1204R320Q0001.pdf

1204R320Q0001, NFJD RD Janitorial Contract

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

NORTH FORK JOHN DAY RANGER DISTRICT

JANITORIAL SERVICES RFQ

ITEM

NO.

DESCRIPTION

UNIT OF

ISSUE

QTY.

UNIT

PRICE

TOTAL

AMOUNT

BASE ITEM

Nov. 1, 2019-Oct. 31, 2020 Month 12 $ $

2 On Call – Emergency

Cleaning

Each 5 $ $

3 As Needed - Residence House

Ukiah Compound

Each 3 $ $

4 As Needed – Bunkhouse

Ukiah Compound

Each 3 $ $

5 As Needed – Bunkhouse

Frazier Work Center

Each 3 $ $

Base Total $

OPTION ITEM 1

Nov. 1, 2020-Oct. 31, 2021

Month

Cleaning

Each 5 $ $

3 As Needed - Residence House

Ukiah Compound

Each 3 $ $

4 As Needed – Bunkhouse

Ukiah Compound

Each 3 $ $

5 As Needed – Bunkhouse

Sub-Total Option 1 $

OPTION ITEM 2

Nov. 1, 2021-Oct. 31, 2022

Month

Cleaning

Each 5 $ $

3 As Needed - Residence House

Ukiah Compound

Each 3 $ $

4 As Needed – Bunkhouse

Ukiah Compound

Each 3 $ $

5 As Needed – Bunkhouse

Sub-Total Option 2 $

Base & All Options Total $

SECTION C - Description/Specifications/Statement of Work

DESCRIPTION/STATEMENT OF WORK

The Contractor shall furnish all labor, supervision, equipment & supplies necessary to complete required services, including but not limited to: cleaning compounds, polish, floor wax, stripping compound, carpet shampoo, carpet shampoo machines, floor buffer, vacuum cleaner, and any other industrial equipment and supplies necessary to perform janitorial services for the North Fork John Day Ranger District, Ukiah Oregon; approximately 9,500 sq. ft., which includes the Main Office, outside public restroom (east of main office), Fire Office, and the basement of the new bunkhouse building, which is a wellness center and conference room.

Work also includes cleaning of three (3) as-needed items consisting of 1200-1400 sq. ft. residential houses on the

Ukiah Compound; three (3) 1750-2800 sq. ft. bunkhouses on the Ukiah Compound; and a 4800 sq. ft. bunkhouse located at Frazier Work Center approximately 18 miles east of Ukiah. The intent is to clean only when vacated to get ready for new tenants, no other cleaning is required. Quantity is listed as 3 for pricing and evaluation purposes, the quantity could be less or more than what’s listed.

The work shall not interfere with Government business, employees, or work being done by other contractors. The

Contractor shall not disturb papers on desks, open drawers, cabinets, use telephones or other office machines.

Includes reading or inspecting items found on desks or in work areas and repeating any information to others outside government facilities. No wastebaskets, cleaning supplies, or other items are to be placed on office equipment, desks or tables. The Contractor shall not confront employees about cleanliness of workspaces. The contractor shall not bring pets or any unauthorized persons into the government facilities or allow access to anyone other than those authorized under the contract.

Janitorial service shall be performed Tuesday, Thursday and one weekend day (Saturday or Sunday) unless agreed to in writing by both parties.

From June 1 thru September 30 (fire season), the cleaning hours shall be between 6:00 p.m. and 10:00 p.m.

From October 1 thru May 31, the cleaning hours shall be between 4:30 p.m. and 10:00 p.m. on Tuesday and

Thursday; and between 7:00 a.m. and 9:00 p.m. on weekend days.

Heavy fire activity may warrant a shift in these hours, which shall be agreed upon should the need arise.

Emergency janitorial services is on an on-call basis and contractor will be notified verbally by the COR or CO, followed by the issuance of a Work Order.

Contractor shall be held responsible for security of buildings and all fixtures and appliances attached when performing on the premises. District Offices shall be locked after janitorial work is completed.

