040ADV-24-R-0012 Ver 6. Dated 15MAR24.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

PR-23-GPO-1221

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

040ADV-24-R-0005

6. SOLICITATION ISSUE

DATE:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JEONG, SAE UNG

b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

05/09/2024 13:00

9. ISSUED BY CODE GPO 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 0 % FOR:

GPO

732 North Capitol St NW

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

Washington, DC, 20401, US HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

SMALL BUSINESS PROGRAM

EDWOSB

8 (A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO

See Schedule

CODE 16. ADMINISTERED BY CODE

Same As Issuing Office

GPO

17a. CONTRACTOR/

OFFEROR

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

The Government Publishing Office intends to issue a firm-fixed-price contract to the responsive offeror who meets all the requirements of the Request for Proposal (RFP) for Rolling Doors, in accordance with (IAW) Section B of this solicitation.

The Government anticipates awarding this contract on a Lowest Priced Technically Acceptable (LPTA) basis. The period of performance will be determined after the award.

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

The quote submitted shall include the following:

1. Pricing: Provide a firm fixed price for ALL provided products.

2. System for Award Management (SAM) registration info.

3. Vendor address and TIN Number

4. Vendor Point of Contact

5. POC email address and phone number

Request For Proposal (RFP) shall be submitted to the Contract Specialist and the Contracting Officer no later than close of business 05/09/2024 by 01:00 PM eastern std. time.

Questions must be submitted to Sae Jeong (Contract Specialist) at sjeong@gpo.gov and the Chris Bettini (Contracting Officer) at cbettini@gpo.gov.

Evaluation: Offeror is required to provide their Best and Final Offer under Section B Price Schedule.

The final price breakdown shall justify the Contractor’s firm fixed price quote for this requirement.

mailto:sjeong@gpo.gov mailto:cbettini@gpo.gov

040ADV-24-P-0005

TABLE OF CONTENTS:

Part I – The Schedule Section A: Solicitation & Contract Form Section B: Supplies or Services and Prices / Costs Section C: Description / Specifications / Statement of work Section D: Packaging and Marking Section E: Inspection and acceptance Section F: Deliveries or performance Section G: Contract administration data Section H: Special contract requirements Part II - Contract Clauses Section I: Contract Clauses Part III - List of Documents, Exhibits, and Other Attachments Section J: List of attachments Part IV: Representations and Instructions Section K: Representations, Certifications, and other statements of offerors or respondents Section L: Instructions, conditions, and notices of offerors of respondents Section M: Evaluation factors for award

Part 1 – The Schedule

Section B – Supplies or Services and prices/costs

B.1. CONTRACT TYPE: The Government Publishing Office (GPO) intends to issue a firm fixed price contract. The offeror shall perform the efforts required by this contract on a firm fixed-price basis. An award will be made to the vendor whose quote represents the lowest price technically acceptable quote, in accordance with the task and evaluation factors found in this solicitation. The proposed price must include director labor, overhead, general, administrative (G&A) cost and other relevant expenses for the requested services. The period of performance will be determined after the award is completed.

Note: A comprehensive price breakdown is required for this solicitation, detailing the contractor’s labor, time costs, and other relevant expenses.

CLIN Structure;

Base Period:

CLIN Description Unit of Measure Quantity Total Price

Total Material Cost for Facility Rollup Doors Replacement

Note: A comprehensive price breakdown is required for this solicitation, detailing any relevant expenses.

Each

$ (NTE)

Total

CLIN Description Unit of Measure Quantity Total Price

Total Labor Cost for Facility Rollup Doors Replacement

Note: A comprehensive price breakdown is required for this solicitation, detailing the contractor’s labor, time costs, and other relevant expenses.

Hrs

$ (NTE)

Total

SECTION C – STATEMENT OF WORK for Rollup Doors Replacement

1. BACKGROUND: The U.S. Government Publishing Office (GPO) provides publishing and dissemination services for the official and authentic government publications to Congress, Federal agencies, Federal depository libraries, and the American public. The GPO Buildings were constructed circa 1940 and are showing signs of deterioration in various levels. The intent of this Statement of Work is to address the necessary replacement identified by facilities engineering for multiple existing rollup doors in various sizes and types throughout the facility.

