12474022Q0006.pdf

PDF 2 MB Posted May 4, 2022

Attached to: Memphis, TN - BPA for HVAC services and emergency repairs
Solicitation number: 12474022Q0006
Issued by: Department of Agriculture Agricultural Marketing Service

View the file

On GovTribe

Work with this file

Download the original file
Contacts named in this file
Similar government files
Ask GovTribe AI about this file

Try for free Login

Text version

The file's text, extracted by GovTribe without its formatting.

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

AMS-CN-ADA-47DE

MEMPHIS TN 38133-2701

3275 APPLING ROAD, ROOM 1

ASSOCIATE DEPUTY ADMINISTRATOR

CODE 16. ADMINISTERED BYCODE

811310

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORAMS-CN-ADMN-4740

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/04/2022

540-361-1126BEVERLY BROWN

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

05/18/2022 1000 ET

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION 5. SOLICITATION NUMBER

12474022Q0006

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 87OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

MEMPHIS TN 38133-2701

3275 APPLING ROAD, ROOM 2

9. ISSUED BY

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

ADMINISTRATIVE STAFF

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 1 YR

Tax ID Number: Not Available DUNS Number: Not Available HVAC Maintenance Services and Emergency Repair Services Period of Performance: 05/23/2022 to 05/22/2027

Annual Preventative Maintenance for HVAC System

Product/Service Code: J037 Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

BEVERLY S. BROWN

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

31c. DATE SIGNED

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

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0002 1 HR

0003 1 HR

0004 1 HR

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- AGRICULTURAL MACHINERY AND EQUIPMENT

HVAC Emergency Call - Normal business hours 8:00 am -5:00 pm - M-F

NOTE: Materials will be priced as needed per call

Product/Service Code: J037

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- AGRICULTURAL MACHINERY AND EQUIPMENT

HVAC Emergency Call - After 5:00 pm - M-F (this includes after midnight, etc.)

NOTE: Materials will be priced as needed per call

Product/Service Code: J037

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- AGRICULTURAL MACHINERY AND EQUIPMENT

HVAC Emergency Call - Weekends (Saturday and

Sunday): 8:00 am - 5:00 pm

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 87

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12474022R0002

0005 1 HR

NOTE: Materials will be priced as needed per call

Product/Service Code: J037

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- AGRICULTURAL MACHINERY AND EQUIPMENT

HVAC Emergency Call - After 5:00 pm Weekends (this includes after midnight, etc.)

NOTE: Materials will be priced as needed per call

Product/Service Code: J037

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- AGRICULTURAL MACHINERY AND EQUIPMENT

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

STATEMENT OF WORK

HVAC MAINTENANCE CONTRACT

MEMPHIS TENNESSEE COTTON CLASSING FIELD OFFICE

C.1 SCOPE OF WORK:

The USDA, Cotton and Tobacco Program is seeking a Contractor to provide heating, ventilation, and air conditioning (HVAC) maintenance services. The Contractor shall furnish all labor, materials, equipment, parts, permits, insurance, supervision and transportation necessary to maintain all of the HVAC System and provide full maintenance service, including routine/preventive, (minor) repairs, inspections, emergency/major maintenance services, for the HVAC mechanical system, including all of its operating, distributing and controlling components. These systems shall be maintained at optimum efficiency in accordance with manufacturers’ recommendations.

The Agricultural Marketing Service, Cotton and Tobacco Program is requesting for Contractor to provide maintenance and repairs of the heating, ventilation, and air conditioning system for the following location:

USDA, AMS, Cotton Program 3275 Appling Road Memphis, TN 38133

C.2 DEFINITIONS:

EMERGENCY REPAIRS

Emergency maintenance is defined as unscheduled work, other than preventive maintenance, that requires immediate action to restore equipment or system operations, to correct mechanical problems that will cause imminent interruption of operations or will cause damage to operating equipment.

C.3 QUALIFICATIONS OF OFFERORS:

Prior to submitting a proposal for the work described by the specifications for this solicitation, the offeror must have at least five (5) complete and consecutive years of experience in providing full service maintenance of an HVAC mechanical system; this system must be similar in size and design to the system located at the cotton classing office in Memphis, Tennessee

The contractor shall be licensed in Tennessee and comply with licensing regulations of the Department of Labor.

