ATT_1_-_SOW_Asbestos_Solicitation_-_1282D7180004.pdf

Forest Wide Asbestos Inventory White River National Forest

Solicitation No.: 1282D718R0004

Forest-Wide Asbestos Inspection IDIQ

SECTION B – Schedule of Items…………

SECTION C – Statement of Work

SECTION D - Packaging and Marking

SECTION E - Inspection and Acceptance

SECTION F - Deliveries or Performance

SECTION G - Contract Administration Data

SECTION H - Special Contract Requirements

SECTION I - Contract Clauses

SECTION J - List of Documents, Exhibits, and Other Attachments………

SECTION K - Representations, Certifications, and Other Statements of Offerors

SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents

SECTION M - Evaluation Factors for Award

PART I—THE SCHEDULE

SECTION B—SERVICES AND PRICES

PROJECT Asbestos Inspection – 5 Year IDIQ UNIT WRNF AML Program

ITEM NO. DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE

BASE YEAR

1 2018 Dillon Ranger District (Summit County) HR . $ - $ - 2 2018 Aspen-Sopris Ranger District

(Pitkin/Gunnison/Eagle/Garfield Counties) HR . $ - $ - 3 2018 Eagle Ranger District - Eagle County HR . $ - $ - 4 2018 Rifle Ranger Distict - Garfield/Mesa Counties HR . $ - $ - 5 2018 Blanco Ranger District - Rio Blanco County HR . $ - $ -

OPTION YEAR ONE (1)

6 2019 Dillon Ranger District (Summit County) HR . $ - $ - 7 2019 Aspen-Sopris Ranger District

(Pitkin/Gunnison/Eagle/Garfield Counties) HR . $ - $ - 8 2019 Eagle Ranger District - Eagle County HR $ - $ - 9 2019 Rifle Ranger Distict - Garfield/Mesa Counties HR $ - $ - 10 2019 Blanco Ranger District - Rio Blanco County HR . $ - $ -

OPTION YEAR TWO (2)

11 2020 Dillon Ranger District (Summit County) HR . $ - $ - 12 2020 Aspen-Sopris Ranger District

(Pitkin/Gunnison/Eagle/Garfield Counties) HR . $ - $ - 13 2020 Eagle Ranger District - Eagle County HR . $ - $ - 14 2020 Rifle Ranger Distict - Garfield/Mesa Counties HR . $ - $ - 15 2020 Blanco Ranger District - Rio Blanco County HR . $ - $ -

OPTION YEAR THREE (3)

16 2021 Dillon Ranger District (Summit County) HR . $ - $ - 17 2021 Aspen-Sopris Ranger District

(Pitkin/Gunnison/Eagle/Garfield Counties) HR . $ - $ - 18 2021 Eagle Ranger District - Eagle County HR . $ - $ - 19 2021 Rifle Ranger Distict - Garfield/Mesa Counties HR . $ - $ - 20 2021 Blanco Ranger District - Rio Blanco County HR . $ - $ -

OPTION YEAR FOUR (4)

21 2022 Dillon Ranger District (Summit County) HR . $ - $ - 22 2022 Aspen-Sopris Ranger District

(Pitkin/Gunnison/Eagle/Garfield Counties) HR . $ - $ - 23 2022 Eagle Ranger District - Eagle County HR . $ - $ - 24 2022 Rifle Ranger Distict - Garfield/Mesa Counties HR . $ - $ - 25 2022 Blanco Ranger District - Rio Blanco County HR . $ - $ -

AGAR 452.216-73 Minimum and Maximum Contract Amounts. (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2,500.00, but not in excess of $250,000.00, in aggregate, for the period of this contract, inclusive of options.

AUTHORIZED ORDERING ACTIVITIES:

Task orders may be issued by the following authorized officials: Any Contracting Officer within Region Two of the U.S. Forest Service

DUNS NUMBER: _

CONTACT NAME: _

EMAIL:

SECTION C-- STATEMENT OF WORK/DESCRIPTION/SPECIFICATIONS

PROJECT DESCRIPTION AND LOCATION

A. Background Information: The vast majority of the abandoned mines in Colorado were in operation before the 1872 Mining Law. Prior to 1977, there were virtually no laws in the United States requiring that mines be reclaimed at the completion of mining operations.

Today, the abandoned mine lands present very dangerous physical hazards to the visitors of the White River National Forest. The old surface workings and dilapidated buildings can become very unstable and collapse without warning.