2. Scope: The vendor shall provide all labor and material required to procure and install of fourteen (14) new overhead metal rolling doors. The vendor shall also provide demolition and removal of existing doors to be replaced.

Rollup doors for GPO buildings shall be designed and installed in accordance with:

UFGS 08 33 23, Overhead Coiling Doors.

NFPA 101, Life safety Code IBC Section 1010.1.2, High Speed Doors and Egress.

a. Project Description: GPO Rollup Doors Replacement

i. Specific Tasks:

Door ID Description

A-118 One (1)-16'8" x 15'11", Non-Insulated, Electrically Operated Rolling Service Door A115A-1 (van)

6'9" x 7'9", Non-Insulated, Electrically Operated Rolling Service Door

A115A-2 8'3" x 8'2", Non-Insulated, Electrically Operated Rolling Service Door A115A-3 8'3" x 8'2", Non-Insulated, Electrically Operated Rolling Service Door A115A-4 8'3" x 8'2", Non-Insulated, Electrically Operated Rolling Service Door A115A-5 8'3" x 8'2", Non-Insulated, Electrically Operated Rolling Service Door A115A-6 (van)

6'7" x 7'9", Non-Insulated, Electrically Operated Rolling Service Door

C-154 One (1)-10'7" x 8'8", Non-Insulated, Electrically Operated Rolling Service Door B-127 One (1)-7'2 1/2" x 8'10", Non-Insulated, Manual Chain Operated Rolling Service Door B-145 One (1)-10'0" x 12'9", Non-Insulated, Electrically Operated Rolling Service Door A-123 One (1)-12'8.50" x 11'3", Non-Insulated, Electrically Operated Rolling Service Door B-144 One (1)-12'0" x 12'2", Non-Insulated, Electrically Operated Rolling Service Door B-124 One (1)-14'2" x 11'10", Insulated, Electrically Operated Rolling Service Door B-125 One (1)-14'2" x 11'10", Insulated, Electrically Operated Rolling Service Door

Section D. Packing and Marking

N/A

[ End Section D]

Section E. Inspection and acceptance

E1 Quality: The Contractor must use the best commercial industry standards for all services performed.

E2 Inspection at Destination: All reports submitted will be reviewed and approved by COR to ensure that all aspects of the SOW are addressed.

[ End Section E]

Section F. Deliveries or performance

F1 CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available.

NUMBER DATE TITLE

52.242-15 Aug-89 Stop-Work Order

52.242-17 Aug-84 Government Delay of Work

F2 PLACE OF PERFORMANCE

Government Publishing Office

Address: 732 North Capitol Street NW, Washington, DC 20401

Hours of Services: Work will be conducted within the hours of 0700 until 1530, although evening and weekend work may be scheduled for the mutual benefit of the contractor and the government with advanced notice.

F3 DELIVERY SCHEDULE

Items Schedule

(i) Pre-Construction Submittals 60 Calendar days after Contract Award

(ii) Construction start 75 Calendar days after Contract Award

(iii) Pre-Final Inspection 165 Calendar days after Contract Award

(iv) Final / Project Completion 180 Calendar days after Contract Award

Vendor shall submit clearly noted shop drawings and/or product data of each door to government for approval. Official approval from the COR is required prior to material ordering.

Vendor shall carefully coordinate onsite installation scheduling with the COR to avoid interrupting normal operation and plant production. A minimum of one-week advance notice must be given to the COR prior to anticipated material delivery.

F4 Observance of Legal Holidays/Federal Non-Workdays

For work to be performed at Government site(s), the Contractor must establish a standard holiday schedule that exactly coincides with the Government's schedule for employees working on a Government site(s). Holidays observed are listed below. For Government site work, holidays and other non-work days are not billable unless work is specifically requested by the Government and productive hours are performed on those days. For work to be performed at Contractor site(s), the Holiday schedule may differ if it is customary practice (For example, when the day after Thanksgiving is given in lieu of Columbus or Veterans’ Day).