The contractor shall employ only individuals who hold valid license experienced issued by the State HVAC Board to provide, or assist in providing, HVAC services as specified, throughout the term of the contract. Only those listed license holders will be allowed to perform work under this contract.

The Contractor shall have in his regular employ qualified HVAC master mechanics. He must also provide a copy of the names and a copy of the current license, including license number of the designated Master License holder for this contract.

The contractor shall provide one (1) 24 hour emergency telephone number. The agency must have a means of contacting emergency personnel on a twenty-four (24) hour/seven (7) days per week basis to respond to emergency calls within one (1) hour. When this call is made, a qualified mechanic must respond.

The Contractor shall have adequate supplies in stock of tools, lubricants, filters, electrical parts, mechanical parts, etc., to perform all maintenance and repair with a minimum of downtime.

When work is performed, it must satisfy local, state, and federal building safety code. All work performed by the Contractor’s tradesmen shall meet all the applicable codes and standards, and be performed under the Contractor license. The Contractor shall provide his employees with Workmen’s Compensation Insurance as required by law.

It will be the responsibility of the Contractor’s service personnel to log in and out with designated building personnel each time he or she visits the site for either a routine or emergency service check. An itemized ticket indicating the work accomplished will be left with the designated personnel after each visit.

All workers and staff of the Contractor who will be working within the facility shall be subject to a security background check. The Contractor shall submit a list of all workers and staff of the Contractor who will be working within the facility at least two (2) weeks before work initiation.

Based on the security background check, the facility may prohibit any individual person from working on the project. There is no fee for this security background check.

Only those listed license holders will be allowed to perform work under this contract.

Note: All documents including (certification, licenses and permits) must be submitted to the AMS Procurement Officer with the proposal. Failure to submit all the attached documents with the proposal may result in your proposal being rejected.

C.4 WORKING HOURS:

Regular service work which does not interfere with normal mechanical operations shall be performed during normal working hours (7:00 a.m. to 5:00 p.m.), Monday through Friday.

Work which requires system shutdown and emergency, or overtime work shall be coordinated with the designated personnel.

C.5 LOCAL CONDITIONS COVERING WORK:

The contractor personnel will at all times limit activity to the respective work areas so as not to disturb employees. Loud boisterous behavior will not be permitted. The Government reserves the right to ban any undesirable employees or individuals with just cause. Contractor’s employees will adhere to the security measures instituted by the facilitator designated to the facility.

The contractor shall cooperate with those in authority on the premises to prevent the entrance and exit of all unauthorized workmen or others whose presence is prohibited or undesirable in order to observe all rules and regulations in force on the grounds and to prevent the loss of, or damage to the property of the owner (leaser) and its employees. Successful Contractor shall repair any and all damage they may cause to the building or property.

C.6 FEDERAL HOLIDAYS:

Federal holidays which shall be observed:

• New Year’s Day

• Independence Day

• Martin Luther King

Day

• Labor Day

• Presidents Day

• Columbus Day

• Veteran’s Day

• Memorial Day

• Thanksgiving Day

• Christmas Day

• Juneteenth

C.7 EQUIPMENT LIST:

The following is a generic list of equipment in the facilities.

• Chillers

• Boilers

• Cooling Coils

• Reheat Coils

• Fans / Blowers

• Motors

• Pumps

• Intra-vac / Outer-vac Filters

• Drive units

• Controllers

• Valves

Note: The listing of maintenance equipment, tasks and procedures to be performed is not intended to be all inclusive. Rather, it is intended to be representative of the scope of maintenance service to be provided. Omission of the description of specific task or of identification of specific equipment or system components does not relieve the Contractor of the responsibility for maintenance of any part of the HVAC systems and all associated operating, distributing and controlling equipment, devices or components.