B. Currently the Forest Service proactively manages the impacts of abandoned mine lands, by mitigation of physical safety hazards such as closure of mine adits and shafts plus the removal of dangerous structures.

C. Description of Work: The purpose of this project is to conduct an asbestos inventory, prepare project design, and conduct final clearance including Phase-Contrast Microscopy (PCM) air monitoring services, and on Abandoned Mine Lands (AML) throughout the White River National Forest. The asbestos related work is for purposes of demolition, removal, and cleanup activities as part of final restoration.

The State of Colorado requires a Certified Asbestos Building Inspector (CABI) to perform this type of inspection, a Project Designer to determine how much asbestos is required for abatement, and a Certified Air Monitoring Specialist when air monitoring is required for final clearance.

The White River National Forest is the most visited National Forest in the nation encompassing 2.3 million acres and is managed by the following ranger districts located in seven (7) counties:

• Dillon Ranger District – Summit County

• Aspen/Sopris Ranger District – Pitkin County (Aspen), and a small portion of Gunnison

County (Marble) and Eagle Counties (El Jebel/Basalt)

• Eagle/Holy Cross Ranger District - Eagle County

• Rifle Ranger District – Garfield County and a small portion of Mesa County

• Blanco Ranger District – Rio Blanco County

Each task order issued will include project name, location, access (motorized/non-motorized), and dates of performance period.

D. Contract: The contract is a multiple award, indefinite delivery, and indefinite quantity (IDIQ) contract for asbestos inspections throughout the White River National Forest.

E. Project Location: The AML project sites are located in remote areas (including wilderness) in the high country (elevation greater than 6,000 feet above sea level) that require high clearance vehicles to the staging area. From staging areas, hiking is required to reach most locations. There are no utilities (water, electricity, etc.) available at these locations.

Wilderness sites may require livestock (horses/mules) to reach project site.

GOVERNMENT FURNISHED PROPERTY

The Government will not furnish property under this contract.

GENERAL SPECIFICATIONS

TASK ORDERS:

1.0 Task orders will be issued by the Contracting Officer. Each task order will include the following information:

-Date of the task order.

-Contract number and task order number -Contractor’s proposed Statement of Work (SOW) -Task order lump sum price -Contractor’s approved progress schedule

1.1 The contractor's proposal on every task order must be supported by necessary documentation as required, to indicate that adequate planning to accomplish the requirement provided within each task order.

ENVIRONMENTAL CONCERNS AND SAFETY STANDARDS:

FIRE PROTECTION REQUIREMENTS

1.0 All fire and safety regulations are to be followed stringently.

1.1 Codes and Standards. If the listed or referenced fire code or standard requires any equipment or material items not specified or shown in the contract documents, the contractor shall not be relieved of the responsibility of providing the items and requesting installation instructions from the Fire Prevention Office through the Contracting Officer.

1.2 Fire Extinguishers. Extinguishers of a type and quantity acceptable to the Chief, Fire and Emergency Services Office, shall be provided by the contractor and maintained in the construction site area these extinguishers shall be of the type conforming to the most recent editions of the National Fire Protection Association (NFPA) standards and shall remain the property and responsibility of the contractor.

NOISE CONTROL

1.0 Comply with all applicable U.S. and Host Nation laws and regulations relative to noise control.

SITE MAINTENANCE

1.0 The contractor shall inform contract personnel, suppliers, and subcontractors that vehicles shall not be parked on vegetation, at any time. In addition, vehicles may not be driven over vegetation surfaces, unless indicated during a site visit or pre-performance conference. All mud, dirt, debris, foreign objects, or spills of any kind from the contractor's operations (including subcontractors and suppliers) on (all) areas, used as access to the work or staging areas, shall be cleaned up not less than daily, or as requested by the Contracting Officer.

1.2 Hazardous Chemical and Liquid Petroleum Products Spill Prevention. The contractor shall handle and store hazardous liquid materials in approved areas and comply with the spill prevention and response requirements of regulations and laws mentioned under section 7, “Environmental Laws and Regulations.”

PROJECT CONDITIONS

1.0 All operations, materials and installation shall comply with City, County, State, and Federal building code requirements, manufacturer’s instructions, and these specifications. The contractor shall be responsible for all permits that may be required to perform work.