The following is a list of the official Federal Government holidays:

Date Holiday

Monday, January 01 New Year’s Day

Monday, January 15 Birthday of Martin Luther King, Jr.

Monday, February 19 * Washington’s Birthday

Monday, May 27 Memorial Day

Wednesday, June 19 Juneteenth National Independence Day

Thursday, July 04 Independence Day

Monday, September 02 Labor Day

Monday, October 14 Columbus Day

Monday, November 11 Veterans Day

Date Holiday

Thursday, November 28 Thanksgiving Day

Wednesday, December 25 Christmas Day

*This holiday is designated as "Washington’s Birthday" in section 6103(a) of title 5 of the United States Code, which is the law that specifies holidays for Federal employees. Though other institutions such as state and local governments and private businesses may use other names, it is our policy to always refer to holidays by the names designated in the law. Detailed information regarding federal holidays can be found on the U.S. Office of Personnel Management’s website. Retrieved from https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=2024.

F5 SECURITY

ID Badges, Sign-In/Out, Parking and Smoking: All contractor personnel are required to sign-in at 732 North Capitol St. NE Washington, DC 22041. Contractor personnel shall wear identification badges during the entire time they are on GPO grounds. All contractor personnel are required to sign-out at the same location above. It is the responsibility of contractor personnel to purchase parking pass for the designated parking areas. Parking information is available from GPO Police service. The GPO will not validate nor make reimbursement for parking violations of the contractor’s personnel under any circumstances. Smoking, tobacco use, or e-cigarettes is not permitted in designated smoking section. No individual is permitted to bring illegal drugs, alcohol or firearms of any type onto a government installation. The contractor shall exchange his/her valid federal or state identification for a GPO Visitor’s Badge for entry to GPO. Expired Identification shall not be an acceptable form of ID. The Visitor’s Badge shall be visible at all times as safety allows. Contractors shall be escorted at all times and/or in line of sight of the escort.

F6 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when the Contractor anticipates difficulty in complying with the delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this requirement the following must happen: The Contractor must immediately notify the Contracting Officer and the COR in writing, giving pertinent details provided, however, that this data shall be informational only in character and that this provision must not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F7 On-Site Vendor Responsibility

The Contractor must be responsible all facilities in which the work will take place and to also be familiar with the conditions under which the work will be accomplished. The Contractor must inspect existing conditions prior to commencing work, including elements subject to damage or movement during the project. The Contractor will provide adequate personnel to reset alarm panels. Should the work create dust, water or mud, the Contractor will be responsible for cleaning the floors and walls. The Contractor will also be responsible for adhering to the COVID-19 and other relevant policies as advised by the COR.

[END OF SECTION F]

Section G. Contract administration data

Notwithstanding the offeror’s responsibility for total management responsibility during the performance of the contract, the administration of the contract will require maximum coordination with the GPO points of contact during performance of the contract.

G1 CONTRACTING OFFICER (CO)

Name: Christopher R. Bettini

Mailing Address:

U.S. Government Publishing Office Acquisition Services Room A530 732 North Capitol St NW Washington DC 20401

Email: cbettini@gpo.gov

G2 CONTRACTING OFFICER'S AUTHORITY: The Contracting Officer is the only person authorized to make or https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=2024 mailto:cbettini@gpo.gov approve any changes in any of the requirements of this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officers. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made at the contractor’s risk. No adjustment will be made in the contract terms and conditions of this contract, including price.

G3 CONTRACT SPECIALIST (CS)

Name: Sae Jeong Title: Contract Specialist Email: sjeong@gpo.gov

G4 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

After award, the GPO will designate one or more persons as the Contracting Officer's Representative (COR). The COR may be changed at any time by the GPO without prior notice to the Contractor by a unilateral modification to the Contract.

The responsibilities and limitations of the COR are as follows:

The COR is responsible for the technical aspects of the project and serves as technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all equipment, services, reports, and such other responsibilities as may be specified in this contract. The COR is not authorized to make any commitments or otherwise obligate the GPO or authorize any changes, which affect the quantity, quality, scope, or Contract price. All request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the Contracting Officer. If the Contractor performs a service that alters the current cost, quantity, or scope without prior written approval from the CO, the Contractor does so at his/her own risk. The COR may designate an alternate COR(s) to act for the COR by naming such alternate(s) in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor.