C.8 PREVENTIVE MAINTENANCE:

Preventive Maintenance is defined as periodically scheduled work to provide systematic routine services, checking, adjustments, cleaning, and minor repairs, testing and inspecting equipment to reduce or avoid service interruption in strict compliance with the relevant equipment manufacturer’s recommendations. Preventive maintenance will be performed at the hourly rate proposal, and will be in consult with the office head or his designee. Needed replacement parts will be charged based on the Contractor’s proposal.

C.8.1 PREVENTIVE MAINTENANCE SERVICES – Services performed during preventive maintenance shall include, but not be limited to, the following:

• Repair or replace at no charge to the Cotton & Tobacco Program, any part which proves defective. Repaired or replacement parts must be installed by the contractor.

• Replacement of all filters according to measured pressure drops across the filter media.

• Clean and oil or grease all bearings, including motors, fans, valves, pumps, damper bearings, including furnishing oil and grease. Vibration and balance test all rotating machinery.

• Make general inspection of the unit and related system for any unusual sound or condition, leak, etc. then investigate and correct same.

• Cycle the unit through a sequence of operation in order to determine if the operating conditions and sequences are correct; make any necessary adjustments and calibrations to insure proper operation of equipment.

• Adjust all belts for proper tension. Replace any worn or tattered belts with like design.

• Check oil level and refrigerant levels; fill to proper operating levels.

• Check electrical circuits, check all terminals and tighten all lugs as needed, clean or replace contacts as required, assure all VFD’S are free of metal grindings and fans are operational.

• Check control system for proper response and operation. Adjust as required to maintain energy conservation measure as directed by State.

• Examine air conditioning system for leaks in soldered and flange joints; repair as needed

• Clean heating and cooling coils and repair as required;

• Inspect burners for plugged ports; dismantle and clean pilot port, check all flame sensors and hot surface igniters for proper operation.

• Check motors and fan blades for cleanliness and balance, remove dirt or grease and lubricate motors if bearings are not sealed type.

• Heat Exchanger – Clean all tubes with nylon brush and water annually. If necessary, acid clean to insure continuous, safe operation. Hydrostatic test all heat exchanges.

• Provide all service as needed for proper air or water balance to maintain constant balance throughout the system, this article also includes bladder tank.

• Provide all service calls required to keep the equipment operating at maximum obtainable efficiency.

• Test and or calibrate all thermostats and or sensors annually for proper temperature reporting.

• Contractor shall monitor the performance of the water treatment services to ensure it does not interfere or degrade the overall HVAC system.

C.9 SCHEDULED INSPECTIONS AND ADJUSTMENTS:

Contractor shall make regularly scheduled inspections and adjustments to equipment in accordance with good trade practices and procedures such as recommended by the equipment manufacturers in their maintenance procedure. Preventive maintenance inspections shall be performed by qualified factory trained mechanics in the regular full-time employ of contractor.

Preventive maintenance is to be performed at the manufacturer’s warranty and other requirements. All maintenance should be done in coordination with the Office Head or Designee.

C.10 EQUIPMENT PERFORMANCE STANDARDS:

Contractor shall maintain at all times the standards of operation, efficiency, safety, capacity, etc., of the equipment as designed and installed. It is the intent that interrupted service depreciation is kept to a minimum through an adequate preventive maintenance program.

C.11 DISPOSAL OF ITEMS: It is the contractor’s responsibility to remove and dispose of all bad parts, used oil, bad batteries, and any and all parts or equipment containing mercury.

C.12 FLOOR PROTECTION: In the event any large equipment or machinery needs to be moved throughout the building, floor protection in all areas is required. Any damages to floors resulting from the lack of floor protection will be the responsibility of the contractor to make repairs or replacement to the satisfaction of the state.

C.13 FIDELITY BOND:

Contractor’s employees must be bonded by a company approved by the State of Tennessee Insurance Commissioner to issue such bonds in Tennessee. The bond or bonds shall protect the State against loss by the theft of money or other property from the premises to which the State or others may sustain as a result of any fraudulent or dishonest act of Contractor’s employee, acting alone or in collusion with others, during the term of this contract. Said bond or bonds shall have a limit at $2,500 per occurrence, per employee. Unless the Procurement Officer otherwise agrees, and no later than time of award of contract, contractor must deliver said bond to the State. The Contractor’s must provide the State with a notice of cancellation within fifteen (15) days.