PROJECT LOCATION

Ukiah, Oregon is located approximately 50 miles south of Pendleton, Oregon off Highway 395 and approximately 1 mile east of the junction of Highways 395 & 244; the North Fork John Day District compound is on the west side of

Ukiah directly off Highway 244. Frazier Work Center is located approximately 18 miles from the District Office.

AGAR 452.211-74 PERIOD OF PERFORMANCE

Estimated start work date is November 1, 2019.

Items 1 – Base Year (Contract Period: November 1, 2019 –October 31, 2020)

Items 2 and 3 – Option Year 1 (Contract Period: November 1, 2020– October 31, 2021) – if exercised

Items 4 and 5 – Option Year 2 (Contract Period: November 1, 2021 – October 31, 2022) – if exercised

8. FAR 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 1 year; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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

October 31, 2022.

BIOBASED PRODUCTS

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased products. The Contractor shall utilize the greatest number of biobased products available that meet applicable health and environment specifications.

The following is a list of categories for products that may be required for performance of custodial duties. Each product submitted for use under this contract must be identified with at least one of these categories (some products may be listed under more than one category). Labeling shall be printed on all containers.

Contractor is required to furnish MSDS sheets on all products used to perform these services.

All-purpose cleaner Degreaser/cleaner

Heavy duty cleaner Deodorizer

Carpet shampoo Floor finish

Gum Remover Floor finish restorer

Disinfectant sanitizer Floor sealer

Extraction Fluid Furniture polish

Floor stripper Glass cleaner

Neutral cleaner (liquid) Grout Sealer

Spot and stain remover Lime and scale remover (tub & tile cleaner)

Air freshener including dispenser Liquid hand soap including dispenser

Bathroom cleaner Stainless steel polish

Brass polish/cleaner Toilet bowl cleaner

Chrome polish/cleaner White board cleaner

Cream cleaner Wood floor cleaner

Solvent spotter Laundry detergent

For more information regarding the Department of Agriculture Biobased Affirmative Procurement Program got to http://www.usda.gov/procurement /biobased/APP.pdf.

http://www.usda.gov/procurement%20/biobased/APP.pdf

EMERGENCY SERVICES – ON-CALL

The Contractor shall be notified verbally by the COR or CO, followed by the issuance of a Work Order, if emergency cleaning service is needed in any of the listed government facilities, including the public restroom.

Emergency cleaning service covers all unforeseen occurrences outside the normal cleaning schedule and will be listed on the Work Order. Minimum notice given to the Contractor will be 1 day. The technical specifications listed in this contract apply.

AS-NEEDED SERVICES

The Contractor shall be notified verbally by the COR or CO, followed by the issuance of a Work Order, if as-needed services for the residence house and bunkhouses. The intent is to thoroughly clean the premises once it is vacated by current tenants, getting it clean and ready for the new tenants. A minimum of one week’s notice will be given prior to the expected need of the Government. Requirements are listed in F. below.

TECHNICAL SPECIFICATIONS

Minimum Services

A. Three times a week

1. Clean floors and entries. Sweep tiled and linoleum areas and vacuum all carpeted areas in all listed buildings including the front entryway and sidewalk.

2. Damp mop entrance way floor in Main office.

3. Empty all waste baskets and refuse containers into dumpsters.

4. Clean, mop and sanitize scrub toilet (bowls, seats, tanks, base), urinals, sinks, restroom facilities/floors, utility room sinks, drinking fountain, and adjacent floor and wall areas.

5. Replenish paper towels, soap, and toilet paper dispensers in restrooms.

6. Clean glass on front doors of finger prints, bird droppings. etc.

7. Replace burned out office lights.

8. Dust displays in entryway i.e. owl’s area and display case in fire office.

9. In the wellness center all equipment handrails, handlebars, control panels and any other portion of the equipment that is touched shall be sanitized. Vacuum carpet areas in wellness center and conference room area.

