07$ 334220 Vetted Security Solutions VSS-RTCC-B1 Real Time Crime Center (RTCC) Base 123,431.74$ 334220 Vetted Security Solutions VSS-RTCC-AV-USB-BRIDGE RTCC AV PoE Bridge AV to USB 1,161.64$ 334220 Vetted Security Solutions VSS-RTCC-AV-UCORE RTCC AV Unified Core w/24 Local Audio IO 2,271.78$ 334220 Vetted Security Solutions VSS-RTCC-AV-TOUCH-W RTCC AV System PoE Touch Controller-Wall 1,047.44$ 334220 Vetted Security Solutions VSS-RTCC-AV-TOUCH-T RTCC AV System Touch Panel Table Top 1,235.73$ 334220 Vetted Security Solutions VSS-RTCC-AV-ENARROW-VW RTCC AV Video Wall Extreme Narrow Bezel 3,643.40$ 334220 Vetted Security Solutions VSS-RTCC-AV-CONCAM RTCC AV Conference Camera 2,789.39$ 334220 Vetted Security Solutions VSS-ROI-07 Vetted Installation Technician (Per Hour)125.00$ 334220 Vetted Security Solutions VSS-ROI-06 Three Man Hourly Rate 375.00$ 334220 Vetted Security Solutions VSS-ROI-05 Rate For Subcontracted Services Per Encl 592.41$ 334220 Vetted Security Solutions VSS-ROI-04 Fixed LPR Installation Per Pole 2,310.40$ 334220 Vetted Security Solutions VSS-ROI-03 After Hours Installation Per Hour 222.16$ 334220 Vetted Security Solutions VSS-ROI-02 Hourly Rate For Bucket Truck or Lift Per 473.92$ 334220 Vetted Security Solutions VSS-ROI-01 Two Man Hourly Rate 148.10$ 334220 Vetted Security Solutions VSS-PTZ-2 Dual PTZ Camera Enclosure 11,077.08$ 334220 Vetted Security Solutions VSS-PTZ-1 Single PTZ Camera Enclosure 7,879.09$ 334220 Vetted Security Solutions VSS-PROJSTAR Project STAR 2 Camera LPR Package 7,556.68$ 334220 Vetted Security Solutions VSS-PPU-TOPM-2 Dual Panel Top of Pole Mount for PPU-3-1,182.84$ 334220 Vetted Security Solutions VSS-PPU-TOPM-1 Single Panel Top of Pole Mount for PPU-985.37$ 334220 Vetted Security Solutions VSS-PPU-SOPM-2 Dual Panel Side of Pole Mount for PPU-3 1,084.11$ 334220 Vetted Security Solutions VSS-PPU-SOPM-1 Single Panel Side of Pole Mount for PPU 590.44$ 334220 Vetted Security Solutions VSS-PPU-SERVER PPU Management Server 19,747.00$ 171 Page 9 SIN/SIN(s) PROPOSED MANUFACTURER NAME VENDOR PART NO (if applicable)PRODUCT NAME DISCOUNT PRICE OFFERED TO GSA (including IFF) 334220 Vetted Security Solutions VSS-PPU-POE-60 Hardened PoE Switch 802.3af-at 60W PoE 1,481.03$ 334220 Vetted Security Solutions VSS-PPU-POE Hardened PoE Switch 802.3af-at 30W PoE 987.35$ 334220 Vetted Security Solutions VSS-PPU-LTE Hardened LTE Router 1,481.03$ 334220 Vetted Security Solutions VSS-PPU-INV 120VAC DC to AC inverter 987.35$ 334220 Vetted Security Solutions VSS-PPU-BAT Spare or Replacement 104 A-H AGM Batter 740.51$ 334220 Vetted Security Solutions VSS-PPU-AUD Audio Observation with Analytics includ 2,071.46$ 334220 Vetted Security Solutions VSS-PPU-4-SOLAR 12V - Four Battery - Dual Panel - Solar 15,787.73$ 334220 Vetted Security Solutions VSS-PPU-3-SOLAR 12V - Three Battery - Dual Panel - Sola 14,800.37$ 334220 Vetted Security Solutions VSS-PPU-2-SOLAR 24V - Dual Battery - Single Panel - Sol 7,888.93$ 334220 Vetted Security Solutions VSS-PPU-2-HP 24V - Dual Battery - Timed AC - Outdoor 7,493.98$ 334220 Vetted Security Solutions VSS-PPU-1-LC 12V - Single Battery - Timed AC - Outdo 6,901.57$ 334220 Vetted Security Solutions VSS-PPU-1 12V - Single Battery - Timed AC - Outdo 5,914.23$ 334220 Vetted Security Solutions VSS-OTL License: Hosted/Managed Account 1,284.63$ 334220 Vigilant Solutions VSS-SOLAR-COMMS-2 Vigilant Solar Communications Box - 2 Ca 18,512.82$ 334220 Vigilant Solutions VSS-SOLAR-COMMS-1 Vigilant Solar Communications Box - 1 Ca 12,341.87$ 334220 Vetted Security Solutions VSS-MSE-ADD Enclosure Multisensor Add On 3,012.59$ 334220 Vetted Security Solutions VSS-MSE Multisensor Enclosure 7,647.36$ 334220 Vetted Security Solutions VSS-MRC4-S Mobile LPR Kit -4 Cameras - 3 Years 32,258.18$ 334220 Vetted Security Solutions VSS-MRC4-PL Mobile LPR Kit -4 Cameras - 5 Years 40,658.19$ 334220 Vetted Security Solutions VSS-MRC4-MT 4 Cam Mobile Kit Mount HW 818.51$ 334220 Vetted Security Solutions VSS-MRC4-G Mobile LPR Kit -4 Cameras - 4 Years 36,458.18$ 334220 Vetted Security Solutions VSS-MRC4 Mobile LPR Kit with GPS Unit -4 Cameras 21,758.19$ 334220 Vetted Security Solutions VSS-MRC3-S Mobile LPR Kit -3 Cameras - 3 Years 26,600.43$ 334220 Vetted Security Solutions VSS-MRC3-PL Mobile LPR Kit -3 Cameras - 5 Years 32,900.43$ 334220 Vetted Security Solutions VSS-MRC3-MT 3 Cam Mobile Kit Mount HW 614.14$ 334220 Vetted Security Solutions VSS-MRC3-G Mobile LPR Kit -3 Cameras - 4 Years 29,750.44$ 334220 Vetted Security Solutions VSS-MRC3 Mobile LPR Kit with GPS Unit - 3 Cameras 18,725.44$ 334220 Vetted Security Solutions VSS-MRC2-S Mobile LPR Kit -2 Cameras - 3 Years 20,942.70$ 334220 Vetted Security Solutions VSS-MRC2-PL Mobile LPR Kit -2 Cameras - 5 Years 25,142.70$ 334220 Vetted Security Solutions VSS-MRC2-MT 2 Cam Mobile Kit Mount HW 408.77$ 334220 Vetted Security Solutions VSS-MRC2-G Mobile LPR Kit -2 Cameras - 4 Years 23,042.69$ 334220 Vetted Security Solutions VSS-MRC2 Mobile LPR Kit with GPS Unit -2 Cameras 15,692.70$ 334220 Vetted Security Solutions VSS-MRC1-MT 1 Cam Mobile Kit Mount HW 204.38$ 334220 Vetted Security Solutions VSS-MRC1 Mobile LPR Kit with GPS Unit -1 Camera 12,659.95$ 334220 Vetted Security Solutions VSS-MONBOX-D-F Vetted Dual Fixed CCTV Monitoring Box 6,551.87$ 334220 Vetted Security Solutions VSS-ML Mobile ALPR Installation 1,076.07$ 334220 Vetted Security Solutions VSS-MAG Camera Magnet Mount for Vehicle ALPR 303.53$ 334220 Vetted Security Solutions VSS-LTE-SPD-VLT Vetted LITE LPR Speed Trailer 28,205.80$ 334220 Vetted Security Solutions VSS-LPR-MAIN Vetted Fixed NEMA Enclosure 4,823.34$ 334220 Vetted Security Solutions VSS-L6Q-POLE-E 16-ft Pole, 2x8ea D 3 ½”x3/16 Alum. Tube 551.52$ 334220 Vetted Security Solutions VSS-L6Q-POLE-B 16-ft Pole, 2x8ea D 2.5x1/8 Alum. Tube 378.39$ 334220 Vetted Security Solutions VSS-L5F-ENC Vetted L5F Camera Enclosure 248.98$ ANCILLARY Vetted Security Solutions VSS-KIT-CAB Mobile ALPR Cigarette Power Cable 302.27$ 334220 Vetted Security Solutions VSS-IDP-COMFC-50-S IDP Commercial Data 50 3 Year 28,468.94$ 334220 Vetted Security Solutions VSS-IDP-COMFC-50-PL IDP Commercial Data 50 5 Year 47,442.88$ 334220 Vetted Security Solutions VSS-IDP-COMFC-50-G IDP Commercial Data 50 4 Year 37,956.44$ 334220 Vetted Security Solutions VSS-IDP-COMFC-500-S IDP Commercial Data 500 3 Year 113,362.73$ 334220 Vetted Security Solutions VSS-IDP-COMFC-500-PL IDP Commercial Data 500 5 Year 188,916.63$ 334220 Vetted Security Solutions VSS-IDP-COMFC-500-G IDP Commercial Data 500 4 Year 151,141.81$ 334220 Vetted Security Solutions VSS-IDP-COMFC-5000-S IDP Commercial Data 5000 3 Year 826,525.08$ 334220 Vetted Security Solutions VSS-IDP-COMFC-5000-PL IDP Commercial Data 5000 5 Year 1,377,386.82$ 334220 Vetted Security Solutions VSS-IDP-COMFC-5000-G IDP Commercial Data 5000 4 Year 1,101,971.45$ 334220 Vigilant Solutions VSS-IDP-COMFC-5000 IDP Commercial Data 5000 234,000.00$ 334220 Vigilant Solutions VSS-IDP-COMFC-500 Investigative Data Platform 500 34,060.00$ 172 Page 10 SIN/SIN(s) PROPOSED MANUFACTURER NAME VENDOR PART NO (if applicable)PRODUCT NAME DISCOUNT PRICE OFFERED TO GSA (including IFF) 334220 Vigilant Solutions VSS-IDP-COMFC-50 IDP Commercial Data 50 8,060.00$ 334220 Vetted Security Solutions VSS-IDP-COMFC-25-S IDP Commercial Data 25 3 Year 15,609.02$ 334220 Vetted Security Solutions VSS-IDP-COMFC-25-PL IDP Commercial Data 25 5 Year 26,012.12$ 334220 Vetted Security Solutions VSS-IDP-COMFC-25-G IDP Commercial Data 25 4 Year 20,810.87$ 334220 Vetted Security Solutions VSS-IDP-COMFC-2500-S Investigative Data Platform 2500 3 Year 432,676.99$ 334220 Vetted Security Solutions VSS-IDP-COMFC-2500-PL Investigative Data Platform 2500 5 Year 721,047.18$ 334220 Vetted Security Solutions VSS-IDP-COMFC-2500-G Investigative Data Platform 2500 4 Year 576,870.20$ 334220 Vigilant Solutions VSS-IDP-COMFC-2500 Investigative Data Platform 2500 130,000.00$ 334220 Vigilant Solutions VSS-IDP-COMFC-25 IDP Commercial Data 25 4,420.00$ 334220 Vetted Security Solutions VSS-IDP-COMFC-200-S IDP Commercial Data 200 3 Year 70,712.93$ 334220 Vetted Security Solutions VSS-IDP-COMFC-200-PL IDP Commercial Data 200 5 Year 117,841.61$ 334220 Vetted Security Solutions VSS-IDP-COMFC-200-G IDP Commercial Data 200 4 Year 94,278.60$ 334220 Vetted Security Solutions VSS-IDP-COMFC-2000-S IDP Commercial Data 2000 3 Year 346,139.43$ 334220 Vetted Security Solutions VSS-IDP-COMFC-2000-PL IDP Commercial Data 2000 5 Year 576,834.15$ 334220 Vetted Security Solutions VSS-IDP-COMFC-2000-G IDP Commercial Data 2000 4 Year 461,493.28$ 334220 Vigilant Solutions VSS-IDP-COMFC-2000 Investigative Data Platform 2000 103,994.79$ 334220 Vigilant Solutions VSS-IDP-COMFC-200 IDP Commercial Data 200 20,020.00$ 334220 Vetted Security Solutions VSS-IDP-COMFC-1500-S IDP Commercial Data 1500 3 Year 276,908.65$ 334220 Vetted Security Solutions VSS-IDP-COMFC-1500-PL IDP Commercial Data 1500 5 Year 461,462.50$ 334220 Vetted Security Solutions VSS-IDP-COMFC-1500-G IDP Commercial Data 1500 4 Year 369,190.77$ 334220 Vigilant Solutions VSS-IDP-COMFC-1500 Investigative Data Platform 1500 83,194.80$ 334220 Vetted Security Solutions VSS-IDP-COMFC-100-S IDP Commercial Data 100 3 Year 41,325.13$ 334220 Vetted Security Solutions VSS-IDP-COMFC-100-PL IDP Commercial Data 100 5 Year 68,867.47$ 334220 Vetted Security Solutions VSS-IDP-COMFC-100-G IDP Commercial Data 100 4 Year 55,097.08$ 334220 Vetted Security Solutions VSS-IDP-COMFC-1000-S IDP Commercial Data 1000 3 Year 201,120.13$ 334220 Vetted Security Solutions VSS-IDP-COMFC-1000-PL IDP Commercial Data 1000 5 Year 335,162.51$ 334220 Vetted Security Solutions VSS-IDP-COMFC-1000-G IDP Commercial Data 1000 4 Year 268,145.08$ 334220 Vigilant Solutions VSS-IDP-COMFC-1000 IDP Commercial Data 1000 56,940.00$ 334220 Vigilant Solutions VSS-IDP-COMFC-100 IDP Commercial Data 100 11,700.00$ 334220 Vetted Security Solutions VSS-IBEAM-MNT-E IBEAM Mount-E (Long)780.04$ 334220 Vetted Security Solutions VSS-IBEAM-MNT-D IBEAM Mount-D (Short)759.04$ 334220 Vetted Security Solutions VSS-HYBRID-MAIN Vetted Hybrid Main NEMA Enclosure 6,487.25$ 334220 Vetted Security Solutions VSS-HDRST-BRKT Articulating Interior Headrest Mount 426.90$ 334220 Vetted Security Solutions VSS-FREY-POLE-20FT Frey-Pole 20FT 2,357.14$ 334220 Vetted Security Solutions VSS-FREY-POLE-12FT Frey-Pole 12FT 1,707.77$ 334220 Vetted Security Solutions VSS-FREY-POLE-10FT Frey-Pole 10FT 1,707.77$ 334220 Vetted Security Solutions VSS-FM-CCTV Pole Mount Main CCTV Enclosure 6,417.77$ 334220 Vetted Security Solutions VSS-FM-12-S Fixed LPR Communications Enclosure 12 Camera 3 Year System 158,533.99$ 334220 Vetted Security Solutions VSS-FM-12-PL Fixed LPR Communications Enclosure 12 Camera 5 Year System 195,301.99$ 334220 Vetted Security Solutions VSS-FM-12-G Fixed LPR Communications Enclosure 12 Camera 4 Year System 176,917.99$ 334220 Vetted Security Solutions VSS-FM-11-S Fixed LPR Communications Enclosure 11 Camera 3 Year System 145,776.23$ 334220 Vetted Security Solutions VSS-FM-11-PL Fixed LPR Communications Enclosure 11 Camera 5 Year System 179,480.23$ 334220 Vetted Security Solutions VSS-FM-11-G Fixed LPR Communications Enclosure 11 Camera 4 Year System 162,628.23$ 334220 Vetted Security Solutions VSS-FM-10-S Fixed LPR Communications Enclosure 10 Camera 3 Year System 132,968.09$ 334220 Vetted Security Solutions VSS-FM-10-PL Fixed LPR Communications Enclosure 10 Camera 5 Year System 163,608.09$ 334220 Vetted Security Solutions VSS-FM-10-G Fixed LPR Communications Enclosure 10 Camera 4 Year System 148,288.09$ 334220 Vetted Security Solutions VSS-FM-09-S Fixed LPR Communications Enclosure 9 Camera 3 Year System 120,159.94$ 334220 Vetted Security Solutions VSS-FM-09-PL Fixed LPR Communications Enclosure 9 Camera 5 Year System 147,735.94$ 334220 Vetted Security Solutions VSS-FM-09-G Fixed LPR Communications Enclosure 9 Camera 4 Year System 133,947.94$ 334220 Vetted Security Solutions VSS-FM-08-S Fixed LPR Communications Enclosure 8 Camera 3 Year System 107,402.18$ 334220 Vetted Security Solutions VSS-FM-08-PL Fixed LPR Communications Enclosure 8 Camera 5 Year System 131,914.18$ 334220 Vetted Security Solutions VSS-FM-08-G Fixed LPR Communications Enclosure 7 Camera 4 Year System 119,658.18$ 334220 Vetted Security Solutions VSS-FM-08 Fixed LPR Communications Enclosure 8 Cameras 78,690.18$ 334220 Vetted Security Solutions VSS-FM-07-S Fixed LPR Communications Enclosure 7 Camera 3 Year System 94,594.03$ 173 Page 11 SIN/SIN(s) PROPOSED MANUFACTURER NAME VENDOR PART NO (if applicable)PRODUCT NAME DISCOUNT PRICE OFFERED TO GSA (including IFF) 334220 Vetted Security Solutions VSS-FM-07-PL Fixed LPR Communications Enclosure 7 Camera 5 Year System 116,042.03$ 334220 Vetted Security Solutions VSS-FM-07-G Fixed LPR Communications Enclosure 7 Camera 4 Year System 105,318.03$ 334220 Vetted Security Solutions VSS-FM-07 Fixed LPR Communications Enclosure 7 Cameras 69,471.03$ 334220 Vetted Security Solutions VSS-FM-06-S Fixed LPR Communications Enclosure 6 Camera 3 Year System 81,785.89$ 334220 Vetted Security Solutions VSS-FM-06-PL Fixed LPR Communications Enclosure 6 Camera 5 Year System 100,169.89$ 334220 Vetted Security Solutions VSS-FM-06-G Fixed LPR Communications Enclosure 6 Camera 4 Year System 90,977.89$ 334220 Vetted Security Solutions VSS-FM-06 