The Procurement Officer shall request insurance and the Contractor must submit any required certificates of insurance of the Procurement Officer for the duration of the contract. The State shall have the absolute right to terminate the contract if any insurance policy is canceled at any time for any reason and a new policy is not obtained by the Contractor and approved by the Procurement officer. Unless the Procurement Officer agrees, the new policy must be effective as the previous policy’s date of cancellation.

C.14 MAJOR REPAIRS:

Under no circumstance shall equipment or system failure that results in loss of essential services exceed two (2) regular work days to correct after such trouble is reported. This includes locating the trouble, obtaining parts, installation of these parts and placing of the equipment back into operation. Every effort shall be made to expedite any and all repairs in accordance with set limits. Inability to obtain parts or special technical or engineering services will not be considered reason to extend this time period. When performing repairs, contractor shall replace all parts necessary to restore equipment to complete operational services.

The Cotton & Tobacco Program reserves the right to seek competitive proposals for all major overhauls and repairs as may be required during the term of the contract. The Contractor awarded the preventive maintenance contract as a result of this solicitation shall work cooperatively with any other Contractor the Cotton & Tobacco Program may have to perform any major repairs. If the Cotton & Tobacco Program elects to use the contractor, the parts and labor rates included in the contract shall apply.

Major repairs may be excluded from the scope of the Contract at the discretion of the agency.

However, the agency may direct the contractor to perform a major repair and the Contractor will be bound to the hourly rates on the contract. Freight charges will be billed direct to the Government and reimburse the Contractor for the full amount of the freight expense. The invoice shall contain the necessary breakdown of costs with backup documentation.

IN ALL CASES, THIS COST RESPONSIBILITY SHALL APPLY TO EACH PART REQUIRED. NO

COMBINING OF COST FOR MULTIPLE PARTS WILL BE PERMITTED.

In the event of equipment failure, or imminent failure or damage, on-site response by qualified maintenance mechanic shall be made within 1 hour after the Contractor has been given notification of the emergency situation. Service response shall be sufficient to restore equipment or system to operation of the system. If temporary measures are taken to restore operation, then permanent repair service shall be completed within five (5) working days.

Emergency maintenance service shall be available twenty-four (24) hours of the day, every day and week of the year throughout the contract term.

Failure of the Contractor to provide Emergency Service within the stated time frames may be cause to consider the Contractor in default of the contract by the Procurement Officer.

PLANNED: Planned or recommended contingency work will be estimated promptly by the Contractor and submitted in writing for approval by the Area Director.

EMERGENCY: Emergency unplanned work will be ordered by the Area Director as required or recommended by the Contractor to prevent damage to the Cotton and Tobacco Program property and to serve the needs of the Cotton and Tobacco Program when there is an actual or immediate threat to the continuance of essential normal operation.

Note: The Cotton and Tobacco Program is not responsible for parts for Emergency Services and Major Repairs that are due to misuse or negligence by the Contractor.

C.14.1 PART AND MATERIALS:

Major Repairs and Emergency Repairs are made in accordance with the specifications herein. A copy of the manufacturer’s invoice to the Contractor shall be submitted with invoice for payment. The Contractor shall provide replacement parts from the original manufacturers or substitute parts approved by the original manufacturers. The Cotton and Tobacco Program shall pay all parts expense, except those required for the preventive maintenance services.

Unless otherwise directed, The Contractor shall furnish and install all parts (those paid by the State and those paid by the Contractor) for Preventive Maintenance.

Repair and replacement parts charge to the Cotton and Tobacco Program will be invoiced at cost. “Cost” is defined as the manufacturer’s charge to contractor, including freight charges and transportation reflected on manufacturer’s invoice. Freight charges will be directed to the Cotton and Tobacco Program and the Cotton and Tobacco Program shall reimburse the Contractor for the amount of the freight expense. The invoices shall contain the necessary breakdown of costs with back-up documentation. The Cotton and Tobacco Program reserve the right to selectively audit contractor’s invoices in order to verify the cost price for said parts.

Note: The Contractor shall guarantee all major repair workmanship, parts and materials for a period of two (2) years.