10. Empty and clean ashtrays by office entrances.

B. Weekly Service:

1. Wet mop and buff linoleum/tile. (Remove all black scuff marks from linoleum or vinyl flooring & re-wax if necessary.)

2. Damp wipe meeting room tables.

3. Dust all window blinds and dust cobwebs from ceilings/walls.

4. Clean office porches underneath overhang area of buildings, removing spider webs, and bird droppings.

(clean bird droppings off railings on the front porch area with soap and water, from May thru September).

5. Clean handprints and other easily removable spots from walls and doors.

6. Dust all office furniture, door jambs, doors, window sills, door glass, floor, ceiling, vents, and heat registers.

7. Clean glass display case of finger prints and other dirt.

8. Spot clean carpet in between cleanings as needed.

C. Three times a year (October, April, and June):

1. Wash all windows inside and outside.

2. Wash restroom walls.

3. Dust light fixtures, (tops and bottoms), remove covers and clean out bugs.

D. Twice Yearly (January and June)

1. Strip all wax from floors to remove build-up, re-seal floors and apply new wax.

2. Shampoo or chemical clean carpets.

E. Emergency On-Call (Item 2 on Schedule of Items)

1. Items required will be taken from Specification A listed above. i.e. empty garbage, clean restrooms, extra vacuuming, sweeping, etc.

F. As-Needed Services (Items 3-5 on Schedule of Items

1. Vacuum and shampoo all carpet areas.

2. Strip and wax all tile floor areas.

3. Vinyl floors may be mopped and cleaned.

4. Wipe down all walls, window sill, door handles.

5. Wipe all shelving and cupboards inside and out, thoroughly clean all counter tops, tables, sinks.

6. Thoroughly clean all appliances present.

7. Clean bathrooms and all fixtures and furnishings.

8. Clean closet interiors, shelving, flooring, walls.

9. Wash all windows inside and outside.

10. Sweep garage floor.

Contractor shall notify COR in writing or verbally at least 1 week in advance of performance of Item C, Three times a year and Item D, Twice Yearly cleaning. Contractor will notify COR in writing or verbally by next business day when Item C or D is performed or when light bulbs are replaced.

Contractor shall use designated utility sinks in Main office and Fire office for cleaning/dumping of mops, buckets and other tools. Contractor shall not use break room for cleaning/dumping mops, buckets, etc.

SECTION D - Packaging and Marking

MSDS sheets for all products being used shall be posted for all employees to access.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CONTRACTOR’S QUALITY CONTROL:

The Contractor is responsible for the quality of the services provided under the contract. The Contractor shall establish and maintain a Quality Control Plan (QCP) that demonstrates how the Contractor will assure quality meets the requirements of the contract.

E-2 Quality Control Plan. The Contractor shall provide a Quality Control Plan (QCP) as part of this Technical

Proposal. The Plan must demonstrate how the Contractor will assure that quality of performance meets the objectives and requirements of the contract. The QCP shall specify:

1. How quality will be monitored to assure performance standards are met.

2. How the work will be supervised.

3. How results of the monitoring will result in quality performance.

4. Identify the personnel responsible for performing quality control.

E-3 Contractor Quality Control Inspection. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data. The Contractor shall assure themselves that performance meets contract specifications, in accordance with clause FAR 52.212-4, Contract Terms and

Conditions – Commercial Items, paragraph (a), Inspection/Acceptance prior to requesting the Government to inspect for payment or acceptance. Upon completion of a unit of work, the Contractor shall contact the Contracting Officer to set a mutually agreed upon date for inspection of completed work.

SECTION F--DELIVERIES OR PERFORMANCE

F.1 FAR 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):

http://farsite.hill.af.mil/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within _ 30_ calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than __ 30__ days. The time stated for completion shall include final cleanup of the premises.

http://farsite.hill.af.mil/

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the

Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the

Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer.

Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G.2 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within __30____ days after the date of contract award. The conference will be held at ___TBD________.

G.3 FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL.(JAN

2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government;

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 SAFETY PLAN

1. The Contractor shall provide a copy of their safety plan at the pre-work meeting. This copy of the Safety plan shall be kept in the contract folder for OSHA’s review.