G5 INVOICE SUBMISSION

Contracting Officer (CO): Christopher Bettini Contract Specialist (CS): Sae Jeong Contracting Officer’s Representative (COR): Henry Vo

Invoice Mailing Address:

US Government Publishing Office (GPO) Comptroller North Capitol & H Streets, NW Mail Stop: FMCS Washington, DC 20401 (202) 512-0874

Email Address: invoiceGPO@gpo.gov

G6 PAYMENT METHOD

Payments under this contract will be made by the GPO by electronic funds transfer (EFT).

Notice: The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference: Materials Management Acquisition Regulation (MMAR) 52.232.34 May 1999- Payment by Electronic Funds Transfer Other Than Central Contractor Registration Effective January 1, 1999, payments on all GPO purchase orders will only be made by electronic fund transfer (EFT) unless you are granted a waiver. A waiver can only be granted if you certify below in writing that you do not have an account with a financial institution or an authorized payment agent and return the certification to the Contracting Officer.

G7 REQUEST FOR WAIVER/CONTRACTOR CERTIFICATION

I certify that I do not have an account with a financial institution or an authorized payment agent.

Signature and Date

G8 COMPLIANCE WITH REGULATIONS

The Contractor shall meet all applicable local and federal regulations associated with this requirement.

mailto:sjeong@gpo.gov mailto:invoiceGPO@gpo.gov

[End of Section G]

Section H. Special contract requirements

H1. Building entry requirements

Contractor will work in coordination with GPO Security Services, Facilities Division, and Engineering Division so that disruption to internal agency divisions are minimal. Contractor shall provide updates in written, oral communication or both as needed to the Project Manager. The Project Manager is responsible for assisting with badging/escorting for any employees that are needed during the duration of the construction timeframe. Contractor will provide an estimated timeline for the duration of this contract. Contractor shall work with GPO Project manager to resolve any difficult and complex unforeseen problems. Contractor will provide a report and analysis of their findings to the Project Manager. Invoices will be approved by GPO Project Manager.

• The vendor representatives shall exchange his/her valid federal or state identification (ID) for a GPO Visitor’s Badge for entry into GPO facility.

• Expired identification shall not be acceptable forms of ID.

• Under no circumstances shall a visitor be granted access to GPO without proper identification

• The Visitor’s Badge shall be visible at all times as safety allows.

• The vendor representatives shall be escorted at all times and/or in line of sight of the escort in the construction area.

Vendor’s work vehicles, work bags, toolboxes, etc. may be subject to inspection on a daily basis and be checked when exiting the building each day. Henry Vo (202- 279- 0889) will be the Point of Contacts. Selected offeror will submit a safety plan for GPO Safety Office to review and approve prior to start of project. A site visit shall be coordinated with the COR, Henry Vo at 202-512-2010 Ext. 30053 or 202-279-0889 (mobile), email: hvo@gpo.gov

H2. Parking on Site

Parking is the responsibility of the contractor. However, GPO has a limited number of parking and may be able to provide parking at a cost to the contractor. GPO shall provide the Contractor one parking space permit for general use during the designated Contract period at the cost of $9/day or at a discounted monthly rate. The parking space shall be located at one of the GPO’s designated parking lots. The assigned parking space permit can only be used by Contractor vehicles, which must be clearly marked with Contractor's logo or name. The Contractor must display the parking permit on the vehicle driver's side dashboard. The Contractor is prohibited from reproducing the parking permit. Vehicles not in compliance are subject to being ticketed and towed at the Contractor's sole expense. In addition, the GPO may revoke Contractor's parking privileges as a result of Contractor's abuse of parking privileges. Additional parking permits can be purchased at the GPO’s Parking Office on a first come first served basis, at the Contractors expense, by making arrangements thru the COTR Contracting Officer's Technical Representatives.