Fixed LPR Communications Enclosure 6 Cameras 60,251.89$ 334220 Vetted Security Solutions VSS-FM-05-S Fixed LPR Communications Enclosure 5 Camera 3 Year System 68,968.75$ 334220 Vetted Security Solutions VSS-FM-05-PL Fixed LPR Communications Enclosure 5 Camera 5 Year System 84,288.75$ 334220 Vetted Security Solutions VSS-FM-05-G Fixed LPR Communications Enclosure 5 Camera 4 Year System 76,628.75$ 334220 Vetted Security Solutions VSS-FM-05 Fixed LPR Communications Enclosure 5 Cameras 51,032.75$ 334220 Vetted Security Solutions VSS-FM-04-S Fixed LPR Communications Enclosure 4 Camera 3 Year System 56,219.98$ 334220 Vetted Security Solutions VSS-FM-04-PL Fixed LPR Communications Enclosure 4 Camera 5 Year System 68,475.98$ 334220 Vetted Security Solutions VSS-FM-04-G Fixed LPR Communications Enclosure 4 Camera 4 Year System 62,347.98$ 334220 Vetted Security Solutions VSS-FM-04 Fixed LPR Communications Enclosure 4 Cameras 41,863.98$ 334220 Vetted Security Solutions VSS-FM-03-S Fixed LPR Communications Enclosure 3 Camera 3 Year System 43,411.84$ 334220 Vetted Security Solutions VSS-FM-03-PL Fixed LPR Communications Enclosure 3 Camera 5 Year System 52,603.84$ 334220 Vetted Security Solutions VSS-FM-03-G Fixed LPR Communications Enclosure 3 Camera 4 Year System 48,007.84$ 334220 Vetted Security Solutions VSS-FM-03 Fixed LPR Communications Enclosure 3 Cameras 32,644.84$ 334220 Vetted Security Solutions VSS-FM-02-STD Fixed Mount 2 Standard LPR Camera System 17,428.51$ 334220 Vetted Security Solutions VSS-FM-02-S Fixed LPR Communications Enclosure 2 Camera 3 Year System 30,603.69$ 334220 Vetted Security Solutions VSS-FM-02-PL Fixed LPR Communications Enclosure 2 Camera 5 Year System 36,731.69$ 334220 Vetted Security Solutions VSS-FM-02-G Fixed LPR Communications Enclosure 2 Camera 4 Year System 33,667.69$ 334220 Vetted Security Solutions VSS-FM-02 Fixed LPR Communications Enclosure 2 Cameras 23,425.69$ 334220 Vetted Security Solutions VSS-FM-01-STD Fixed Mount 1 Standard LPR Camera System 8,257.66$ 334220 Vetted Security Solutions VSS-FM-01-S Fixed LPR Communications Enclosure 1 Camera 3 Year System 17,845.92$ 334220 Vetted Security Solutions VSS-FM-01-PL Fixed LPR Communications Enclosure 1 Camera 5 Year System 20,909.92$ 334220 Vetted Security Solutions VSS-FM-01-G Fixed LPR Communications Enclosure 1 Camera 4 Year System 19,377.92$ 334220 Vetted Security Solutions VSS-FM-01 Fixed LPR Communications Enclosure 1 Camera 14,256.93$ 334220 Vetted Security Solutions VSS-FM Fixed LPR Main 4,513.85$ 334220 Vetted Security Solutions VSS-FL Fixed LPR System Installation 1,964.74$ 334220 Vetted Security Solutions VSS-FEB Fixed LPR Enclosure Bracket 186.40$ 334220 Vetted Security Solutions VSS-FCB Fixed LPR Camera Bracket 196.47$ 334220 Vetted Security Solutions VSS-FB-12 Fixed LPR Bridge Enclosure 12 Cameras 113,148.61$ 334220 Vetted Security Solutions VSS-FB-11 Fixed LPR Bridge Enclosure 11 Cameras 103,979.85$ 334220 Vetted Security Solutions VSS-FB-10 Fixed LPR Bridge Enclosure 10 Cameras 94,760.71$ 334220 Vetted Security Solutions VSS-FB-09 Fixed LPR Bridge Enclosure 9 Cameras 85,541.56$ 334220 Vetted Security Solutions VSS-FB-08 Fixed LPR Bridge Enclosure 8 Cameras 76,322.42$ 334220 Vetted Security Solutions VSS-FB-07 Fixed LPR Bridge Enclosure 7 Cameras 67,153.65$ 334220 Vetted Security Solutions VSS-FB-06 Fixed LPR Bridge Enclosure 6 Cameras 57,934.51$ 334220 Vetted Security Solutions VSS-FB-05 Fixed LPR Bridge Enclosure 5 Cameras 48,715.37$ 334220 Vetted Security Solutions VSS-FB-04 Fixed LPR Bridge Enclosure 4 Cameras 39,546.60$ 334220 Vetted Security Solutions VSS-FB-03 Fixed LPR Bridge Enclosure 3 Cameras 30,327.46$ 334220 Vetted Security Solutions VSS-FB-02 Fixed LPR Bridge Enclosure 2 Cameras 21,108.31$ 334220 Vetted Security Solutions VSS-FB-01 Fixed LPR Bridge Enclosure 1 Camera 11,889.17$ 334220 Vetted Security Solutions VSS-FB Fixed LPR Bridge 2,539.04$ 334220 Vetted Security Solutions VSS-EXTWARR1-FL Vetted Standard Extended Warranty 1Year Region: FL 1,007.56$ 334220 Vetted Security Solutions VSS-ENC-PTZ-ADD Enclosure PTZ Add On 3,244.33$ 334220 Vetted Security Solutions VSS-ENC-BRKT Vetted NEMA Enclosure Mounting Bracket 229.74$ 334220 Vetted Security Solutions VSS-ENC-BB-ADD Flashing Blue Beacon addition Enclosure 111.23$ 334220 Vetted Security Solutions VSS-ENC-6MPFE-ADD Enclosure 6.0 MP Fisheye Addition 880.60$ 334220 Vetted Security Solutions VSS-ENC-3MPCCTV-ADD Enclosure 3.0 MP CCTV Overview Camera Addition 695.21$ 334220 Vetted Security Solutions VSS-ENC-12MPFE-ADD Enclosure 12.0 MP Fisheye Addition 1,158.69$ 334220 Vetted Security Solutions VSS-DREQUIPMENTSTK-SINGLEDoor equipment for access control SS 2,080.21$ 174 Page 12 SIN/SIN(s) PROPOSED MANUFACTURER NAME VENDOR PART NO (if applicable)PRODUCT NAME DISCOUNT PRICE OFFERED TO GSA (including IFF) 334220 Vetted Security Solutions VSS-DREQUIPMENTSTK-DOUBLEDoor equipment for access control DS 2,460.25$ 334220 Vetted Security Solutions VSS-DREQUIPMENTMAG-SINGLEDoor equipment for access control S 2,680.27$ 334220 Vetted Security Solutions VSS-DREQUIPMENTMAG-DOUBLEDoor equipment for access control D 3,125.32$ 334220 Vetted Security Solutions VSS-CSS CCTV & Surveillance System Unit Install BASE SE 1,101.76$ 334220 Vetted Security Solutions VSS-CRC Fixed LPR Custom Camera Cable 282.12$ 334220 Vetted Security Solutions VSS-CL4 License: Tier 4 277.08$ 334220 Vetted Security Solutions VSS-CL3 License: Tier 3 403.02$ 334220 Vetted Security Solutions VSS-CL2 License: Tier 2 453.40$ 334220 Vetted Security Solutions VSS-CL1 License: Tier 1 528.97$ 334220 Vetted Security Solutions VSS-CCTV-MAIN Vetted CCTV Main Enclosure 3,267.14$ 334220 Vetted Security Solutions VSS-CCTVENC-O-PTZ Vetted CCTV Overt Enclosure w/PTZ 7,556.68$ 334220 Vetted Security Solutions VSS-CCTVENC-O-MS Vetted Overt Enclosure w/Multisensor 8,060.55$ 334220 Vetted Security Solutions VSS-CCTVENC-C-PTZ Vetted CCTV Covert Enclosure w/PTZ 9,567.44$ 334220 Vetted Security Solutions VSS-CCTVENC-C-MS Vetted Covert Enclosure w/Multisensor 10,574.43$ 334220 Vetted Security Solutions VSS-BB-BBA6-C Redundant Supply BB Kit - Cold Weather Batteries 12,702.81$ 334220 Vetted Security Solutions VSS-BB-2C Vetted Battery Back up 2 Camera 3,384.18$ 334220 Vetted Security Solutions VSS-AP LPR Access Point Kit 352.64$ 334220 Vetted Security Solutions VSS-AC-STSERV AC Storage Server 10,991.15$ 334220 Vetted Security Solutions VSS-AC-SIPSERV AC Sip Server 10,991.15$ 334220 Vetted Security Solutions VSS-ACSENT-MIGRATION ACS MIGRATION 6,120.61$ 334220 Vetted Security Solutions VSS-ACSENT-BADGINGSOFT Software license for badging 683.07$ 334220 Vetted Security Solutions VSS-ACSENT-64 Software license for 64 access control 5,056.62$ 334220 Vetted Security Solutions VSS-ACSENT-512 Software license for 512 access control 27,062.73$ 334220 Vetted Security Solutions VSS-ACSENT-32 Software license for 32 access control 3,689.55$ 334220 Vetted Security Solutions VSS-ACSENT-256 Software license for 256 access control 13,257.45$ 334220 Vetted Security Solutions VSS-ACSENT-2048 Software license for 2048 access control 46,744.71$ 334220 Vetted Security Solutions VSS-ACSENT-16 Software license for 16 access control 3,006.42$ 334220 Vetted Security Solutions VSS-ACSENT-128 Software license for 128 access control 7,790.78$ 334220 Vetted Security Solutions VSS-ACSENT-1024 Software license for 1024 access control 36,903.72$ 334220 BriefCam VSS-AC-RCRPT-MNT-001 AC Yearly Software Support 20,167.25$ 334220 Vetted Security Solutions VSS-AC-PASPK AC Network SIP Speaker 756.27$ 334220 Vetted Security Solutions VSS-AC-INTMST AC Intercom Master Station 1,710.19$ 334220 Vetted Security Solutions VSS-AC-INTLIC AC Intercom License Station 226.88$ 334220 Vetted Security Solutions VSS-AC-INTDOOR AC Intercom Door Station 1,508.51$ 334220 Vetted Security Solutions VSS-AC-FIBRUN AC Fiber run by the foot 126.05$ 334220 Vetted Security Solutions VSS-AC-CONRUN AC Conduit run by the foot 18.15$ 334220 Vetted Security Solutions VSS-AC-120CON AC 120-volt Connection for Panel 1,210.04$ 334220 Vetted Security Solutions VSS-8MPHDBLT-ADD Enclosure 8.0MP High Def Bullet with Intelligent Analytics add on 1,390.43$ 334220 Vetted Security Solutions VSS-8DOORHE 8 DOOR HEAD END PANEL 3,283.34$ 334220 Vetted Security Solutions VSS-4DOORHE 4 DOOR HEAD END PANEL 2,059.20$ 334220 Vigilant Solutions VSS44HWW Mobile LPR 4-Camera kit Extended Hardwar 8,293.74$ 334220 Vigilant Solutions VSS43HWW Mobile LPR 4-Camera kit Extended Hardwar 6,220.30$ 334220 Vigilant Solutions VSS42HWW Mobile LPR 4-Camera kit Extended Hardwar 4,146.87$ 334220 Vigilant Solutions VSS41HWW Mobile LPR 4-Camera kit Extended Hardwar 2,073.43$ 334220 Vigilant Solutions VSS34HWW Mobile LPR 3-Camera kit Extended Hardwar 6,220.30$ 334220 Vigilant Solutions VSS33HWW Mobile LPR 3-Camera kit Extended Hardwar 4,665.23$ 334220 Vigilant Solutions VSS32HWW Mobile LPR 3-Camera kit Extended Hardwar 3,110.16$ 334220 Vigilant Solutions VSS31HWW Mobile LPR 3-Camera kit Extended Hardwar 1,525.45$ 334220 Vigilant Solutions VSS24HWW Mobile LPR 2-Camera kit Extended Hardwar 4,146.87$ 334220 Vigilant Solutions VSS23HWW Mobile LPR 2-Camera kit Extended Hardwar 3,110.16$ 334220 Vigilant Solutions VSS22HWW Mobile LPR 2-Camera kit Extended Hardwar 2,073.43$ 334220 Vigilant Solutions VSS21HWW Mobile LPR 2-Camera kit Extended Hardwar 1,036.72$ 334220 Vetted Security Solutions VSS-16DOORHE 16 DOOR HEAD END PANEL 5,036.50$ 334220 Vigilant Solutions VSS14HWW Mobile LPR 1-Camera kit Extended Hardwar 2,073.43$ 175 Page 13 SIN/SIN(s) PROPOSED MANUFACTURER NAME VENDOR PART NO (if applicable)PRODUCT NAME DISCOUNT PRICE OFFERED TO GSA (including IFF) 334220 Vigilant Solutions VSS13HWW Mobile LPR 1-Camera kit Extended Hardwar 1,555.07$ 334220 Vigilant Solutions VSS12HWW Mobile LPR 1-Camera kit Extended Hardwar 1,036.72$ 334220 Vigilant Solutions VSS11SWW Mobile LPR 1-Camera kit Extended Softwar 518.36$ 334220 Vigilant Solutions VSS11HWW Mobile LPR 1-Camera kit Extended Hardwar 518.36$ 334220 Vigilant Solutions VSS-RE-MOB-CASE Reaper System Mobility Carrying Case 888.61$ 334220 Vigilant Solutions VSS-PPU3POE-PPU Replacement 1-Camera Portable Power Unit 6,713.98$ 334220 Vigilant Solutions VSS-SCL4 Vigilant LPR Standard Service Package fo 113.54$ 334220 Vigilant Solutions VSS-SCL3 Vigilant LPR Standard Service Package fo 162.91$ 334220 Vigilant Solutions VSS-SCL2 Vigilant LPR Standard Service Package fo 187.60$ 334220 Vigilant Solutions VSS-SCL1 Vigilant LPR Standard Service Package fo 222.16$ 334220 Vigilant Solutions VSS-LIC-01 Vigilant Perpetual License for LPR Clien 1,579.76$ 334220 Vigilant Solutions VSS-ILP-TIER-8M8RE Intelligence-Led Policing (ILP) Package 298,739.55$ 334220 Vigilant Solutions VSS-ILP-TIER-8F24RE Intelligence-Led Policing (ILP) Package 376,868.01$ 334220 Vigilant Solutions VSS-ILP-TIER-7M7RE Intelligence-Led Policing (ILP) Package 188,940.05$ 334220 Vigilant Solutions VSS-ILP-TIER-7F21RE Intelligence-Led Policing (ILP) Package 256,355.16$ 334220 Vigilant Solutions VSS-ILP-TIER-6M6RE Intelligence-Led Policing (ILP) Package 148,086.15$ 334220 Vigilant Solutions VSS-ILP-TIER-6F18RE Intelligence-Led Policing (ILP) Package 212,440.30$ 334220 Vigilant Solutions VSS-ILP-TIER-5M5RE Intelligence-Led Policing (ILP) Package 120,019.14$ 334220 Vigilant Solutions VSS-ILP-TIER-5F15RE Intelligence-Led Policing (ILP) Package 173,635.26$ 334220 Vigilant Solutions VSS-ILP-TIER-4M4RE Intelligence-Led Policing (ILP) Package 86,570.78$ 334220 Vigilant Solutions VSS-ILP-TIER-4F12RE Intelligence-Led Policing (ILP) Package 129,473.55$ 334220 Vigilant Solutions VSS-ILP-TIER-3M3RE Intelligence-Led Policing (ILP) Package 56,430.23$ 334220 Vigilant Solutions VSS-ILP-TIER-3F9RE Intelligence-Led Policing (ILP) Package 88,619.65$ 334220 Vigilant Solutions VSS-ILP-TIER-2M2RE Intelligence-Led Policing (ILP) Package 35,003.53$ 334220 Vigilant Solutions VSS-ILP-TIER-2F6RE Intelligence-Led Policing (ILP) Package 56,430.23$ 334220 Vigilant Solutions VSS-ILP-TIER-1M1RE Intelligence-Led Policing (ILP) Package 19,150.73$ 334220 Vigilant Solutions VSS-ILP-TIER-1F3RE Intelligence-Led Policing (ILP) Package 29,893.70$ 334220 Vigilant Solutions VSS-ILP-TIER-1BM1RE Intelligence-Led Policing (ILP) Package 12,021.66$ 334220 Vigilant Solutions VSS-ILP-TIER-1BF3RE Intelligence-Led Policing (ILP) Package 22,725.14$ 334220 Vigilant Solutions VSS-ILP-TIER-1AM1RE Intelligence-Led Policing (ILP) Package 15,576.32$ 334220 Vigilant Solutions VSS-ILP-TIER-1AF3RE Intelligence-Led Policing (ILP) Package 26,314.36$ 334220 Vigilant Solutions VSS-ILP-6M3RE Intelligence-Led Policing (ILP) Package 158,305.79$ 334220 Vigilant Solutions VSS-ILP-5M3RE Intelligence-Led Policing (ILP) Package 122,561.71$ 334220 Vigilant Solutions VSS-ILP-4M3RE Intelligence-Led Policing (ILP) Package 91,922.52$ 334220 Vigilant Solutions VSS-ILP-3M3RE Intelligence-Led Policing (ILP) Package 61,293.20$ 334220 Vigilant Solutions VSS-ILP-2M3RE Intelligence-Led Policing (ILP) Package 35,245.44$ 334220 Vigilant Solutions VSS-ILP-1M3RE Intelligence-Led Policing (ILP) Package 15,329.47$ 334220 Vetted Security Solutions VSS-FX-UNI-POLE-WALL-BRKT_REV_BUPR ARM ASSY POLE & WALL MOUNT BLK REV B 345.57$ 334220 Vetted Security Solutions VSS-FX-DUAL-BRKT-ASSY Dual Fixed Camera Wall Mount Bracket 394.94$ 334220 