2. The Safety Plan should be available to all employees and subcontractors working on the contract.

3. The Safety Plan should cover at a minimum:

a. Safety briefings covering the work area, equipment being used, and any special considerations for the work under the contract.

b. Personal Protective Equipment required for the work under the contract.

c. Identify appropriate OSHA requirements for the type of work under the contract.

d. Weather considerations for the time of year of the contract.

e. Communication issues and locations of the nearest medical facilities.

f. Name and point of contact information of supervisor responsible for enforcing Safety Plan.

g. Name, position title and point of contact information of company executive responsible for approving the Safety

Plan.

h. Specific contingency plans for emergencies such as medical, fire, hazard material spills and any other contract assessed hazard prevention and abatement requirement needs that apply to this project.

H.2 SAFETY

Known hazards may consist of, but are not all inclusive of the following:

Prevention of Slips and Falls:

1. To help prevent accidents, the Contractor shall post wet floor areas with signs or barricade areas to restrict access.

2. The Contractor shall post signs whenever mopping, stripping, or finishing floors.

3. Pay particular attention on stormy days to building entrances, stairways, hallways and restrooms.

4. The Contractor shall ensure adequate safety precautions are being exercised while cleaning exterior windows.

Safe Use of Cleaning Materials and Other Chemicals:

Maintenance and custodial work requires the use of several cleaning materials. Some of these can be dangerous if used improperly. The Contractor shall implement the following procedures at a minimum as well as follow information provided on Material Safety Data Sheets (MSDS):

1. Keep materials labeled.

2. Follow the directions for use. Be sure the chemical is properly diluted.

3. Wear protective garments such as rubber gloves or goggles if necessary or required.

4. Provide adequate ventilation to prevent the buildup of fumes or gases.

5. If an individual is exposed to a chemical, get prompt attention; and, if necessary, get medical help. Check the MSDS for the material and/or the label on the container.

6. Do not use unknown chemicals. Find out what it is or dispose of it safely.

Electrical Hazards:

Electrically-powered equipment can be dangerous if used improperly. Use of electrical equipment on a wet floor or under wet conditions can be very dangerous. The Contractor shall follow these procedures at a minimum:

1. Do not use equipment with a spliced cord or with cut or exposed wires, broken wires, a short, or a damaged ground.

2. Report damaged equipment, any equipment that gives a shock, or grounds that have been tampered with to your supervisor.

3. Ground all equipment before use.

Fire Safety and Prevention:

Always be alert to recognize potential fire hazards. If smoke or fire is discovered:

1. Immediately evacuate the area of the fire.

2. Evacuate the building.

3. Sound the alarm if possible.

4. Call the fire department, then your supervisor and the Government (COR).

In addition, the Contractors shall submit a safety plan to the Contracting Officer, in compliance with the

Occupational Safety and Health Administration (OSHA) that addresses the hazards listed above as well as any others, and employee required personal protective equipment required for janitorial services. This job-specific safety plan shall be submitted prior to start work or at the post-award conference.

H.3 FIRE NOTIFICATION

A. Contractor's Responsibility for Fire Fighting

1. The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING

VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES AND IMPROVEMENTS, shall immediately extinguish all fires on the work site.

2. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

B. Contractor's Responsibility for Notification in Case of Fire

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

H.4. GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with provisions of FAR Clause 52.245-2 "Government Property (Fixed-Price Contracts)" found herein.

Item No. Property Description Property Value Qty Location Date Available

1 Keys & Gate Cards $ 200.00 each 4 NFJD Ranger

District Main Office

11/1/2019

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

52.212-4 -- CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS. (Oct 2018)

(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. If repair/replacement or re-performance 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 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. 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 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 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 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) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(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;

(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 at 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 a 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.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation 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. 2409 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, and Unauthorized Obligations 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.

(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 End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government 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 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 EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or 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 clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification 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.

(End of Clause)

Alternate I (Jan 2017) When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(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.

(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.

(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.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; 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.

(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.

(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 provided 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 item 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: [Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert “None” if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert ‘None’.”]

(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: [Insert a fixed amount for the indirect costs and payment schedule. Insert “$0” if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, 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 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.