AVAILABILITY/UNAVAILABILITY OF UTILITIES SERVICES

1.0 All amounts of water, natural gas, electricity, etc., essential to contract performance, will not be made available to the contractor from existing systems, outlets and supplies. If required, all temporary connections, outlets and distribution lines shall be installed at the contractor’s expense.

WORK RESTRICTIONS

1.0 Project site shall be left in a neat, clean and safe condition at the end of each day’s work.

1.1 Work shall not occur outside the hours of 7 a.m. and 6 p.m. Monday thru Friday without prior approval.

No work shall be performed on Saturday or Sunday without prior approval. No work shall be performed one calendar day before and one calendar day after a federally recognized holiday.

1.2 Storage of equipment and materials shall be confined to the area approved by the CO.

1.3 The Contractor shall coordinate all work and work closely with the Forest Service. The Contractor shall notify the Contracting Officer's Representative at least 3 days in advance before starting operations.

Mobilization to project site will be permitted after Notice to Proceed is issued from the Contracting Officer.

The Contractor shall advise the Contracting Officer's Representative when it is unsafe to perform work.

EMAIL CAPABILITY:

1.0 The contractor shall have e-mail capability, via Internet or other means. This will allow the Contracting Officer to communicate with the contractor via e-mail.

GOVERNMENT LIABILITY:

1.0 The Government shall not be liable for any loss or damage to the contractor's property, including stock, or for expenses incidental to such loss or damage. The contractor shall file a report with the local authorities immediately as is practicable to report loss.

PERSONNEL PROTECTIVE EQUIPMENT:

The Contractor shall provide the following protective clothing, equipment, and supplies:

1. Approved NIOSH and OSHA respirators and protective clothing including head, foot, and full body protection, in sufficient quantities and adequate sizes for all workers (as required).

2. Digital photographic equipment, laboratory sampling bags, and all other incidentals to complete task.

3. Air monitoring equipment (when necessary).

EXECUTION:

All work under this contract shall be in accordance with Federal, State and local regulations. The Contractor shall conduct air sampling (when necessary) for final clearance. The Contracting Officer will determine when the project has been satisfactorily completed. The Contractor shall supply all supervision, labor, transportation, materials, operating supplies, air and sampling equipment, shipping, laboratory fees, insurance, permit fees, and all other items, incidental or otherwise, necessary for complete performance of the work.

DELIVERABLES:

Contractor shall furnish asbestos inspection reports for each task order issued under this contract.

SUPPLEMENTAL SPECIFICATIONS

The asbestos inventory report shall include the following information:

a. Identification of all Asbestos Containing Material (ACM) or Asbestos Containing Soil (ACS):

Photo of sample and location, results of sampling and laboratory analysis which includes the type of asbestos fiber, % of asbestos fiber, and whether asbestos is friable or non-friable (landfill requirement).

b. Location of ACM or ACS: Site map that clearly identifies sample location for each structure, equipment, or soil if recommended for abatement.

c. Quantities of ACM or ACS: Approximate quantities of asbestos if recommended for abatement.

d. Recommendations for abatement of ACM or ACS: Provide recommendations for abatement of

ACM found in each structure, equipment, or soil.

Once the abatement work is complete, the Contractor will be issued a separate task order to verify all ACM or ACS has been removed and provide a final clearance report that documents the abatement of all ACM and

ACS.

DRAWINGS

No drawings are part of this solicitation.

MAPS

Website for the White River National Forest Visitor’s Map:

https://www.fs.usda.gov/main/whiteriver/maps-pubs https://www.fs.usda.gov/main/whiteriver/maps-pubs

SECTION D--PACKAGING AND MARKING

[BLANK]

{There are no clauses for this Section.}

SECTION E--INSPECTION AND ACCEPTANCE

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may -

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

MEASUREMENT AND PAYMENT:

1.0 Measurement and payment will be as one lump sum unit price in accordance with the Schedule of Items. Payment shall include full compensation for furnishing all labor, materials, and equipment needed to complete the work in accordance with these specifications. Payment will also be considered to include compensation for obtaining permits or notifying other agencies.

Pay Item Pay Unit

(01) Asbestos Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hourly

SECTION F--DELIVERIES OR PERFORMANCE

52.242-15 Stop-Work Order. (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause.

Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either -

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

DELIVERIES

A. Contract Performance Time and Required Rate of Progress

The Contractor shall maintain progress at a rate that will assure completion within the performance period. The minimum acceptable rate of progress will be the Contractor’s approved progress schedule.