Vigilant Solutions VSF-050-L5F L5F Fixed LPR Camera with Sun Shield-50m 6,495.00$ 334220 Vigilant Solutions VSF-035-L5F L5F Fixed LPR Camera with Sun Shield-35m 6,495.00$ 334220 Vigilant Solutions VSF-025-L5F L5F Fixed LPR Camera with Sun Shield-25m 6,495.00$ 334220 Vigilant Solutions VSS-CIP-S-04 Vigilant Competitive LPR Server Account 987.35$ 334220 Vigilant Solutions VSS-CIP-S-03 Vigilant Competitive LPR Server Account 1,086.09$ 334220 Vigilant Solutions VSS-CIP-S-02 Vigilant Competitive LPR Server Account 1,234.19$ 334220 Vigilant Solutions VSS-CIP-S-01 Vigilant Competitive LPR Server Account 1,481.03$ 334220 Vigilant Solutions VSS-CIP-I Vigilant Competitive LPR Server Integrat 4,443.07$ 334220 Vetted Security Solutions VSS-BTRY-BOX Battery Box Complete 5,035.49$ 334220 Avigilon VMA-RPA-RGD-8P4 ACC ES Rugged 8-Port Appliance, 4TB 6,719.32$ 334220 Avigilon VMA-RPA-RGD-8P2 ACC ES Rugged 8-Port Appliance, 2TB 5,087.49$ 334220 Avigilon VMA-ENVR1-8P4A-NA ACC ES ES 8-Port Appliance; 4TB 1,521.73$ 334220 Avigilon VSS-VMA-AIA1-CG2-NA Avigilon AI Appliance A20 Model, NA 17,514.12$ 334220 Vigilant Solutions VSS-U-BASE-SET High Impact Camera Magnet 294.23$ 334220 Vigilant Solutions VSS-SVR Vigilant System SU&C Server 6,121.57$ 176 Page 14 SIN/SIN(s) PROPOSED MANUFACTURER NAME VENDOR PART NO (if applicable)PRODUCT NAME DISCOUNT PRICE OFFERED TO GSA (including IFF) 334220 BriefCam VSS-RR-TRN-001 Rapid Review Training Pack 1,974.70$ 334220 BriefCam VSS-RR-DTB-001 Add Database Expansion for Rapid Review 4,936.75$ 334220 BriefCam VSS-RR-CST-001 Rapid Review Consultancy Pack 1,974.70$ 334220 BriefCam VSS-RR-CAM-010 Camera License Add on for Rapid Review (1,777.23$ 334220 BriefCam VSS-RR-BSP-005 Rapid Review Basic Service Pack 3,455.73$ 334220 BriefCam VSS-RR-BAS-001 BriefCam Rapid Review Base Package 13,822.90$ 334220 BriefCam VSS-RR-ASP-008 Rapid Review Advanced Service Pack 8,639.31$ 334220 BriefCam VSS-RR-APL-001 BriefCam Hardware Appliance for Rapid Re 2,962.05$ 334220 BriefCam VSS-PT-TRN-001 Protect Training Pack 1,974.70$ 334220 BriefCam VSS-PT-RVU-001 Add additional concurrent user for Prote 4,936.75$ 334220 BriefCam VSS-PT-RSP-010 Respond License Add on for Protect (adds 9,873.50$ 334220 Vigilant Solutions PT-RNW-001 Protect Software-SCC Renewal 1 Year 18,000.00$ 334220 BriefCam VSS-PT-PRC-001 Processing Expansion Pack for Protect (f 7,898.80$ 334220 BriefCam VSS-PT-DTB-001 Add Database Expansion for Protect (for 4,936.75$ 334220 BriefCam VSS-PT-CST-001 Protect Consultancy Pack 1,974.70$ 334220 BriefCam VSS-PT-CHU-005 Add additional named user for Research f 3,949.40$ 334220 BriefCam VSS-PT-CAM-020 Camera License Add on for Protect (10 Ca 2,468.37$ 334220 BriefCam VSS-PT-BSP-005 Protect Basic Service Pack 3,455.73$ 334220 BriefCam VSS-PT-BDB-001 Protect Custom Dashboard Service Pack 3,949.40$ 334220 BriefCam VSS-PT-BAS-001 BriefCam Protect Base Package 88,861.50$ 334220 BriefCam VSS-PT-ASP-008 Protect Advanced Service Pack 8,639.31$ 334220 BriefCam VSS-PT-ADB-001 Protect Advanced Custom Dashboard Servic 7,898.80$ 334220 Avigilon PS-180W-ENVR1-8P Power Supply for ES 8-Port Appliance 180 126.95$ 334220 Avigilon POE-INJ2-PLUS-NA PoE Injector +71.99$ 334220 Avigilon POE-INJ2-60W-NA PoE Injector 60W for use with IR Ring 143.98$ 334220 Avigilon POE60U-1BTE PoE Injector 143.98$ 334220 Avigilon PLMT-1001 Pole Mount Adapter 89.62$ 334220 Avigilon NPTA-1001 NPT Adapter for Large Pendant Mount Cam 53.42$ 334220 Vetted Security Solutions VSS-MAX-HD2-LTEA-W-T 1 x Pepwave SpeedFusion Engine for SD-WA 880.03$ 334220 Avigilon VSS-LEF247028TA2 Tamron 24-70, f-2.8, Gen 2, Auto-Iris, V 1,658.84$ 334220 BriefCam VSS-IV-TRN-001 Investigator Training Pack 1,974.70$ 334220 BriefCam VSS-IV-DTB-001 Add Database Expansion for Investigator 4,936.75$ 334220 BriefCam VSS-IV-CST-001 Investigator Consultancy Pack 1,974.70$ 334220 BriefCam VSS-IV-BSP-002 Investigator Basic Service Pack 3,455.73$ 334220 BriefCam VSS-IV-BAS-11 BriefCam Investigator 15,797.60$ 334220 Vetted Security Solutions VSS-BC-FB-11 BriefCam Video Investigator 15,113.35$ 334220 BriefCam VSS-IV-ASP-008 Invstigator Advanced Service Pack 8,639.31$ 334220 BriefCam VSS-IV-APL-001 BriefCam Hardware Appliance for Investig 2,962.05$ 334220 BriefCam VSS-IT-USR-001 Add additional concurrent user for Inves 9,873.50$ 334220 BriefCam VSS-IT-TRN-001 Investigator for Teams Training Pack 1,974.70$ 334220 BriefCam VSS-IT-PRC-001 Processing Expansion Pack for Investigat 7,898.80$ 334220 BriefCam VSS-IT-DTB-001 Add Database Expansion for Investigator 4,936.75$ 334220 BriefCam VSS-IT-CST-001 Investigator for Teams Consultancy Pack 1,974.70$ 334220 BriefCam VSS-IT-BSP-005 Investigator for Teams Basic Service Pac 3,455.73$ 334220 BriefCam VSS-IT-BAS-005 BriefCam Investigator for Teams 74,051.25$ 334220 BriefCam VSS-IT-ASP-008 Investigator for Teams Advanced Service 8,639.31$ 334220 BriefCam VSS-IS-TRN-001 Insights Training Pack 1,974.70$ 334220 BriefCam VSS-IS-RVU-001 Add additional concurrent user for Insig 2,468.37$ 334220 BriefCam VSS-IS-RSP-010 Respond License Add on for Insights (add 9,873.50$ 334220 BriefCam VSS-IS-PRC-001 Processing Expansion Pack for Insights (7,898.80$ 334220 BriefCam VSS-IS-DTB-001 Add Database Expansion for Insights (for 4,936.75$ 334220 BriefCam VSS-IS-CST-001 Insights Consultancy Pack 1,974.70$ 334220 BriefCam VSS-IS-CHU-005 Add additional named user for Research f 3,949.40$ 334220 BriefCam VSS-IS-CAM-020 Camera License Add on for Insights (10 C 2,468.37$ 177 Page 15 SIN/SIN(s) PROPOSED MANUFACTURER NAME VENDOR PART NO (if applicable)PRODUCT NAME DISCOUNT PRICE OFFERED TO GSA (including IFF) 334220 BriefCam VSS-IS-BSP-005 Insights Basic Service Pack 3,455.73$ 334220 BriefCam VSS-IS-BDB-001 Insights Custom Dashboard Service Pack 3,949.40$ 334220 BriefCam VSS-IS-BAS-001 BriefCam Insights Base Package 29,620.50$ 334220 BriefCam VSS-IS-ASP-008 Insights Advanced Service Pack 8,639.31$ 334220 BriefCam VSS-IS-ADB-001 Insights Advanced Custom Dashboard Servi 7,898.80$ 334220 HIPERWALL HZ-M HiperZones Maintenance License 556.93$ 334220 HIPERWALL HZ8 HiperZones 2,787.69$ 334220 HIPERWALL HWP8 Hiperwall Premium Suite License 10,106.16$ 334220 HIPERWALL VSS-HWP6 Hiperwall Premium Suite license 8,886.15$ 334220 HIPERWALL HWE2 Hiperwall Essentials Package 2 15,681.54$ 334220 HIPERWALL HWE1 Hiperwall Essentials Package 1 11,533.85$ 334220 HIPERWALL HWC8 HiperController License 2,090.77$ 334220 HIPERWALL VSS-HWC6 HiperController license 1,579.76$ 334220 HIPERWALL HVUHD8 HiperView UHD License 2,787.69$ 334220 HIPERWALL VSS-HVUHD6 HiperView UHD license 2,567.11$ 334220 HIPERWALL HVQM-M HiperView Quantum Maintenance License 349.23$ 334220 HIPERWALL HVQM8 HiperView Quantum add-on license 1,743.07$ 334220 HIPERWALL HVLED8 HiperView LED add-on license 1,743.07$ 334220 HIPERWALL VSS-HVLED6 HiperView LED license 3,159.52$ 334220 HIPERWALL HVHD8 HiperView HD License 1,743.07$ 334220 HIPERWALL VSS-HVHD6 HiperView HD license 1,579.76$ 334220 HIPERWALL HSIP-M HiperSource IP Bundle Maintenance Licens 696.92$ 334220 HIPERWALL HSIP8 HiperSource IP 50x 3,484.61$ 334220 HIPERWALL HSC8 HiperInterface add-on license 1,743.07$ 334220 HIPERWALL VSS-HSC6 HiperInterface license 1,579.76$ 334220 HIPERWALL HS8 HiperSource License 1,393.84$ 334220 HIPERWALL VSS-HS6 HiperSource license 1,184.82$ 334220 HIPERWALL HPMIL-M Milestone VMS Plug-In Maintenance Licens 676.92$ 334220 HIPERWALL HPMIL Hiperwall Plug-In License for Milestone 2,787.69$ 334220 HIPERWALL HPGEN-M Genetec VMS Plug-In Maintenance License 676.92$ 334220 HIPERWALL HPGEN Hiperwall Plug-In License for Genetec 2,787.69$ 334220 HIPERWALL HO8 HiperOperator License 1,743.07$ 334220 HIPERWALL VSS-HO6 HiperOperator license 1,579.76$ 334220 HIPERWALL HLC8 HiperLayout add-on license 1,743.07$ 334220 HIPERWALL VSS-HLC6 HiperLayout license 1,579.76$ 334220 HIPERWALL HFS8 HiperFailSafe add-on license 3,484.61$ 334220 HIPERWALL VSS-HFS6 HiperFailSafe license 3,159.52$ 334220 Avigilon VSS-HD-RMWS4-4MN-NA Pro Remote Monitoring Workstation 2,563.13$ 334220 HIPERWALL HCC8 HiperKVM add-on license 1,743.07$ 334220 HIPERWALL VSS-HCC6 HiperKVM license 1,579.76$ 334220 HIPERWALL HC8 HiperCast Connection License 1,743.07$ 334220 HIPERWALL VSS-HC6 HiperCast connection license 1,579.76$ 334220 HIPERWALL HAC8 HiperAccess add-on license 1,743.07$ 334220 HIPERWALL VSS-HAC6 HiperAccess license 1,579.76$ 334220 Avigilon H5M-MT-DCIL1 In-ceiling mount adapter 28.79$ 334220 Avigilon H5AMH-DO-COVR1 Dome bubble & cover for outdoor surface 162.11$ 334220 Avigilon H5AMH-DC-COVR1 Dome bubble & cover, for in-ceiling 71.57$ 334220 Avigilon H5AMH-AD-PEND1 Outdoor pendant mount adapter 162.11$ 334220 Avigilon H5AMH-AD-DOME1 Outdoor surface mount adapter 162.11$ 334220 Avigilon VSS-H4AMH-AD-IRIL1 Optional IR illuminator ring, up to 30m 243.41$ 334220 Vetted Security Solutions VSS-GE-Pole-T200-NS Add Pole NS, Dig Trench 200, New Service 14,502.20$ 334220 Vetted Security Solutions VSS-GE-Pole-T200-110 Add Pole, Dig Trench 200, Add Breaker 11 12,369.52$ 334220 Vetted Security Solutions VSS-GE-Pole-T100-NS Add Pole NS, Dig Trench 100, New Service 10,379.02$ 334220 Vetted Security Solutions VSS-GE-Pole-T100-110 Add Pole, Dig Trench 100, Add breaker 11 8,104.17$ 178 Page 16 SIN/SIN(s) PROPOSED MANUFACTURER NAME VENDOR PART NO (if applicable)PRODUCT NAME DISCOUNT PRICE OFFERED TO GSA (including IFF) 334220 Vetted Security Solutions VSS-GE-Pole-BT100-NS Add Pole NS, Bore 100, Trench 100, New S 15,355.26$ 334220 Vetted Security Solutions VSS-GE-Pole-BT100-110 Add Pole, bore 100, Dig Trench 100, Add 13,080.41$ 334220 Vetted Security Solutions VSS-GE-Pole-B100-NS Add Pole NS, Bore 100, Dig Minimal trenc 13,222.59$ 334220 Vetted Security Solutions VSS-GE-Pole-B100-110 Add Pole, Bore 100, Dig minimal trench, 10,947.74$ 334220 Vetted Security Solutions VSS-GE-EI-T200-NS Dig Trench 200, New Service 12,085.17$ 334220 Vetted Security Solutions VSS-GE-EI-T200-110 Dig Trench 200, Add Breaker 110v 9,952.48$ 334220 Vetted Security Solutions VSS-GE-EI-T100-NS Dig Trench 100, New Service 7,961.99$ 334220 Vetted Security Solutions VSS-GE-EI-T100-110 Dig Trench 100, Add Breaker 110v 5,687.13$ 334220 Vetted Security Solutions VSS-GE-EI-BT100-NS Bore 100, Dig Trench 100, New Service 12,938.24$ 334220 Vetted Security Solutions VSS-GE-EI-BT100-110 Bore 100, Trench 100, Add Breaker 110v 10,663.38$ 334220 Vetted Security Solutions VSS-GE-EI-B100-NS Bore 100 and Dig Minimal Trench, New Ser 10,805.56$ 334220 Vetted Security Solutions VSS-GE-EI-B100-110 Bore 100, Dig Minimal Trench, Add Breake 8,672.89$ 334220 Vetted Security Solutions FSS-SHARE-10 FINDER Share (State & Local) Tier 10 (1501-2000 sworn)40,000.00$ 334220 Vetted Security Solutions FSS-API-INT-MULT FINDER API Integration - All State & Local Agencies - multiple feeds 5,000.00$ 334220 Vetted Security Solutions VSS-FE-DUO-LTE-US-ET 1 x Pepwave MAX HD2 w- LTE Advanced 3,005.44$ 334220 Avigilon VSS-ES-HD-MNT-PAR Pedestal & Ceiling Mount for Cameras 81.14$ 334220 Avigilon VSS-ES-HD-IPM Optional PoE+ power module for Cam Encl 173.33$ 334220 Avigilon VSS-ES-HD-CWS-LG Large Format Enclosure Avigilon HD IP 368.80$ 334220 Avigilon CRNMT-1001 Corner Mount Adapter 89.62$ 334220 Avigilon CLPNL-1001 Metal ceiling panel 89.62$ 334220 Vigilant Solutions CDMS24HWW Mobile 2-Cam Ext Hardware Warranty 2-5Yr 4,200.00$ 334220 Vigilant Solutions CDMS23HWW Mobile 2-Cam Ext Hardware Warranty 2-4Yr 3,150.01$ 334220 Vigilant Solutions CDMS22HWW Mobile 2-Cam Ext Hardware Warranty 2-3Yr 2,100.00$ 334220 Vigilant Solutions CDMS21HWW Mobile 2-Cam Ext. Hardware Warranty 1 Yr 1,050.01$ 334220 Vigilant Solutions VSS-CDFS-3HWW Fixed Camera LPR System Extended Hardwar 1,876.07$ 334220 Vetted Security Solutions VSS-CAT6A-M12 CAT6A M12 Connector 74.06$ 334220 Vetted Security Solutions VSS-CAM-MAGNET-HITCH-SETStandard LPR Camera Magnet 138.23$ 334220 Vetted Security Solutions VSS-CAM-HITCH-SET CAM BALL HITCH SET 49.37$ 334220 Briefcam VSS-BC-VMS-02 BriefCam Video RapidReview (VMS Based to 24,051.85$ 334220 BriefCam VSS-BC-T-C81-G71-32 BriefCam Appliance Tower Workstation 300 2,962.05$ 334220 Vetted Security Solutions VSS-BC-SR-42 BriefCam Server 26,095.42$ 334220 Briefcam VSS-BC-SR-42 Briefcam Server (Mid Range Spec)30,686.48$ 334220 Briefcam VSS-BC-FB-11 BriefCam Video Investigator (File Based 17,772.30$ 334220 Vigilant Solutions BCAV1F2-C600 Vigilant Communications Box 2,895.00$ 334220 BriefCam VSS-BC-2-G42-Q44-256 BriefCam Appliance 2U Server 250 Review 19,747.00$ 334220 BriefCam VSS-BC-2-G42-Q44-128 BriefCam Appliance 2U Server 270 Review 17,278.64$ 334220 BriefCam VSS-BC-2-G41-Q42-128 BriefCam Appliance 2U Server 200 Review 12,835.56$ 334220 BriefCam VSS-BC-2-G41-000-128 BriefCam Appliance 2U Server Rendering, 9,873.51$ 334220 BriefCam VSS-BC-1-C81-Q42-64 BriefCam Appliance 1U Server 600 Review 7,405.13$ 334220 BriefCam VSS-BC-1-C81-Q41-64 BriefCam Appliance 1U Server 300 Review 5,924.10$ 334220 BriefCam VSS-BC-1-C81-000-64 BriefCam Appliance 1U Server Rendering, 2,962.05$ 334220 Vetted Security Solutions VSS-ATC-250-SF 120-240Vac Single-Split Phase 581.55$ 334220 Avigilon ACC-ENT-SMART-5YR ACC Enterprise Smart Plan, 5 year 87.04$ 334220 Avigilon ACC-ENT-SMART-3YR ACC Enterprise Smart Plan, 3 year 56.57$ 334220 Avigilon ACC-ENT-SMART-1YR ACC Enterprise Smart Plan, 1 year 26.12$ 334220 