C.14.2 BREAKDOWNS AND SHUTDOWNS:

Minor breakdowns and shutdowns, such as electrical troubles, burned out control coils, open circuits, electrical or mechanical adjustments will be repaired or corrected immediately and expeditiously. No breakdowns or shutdowns shall take more than two (2) days (or sooner) to correct after such trouble is reported. No major shutdowns or breakdowns shall take more than two (2) days (or sooner). This includes locating the trouble, obtaining parts, installation of these parts and placing the equipment back into operation. Every effort shall be made to expedite any and all repairs in accordance with set limits.

In all cases of request for service by the State, the Contractor shall respond no later than two

(2) hours from time request was made.

C.14.3 PAYMENT TO CONTRACTOR:

The Contractor shall be paid the contract price specified in the schedule for all service delivered and accepted, provided that the contractor certifies that all scheduled services have been performed.

At the end of each month, the Contractor shall obtain provisional payments upon submission of proper invoices for HVAC to the office Area Director. The Contractor shall include on the front of the invoices, Federal Tax Identification Number or Social Security Number. All invoices shall be addressed as follows.

USDA, AMS, Cotton Program

3275 Appling Road Memphis, TN 38133

The Cotton & Tobacco Program may withhold provisional payments pending verification of the completion of all work required during period covered by the invoice. If a portion of the work is found incomplete or unsatisfactory, money reflecting the value of the work may be subtracted from the total contract cost.

C.15 SERVICE REPORTS:

The Contractor shall submit reports to the Area Director for each visit to the site, whether for routine, preventive, repair or emergency maintenance services. The service reports shall be prepared in sufficient detail and description to identify the date, equipment location and specific work performed. The Area Director will review the work with the service personnel and sign the service report to acknowledge satisfactory completion of the work as described.

Note: A separate log must be maintained for (preventive, major and emergency) maintenance services, each time the contractor or his HVAC mechanics perform work at the facility.

C.16 COTTON & TOBACCO PROGRAM RESPONSIBILITY:

The Area Director or his/her designee will receive instructions in the operation of said equipment, such representatives to have authority to carry out recommendations received from contractor in conjunction with normal accomplishments of the contractor. The Cotton & Tobacco Program reserves final authority in acting on these recommendations.

To operate the equipment in accordance with manufacturer’s instructions, and notify contractor promptly of any change in the usual operating conditions.

Keep all equipment rooms and space free of materials extraneous to said system and to move any stock, fixtures, needed to facilitate all work called for here in this contract.

Permit access to building, parking, and use of existing shop facilities and utilities.

Section D - Clauses and Provisions:

D.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):

https://www.acquisition.gov/?q=browsefar

FAR 52.203-5 Covenant against Contingent Fees MAY 2014 FAR 52.203-17 Contractor Employee Whistleblower APR 2014

Rights and Requirement to Inform Employees of Whistleblower Rights

FAR 52.203-7 Anti-Kickback Procedures MAY 2014 FAR 52.204-18 Commercial and Government Entity Code Reporting AUG 2020 FAR 52.222-17 Nondisplacement of Qualified Workers MAY 2014 FAR 52.223-18 Encouraging Contractor Policies to AUG 2011

Ban Text Messaging While Driving FAR 52.225-25 Prohibition on Contracting with Entities

Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications AUG 2018

FAR 52.232-39 Unenforceability of Unauthorized JUNE 2013 Obligations

FAR 52.232-40 Providing Accelerated Payments to Small Business DEC 2013 Subcontractors

FAR 52.233-2 Service of Protest SEPT 2006 FAR 52.242-17 Government Delay of Work APR 1984

D.2 FAR 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 reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

https://www.acquisition.gov/?q=browsefar/

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(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.

(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;

(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)

D.3 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. (Sep 2021)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108- 77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

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

X __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X __ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved]

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

__ (ii) Alternate I (Mar 2020) of 52.219-6.

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

__ (ii) Alternate I (Mar 2020) of 52.219-7.

X __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

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

__ (ii) Alternate I (Mar 2020) of 52.219-13.

X __ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s).

https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

X __ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

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

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated May 4, 2022.