H3. Protection of Property

Contractor Responsibility - If due to the default, negligence (whether of action or omission) and/or dishonesty of the Contractor or its employees, any Government-owned or controlled property is lost or damaged as a result of the Contractor’s performance of this task order, the Contractor must be responsible to the Government for such loss or damage, and the Government at its option, may, in lieu of payment therefore, require the Contractor to replace at its own expense, all property lost or damaged.

H4. Removal of Contractor Personnel

It is understood that all personnel assigned by the Contractor to the performance of work hereunder must be acceptable to the GPO in terms of personal and professional conduct and must successfully complete a full background investigation before obtaining access to the premises. Any person in the Contractor’s organization or in any Subcontractor’s organization, who is deemed by the Contracting Officer or the COR to conflict with the interest of the GPO, must be immediately removed from this task order. The reason for removal must be fully documented in writing by the Contracting Officer. Any security violations, denials or revocations of security clearance may be construed as grounds for immediate removal from the premises.

mailto:hvo@gpo.gov

H5. Potential Conflicts of Interest

The Contractor's employees assigned to work on this contract have an affirmative obligation to disclose to the Contracting Officer any personal or business relationship with Government personnel, or financial interests, which could present the appearance of an existing or potential conflict of interest. Failure to do so, if such becomes known by other means could result in a determination of non-responsibility prior to award or termination of contract after award.

H6. Travel Regulations

As a general rule, local travel expenses will not be reimbursed under this contact. Examples of local travel which will not be subject to reimbursement are: 1) travel to and from normal job site (i.e. commuting costs) and 2) supervisory personnel traveling to a Government site or alternative facility to oversee operations. Personnel assigned to a Government site or alternative facility will consider such facility the normal job site. However, there are circumstances under which local travel reimbursement is allowable, such as when personnel are requested or required by the Government to travel to a local site which is not their normal job site, the local transportation expenses (e.g. metro, cab, parking, etc.) can be reimbursed. The COR of each contract shall make such determinations and authorizations as appropriate.

H7. SITE VISIT

A site visit is scheduled for April 11, 2024, at 11:00 AM EST. Please email Sae Jeong, Contract Specialist, at sjeong@gpo.gov, and Henry Vo, Electrical Engineer, at hvo@gpo.gov if you plan to attend. Confirm your attendance by April 09, 2024, at 11:00 AM EST, to ensure proper arrangements can be made.

[End of Section H]

Part II – Contract Clauses

Section L1. Contract Clauses

52.252-2 MMAR Clauses Incorporated by Reference 52.252-2 (JUN 1998)

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.main.gpo.gov/Publications/Current/online/P805.33.pdf.

Clauses incorporated by reference

Article Number Reference Text 52.222-19 52.222-19 Child Labor-Cooperation with Authorities and Remedies (OCT 2016) 52.222-50 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.242-17 52.242-17 Aug-84 Government Delay of Work

52.212-4 52.212-4 Contract Terms and Conditions - Commercial Items (FEB 2002)

(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 re-performance of nonconforming services at no increase in contract price. 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 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 Government-wide 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. 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 MMAR 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.

http://www.main.gpo.gov/Publications/Current/online/P805.33.pdf

(e) Definitions.The clause at MMAR 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 invoicemust include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract 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 else wherein 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--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(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. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. 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.

(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. 327, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51- 58,Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C.

40118, Fly American; and 41 U.S.C. 423 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, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(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.

52.212-5 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders

- Commercial Items (MAY 2002)

(a) The Contractor shall comply with the following MMAR clauses, which are incorporated in this contract by reference, to implement provisions of law or executive orders applicable to acquisitions of commercial items:

(1) 52.222-3, Convict Labor (E.O. 11755).

(2) 52.233-3, Protest after Award (31 U.S.C. 3553).

(b) The Contractor shall comply with the MMAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government, with Alternate I (41 U.S.C. 253g and 10 U.S.C. 2402).

(2) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) X (3) 52.222-26, Equal Opportunity (E.O. 11246).

X (4) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (38 U.S.C.4212) X (5) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793).

X (6) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (38 U.S.C.4212).

X (7) 52.222-19, Child Labor-Cooperation with Authorities and Remedies.

(8)(i)52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (42 U.S.C. 6962(c)(3)(A)(ii)).