Avigilon ACC7-ENT-FO ACC 7 ENT failover channel 39.95$ 334220 Avigilon ACC7-ENT ACC 7 Enterprise camera channel 257.47$ 334220 Avigilon 9C-H5A-3MH H5A Multisensor 3x3MP 270 Degree 1,668.41$ 334220 Axis Communications T91G91 AXIS T91G61 Wall Mount 204.96$ 334220 Axis Communications T94A01D Pendant Kit Bracket 55.21$ 334220 Avigilon VSS-4.0C-H5A-D2 4 MP WDR LIGHTCATCHER D/N 805.04$ 334220 Avigilon VSS-4.0C-H5A-B3 4 MP WDR LIGHTCATCHER D/N 805.04$ 334220 Vigilant Solutions 3PC-1SL (LINC) Single camera license-Central 500.00$ 334220 Vigilant Solutions 3PC-1EL (LINC) Single camera license-Edge proc 750.01$ 179 Page 17 SIN/SIN(s) PROPOSED MANUFACTURER NAME VENDOR PART NO (if applicable)PRODUCT NAME DISCOUNT PRICE OFFERED TO GSA (including IFF) 334220 Avigilon 32C-H5A-4MH H5A Multisensor 4x8MP 360 Degree 2,575.42$ 334220 Avigilon VSS-3.0C-H5SL-DO1-IR 3 MP WDR LightCatcher D/N Outdoor IR 452.39$ 334220 Avigilon VSS-3.0C-H4VI-RO1-IR 3.0 MP, H4 Video Intercom, WDR, IR 848.23$ 334220 Avigilon 24C-H5A-3MH H5A Multisensor 3x8MP 270 Degree 2,156.49$ 334220 Avigilon 20C-H5A-4MH H5A Multisensor 4x5MP 360 Degree 2,242.71$ 334220 Avigilon VSS-2.0C-H4IRPTZ-DP30-WP 2MP H4 IR PTZ with Wiper 30X Camera 250m 2,600.01$ 334220 Avigilon VSS-16L-H4PRO-B 5K 16 MP H.264 HD Pro with LightCatcher 5,531.94$ 334220 Avigilon 15C-H5A-3MH H5A Multisensor 3x5MP 270 Degree 1,874.22$ 334220 Avigilon 12C-H5A-4MH H5A Multisensor 4x3MP 360 Degree 1,944.17$ 334220 Avigilon VSS-12.0-H4F-DO1-IR 12MP Fisheye Camera D/N IR 849.37$ 334220 Axis Communications Q6100-E Axis Q6100-E 360° Multidirectional cam 1,683.68$ 334220 Axis Communications Q6135-LE Axis Q6135-LE 2,479.19$ 334220 Axis Communications Q6315-LE Axis Q6315-LE 3,040.73$ 334220 Axis Communications Q1700-LE 2MP License Plate Camera, 18-137mm 1,309.32$ 334220 Axis Communications Q6075-E Axis Q6075-E 3,010.34$ 334220 Axis Communications T91B57 T91B57 Pole Mount 120.73$ 334220 Axis Communications 01165-001 AXIS T92B47 Pole Mount 83.29$ 334220 Axis Communications T91A47 T91A47 Pole Mount 92.65$ 180 Agenda Item No:1. City Commission Agenda Item Report Meeting Date: November 7, 2023 Submitted by: John Barzola Submitting Department: Police Department Item Type: Resolution Agenda Section: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING A PAYMENT TO THE MIAMI DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE FOR PARTICIPATION IN THE COUNTY COURT STAND-BY PROGRAM FOR FISCAL YEAR 2023-2024; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-POLICE DEPT.) Suggested Action: Attachments: MDACP_Stand_by_Memo (1).docx 47L2942-Reso_County_Courty_Stand_By_Program__CAv2 (1).DOCX County Court Standby Program Background info.pdf Exhibit A -MDCACP 2023-24 Invoice.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM:Genaro “Chip” Iglesias,City Manager DATE:November 7, 2023 SUBJECT:Miami Dade County Association of Chiefs of Police (MDCACP) Court Stand-by Program RECOMMENDATION:Authorize payment to the MDCACP for the City’s participation in the county court stand-by program. Background:In the late 90’s the MDCACP, along with the Miami Dade States Attorneys’ Office (SAO) worked together to develop a stand-by program for police officer court appearances. This program was developed to reduce overtime costs and provided funding by charging all law enforcement agencies in Miami-Dade County. Costs are based on the percentage of associated misdemeanor cases at the Metro Justice Building for each agency and an applied percentage ratio is based on total program cost. The total costs to the City of South Miami FY 2024 Budget is $9,331.24. FUNDING:001-1910-521-3450 Police Contractual Services ATTACHMENTS:Invoice & Supporting Documentation Historical Documentation Resolution 2 5 05/31/00 WED 15:oo FAX 305 418 7221 MDPD DCB ll)OMESTIC CRIMES BUREAU ! 7875 N.W. 12 STREET ! MIAMI, FL. 33126 i PHONE: 418-7200 FAX: 418-7221 ! ' FAX COVER SHEET (._) Confidential, requires immediate pickup. ' ' SUBJECT: C!ooritlutr:J/,,v~bfj '&:~ ~u«!..J ~n, 6,.;-rie;~ I REMARKS: _______ _ ! 1 ,5 PAGES, INCLU~)ING COVER SHEET. Iii 001 6 05/31/00 WED 15:0l FAX 305 418 7221 MDPD DCB • STATE ATTORNEY ELEVENTH JUDrCJAL CIRCUIT OF FLORJDA E. R. GRAHAM BUILDING 1350 N.W. 12TH AVENUE MIAMI, FLORIDA 33136-2111 14)002 KA TIURINE FERNANDEZ RUNDLE STATE ATTORNEY T~LEPHONE (305} S47-0100 • • March 13, 2000 Carlos Alvarez, President Dade County Chiefs of Police Association Miami-Dade Police Department 9105 NW 25 Street Miami, FL 33172 Re: County Court Standby Program Dear Chief Alvarez: The annual operating budget approved for the County Court Standby Program included funding from the Dade Cowity Chief of Police in the amount of $146,764.00. Please authorize the issuance of a check in that amount payable to Miami-Dade County Board of County Commissioners. Please forward the check to me for deposit with the County. Thank you for your attention and cooperation in this matter. Please contract me at (305) 547- 0558 if you have questions regarding this request. Sincerely, KATHERINE FERNANDEZ RUNDLE State Attorney By ~=;/2,.JJ _.AiaronSavoldy ~{P Assistant Fiscal Direcror 0 Pleasl'l Recy-c:le 7 05/31/00 WED 15:0l FAX 305 418 7221 MDPD DCB • I PROGRAM OPERATIONS FUND CONTRIBUTIONS FOR JULY 1, 1999 THROUGH JUNE 30, 2000 Aventura ~ l.f3t. L-$ ~ fp..lii!EMft'IJ Bal Harbour $ Bay Harbor Islands Jt>l"fN (}-e<:.fi fl.t> tJ BOtl.-1 ,-.I Biscayne Park $ Coral Gables ~ 51<;"" "'~ EIPortal $ Florida City $ ~~ ~o Golden Beach $ Hialeah ..---~~Oo 0ot.A-fJD.S $ Hialeah Gardens $ Homestead $ Indian Creek Village $ Key Biscayne t'\1ufAa ft.1~ $ Medley $ Miami µ.;.i1,.. t-Af\il.TttlE Z.. $ f-.\t\-\'t,W ~ ~-n, Miami Beach $ ¼iami-Dade PD CM-1.oS lft-t/~l:i1-$ .M-0 r,llA.f~ NJ'(}tot-' '1 7,£(.c.j\ Miami Shores $ Miami Springs ~1r Ou~"f $ Miccosukee $ 'North Bay Village AtltN leL-E: $ ··nib""~ f7\060 North Miami $ North Miami Beach 8u &.~ Opa-Locka $ Pinecrest ,;r1>\tN ~1'~ $ South Miami $ Sunny Isles Beach ~--0 MMJ $ L~'t f3.;ii71!M.c.lZJL Surfside $ Sweetwater JGS"vS' ~fi.f-)HA(.. $ Virginia Gardens $ West Miami -'f'AT ~' '"'-S Annual 1,961.46 764.64 797.88 265.96 5,418.94 531.92 864.37 498.68 11,303.30 1,030.60 2,493.38 631.66 930.86 1,063.84 37,134.37 12,566.61 150,000.00 1,130.33 1,429.54 565.17 797.88 3,989.40 3,490.73 1,263,31 1,097.09 1,828.48 1,097.09 731.39 698.15 465.43 498.68 TOT AL S 247,34l.36 • I -A I~ ~ e:-rJ 5 ffl0f'4£{~ nPA uo~ ~Mf1\-Mt v A ~e:1" ..5 $ $ $ $ $ $ Two Year 3,922.91 1,529.27 1,595.76 531.92 10,837.87 1,063.84 $ 1,728.74 $ 997.35 $ 22,606.60 $ 2,061.19 $ 4,986.75 $ 1,263.31 $ 1,861.72 $ 2)27.68 $ 74,269.33 $ 25,133.22 $ 300,000.00 $ 2,260.66 $ 2,859.07 $ 1,130.33 $ 1,595.76 $ 7,978.80 $ 6,981.45 $ 2,526.62 $ 2,194.17 $ 3,656.95 $ 2,194.17 $ 1,462.78 $ 1,396.29 $ 930.86 $ 997 .35 S 494,682.72 ll]003 8 I 05/31/00 WED 15:01 FAX 305 418 7221 MDPD DCB • • • I PROGRAM OPERATIONS FUND CONTRIBUTIONS FOR JULY 1, 1999 THROUGH JUNE 30, 2000 Salary Per Em~Io:rce Quantity Annual Cost Victim Witness Counselor I $ 18,394.00 1 1 $ 202,334.00 Benefits FICA 6.20% $ 1,140.43 $ 12,544.71 MICA 1.45% $ 266.71 $ 2,933.84 Retirement 15% $ 2,759.10 $ 30,350.10 Life 0.02% $ 3.68 $ 40.47 Health 24% $ 4,414.56 $ 48,560-16 Total Fringe Benefits $ 8,584.48 $ 94,429.28 TOTAL COSTS $26,978.48 $296,763.28 Deposits Withdrawal PAYMEN1' 11/30/99 $ 963.96 1/31/00 $ 1,063.41 Key Biscayne PD Medley PD Miami-Dade PD Payment $150,000.00(by journal entry) 4/30/00 $100,000.00 Two Year Cost $ 404,668.00 $ 25,089.42 $ 5,867.69 $ 60,700.20 $ 80.93 $ 97,120.32 $ 188,858.56 $ 593,526.56 lgi004 9 Page 2 • --,...---------------------_-_---_---------------------_-----------------_-----_---------------_-...... - Dade Chiefs News MEMBERSHIP REPORT Chairman • Inpxtant, arrl I w::uld like to erm.rra:J= every Chlef, SPC, arrl Dire::tor to te there arrl to invite rratters of tlEir staff arrl tlEir lcx:al officials as v.ell. M:i:yor ~ has agree::i to te a.rr keyrnte ~. DJ.r:i.rg a.rr Ppril ses.sim, Ec8rrl unan:irrr.:usl y ai:pr.ove:i tlE :re::x::rcrrerdtims for Grant P.rcgran :funjjn:J ar- eas. Ridm:d Hn:ris, Byrre Lt CcmdirB.tor, will te for:w:rrd.i.ng each city in:B • m relatirg to this y:Br' s allcx::atim in tlE very rEar ..,_u. .... ~--, as v-Ell as rrore ~ cific infomatim relatirg tlE pra;:p:an areas tlE.t will te avai Jable . The American Society for Ind Security is asking that we remind members of the Law Enforcement ppreciation Dinner that will take place on May 12th, 1999 at the Mi osukkee Indian Reservation Banquet Hall. For more information please ontact Phil Bomeisl at 305-651- 7482. Chief Hernan Cardeno o.•••••••••~~~u~~~~ :, FIRST READING • ♦ • ♦ NEW MEMBERS: • •• • • • • • ♦ SENIOR JUVENILE JUSTICE MANAGER • ., . ♦ RON WILLIAMS • ·• ACTIVE • . •-♦: ♦ ~ .................. ~ 10 1e_ MBPD CHIEF OFFICE Fax:3056737065 Jun 29 '98 11=24 P.02 Date: To: Fr MIAMI BEACH 1./C April 15, 1997 Dade County Chiefs of Police Association Members ssistant Chief James Scarbeny Operations Bureau County Court -Standby Program ··Memorandum (see attached memo to Chief Each dated 3/13/97) As the attachment outlines, we have come a long way. The Pilot Program is in place and is effective for Judge Graham's Division on Monday, April 28, 1997; therefore, Officers within your agency could be receiving standby subpoenas for County Court cases scheduled in Judge Graham's Courtroom (1-4). The Pilot Program functions in the following manner: Judge Graham's calendar for the trial week of April 28, 1997 will have a "sounding" or "calendar call" the preceding Thursday, April 24, 1997. All officers and witnesses are on standby for a specific date during the calendar week. The officer's availability for trial is all that is required (as with Felony standby subpoenas). Assistant State Attorneys and Defense Attorneys are present for the soundings and only those cases announcing ready and requiring the appearance of victims, witnesses, and officers will be set for mandatory appearance on the appropriate date and time. On each Friday, the Victim/Witness Cool'dinator will notify all civilians, court liaison offices, or departmental designees, of the requirement for officer appearance. Officers should not appear for standby subpoenas without additional notification. A contact number for the Victim/Witness Coordinator is supplied on the standby subpoena. This Pilot Program will require adjustments and modifications as it is fully implemented. It will not be without resistance from both outside and inside forces. Our goal is to extend this program as it develops to include all eight Judges within the County Court Division. This will require the cooperation and assistance of each of us. Our part, as Dade Chiefs, is to ensure our officers' cooperation, to continue scrutinizing arrest forms for abuses and lack of key elements and information, to pursue additional funding sources for the required Victim/Witness Coordinators, and to establish a method for tracking our success. The Dade Chiefs Association has worked very closely with the State Attorneys Office and has enjoyed a great spirit of cooperation. We must thank Ms. Isis Perez for that experience. Attachments JS/led f;\ ... scarberry\pilot.wpd 11 • re • MBPD CHIEF OFFICE Fax:3056737065 Jun 29 '98 11:24 P.03 ··Memorandum Date: March 13, 1997 To: Kenneth Each ef of Police, North Miami Police From es Scarberry istant Chief of Police Subject: Dade Chiefs/ County Court Issues Committee I am providing this synopsis that should update you on the efforts and current successes of this Committee. I will first applaud the Board of Dade County Chiefs for recognizing this issue during the summer of 1996. I would also like to recognize Ms. Isis Perez, Chief Assistant State Attorney, County Court, who has been on board from the beginning and has played a significant role in all recommendations and efforts at implementation. The first meeting occurred on October 3, 1996 at Coral Gables Police Department The urgency of the matter was established and an immediate follow-up meeting occurred on October 8, 1996, hosted by Miami Shores Police Department It was during this meeting, and subsequent meetings, that a solution to the issue of both Police Officer and civilian victim/witness unnecessary court appearances was formulated. The proposal is for a pre-trial calendar call or sounding; Broward County currently utilizes this sy:stem with great success. During this meeting, the Committee was established: myself, Chief Matarese of Indian Creek, Lt. Alfaro of Miami and Isis Perez of State Attorney's Office. As President of Dade Chiefs, you appointed me the Committee Chairperson. The Committee has continued to pursue this matter, organizing Committee Meetings and Dade Chiefs Advisory Meetings on: October 22, 1996 at Indian Creek Police Department; November 20, 1996 and December 20, 1996 at Miami Shores Country Club. County Court Judges, including Catherine M. Pooler - Administrative Judge, have attended several of our meetings and provided input and cooperation. Defense Attorney Robert Reiff and Public Defender Carlos Martinez attended our meeting on December 11, 1996, providing their feedback. Myself and Chief Barreto met with State Representative Elaine Bloom on December 24, 1996. We discussed the issues in detail and have asked for her support in soliciting state funding. A follow~up meeting with Rep. Bloom and State Senator Ron Silver is to be set. We have overcome several obstacles confronting us: Victim/Witness Coordinators (Dade Chiefs, with contributions from seven agencies, will provide the initial funding for the pilot program), Court Clerk's Office (SAO has coordinated their cooperation), and Judges (are volunteering and cooperating) . 12 MBPD CHIEF OFFICE Fax:3056737065 Jun 29 '98 11:25 P.04 l\tIAIMI BEACH POLICE DEPARTMENT COUNTY COURT STAND-BY PILOT PROGRAM -WEEKLY REPORT FY98 WEEK OF Stand by issued 10/6/97 26 10/13 17 10/20 34 10/27 20 11/03 30 11/10 20 11/17 30 11/24* 0 12/1 38 12/8 36 12/15 26 12/22 -2/2/98 0 2/2/98 19 2/9 18 2/16 6 2/23 25 2126 --34 3/9 25 3/16 22 3/23 22 3/30 20 4/13 66 4/20 65 Officers Required 0 22 9 5 6 0 18 22 15 0 2 7 "' ..) 9 11 12 15 11 6 47 14 Officers Eliminated 8 9 5 3 13 8 12 0 12 7 10 0 9 I 2 9 11 7 4 3 8 8 24 Had other cases 8 8 7 8 12 6 8 0 8 7 I 0 8 7 12 6 3 8 6 11 27 13 MBPD CHIEF OFFICE Fax:3056737065 Jun 29 '98 11:25 P.05 MAIMI BEACH POLICE DEPARTMENT COUNTY COURT ST AND-BY PILOT PROGRAM -WEEKLY REPORT WEEK OF Stand by Officers Officers Had other cases issued Required Eliminated 4/27 99 46 29 24 5/4 107 35 35 37 TOTAL 872 366 258 248 Savings $24,768 F:\POLl\@ALL\JS\FY98\11_10.WPD i !. ' -.- • -- 14 ••Dade Chiefs News• • • Volume 4 Issue 10 -October 1999 *****~·~·~.K~.*~.1+++.+~.*++++++++++~.r+~.P++++++~.k, p'.{-~-~-~ ~ ~ ~ ~ ]Z!-µr ~-~-~-p(-~"' ~ ~ ~-~-N ~ w ~-~:r ~-~-1:z:r w· ~ jr The Dade County Association of Chiefs of Police * ********************************** Minutes of Executive Board Meeting October 7th, 1999 The meeting began at 12:15 p.m. and was chaired by President Alvarez. The guest speaker's were Ronald Grimming from the Miami-Dade Community College Criminal Justice In- stitute and Howard Bell of the State Attorney's Office. The Membership report was distributed by Chair Cardena and a motion obtained to pass on a reading. The Treasurers report was read by Exec. Treasurer Vera which showed the organization doing well finan- cially. Training Chair Berger handed out a small package, included, on current training and other is- sues . Program Chair Martinez discussed the December dinner which will be sponsored by Unisys and the City of Miami as in previous years. There was no November sponsor as of this meeting and information will be forthcoming. Chair Zecca passed out the proposed by-law changes, enclosed, and asked that everyone review very carefully and forward their input to the committee, via memo or letter, on their views of the changes. Correspondence will be accepted until the December dinner meeting. All remarks will be reviewed by the committee and the formal changes will be mailed to each member by the February dinner. A final vote will take place in March of 2000. This is a very important issue and the Executive Board asks that all members take a part in these changes. A/Chief Brooks brought up concerns over the by-law change that eliminates most active members voting rights. Guest speaker Grimming discussed the concerns of many police chiefs and went over the policies and pro- cedures of investigations at the college. He made an offer to all police chiefs to call him with any ques- tions they might have concerning the colleges procedures in these cases. He stated that he was unaware of a media presence during his committee meeting where the involved cadets were discussed and apolo- gized for that incident. Chair Janosky brought a few representatives from the State Attorney's Office reference the court over- time project. While there was no question about the continuation of the project, there were questions as to the initial promise of only funding it for one year and their new request to fund for an additional two years. There also was the issue of only S agencies sending in their allotted money for this funding. If you don't know if you have paid or not, please contact Nannette Murray at (305) 947-4440 and see if your name is on the list of non-paying agencies. A motion was taken and approved to allow the Byrne Grant money slated for Home- stead to be transferred to the City of El Portal. 15 !lage2 Dade Chiefs News • Chief Berger asked that the Dade Chiefs fund this yearli training day. A $500.00 fee was approved by the / Executive Board. • Vice President Matarese exhibited the Badge design for the Dade Chief polo shirts he has been working on. The badge design was approved by the board and the shirts are expe ted to be available for sale at the November dinner meeting. Meeting Adjourned at 2: 15 p.m. . I OFFICERS OF THEM NTH i i I Sergeant Nelson An reu, I '! i Detective Carlos Avila and I 9 I Detective Jack Cal var of the i • I Miami Police Depar ment ~ i: THE OCTOBER DINNER MEETING WILL BE HELD AT The Miami Shores County Club Located at 10000 Biscayne Blvd Miami Shores, Florida THE DINNER IS SPONSORED BY THE NORTH MIAMI POLICE DEPARTMENT AND THE MIAMI SHORES POLICE DEPARTMENT RSVP TO VERNET OR DIANA AT 891-0294 *4100 16 •• • I. • PROPOSED COUNTY COURT STANDBY PROGRAM OPERATIONS FUND CONTRIBUTIONS July 1, 1999 through June 30, 2001 FIXED CONTRIBUTIONS State's Attorney Office Miami-Dade Police Department Total Fixed Contributions Funds Now in Program TOTAL PROGRAM COSTS Total Obligated/Available OTHER AGENCY CONTRIBUTIONS Other Agency Contributions $ 194,678 Sworn Personnel In Other Aaencies Divided by 2928 Equals Sworn Personnel (Actual Staffing May Vary) $ $ $ $ $ Annual Two Year Total 80,086 $ 160,172 150,000 $ 300,000 230,086 $ 460,172 $ 98,850 $ 559,022 376,849 $ 753,698 $ 559,020 194,6 Per Sworn Officer Annual Two-Years 33.24 $ 66.48 Aventura 59 $ 1,961.41 $ 3,922.82 Bal Harbour 23 • • •• • $ 764.62 $ 1,529.24 Bay Harbor Islands ........................... 24 .................... $ ........... 797.86 _. $ ........ 1,595.72 . Biscayne Park 8 $ 265.95 $ 531.90 Coral Gables 163 • $ 5,418.80 $ 10,837.60 El Portal • • 15····· ••••••••• ··$-• 531.91 $ 1,063.82 Florida City .................................... 26 .................... $ ........... 864.35 .. $ ....... 1,728.70 . Golden Beach 15 $ 498.66 $ 997.32 Hialeah • • 340 •••••• ••• • $ 11,303.03 $ 22,606.06 Hialeah Gardens 31 $ 1,030.57 $ 2,061.14 Homestead • • • • • •• 75 • •• ••• ••• • $ 2,493.31 $ 4,986.62 Indian Creek Village 19 $ 631.64 $ 1,263.28 Key Biscayne .................................. 28 .................... $ ........... 930.84 .. $ ....... 1,861.68 .• Medley ........................................ 32 .................... $ ......... 1,063.81 __ $ ........ 2,127.62. Miami 1117 $ 37,133.76 $ 74,267.52 Miami Beach··· ••••••••••• ••• ••• •• ----·378 • ••• ······--· •• $ 12,566.31 $ 25,132.62 Miami Shores 34 $ 1,130.30 $ 2,260.60 Miami Springs_ ................................. 43 .................... $ ......... 1.429.50 .. $ ........ 2,859.00. • Miccosukee 17 $ 565.15 $ 1,130.30 North Bay VillaQe ............................. 24 .................... $ ........... 797.86 __ $ ........ 1,595.72 .•• North Miami 120 $ 3,989.30 $ 7,978.60 North Miami Beach 105 $ 3,490.64 $ 6,981.28 Opa-locka ..................................... 38 .................... $ ......... 1,263.28 .. $ ....... 2,526.56 . • Pinecrest 33 $ 1,097.06 $ 2,194.12 ~~i?:~~each ____________________________ ~ --------------------i---ctffl _ __ ~: 1 ~: 1! Sweetwater·······-········· •• ••• •• ·····2{·· •• • • $ • 698.13 $ 1,396.26 Virginia Gardens .............................. 14 .................... $ ........... 465.42 __ $ .......... 930.84. West Miami 15 $ 498.66 $ 997 .32 ----------------------------------------------------------------------------------------------------------------------- TOTAL 2928 $ 97,339.00 194,678. 17 COUNTY COURT STANDBY Apr-97 May-97 Jun-97 Jul-97 Aug-97 Sep-97 Oct-97 Nov-97 Dec-97 Jan-98 MDPD-Cases at Sounding 19 361 202 348 132 258 338 177 171 80 MDPD Cases Pied/Continued 11 290 130 277 112 219 276 151 148 71 Cases to Be heard 9 71 72 71 20 39 62 26 23 9 Subpoenas Issued 117 948 476 762 278 556 799 392 248 175 Duplication of officers 46 593 241 403 129 313 426 219 113 87 Number of Officers subpoenned 71 358 235 359 149 243 373 173 135 88 Number of Officers not having to appear 36 226 136 182 113 188 216 132 105 71 Number of Officers on duty 10 45 32 55 33 54 59 43 31 20 Work-hours saved 30 150 96 165 99 162 177 129 93 60 Number of officers off duty 26 175 104 126 78 134 157 89 74 51 Number of officers at 3 Hrs. Minimum 8 102 54 64 43 55 56 41 30 23 Projected Savings 1,000.44 12,754.08 6,752.16 8,252.64 5,376.72 6,877.20 7,100.79 5,216.43 3,816.90 2,926.29 Number of officers at 2 hours Minimum 18 72 50 60 35 79 101 48 44 28 Projected Savings 1,500.48 6,001.92 4,168.00 5,001.60 2,917.60 6,585.44 8,539.08 4,071.36 3,732.08 2,374.96 I Total Projected Savings 2,500.92 18,756.00 10,920.16 13,254.24 8,294.32 13,462.64 15,639.87 9,287.79 7,548.98 5,301.25 I Total work-hours since inception 30 180 276 441 540 702 879 1,008 1,101 1,161 Total projected Savin since inception 2,500.92 21,256.92 32,177.08 45,431.32 53,725.64 67,188.28 82,828.15 92,115.94 99,664.92 104,966.17 I Total Savings FYTD 2,500.92 21,256.92 32,177.08 45,431.32 53,725.64 67,188.28 15,639.87 24,927.66 32,476.64 37,777.89 TotalWork-hours FYTD 30 180 276 441 540 702 177 306 399 459 I Total Savings CYTD I 2,500.92 21,256.92 32,177.08 45,431.32 53,725.64 67,188.28 82,828.15 92,115.94 99,664.92 5,301.25 .. Total work-hours CYTD 30 180 276 441 540 702 879 1008 1101 6Q c ,_, .. • • 18 Feb-98 Mar-98 Apr-98 May-98 Jun-98 Jul-98 Aug-98 Sep-98 Oct-98 Nov-98 Dec-98 Jan-99 267 429 1040 1100 1209 934 1308 1659 2736 1661 1558 2106 233 291 866 941 1017 761 1058 1376 2294 1415 1361 1798 34 138 174 159 192 173 250 283 442 246 197 308 519 I 905 2134 2359 2921 2271 2817 3204 5330 3280 2805 3898 243 456 1097 1340 1582 1148 1554 1526 2683 1680 1453 1866 276 449 1037 1019 1339 1123 1263 1678 2647 1600 1352 2032 159 276 631 728 937 607 786 1199 . 1740 1113 982 1440 48 77 176 202 267 170 220 335 486 309 274 402 144 231 528 606 801 510 660 1005 1458 927 822 1206 111 199 455 526 670 437 566 864 1254 804 708 1038 44 92 213 245 321 201 263 401 583 373 327 482 5,598.12 11,705.16 27,099.99 31,171.35 40,840.83 25,573.23 33,461.49 51,019.23 74,717.28 47,803.68 41,908.32 61,773.12 67 107 242 281 349 236 303 463 671 431 381 556 5,682.94 9,075.74 20,526.44 23,834.42 29,602.18 20,017.52 25,700.46 39,271.66 57,330.24 36,824.64 32,552.64 47,504.64 11,281.06 20,780.90 47,626.43 55,005.77 70,443.01 45,590.75 59,161.95 90,290.89 132,047.52 84,628.32 74,460.96 109,277.76 1,305 1,536 2,064 2,670 3,471 3,981 4,641 5,646 7,104 8,031 8,853 10,059 116,247.23 137,028.13 184,654.56 239,660.33 310,103.34 355,694.09 414,856.04 505,146.93 637,194.45 721,822.77 796,283.73 905,561.49 49,058.95 69,839.85 117,466.28 172,472.05 242,915.06 288,505.81 347,667.76 437,958.65 132,047.52 216,675.84 291,136.80 400,414.56 603 834 1362 1968 2769 3279 3939 4944 1458 2385 3207 4413 16,582.31 37,363.21 84,989.64 139,995.41 210,438.42 256,029.17 315,191.12 405,482.01 537,529.53 622,157.85 696,618.81 109,277.76 204 435 963 1569 2370 2880 3540 4545 6003 6930 7752 1206 • • 19 Feb-99 Mar-99 Apr-99 May-99 Jun-99 Jul-99 Aug-99 Sep-99 Oct-99 2152 2379 2753 2,383 2,526 2595 2435 2481 0 1874 1947 2344 2,049 2,215 2241 2117 2120 0 278 432 409 334 311 354 318 361 0 4112 4588 5175 4,565 5,132 5091 5017 4962 1951 2233 2569 2,421 2,790 2698 2752 2676 2161 2355 2606 2,144 2,342 2393 2265 2286 0 1642 1666 1878 1,560 1,749 1766 1670 1683 457 464 525 517 577 583 550 556 1371 1392 1575 1,551 1,731 1749 1650 1668 0 1185 1202 1353 1,043 1,172 1183 1120 1127 553 558 631 412 465 467 444 447 70,872.48 71,513.28 80,868.96 52,801.92 59,594.40 $58,914.18 $ 55,184.76 $ 55,557.63 632 644 722 6.31 707 716 676 680 53,998.08 55,023.36 61,687.68 53,912.64 60,406.08 $60,210.12 $ 56,013.36 $ 56,344.80 0 124,870.56 126,536.64 142,556.64 106,714.56 $ 120,000.48 $119,124.30 $ 111,198.12 $ 111,902.43 1650 1668 11,430 12,822 14,397 15,948 17,679 19,428 21,078 /' 22,746 , 1,o30,432.05 1,156,968.69 1,299,525.33 1,406,239.89 1,526,240.37 1,645,364.67 1,756,562.79 { 1,868,465.22 / 525,285.12 651,821.76 794,378.40 901,092.96 $ 1,021,093.44 $ 1,140,217.74 $ 1,251,415.86 $ 1,363,318.29 5784 7176 8751 10302 12,033 13,782 15,432 17100 234,148.32 360,684.96 503,241.60 609,956.16 $ 729,956.64 $ 849,080.94 $ 960,279.06 $ 1,072,181.49 2577 3969 5544 7095 8,826 10,575 12,225 13893 • 20 Domestic Violence Since Inception Jan-July Jan-Aug Jan-Sept Jan-Oct Jan-Nov Jan-Dec Jul-98-Jan99 MDPD Cases at Sounding 62 154 217 429 723 1054 1352 MDPD Cases Pied/Continued 39 102 145 289 494 716 924 MDPD Cases to be heard 23 52 72 140 229 338 428 Subpoenas Issued 80 198 273 542 920 1361 1759 Duplication of Officers 0 3 3 7 14 25 30 Number of officers subpoenaed 80 195 270 535 906 1336 1729 Number of officers not having to appea 38 101 146 293 520 747 969 Number of officers on duty 11 29 42 83 146 209 270 Man Hours saved 33 87 126 249 438 627 810 Number of officers off-duty 27 72 104 210 374 538 699 Number of officers at 3 hours minimun 13 34 49 97 172 248 324 Projected savings $ 1,653.99 $ 4,325.82 $ 6,234.27 $ 12,385.95 $ 21,997.95 $ 31,738.11 $ 41,478.27 Number of officers at 2 hours minimurr 14 38 55 113 202 290 375 Projected savings $ 1,187.48 $ 3,223.16 $ 4,665.10 $ 9,620.62 $ 17,224.78 $ 24,743.50 $ 32,005.90 Total Projected Savings $ 2,841.47 $ 7,548.98 $ 10,899.92 $ 22,007.12 $ 39,223.28 $ 56,482.16 $ 73,484.72 Total Man Hours 33 87 213 336 525 714 897 • 21 Jul-98-Feb-99 Jul-98-Mar-99 Jul-98-April-99 Jul98-May-99 Jul-98-June99 Jul-98-July99 Jul-98-Aug-99 Jul98-Sept-99 1630 1927 2215 2464 2719 3018 3317 3626 1091 1275 1451 1613 1793 1992 2222 2455 539 652 764 851 926 1026 1095 1171 2173 2606 2973 3304 3640 4050 4394 4789 32 42 45 50 52 57 59 68 2141 2564 2928 3254 3588 3993 4335 4721 1149 1350 1541 1717 1915 2143 2390 2631 319 376 431 483 543 612 686 759 957 1128 1293 1449 1629 1836 2058 2277 830 974 1110 1234 1372 1531 1704 1872 386 453 517 567 620 681 748 813 $ 49,424.19 $ 58,010.91 $ 66,213.15 $ 72,621.15 $ 79,413.63 $ 87,099.82 $ 95,427.25 $ 103,506.10 444 521 593 667 752 850 956 1059 $ 37,901.26 $ 44,480.14 $ 50,631.82 $ 56,954.38 $ 64,216.78 $ 72,448.00 $ 81,231.16 $ 89,765.74 ~,,,.