(ii) Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

(9) 52.225-1, Buy American Act-Supplies (41U.S.C. 10a - 10d).

(10)(i) 52.225-3, Buy American Act-North American Free Trade Agreement-Israeli Trade Act (41 U.S.C.

10a- 10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note).

(ii) Alternate I of 52.225-3.

(iii) Alternate II of 52.225-3.

(11) 52.225-5, Trade Agreements (19 U.S.C. 2501, et seq., 19 U.S.C.3301 note).

(12) 52.225-13, Restriction on Certain Foreign Purchases (E.O. 12722, 12724, 13059, 13067, 13121, and 13129).

(13) 52.225-15, Sanctioned European Union Country End Products (E.O. 12849).

(14) 52.225-16, Sanctioned European Union Country Services (E.O. 12849).

X (15) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (31 U.S.C. 3332).

(16) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (31 U.S.C. 3332).

(17) 52.232-36, Payment by Third Party(31 U.S.C. 3332).

(18) 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).

(19) (i)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C.1241).

(ii) Alternate I of 52.247-64.

(c) The Contractor shall comply with the MMAR clauses in this paragraph (c), applicable to commercial services, which the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items or components:

(1) 52.222-41, Service Contract Act of 1965, As Amended(41 U.S.C. 351, et seq.).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to Successor Contract Pursuant to Predecessor Contractor Collective Bargaining Agreement (CBA) (41 U.S.C. 351, et seq.).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records Negotiation.

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

52.203-7 52.203-7 Anti-Kickback Procedures (MAY 2014)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

"Prime Contractor" as used in this clause, means a person who has entered into a prime contract with the United States.

"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from-

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including paragraph (c)(5) but excepting paragraph (c)(1), in all subcontracts under this contract which exceed $150,000.

(End of clause)

52.222-15 52.222-15 Certification of Eligibility (MAY 2014)

(a) By entering into this contract, the Contractor certifies that neither it nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C.

3144(b)(2) or 29 CFR 5.12(a)(1).

(b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b)(2) or 29 CFR 5.12(a)(1).

(c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

52.243-1 52.243-1 Changes-Fixed Price (AUG 1987)

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:

(1) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications.

(2) Method of shipment or packing.

(3) Place of delivery.

(b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.

(c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

(d) If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.

(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

52.246-1 52.246-1 Contractor Inspection Requirements (APR 1984) The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

52.247-28 52.247-28 Contractor's Invoices (APR 1984)

The Contractor shall submit itemized invoices as instructed by the agency ordering services under this contract. The Contractor shall annotate each invoice with the contract number and other ordering office document identification.

(End of clause)

52.223-6 52.223-6 Drug-Free Workplace (MAY 2001)

(a) Definitions. As used in this clause-

"Controlled substance" means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11 - 1308.15.

"Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.

"Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance.

"Drug-free workplace" means the site(s) for the performance of work done by the Contractor in connection with a specific contract where employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.

"Employee" means an employee of a Contractor directly engaged in the performance of work under a Government contract. "Directly engaged" is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance.

"Individual" means an offeror/contractor that has no more than one employee including the offeror/contractor.

(b) The Contractor, if other than an individual, shall-within 30 days after award (unless a longer period is agreed to in writing for contracts of 30 days or more performance duration), or as soon as possible for contracts of less than 30 days performance duration-

(1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition;

(2) Establish an ongoing drug-free awareness program to inform such employees about-

(i) The dangers of drug abuse in the workplace;

(ii) The Contractor's policy of maintaining a drug-free workplace;

(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and

(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(3) Provide all employees engaged in performance of the contract with a copy of the statement required by paragraph (b)(1) of this clause;

(4) Notify such employees in writing in the statement required by paragraph (b)(1) of this clause that, as a condition of continued employment on this contract, the employee will-

(i) Abide by the terms of the statement; and

(ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction;

(5) Notify the Contracting Officer in writing within 10 days after receiving notice under subdivision (b)(4)(ii) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;

(6) Within 30 days after receiving notice under subdivision (b)(4)(ii) of this clause of a conviction, take one of the following actions with respect to any…