-. -" ~ $ 87,326.00 $ 102,491.60 $ 116,845.52 $ 129,576.08 $ 143,630.96 $ 159,548.37 $ 176,658.961 I-'$ 193,272.39 \ 1044 1215 1380 1536 1716 1923 2145 I\.. 2364 / 22 • I OFFICERS President Richard Barreto, Chief Miami Beach Police Vice President Carlos Alvarez, Director Miami Dade Police Secretary Leonard Matarese, Chief Indian Creek Public Safety Treasurer Thomas Hood, Chief North Miami Police • Executive Secretary John Ross, Chief • Bay Harbor Islands Police Past President Donald Warshaw, Chief Miami Police DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE P.O. Box 546706 SURFSIDE, FLORIDA 33154-0706 November 18, 1998 Judge Joseph Farina Chief, Administrative Division Dade County Courthouse 73 West Flagler Street Miami, FL 33130 Dear Judge Farina, I recently received a call from Harvey Ruvin, the Clerk of the Courts, and subsequently received a copy of a letter from him to you, relating to the dramatic increase in traffic appearances and the complications that this is causing the court and the Clerk's office. Please let me assure you that as President of the Dade County Association of Chiefs of Police, I am equally concerned with this most recent phenomena. I realize that there may be some feeling that law enforcement officers are contributing to this issue by encouraging people to appear in court. It is my position that law enforcement officers have a duty to apprise any individual of the options that are available to him/her upon receiving a notice of violation. I have no evidence that officers in Miami Dade County or in the municipalities within are in any way abusing that responsibility. Nonetheless, law enforcement is concerned with the impact on the courts and on the Clerk's office, and, as such, stand ready to be part of any dialogue organized for the purpose of defining the problem and seeking solutions. 23 I r • • I PAGE 2 Should you desire to organize a meeting for such purpose, I would be more than pleased to attend and represent the Miami Dade County Chiefs. Respectfully, R~i?R~~E~ President Dade County Association of Chiefs of Police RRB:js cc: Harvey Ruvin DCACP Executive Board 24• 25• 26 Steps are taken to curb police overtime abuse Monitoring is planned By JEFF LEEN, GAIL EPSTEI" And USA GETTER Herald Staff Writers -The Collars for Dollars era is coming to an end. Driven to bait police overtime waste and abuse, Dade· County9s judges, prosecutors and police have come together to expand a· pilot program that will reduce unnecessary l)Olice wit- . nesses in drunk-dnving and other misdemeanor cases. Dade police departments pro- ject the program will save more than $1 million a -year . . For decades, any midnight shift police officer'. listed as a wit- ness in a DUI or other misde- meanor case got an automatic COLLARS FOR subpoena to ap~r in court - • at time and-a half-even if the DOLLARS -officer wasn't needed' to prose- cute the case. - A recent Herald investigative series, Collars for Dollars, found hundreds of offi- cers going to co~rt in thousands of cases in which they had no essential role. Some police officers, aware of lthe -ease -of getting subpoenaed, deliber- ately ''piggybacked'' on cases_, Th__ e Herald found. Dade StateAttorney Katherine Fernandez.Run ... die said· The Herald's series provided rhomentum ~SE SEE_ COLLARI, 14A • 27 8 9 10 11 12 13 15 16 17 18 19 20 7 8 9 10 11 12 22 23 24 25 26 27 14 15 16 17 18 19 21 22 23 24 25 26 28 29 30 28•-- 29• • 30• • 31 32 State Attorney Contribution $ 160,172 Metro-Dade Police Contribution 300,000 Total (460,172) Remainder Due From Dade Chiefs 293,528 The Budget indicated this remainder was to be paid with the $98,850 which had previously been collected and which was sitting in the Dade Chiefs' treasury and additional collections from the departments of $97,339 per year. • 33 34 Toward the total amount of $293,528 due for the budget period July 1, 1999 -June 30, 2001 (which ended 1 month ago), the Dade Chiefs have made the follow payments: April 10, 2000 $100,000.00 June 7, 2001 Total BALANCE DUE -• ---------- ------------------- 93,796.55 $193,796.55 $ 99,731.45 • • 35• 36 Based on a random sample week picked tp.e week of November 6, 2000 to examine: Using mandatory subpoena system-1260 Officers would be subpoenaed Cases put on "ready status" 400 Officers needed Officers not needed 860 Officers Overtime for "Not needed Officers" if NO STANDBY SYSTEM= $66.50 (2 hr/min) x 860 Officers=;:: $57,190 for 1 week Savings for 1 year of 50 weeks = $2,859,500 for 1 year Savings for 2 year budget period= $5,719,000 Total Cost to Law Enforcement to save $ 5,719,000 -$ 593,528 37 TWO YEAR OPERATING BUDGET for the period 111101 -(i/30/2QQ3 l!C21ZQS~ fulldine bl'. Da,k Chkfl 12( r1211i:,. Salaries: Victim Witness Counselor I Benefits: FICA Retirement Life Health State Attorney's Office Salary Q>ntrlbgtfon; Salaries: Standby Unit Supervisor Victim Witness Coordinator Benefits: Retirement Life Health Total Fringe Benefits Total Salaries and Benefits Total Program Costs E.IE 11 ~ 7.65% 7.30% 0.20% 22.00% 7.65% 7.30% 0.20% 16.58% 31.73% * SAO provides over 20% of pro.gram staffm.g co~ . • AI!iil'll~ AullWll vw Siui.o: 19,662.00 1,504.00 1,435.00 39.00 26i966.00 * Onll(l)Ys:Ar Two(Z)Xmr ~ ~ 216,282.00 432,564.00 16,544.00 33,088.00 15,785.00 31,570.00 429.00 858.00 47,586.00 80 344,00 296,626.00 41,380.00 82,760.00 23,754.00 47,508.00 65,134.00 130,268.00 4,983.00 9,966.00 4,755.00 9,510.00 130.00 260.00 10,800.00 21,600.00 20,668.00 41,336.00 85,802.00 171,604;00 382,428.00 764,856.00 38• 39 . . • 40 I I ~ ' ' ' ; County Court Standby Since Inception Projected Savings Work Hours $1,868,465.22 22,746 • Domestic Violence Standby Since Inception Projected Savings Work Hours Total Projected Savings Work Hours $193,272.39 2364 $2,061,737.61 25,110 41 COUNTY COURT STANDBY Apr-97 May-97 Jun-97 Jul-97 Aug-97 Sep-97 Oct-97 Nov-97 Dec-97 Jan-98 MDPD-Cases at Sounding 19 361 202 348 132 258 338 177 171 80 MDPD Cases Fled/Continued 11 290 130 277 112 219 276 151 148 71 Cases to Be heard 9 71 72 71 20 39 62 26 23 9 Subpoenas Issued 117 948 476 762 278 556 799 392 248 175 Duplication of officers 46 593 241 403 129 313 426 219 113 87 Number of Officers subpoenaed 71 358 235 359 149 243 373 173 135 88 Number of Officers not having to appear 36 226 136 182 113 188 216 132 105 71 Number of Officers on duty 10 45 32 55 33 54 59 43 31 20 Work-hours saved 30 150 96 165 99 162 177 129 93 60 Number of officers off duty 26 175 104 126 78 134 157 89 74 51 Number of officers at 3 Hrs. Minimum 8 102 54 64 43 55 56 41 30 23 Projected Savings 1,000.44 12,754.08 6,752.16 8,252.64 5,376.72 6,877.20 7,100.79 5,216.43 3,816.90 2,926.29 Number of officers at 2 hours Minimum 18 72 50 60 35 79 101 48 44 28 Projected Savings 1,500.48 6,001.92 4,168.00 5,001.60 2,917.60 6,585.44 8,539.08 4,071.36 3,732.08 2,374.96 Total Projected Savings 2,500.92 18,756.00 10,920.16 13,254.24 8,294.32 13,462.64 15,639.87 9,287.79 7,548.98 5,301.25 Total work-hours since inception 30 180 276 441 540 702 879 1,008 1,101 1,161 Total projected Savin since inception 2,500.92 21,256.92 32,177.08 45,431.32 53,725.64 67,188.28 82,828.15 92,115.94 99,664.92 104,966.17 I Total Savings FYTD 2,500.92 21,256.92 32,177.08 45,431.32 53,725.64 67,188.28 15,639.87 24,927.66 32,476.64 37,777.89 TotalWork-hours FYTD 30 180 276 441 540 702 177 306 399 459 I Total Savings CYTD 2,500.92 21,256.92 32,177.08 45,431.32 53,725.64 67,188.28 82,828.15 92,115.94 99,664.92 5,3oqs _ Total work-hours CYTD 30 180 276 441 540 702 879 1008 1101 60 ~ -- • 42 Feb-98 Mar-98 Apr-98 May-98 Jun-98 Jul-98 Aug-98 Sep-98 Oct-98 Nov-98 Dec-98 Jan-99 267 429 1040 1100 1209 934 1308 1659 2736 1661 1558 2106 233 291 866 941 1017 761 1058 1376 2294 1415 1361 1798 34 138 174 159 192 173 250 283 442 246 197 308 519 I 905 2134 2359 2921 2271 2817 3204 5330 3280 2805 3898 243 456 1097 1340 1582 1148 1554 1526 2683 1680 1453 1866 276 449 1037 1019 1339 1123 1263 1678 2647 1600 1352 2032 159 276 631 728 937 607 786 1199 1740 1113 982 1440 48 77 176 202 267 170 220 335 486 309 274 402 144 231 528 606 801 510 660 1005 1458 927 822 1206 11 l 199 455 526 670 437 566 864 1254 804 708 1038 44 92 213 245 321 201 263 401 583 373 327 482 5,598.12 11,705.16 27,099.99 31,171.35 40,840.83 25,573.23 33,461.49 51,019.23 74,717.28 47,803.68 41,908.32 61,773.12 67 107 242 281 349 236 303 463 671 431 381 556 5,682.94 9,075.74 20,526.44 23,834.42 29,602.18 20,017.52 25,700.46 39,271.66 57,330.24 36,824.64 32,552.64 47,504.64 11,281.06 20,780.90 47,626.43 55,005.77 70,443.01 45,590.75 59,161.95 90,290.89 132,047.52 84,628.32 74,460.96 109,277.76 1,305 1,536 2,064 2,670 3,471 3,981 4,641 5,646 7,104 8,031 8,853 10,059 116,247.23 137,028.13 184,654.56 239,660.33 310,103.34 355,694.09 414,856.04 505,146.93 637,194.45 721,822.77 796,283.73 905,561.49 49,058.95 69,839.85 117,466.28 172,472.05 242,915.06 288,505.81 347,667.76 437,958.65 132,047.52 216,675.84 291,136.80 400,414.56 603 834 1362 1968 2769 3279 3939 4944 1458 2385 3207 4413 16,582.31 37,363.21 84,989.64 139,995.4 I 210,438.42 256,029.17 315,191.12 405,482.01 537,529.53 622,157.85 696,618.81 109,277.76 204 435 963 1569 2370 2880 3540 4545 6003 6930 7752 1206 • 43 Feb-99 Mar-99 Apr-99 May-99 Jun-99 Jul-99 Aug-99 Sep-99 Oct-99 2152 2379 2753 2,383 2,526 2595 2435 2481 0 1874 1947 2344 2,049 2,215 2241 2117 2120 0 278 432 409 334 311 354 318 361 0 4112 4588 5175 4,565 5,132 5091 5017 4962 1951 2233 2569 2,421 2,790 2698 2752 2676 2161 2355 2606 2,144 2,342 2393 2265 2286 0 1642 1666 1878 1,560 1,749 1766 1670 1683 457 464 525 517 577 583 550 556 1371 1392 1575 1,551 1,731 1749 1650 1668 0 1185 1202 1353 1,043 1,172 1183 1120 1127 553 558 631 412 465 467 444 447 70,872.48 71,513.28 80,868.96 52,801.92 59,594.40 $58,914.18 $ 55,184.76 $ 55,557.63 632 644 722 631 707 716 676 680 53,998.08 55,023.36 61,687.68 53,912.64 60,406.08 $60,210.12 $ 56,013.36 $ 56,344.80 0 124,870.56 126,536.64 142,556.64 106,714.56 $ 120,000.48 $119,124.30 $ 111,198.12 $ 111,902.43 1650 1668 11,430 12,822 14,397 15,948 17,679 19,428 21,078 r 22,746 , 1,030,432.05 l, 156,968.69 1,299,525.33 1,406,239.89 1,526,240.37 1,645,364.67 1,756,562.79 { 1,868,465.22 / 525,285.12 651,821.76 794,378.40 901,092.96 $ 1,021,093.44 $ 1,140,217.74 $1,251,415.86 $ 1,363,318.29 5784 7176 8751 10302 12,033 13,782 15,432 17100 234,148.32 360,684.96 503,241.60 609,956.16 $ 729,956.64 $ 849,080.94 $ 960,279.06 $ 1,072,181.49 2577 3969 5544 7095 8,826 10,575 12,225 13893 • • 44 Domestic Violence Since Inception Jan-July Jan-Aug Jan-Sept Jan-Oct Jan-Nov Jan-Dec Jul-98-Jan99 MDPD Cases at Sounding 62 154 217 429 723 1054 1352 MDPD Cases Pied/Continued 39 102 145 289 494 716 924 MDPD Cases to be heard 23 52 72 140 229 338 428 Subpoenas Issued 80 198 273 542 920 1361 1759 Duplication of Officers 0 3 3 7 14 25 30 Number of officers subpoenaed 80 195 270 535 906 1336 1729 Number of officers not having to appea· 38 101 146 293 520 747 969 Number of officers on duty 11 29 42 83 146 209 270 Man Hours saved 33 87 126 249 438 627 810 Number of officers off-duty 27 72 104 210 374 538 699 Number of officers at 3 hours minimurr 13 34 49 97 172 248 324 Projected savings $ 1,653.99 $ 4,325.82 $ 6,234.27 $ 12,385.95 $ 21,997.95 $ 31,738.11 $ 41,478.27 Number of officers at 2 hours minimun 14 38 55 113 202 290 375 Projected savings $ 1,187.48 $ 3,223.16 $ 4,665.10 $ 9,620.62 $ 17,224.78 $ 24,743.50 $ 32,005.90 Total Projected Savings $ 2,841.47 $ 7,548.98 $ 10,899.92 $ 22,007.12 $ 39,223.28 $ 56,482.16 $ 73,484.72 Total Man Hours 33 87 213 336 525 714 897 • • 45 Jul-98-Feb-99 Jul-98-Mar-99 Jul-98-April-99 Jul98-May-99 Jul-98-June99 Jul-98-July99 Jul-98-Aug-99 Jul98-Sept-99 1630 1927 2215 2464 2719 3018 3317 3626 1091 1275 1451 1613 1793 1992 2222 2455 539 652 764 851 926 1026 1095 1171 2173 2606 2973 3304 3640 4050 4394 4789 32 42 45 50 52 57 59 68 2141 2564 2928 3254 3588 3993 4335 4721 1149 1350 1541 1717 1915 2143 2390 2631 319 376 431 483 543 612 686 759 957 1128 1293 1449 1629 1836 2058 2277 830 974 1110 1234 1372 1531 1704 1872 386 453 517 567 620 681 748 813 $ 49,424.19 $ 58,010.91 $ 66,213.15 $ 72,621.15 $ 79,413.63 $ 87,099.82 $ 95,427.25 $ 103,506.10 444 521 593 667 752 850 956 1059 $ 37,901.26 $ 44,480.14 $ 50,631.82 $ 56,954.38 $ 64,216.78 $ 72,448.00 $ 81,231.16 $ 89,765.74 ~-. ;:.. --...... $ 87,326.00 $ 102,491.60 $ 116,845.52 $ 129,576.08 $ 143,630.96 $ 159,548.37 $ 176,658.96 '$ 193,272.39 \ 1044 1215 1380 1536 1716 1923 2145 '-.. 2364 / •-• 46 47 • • COUNTY COURT STANDBY PROGRAM CONTRIBUTION DISTRIBUTION July 1, 1999 through June 30, 2001 Miami-Dade Other Agencies 30% Police 46% State Attorney's Office 24% • 48 • • PROPOSED COUNTY COURT STANDBY PROGRAM OPERATING BUDGET July 1, 1999 through June 30, 2001 Salary Victim Witness Counselor I Benefits FICA MICA Retirement Life Health 6.20% 1.45% 15% 0.02% 24% Total Fringe Benefits TOTAL COSTS Salary Standby Unit Supervisor Victim Witness Coordinator Total Base Salaries Benefits FICA MICA Retirement Life Health 6.20% 1.45% 15% 0.02% 16.28% Total Fringe Benefits TOTAL COSTS Per Employee $18,394.00 $1,140.00 $267.00 $2,759.00 $4.00 $4,415.00 $8,585.00 $26,979.00 Per Employee $36,946.00 $20,690.00 $57,636.00 $3,573.00 $836.00 $8,645.00 $12.00 $9,384.00 $22,450.00 $80,086.00 Quantity 11 Annual Cost $202,334.00 $12,545.00 $2,934.00 $30,350.00 $41.00 $48,560.00 $94,430.00 $296,764.00 Two Year Cost $404,668.00 $25,090.00 $5,868.00 $60,700.00 $82.00 $97,120.00 $188,860.00 PROPOSED DADE CHIEFS OF POLICE CONTRIBUTION Quantity 1 1 Annual Cost $36,946.00 $20,690.00 $57,636.00 $3,573.00 $836.00 $8,645.00 $12.00 $9,384.00 $22,450.00 $80,086.00 Two Year Cost $73,892.00 $41,380.00 $115,272.00 $7,146.00 $1,672.00 $17,290.00 $24.00 $18,768.00 $44,900.00 STATE ATTORNEY'S OFFICE CONTRIBUTION ,. ! . TOTAL PROGRAM COSTS $376,850.00 $753,700.00 49 • I • PROPOSED COUNTY COURT STANDBY PROGRAM OPERATIONS FUND CONTRIBUTIONS July 1, 1999 through June 30, 2001 FIXED CONTRIBUTIONS State's Attorney Office Miami-Dade Police Department Total Fixed Contributions Funds Now in Program TOTAL PROGRAM COSTS Total Obligated/Available OTHER AGENCY CONTRIBUTIONS Other Agency Contributions $ 194,678 Sworn Personnel In Other Aaencies Divided by 2928 Equals Sworn Personnel (Actual Staffing May Vary) $ $ $ $ $ Annual Two Year Total 80,086 $ 160,172 150,000 $ 300,000 230,086 $ 460,172 $ 98,850 $ 559,022 376,849 $ 753,698 $ 559,020 194,6 Per Sworn Officer Annual Two-Years 33.24 $ 66.48 Aventura 59 $ 1,961.41 $ 3,922.82 Bal Harbour 23 $ 764.62 $ 1,529.24 Bay Harbor Islands ___________________________ 24 ____________________ $ ___________ 797.86 __ $ ________ 1,595.72 _ Biscayne Park 8 $ 265.95 $ 531.90 Coral Gables 163 $ 5,418.80 $ 10,837.60 El Portal 16 $ 531.91 $ 1,063.82 Florida City ____________________________________ 26 --------------------$ ___________ 864.35 __ $ ________ 1,728.70 _ Golden Beach 15 $ 498.66 $ 997.32 Hialeah 340 $ 11,303.03 $ 22,606.06 Hialeah Gardens 31 $ 1,030.57 $ 2,061.14 Homestead 75 $ 2,493.31 $ 4,986.62 Indian Creek Village 19 $ 631.64 $ 1,263.28 ~ey Biscayne __________________________________ 28 ____________________ $ ___________ 930.84 __ $ ________ 1,861.68 _ • __ edley ----------------------------------------32 ____________________ $ _________ 1,063.81 __ $ ________ 2,127.62 _ Miami 1117 $ 37,133.76 $ 74,267.52 Miami Beach 378 $ 12,566.31 $ 25,132.62 Miami Shores 34 $ 1,130.30 $ 2,260.60 Miami Springs 43 $ 1,429.50 $ 2,859.00 Miccosukee 17 $ 565.15 $ 1,130.30 North Bay Village 24 $ 797.86 $ 1,595.72 North Miami 120 $ 3,989.30 $ 7,978.60 North Miami Beach 105 $ 3,490.64 $ 6,981.28 Opa-locka 38 $ 1,263.28 $ 2,526.56 Pinecrest 33 $ 1,097.06 $ 2,194.12 South Miami 55 $ 1,828.43 $ 3,656.86 Sunny Isles Beach 33 $ 1,097.06 $ 2,194.12 Surfside 22 -$ 731.37 $ 1,462.74 Sweetwater 21 $ 698.13 $ 1,396.26 Virginia Gardens 14 $ 465.42 $ 930.84 West Miami 15 ---$ 498.66 $ 997.32 ----------------------------------------------------------------------------------------------------------------------- TOTAL 2928 $ 97,339.00 194,678. 50 • • :e I PROPOSED COUNTY COURT STANDBY PROGRAM OPERATIONS FUND CONTRIBUTIONS July 1, 1999 through June 30, 2001 Sworn Personnel Agency Percent Percent of Two (Actual Staffing May Vary) of Total Staffing Year Funding State Attorney's Office o o 24.46% . Miami-q~~~-~<.?!~~~-!?.epartment __________________ 2253 ___________________________ 43.49% _________________ 45.81 % _____ _ Aventura 59 1.14% 0.60% Bal Harbour -------23_________________________ --0~44o/~------------0.23% Bay Harbor Islands 24 0.46% 0.24% ·sfscayne Park 8 0.15% 0.08% Coral Gables 163 --------3.15% 1.65% El Portal 16 0.31% 0.16% Florida City 26 0.50% 0.26% Golden Beach 15 0.29% 0.15% Hialeah 340 6.56% 3.45% Hialeah Gardens 31 0.60% 0.31 % Homestead 75 1.45% 0.76% Indian Creek Village 19 0.37% 0.19% Key Biscayne 28 0.54% 0.28% • Medley 32 0.62% 0.32% Miami -1117 • • 21.56% 11.34% Miami Beach 378 7 .30% 3.84% Miami Shores 34 0.66% 0.35% Miami Springs 43 0.83% 0.44% Miccosukee ••• • 17 0.33% 0.17% . North Bay Villaqe __ ·-··-·-·--·-·----___ .............. 24 .......... --······-··········· 0.46% ................... 9:?4~·-·--~~ North Miami 120 2.32% 1.22% North Miami Beach •••••••• 105 2.03% 1·.01%·· •••• Opa-locka 38 0.73% 0.39% Pinecrest····· ••••••••••••••••••••••••••• • 33 ···--····· ••••• 0.64% 0.34% •• South Miami 55 1.06% 0.56% . Sunny Isles Beach--·-······-___ ... ······----··_ ..... 33 _ ... ·····-···· ................ 0.64% .. ___ .............. 0.34% ... ... Surfside 22 0.42% 0.22% Sweetwater 21 0.41 % 0.21 % Virginia Gardens 14 0.27% 0.14% •• West Miami ·················--····-· 15 • •••••••• 0.29% 0.15% •• • ··············---TOTAL··-·-·-·-·-···-· 5181°··············---100.00% 100.00o/;·· 51 • • I ICAffi'!!l~ FJ''DJIIT_.t_l'!!)~?'.~?.~~ STA'IEAttORNEY ~T • ,,..-r,, , ,..,~~n?..~i::1~ ..::; .a. a .i. .i:.. rt .i .1.. u .ft.1 ~£ LU:. ·,un.ll .fuuiCu\L Cl'kCU"t \JI' !'l.OIUDA 13S0 N.W. l2ffl AWNTrrt MlAMl. 'Fl..OIUDA 33136-2111 D~!:: C~mrr"'i Aswd.itiv,i of Criif.fs of Police l~.:;--~~a l\,riw Dq>uLlllellt ,_,,,nnn ,.,...... ,. -• - ,r.7::,7 .l.'li.C .1:,;1 :Sireet ·Av'eilUlra, FL uear ChiefRibel: TEI.DHONE (305) 547-0JOO The portion ofthi,i yP.•-~ b1-!d~ ~!! ~-~= :e b: p~~ frvm DCACT i:s $i29,6l6. To date we have receivetf $47, 43(_)_ We.:rr.er~w rcq;...:~Jiig " pa.yu,~ni of' iinitin;oilected from DCACP in the "'""'~1!!! ~f $~,-!!f. Pk'4:;;: rr.a.ki. th~ "'h~k p.iyabie to Miami-llac1e u,unty Board of County rnl'l"lft'I;,.,.;,...:-.... ,:a., "n"'"'·' ----•-.1.Hl"~i'V..!;!.'li.,L \L'ffl.. .... UU\.,,ft.JJ . Th~ taiinwe ow~ wiii he Si.:,,790. Please contact me to let me know when we CJtn ~pll"cr.-t t'hi! I,Jr1yment. Tnank. you for your cooperation in handling this reque~t Pl~s~ rcintlllrt Ms. G:ill .B:.::-g at {50:5) !147-0S48 if you have any questions. C: Chief Charles Reynolds KATliERINE FERNfu"iUEZ KU.t'IDLE Sime Attorney Lt. Andrew Vera -(~IA E.A~ 9.54, !:38.-9: 56) ,0 1Se Ka:ycie I I 52 COUNTY COURT STANDBY PROGRAM TWO YEAR OPERATING BUDGET for the period 7/1/99-6/30/2001 Proposed funding by Dade Chiefs of Police: Average Annual One (1) Year Two (2) Year Salaries: FTE VW Salary Cost Cost Victim Witness Counselor I 1 I 18,394.00 202,334.00 404,668.00 Benefits: Rate FICA 6.20% 1,140.00 12,545.00 25,090.00 MICA 1.45% 267.00 2,934.00 5,868.00 Retirement 15.00% 2,759.00 30,350.00 60,700.00 Life 0.02% 4.00 41.00 82.00 Health 24.00% 4,415.00 48,560.00 97,120.00 Total Fringe Benefits 46.67% 8,585.00 94,430.00 188,860.00 Total Salaries and Benefits 26,979.00 296,764.00 593,528.00 • < ' State Attorney's Office Salary Contribution: Salaries: Standby Unit Supervisor 36,946.00 73,892.00 Victim Witness Coordinator 20,690.00 41,380.00 57,636.00 115,272.00 Benefits: FICA 6.20% 3,573.00 7,146.00 MICA 1.45% 836.00 1,672.00 Retirement 15.00% 8,645.00 17,290.00 Life 0.02% 12.00 24.00 Health 16.28% 9,384.00 18,768.00 Total Fringe Benefits 38.95% 22,450.00 44,900.00 Total Salaries and Benefits * 80,086.00 160,172.00 • Total Program Costs 376,850.00 753,700.00 * SAO provides over 20% of program staffing costs. 53 • COUNTY COURT STANDBY PROGRAM OPERATING BUDGET • Salary Victim Witness Counselor I Benefits FICA MICA Retirement Life Health 6.20% 1.45% 15% 0.02% 24% Total Fringe Benefits TOTAL COSTS Salary Standby Unit Supervisor Victim Witness Coordinator Total Base Salaries Benefits FICA MICA Retirement Life Health 6.20% 1.45% 15% 0.02% 16.28% Total Fringe Benefits TOTAL COSTS TOTAL PROGRAM COSTS Per Employee $18,394.00 $1,140.43 $266.71 $2,759.10 $3.68 $4,414.56 $8,584.48 $26,978.48 Per Employee $36,946.00 $20,690.00 $57,636.00 $3,573.43 $835.72 $8,645.40 $11.53 $9,383.14 $22,449.22 $59,395.22 Quantity 11 Annual Cost $202,334.00 $12,544.71 $2,933.84 $30,350.10 $40.47 $48,560.16 $94,429.28 $296,763.28 Two Year Cost $404,668.00 $25,089.42 $5,867.69 $60,700.20 $80.93 $97,120.32 $188,858.56 PROPOSED DADE CHIEF OF POLICE CONTRIBUTION Quantity 1 1 Annual Cost $36,946.00 $20,690.00 $57,636.00 $3,573.43 $835.72 $8,645.40 $11.53 $9,383.14 $22,449.22 $80,085.22 Two Year Cost $73,892.0Q. $41,380.00' $115,272.00 $7,146.86 · $1,671.44 $17,290.80 $23.05 $18,766.28 $44,898.44 PROPOSED STATE'S ATTORNEY OFFICE CONTRIBUTION $376,848.50 . $753,697.00 54 • • PROGRAM OPERATIONS FUND CONTRIBUTIONS FOR JULY 1, 1999 THROUGH JUNE 30, -1-999-o;'OO I F!XED CO!"ffRIBUT!ONS State's Attorney Office f'v.1iami-Dade Police Department Total Fixed Contributions Funds Now in Program TOTAL PROGRAl'vi COSTS Total Obligated/Available OTHER AGENCY CONTRIBUTIONS Other Agency Contributions $ 194,678 Sworn Personnel In Other Aaencies Divided by 2928 Equals Sworn Personnel $ $ $ $ Annual Two Year 80,085 $ 160,170 i50t000 fl: 300,000 T 230,085 $ 460,170 $ 98,850+ $ 559,020 376,849 $ 753,698 $ ___ 5_5_9.:....,0_20 Per Sworn Officer 33.2 194,6 Aventura 59 $ 1,961.46 $ 3,922.91 s~il" 1-iai-bour •• •• 23 •••••••••••••••••• f • 764.64 s 1,529.27 Bay Harbor Islands 24 $ 797.88 $ 1,595.76 ·siscayne Park •• • ••••• 8 •••••••••••••••••••• $ ••• •• •• 265.96 $ 531.92 CoralGables • ·163 ••••••••••••••• s" 5,418.94 $ 10,837.87 E.i"Portal • •• ••• •••••• 16 ····-··············· f •••••• •• 531.92 $ 1,063.84 FloridaCity 26 $ 864.37 $ 1,728.74 Goiden Beach 15 • • • •• • •• $ 498.68 $ 997 .35 Hiaieah 340 • • • $ 11,303.30 $ 22,606.60 Hialeah Gardens 31 • • • $ 1,030.60 $ 2,061.19 Homestead • 75 • • • $ 2,493.38 $ 4,986.75 indian Creek Village 19 $ 631.66 $ 1,263.31 Key Biscayne 28 $ 930.86 $ 1,861.72 Medley •• •• • ••••••••••••• 32 ••••••••••••••••••• $°. 1,063.84 $ , 2,127.68 Miami ---······--··-···-·-··-·--···--···-1117 ·········-·········· $ ••••••• 37,134.67 • $ • 74,269.33 Miami Beach • • •• ••• ·-···-··· 378 ········-····-··· ·-$.. • 12,566.61 $ 25, {33.·22·· Miami Shores • --•• ••• •• 34 • ••• •• •• •• • $ 1,130.33 $ 2,260.66 •• Miami Springs 43 $ 1,429.54 $ 2,859.·of· Miccosukee •• • ••• •• 17 • ••• ••• ••• • • $ 565.17 $ 1, 130.33 •• North Bay Village 24 $ 797.88 $ 1,595 .• 76 •• North Miami • • 120 •• --• • $ 3,989.40 $ 7,978_"86"- North Miami Beach 105 • $ 3,490.73 $ 6,98{4s·· Opa•Locka • 38 •• •• •• •• •• $ 1263.31 $ 2,526."62·· Pinecrest··············-···········-····--····· 33 ········-··········· f········1:o97_09·· s" · 2,194.1f" South Miami 55 $ 1,828.48 $ 3,656.95 •• Sunny Isles Beach 33 $ 1,097.09 $ 2,194.1-Y- Surfside • • ••• •• 22 •• ••• •• •• •• $ 731.39 $ 1,462.78 •• Sweetwater • • 21·· • •• • $ 698.15 $ 1,396.29 •• Virginia Gardens 14 $ 465.43 $ 930.86 West Miami • •• ········-·· 15 ••••••••••• ••••••• s" • 498.68 $ 997.35 --------------------------------------------------------------······--------------------------------------------------- TOTAL 2928 $ 97,341.36 194,682. 55 COUNTY COURT STANDBY PROGRAM • TWO YEAR OPERATING BUDGET for the period 7/1/01 -6/30/2003 Proposed funding by Dade Chiefs of Police: Average Annual One (1) Year Two (2) Year Salaries: FTE VW Salary Cost Cost Victim Witness Counselor I 11 19,052.00 209,572.00 419,144.00 Benefits: Rate FICA 7.65% 1,458.00 16,038.00 32,076.00 Retirement 7.30% 1,391.00 15,301.00 30,602.00 Life 0.20% 4,192.00 46,112.00 92,224.00 Health 22.00% 38.00 418.00 836.00 Total Fringe Benefits 37.15% 7,079.00 77,869.00 155,738.00 Total Salaries and Benefits 26,131.00 287,441.00 574,882.00 • . ' State Attorney's Office Salary Contribution: -Salaries: Standby Unit Supervisor 41,380.00 82,760.00 Victim Witness Coordinator 23,754.00 47,508.00 65,134.00 130,268.00 Benefits: FICA 7.65% 4,983.00 9,966.00 Retirement 7.30% 4,755.00 9,510.00 Life 0.20% 130.00 260.00 Health 16.58% 10,800.00 21,600.00 Total Fringe Benefits 31.73% 20,668.00 41,336.00 Total Salaries and Benefits * 85,802.00 171,604.00 Total Program Costs 373,243.00 746,486.00 * SAO provides over 20% of program staffing costs. 56 Standby Court Program FY 08/09 Invoice Draft Version Muni<:ipality AVENTURA BAL HARBOUR BAY HARBOR ISLAND -··------· -,. --· BISCAYNE PARK cTfY OF'-ocfr~AC ___ _ MIAMI GARDENS CORAL GABLES -·. --• ··- CUTLER BAY DADE coUNrYscH09LBf3Q EL PORTAL FLORIDA CITY -. ___ ,, ----- GOLDEN BEACH -·------ HIALEAH HIALEAH GARDENS -.. -·----------. HOMESTEAD INDIAN CREEK VILLAGE KEY BISCAYNE MEDLEY MIAMI rv,~~tv1L§.E:~Q1j ----------·----- MIAMI DADE POLICE MIAMI SHORES MIAMI SPRINGS MICCOSUKEE TRIBAL POL --···---. ---------------- NORTH BAY VILLAGE NORTH MIAMI NORTH MIAMI BEACH OPA LOCKA PINECREST SOUTH MIAMI SUNNY ISLES BEACH SURFSIDE SWEETWATfR----- TOWN OF MIAMI LAKES ----·------·------------------•' ·---·---·· ·-·· VILLAGE OF PALMETTO BAY VIRGINIA GARDENS WEST MIAMI Grand Total DUI & Traffic 411 115 79 33 773 1,511 __ 796 377 247 178 69 58 ------------··- _ ?,?§2 - 168 731 2 101 73 1?_,68~ 2~8l,? 15,515 42,427 140 51 108 438 468 77 242 461 309 327 193 100 141 41 120 Misd 242 17 21 9 254 331 124 125 173 13 161 5 849 52 357 17 -}1,921 __ 2,75? 15J63 49 26 143 10 157 192 127 44 -·· 74 60 72 139 22 39 5 39 43,588 2007 Court Cases DV 38 2 24 6 17 140 28 22 8 9 61 1 375 56 232 4 1,474_ 282 ___ 1,345_ 29 17 Total 691 134 124 48 % 0.8% 0.1% 0.1% 0.1% -·-----· ---·------····---- 1 ! 014 1.~~2 948 524 1.2% 2.2% 1.0% 0.6% 428 0.5% 200 0.2% 291 0.3% .. --------·- 64 0.1% 3,486 276 ----.. , ____ .... _ -- 1,320 _ 9 ·---------- 204 94 _ 35,1§~ _ 5,~22_ 3.8% 0.3% 1.5% --· ------------------- 0. 0% 0.2% 0.1% 38.8% 6.5% -~?,!3~3 ----36.0% 217 0.2% 83 •••• ···-~ -·---··· 1 195 0.2% ----·-··-·····-----·------~--· ------------·---.. -·----··-------------------- 7 110 104 60 13 28 54 16 27 4 12 3 5 4,623 125 705 764 264 299 563 423 415 359 126 192 49 164 90,638 0.1% 0.8% 0.8% 0.3% 0.3% 0.6% 0.5% 0.5% 0.4% 0.1% 0.2% 0.1% 0.2% 100.0% Note: The court cases for the highlighted (yellow) municipalities are combined into the Miami Dade Police invoice The municipalities highlighted in green have outstanding invoices. New FY 08/09 Invoice Amt Paid $ 3,279.30 $ 635.93 $ 588.47 -···-·-···-·---,.,-.. ., $ 227.80 ---··-··-·--···-·-----------·-···- _9ou1J_ty_Paid_ $ _ 9_,,4Q6.0~ $ 4,498.96 gou.nty t:'ciid _ $ ~.031.17 $ 949.15 $ --1,381.01 _ $ 303.73 $ 16,543.63 .. $ _ __ 1,309.82 _ $ 6,2~4.37 $ 42.71 ·----··----·-··--·-----··--··-· - $ 968.13 -••"' ------·-·· ---- $ 446.10 $ _. 166,969.22 $ 28,104.25 _ $ ___ 163,7'70.60 __ $ 1,029.82 $ ~-----~~s_It_ $ 925.42 $ 593.22 ---·· ----~ ··-···-···-----·- $ 3_,~_'1~.74 _ $ 3,6~5.7,4 t 1,252.87 $ 1,,41~.97 $ ~.671.85 $ ~.0_07.45 $ 1,~69.48 $ 1,J03.72 C:~IJ.rifyPcli~ - County Paid $ 232.54 $ 778.30 $ 430,144.00 $ 57 ASSOCIATION OF CHIEFS OF POLICE A F FILIATE S US OHS-/\Ti US VHS-:'\!R f.,i/\HSHALS Li S OHS-BORDER PATR\.")L u s or,s -.OA.~! GU:\f~O LIS t;US-!C.HV1$ OFf !CL U $.OHS-DEA lJ S OHS·· DSS US. OHS-FBI U.$ OHS-ICE US. OHS-M .I\RSHALS SE.:H\/ICE US OHS. POSL'\L INSPE\..""':TIVN LIS OHS -SE.GRET SCRViCL ,\. •LN r UR•\ POLI CE 8.J\L H ,'\RSl)UR PC}LICE :3.-\Y IS~ANDS HARBOR POLICE SISCA) Nice PARIS ,_,OLICE r-..,H Al\1: POLiCE F iU POLI<..::£ ,: L.ORIQA C.I 1 'f POLICE '}t.._l""'lf t•! BEi\CH POLIC£ H!J-\LE.-\H ,,.:;~PO!: NS POLICE HIALE...AH POU ...... L HOf'.1E$TE.•\C'1 POLICE <.! .' BISCAYNE POLICE MEDLEY POLICE •nP:!, aE-"..,.,;..; POLICE .'.;. ' :-., t t.=:triS P0L!CL -L> ::,,'.";t-0 t">OL POLICE ~.~L;; PUBLIC $ ... \FTC:\ OEP·r ·.;L--ic. S'";t-h""lC......,L er· .JUS t ICC. POLIC£ !',~1,,~ ... ~l $HC"RCS POLI CE ·~•11•\!;'l! ~Pf<l;,.JCS POLICE \,~!C(:\·.;suK£L TR IBAL POLI CE ~,:H.;;. r BA\ ~:IL LAGE P0LICC ~-.;( •H ! ~-, ~·tAMI POLICE "\J(;f...:; 1..; r..,1JA:,.,11 BEACH POLICE.: S, 1"-.:NY iSLLS BE/\CH POLICE S-t.!"r SiOL POLICE ,;,:.:t_l ·-:"/._, "LR POLICE UN!Vl:..RSl 1 'r Oi r,.·H.~\f'.•'.' POLICC= .•IRGP-.; IA GARDENS POLI CC :Vl..: S 1 ML,\i".-;1 POLICE.: ~-~:1.JL ;\· lOKNE.'l·s OFI-ICE. ::--,i: :.1L ~i:·~~H<L FORCE:. LEO f~OUNOATION .(; r U.:'IR I OA SH(_"l(',.~~li·~1 sc~r;IE. TY f: L OE:.P·r -:r· LA\.V E.NFORC£MEN I FLORI DA •-11GH\f,.•AY PA. l ROL FL f !SH <.'<.: '✓ILULIF E CCif\.1i'.,1iSSiON PO BOX 5310-15 MI/\Mt SHORES, t"-L '.\315~ MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE 10/5/2023 Chief of Police South Miami Police Department 6130 Sunset Drive South Miami, FL 33143 Ref: County Court Standby Program Dear Chief of Police DEPUTY CHIEF SAMUEL BE JAR DEPUTY CHIEF PETE DELGADO CHIEF LUIS CA B RER A CHIEF MIKE BENTOLI LA -r RE/\.SURE R RET. CHIEF IRVI NG HEL LE R CHIEF RENE G . LANDA Invoice #: 26 -24 Amount Due: $9,331.24 This invoice represents your prorated share of the operating expenses for the Court Standby Program for FY23/24 which begins on October 1, 2023. Each agency is invoiced based on their corresponding number of 2022 traffic and misdemeanor domestic violence court cases processed through the State Attorney Office's at the main court house (please see attached report). The annual budget is set at $578 ,611 . The program cost increased by $192, 131 from the previous year primarily due the filling of all of the outstanding vacancies. Furthermore, individual invoices may have increased or decreased significantly from the prior year due to changes in agency enforcement activity during 2022 and any change in program cost. Please make payment payable to the Miami Dade County Association of Chit;!fs of Police (MDCACP) and remit to : MDCACP P.O. Box 531045 Miami FL, 33153 If you have any questions I can be contacted at: (954) 612-3831. can also be reached via email: averacpa@bellsouth .net. Sincerely, Cathy Vera Accountant 58 Standby Court Program FY 23/24 Invoice and Payments: 2022 Court Cases DUI & Misd& Municipality ra 1 AVENTURA 237 51 29 3 BAL HARBO U R BAY HARBOR ISLAND 41 2 BISCAYNE PARK 16 I CITY OF DORAL 912 126 T ffc DV MIAMI GARDENS 352 255 CORAL GABLES 1,262 38 CUTLER BAY 188 - DADE COUNTY SCHOOLS POLICE DEPAR 180 4 EL PORTAL 21 I F.1.U. POLICE DEPT 35 ? FLORIDA CITY 4 1 64 GOLDEN BEACH 94 I HIALEAH 760 22 0 HIALEAH GARDENS 92 48 HOMESTEAD 562 2 32 INDIAN CREEK VILLAGE -- KEY BISCAYNE I 15 7 MEDLEY 121 7 MIAMI 7,585 1,479 MIAMI BEACH 1,792 273 MIAMI DADE POLICE 16 ,808 1,320 MIAMI SHORES 136 10 MIAMI SPRINGS 147 15 MICCOSUKEE TRIBAL POL. 37 - NORTH BAY VILLAGE ?32 13 NORTH MIAMI 172 115 NORTH MIAMI BEACH 12 0 IOI OPA LOCKA 14 5 78 PINECREST 2 87 10 SOUTH MIAMI 610 18 SUNNY ISLES BEACH 177 37 SURFSIDE 53 4 SWEETWATER ?55 44 TOWN OF MIAMI LAKES 2 5 10 VILLAGE OF PALMETTO BAY 139 3 VIRGINIA GARDEN S 17 I WEST MIAMI 53 2 ?J Grand Total l 34,327 l 4,614 I Total 2022 288 32 43 17 1,038 607 1,300 188 184 22 37 105 95 980 140 794 - 12 2 128 9,064 2 ,065 18 ,128 146 162 37 ?45 287 ?21 223 2 97 628 214 57 299 35 142 18 553 38 ,94 1 % 0.7 % 0 .1% 0.1 % 0.0 % 2 .7% 1.6 % 3 .3% 0 .5% 0.5 % 0.1 % 0.1 % 0 .3% 0.2 % 2 .5% 0.4 % 2.0 % 0.0 % 0.3 % 0.3 % 23 .3% 5.3 % 46 .6% 0.4% 0.4 % 0.1 % 0.6 % 0 .7% 0 .6% 0 .6% 0 .8% 1.6% 0.5 % 0.1 % 0.8 % 0.1 % 0.4 % 0.0 % 1.4 % 100.0% $ $ $ $ $ $ $ FY 23/24 Invoice 4.279.29 475.48 638.92 252.60 15 ,423.29 9.019.21 19 ,316.26 County Paid $ 2,733.99 $ 326 .89 $ 549.77 $ 1,560.16 $ 1,411.57 $ 14 ,561.48 $ 2,080.21 $ 11.797.77 $ - $ 1,812.76 $ 1,901.91 $ 134,678.88 $ 30,683.13 $ 274,781.16 $ 2,169.36 $ 2,407.10 $ 549 .77 $ 3,640.37 $ 4 ,264.43 $ 3,283.76 $ 3,313.48 $ 4 ,413.02 s 9,331.24 $ 3,179.75 $ 846.94 $ 4,442.74 County Paid County Paid $ 267.46 $ 8,216.84 $ 578,611.00 Note: The court cases for the marked (County Paid) munic ipalities are combined into the Miami -Dade Police invoict 59 KA THERINE FERNANDEZ RUNDLE ST ATE ATTORNEY Deputy Chief Samuel Bejar STATE ATTORNEY ELEVENTH JUDICIAL CIRCUIT OF FLORIDA E. R. GRAHAM BUILDING 1350N .W. 12THAVENUE MIA.ML FLORIDA 33136-2111 August 30, 2023 TELEPHONE (305) 547-0100 www.miamiSAO.com President, Miami-Dade County Association of Chiefs of Police P.O. Box 531045 Miami Shores, FL 3 315 3 Re: County Court Standby Program Proposed Budget for 2023-2024 Dear Deputy Chief Bejar: We are pleased to submit our proposed budget in the amount of $578,611.00 for continuation funding of the County Court Standby Program by the Dade Chiefs Association for the one-year period beginning October 1, 2023. You are welcome to contact me at (305) 547-0548 to answer any questions you may have regarding the budget. Thank you for your consideration of this request. Enclosure Cc: Andrew Vera Sincerely, KATHERINE FERNANDEZ RUNDLE State Attorney -, ,-, n ~~ . /' e,-g-e--~~ -haronSavoldy ~cs -- Fiscal Director 0 Please Recycle 60 COUNTY COURT STANDBY PR OGRAM OPERA TING BUDGET For the period I 0/1 /23 -9/30 /24 Prop osed funding bv Miami-Dade Chiefs of Police : Sa laries: Victim Witness Counselor I Benefits: FICA Retirement Life Health Total Fringe Benefits Total Salaries and Benefits Total Salaries and Benefits B udget Request State Attornev's Office Salary Contri bution : Salaries : Standby Unit Supervisor Benefits: FICA Retirement Life Health Total Fringe Benefits Total Salaries and Benefits Total Program Costs * SAO provides 15% of program staffing costs. FTE I I Rate 7.65 % 13 .57% $3 .58 / mo flat rate 7.65 % 13 .57% 3 .58 /mo. Spouse Average Annual VW Salary 35 ,000 .00 2,6 78.00 4,750 .00 43 .00 10 ,130.00 17 ,601.00 $52 ,601 .00 * Total Annual Cost 385 ,000.00 29 ,458 .00 52 ,250.00 473 .00 1 11,430.00 193 ,6 I 1.00 $578 ,611.00 $578,6 11.00 73 ,049 .00 5,588.00 9,913.00 43.00 10 ,807 .00 26,351.00 99 ,400 .00 $678 ,011.00 61 Program Background Information Name of Program: County Court Standb y Program Department: County Court Description of Program: The County Court Standb y Pro gram funded by the Dade Chiefs of Police , pro v ides the funding for eight (8) Victim Witness Coordinators to ensure the availability of police officers , victims and witnesses for trial by making telephone contact with all case witnesses , ensuring police have ackno wledged their availability thereb y reducing wasted time in attending court by all parties when cases result in continuances . The role of the Victim Witness Coordinator is a very important one and v ital to the success of the program and the State 's cases. DUI cases are placed on a Sounding calendar one week prior to the trial date by which time the coordinator would have made every possible attempt to contact all of the witnessed scheduled for a trial hearing to determine their availability and inform the prosecutors of such. For Misdemeanor and Criminal Traffic cases , once the case is set for trial , same process is conducted by the Victim Witness Coordinators . Implementation Date: 1998 Name of Program: Misdemeanor Domestic Violence Standby Program Description of Program: The Misdemeanor Domestic Violence Standby Program funded by the Dade Chiefs of Police , pro v ides funding for three (3) Victim Witness Coordinators to ensure the availability of police officers , v ictims and witnesses for trial. The role of the Victim Witness Coordinator is a very important one and v ital to the success of the program and the State 's cases. The domestic v iolence cases are placed on a Sounding calendar one week prior to the trial date by which time the coordinator would have made every possible attempt to contact all of the police officers , victims and witnesses scheduled for a trial hearing to determine their availability , to make transportation arrangements and to coordinate their attendance in court. Prior to the Sounding calendar, the prosecutors have re v ie w ed these cases to determine if the y are ready to go to trial , if they are seeking a continuance or a Nolle Prosse based on the evidence. This process eliminates wasted time of officers and witnesses attending court if the case is not ready to proceed. Implementation Date : 2004 62 Court Standby Raw Data 2022 · Misdemeanor DV? -Municipality N y Grand Total AVENTURA 242 51 293 BAL HARBOUR 15 3 18 BAY HARBOR ISLAND 2 2 4 BISCAYNE PARK 3 1 4 CITY OF DORAL 240 126 366 CITY OF MIAMI GARDENS 297 255 552 CORAL GABLES 180 38 218 CORR . & REHABILITATION 3 3 EL PORTAL 4 1 5 F. D. L. E. 3 3 FIU CAMPUS POLICE 15 2 17 FL DIV OF ALCOHOL/fOBAC 156 156 FL FISH & WILDLIFE COMM 2272 2272 FLORI DA CITY 109 64 173 FLORIDA HIGHWAY PATROL 144 15 159 GOLDEN BEACH 6 1 7 HIALEAH 541 220 761 HIALEAH GARDENS 101 48 149 HOMESTEAD 434 232 666 KEY BISCAYNE 29 7 36 MEDLEY 16 7 23 MIAMI 4897 1479 6376 MIAMI BEACH 1487 273 1760 MIAMI DADE FIRE DEPT 5 5 MIAMI DADE POLICE 4126 1320 5446 MIAMI DADE SCHOOLS POLI 63 4 67 MIAMI SHORES 32 10 42 MIAMI SPRINGS 39 15 54 MICCOSUKEETRIBAL POL. 32 32 NORTH BAYVILLAGE 19 13 32 NORTH MIAMI 192 115 307 NORTH MIAMI BEACH 124 101 225 OPALOCKA 126 78 204 PINECREST 27 10 37 SOUTH MIAMI 82 18 100 STATE ATTORNEY 'S OFFICE 5 3 8 SUNNY ISLES BEACH 58 37 95 SURFSIDE 16 4 20 SWEETWATER 212 44 256 TOWN OF CUTLER BAY 3 3 TOWN OF MIAMI LAKES 16 10 26 VILLAGE OF PALMITTO BAY 18 3 21 VIRGINIA GARDENS 1 1 2 WEST MIAMI 29 21 so Gr.and t otal •··, . ,,-: • 16421 4632 21053 ··-.r , .. --· -~~-~·_.-..,·-: ..:. Misd and DV 63 Court Standby Raw Data 2022 Cumulative Cumulative AGENCY Frequency Percent Frequency Percent AVENTURA 237 0.63 237 0 .63 BAL HARBOR 29 0 .08 266 0.71 BAY HARBOUR ISLAND 41 0.11 307 0.82 BISCAYNE PARK 16 0.04 323 0 .86 CORAL GABLES 1262 3 .36 1585 4.22 DADE CNTYSCHOOLS 180 0.48 1765 4.7 DORAL 912 2.43 2677 7.13 EL PORTAL 21 0.06 2698 7 .18 FIU CAMPUS POLICE 35 0 .09 2733 7 .28 FL FISH & WILDLIFE COMM 63 0.17 2796 7.44 FLA HIGHWAY PATROL 3171 8.44 5967 15.89 FLORI DA CITY 41 0 .11 6008 16 GOLDEN BEACH 94 0 .25 6102 16.25 HIALEAH 760 2.02 6862 18.27 HIALEAH GARDENS 92 0.24 6954 18.51 HOMESTEAD 562 1.5 7516 20 .01 KEY BISCAYNE(VI LLAGE OF) 115 0.31 7631 20 .32 MEDLEY 121 0 .32 7752 20.64 MIAMI 7585 20 .19 15337 40.83 MIAMI BEACH 1792 4.77 17129 45.6 MIAMI GARDENS 352 0.94 17481 46.54 MIAMI SHORES 136 0 .36 17617 46.9 MIAMI SPRINGS 147 0.39 17764 47.29 MIAMI-DADE POLICE 16808 44.75 34572 92.04 MICCOSUKEETRIBAL POLICE 37 0.1 34609 92 .14 NORTH BAYVILLAGE 232 0 .62 34841 92 .76 NORTH MIAMI 172 0 .46 35013 93.22 NORTH MIAMI BEACH 120 0.32 35133 93 .54 OPALOCKA 145 0.39 35278 93 .92 PALMmo BAY 139 0.37 35417 94 .29 PINECREST 287 0.76 35704 95.06 SOUTH MIAMI 610 1 .62 36314 96.68 SUNNY ISLES BEACH 177 0 .47 36491 97.15 SURFSIDE 53 0 .14 36544 97 .29 SWEETWATER 255 0.68 36799 97 .97 TOWN OF cunER BAY 188 0.5 36987 98.47 TOWN OF MIAMI LAKES 25 0.07 37012 98.54 VIRGINIA GARDENS 17 0.05 37029 98.58 WEST MIAMI 532 1.42 37561 100 Traffic