B. Contract Time

The Contractor shall start work promptly after receipt of a Notice to Proceed. The Contractor shall maintain progress at a rate that will assure completion within the stated contract time. The contract time specified in each Task Order will generally not exceed a required rate of progress exceeding that determined from the approved progress schedule.

Task Orders period of performance may extend past the expiration of this contract with all the terms and conditions of this contract remaining in full force until the Task Order expires.

The Government will issue A Notice to Proceed as soon as weather and ground conditions are favorable for work on one or more of the areas. Contract time will start (1) on the date specified on the Notice to Proceed, if the notice is hand-delivered; Or (2) Contract Time will start on the third-day after the post office has issued a Notice of Certified Mail to the Contractor; Or (3) Contract Time will start when work commences, whichever is sooner.

Failure of the Contractor to pick-up Certified Mail will not be considered excusable.

PERSONNEL TRAINING REQUIREMENTS:

1.0 The Contractor shall be Colorado State Certified by the Air Pollution Control District to work with asbestos in construction, repair, renovation, maintenance, demolition, or salvage activities. At the prework meeting the Contractor shall provide proof of the above certifications and permit to the

2.0 DESIGNATED COMPETENT PERSON: The Contractor shall designate, in writing, at least one designated competent person (DCP) who will be present at all times while work is in progress. The DCP shall be capable of identifying existing asbestos, tremolite, anthophyllite, or actinolite hazards in the workplace and who has authority to take prompt corrective measures to eliminate them, as specified in 29 CFR 1926.32(f). The duties of the DCP include: controlling entry to and exit from the site;

supervising any employee exposure monitoring required by the standard; ensuring that all employees wear the appropriate personal protective equipment, are trained in the use of appropriate methods of exposure control, and use the hygiene facilities and decontamination procedures specified in the standard; and ensuring that engineering controls in use are in proper operating condition and are functioning properly.

SUBMITTALS:

1.0 The Contractor shall not proceed with any work until all submittals have been provided and approved by the Contracting Officer. The following submittals shall be provided to the Contracting Officer:

1. Training Certification. The Contractor shall provide copies of all training documents for the designated competent person and each employee required by Federal, State, or local authorities.

SECTION G--CONTRACT ADMINISTRATION DATA

452.215-73 Post-award Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at:

White River National Forest – Supervisor’s Office 900 Grand Avenue Glenwood Springs, CO. 81601

(End of Clause)

SECTION H--SPECIAL CONTRACT REQUIREMENTS

452.236-77 Emergency Response. (NOV 1996)

(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 other than those fires in use as a part of the work. (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.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: CONTRACTOR

REPRESENTATIVE

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below.

After the initial 90-day period, the Contractor shall submit the information required by paragraph

(c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

52.202-1 Definitions. (NOV 2013)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

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

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011)

52.204-7 System for Award Management. (JUL 2013)

52.204-13 System for Award Management Maintenance. (JUL 2013)

52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2014)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

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

52.228-5 Insurance - Work on a Government Installation. (JAN 1997)

52.229-3 Federal, State, and Local Taxes. (FEB 2013) 52.232-11 Extras. (APR 1984) http://farsite.hill.af.mil/

52.232-18 Availability of Funds. (APR 1984)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.212-4 Contract Terms and Conditions - Commercial Items. (MAY 2014)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result 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, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required 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 contract 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

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of 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; and (9) The specification.

(t) System for Award Management (SAM) (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(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 User 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.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (MAY 2014)

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 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.)

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

http://www.acquisition.gov/

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (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 (JUL 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) (Reserved)

[] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (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. (AUG, 2013) (31 U.S.C.

6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

[X] (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

[] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (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 2011) (15 U.S.C.

644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C.

644).

[] (ii) Alternate I (OCT 1995) of 52.219-7.

[] (iii) Alternate II (MAR 2004) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (MAY 2014) (15 U.S.C.

637(d)(2) and (3).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2013) (15 U.S.C.

637(d)(4)).

[] (ii) Alternate I (OCT 2001) of 52.219-9.

[] (iii) Alternate II (OCT 2001) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[X] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C.

637(a)(14)). [] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999)

(15 U.S.C.

637(d)(4)(F)(i)).

[] (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323)(if the offeror elects to waive the adjustment, it shall so indicate in its offer.)

[] (ii) Alternate I (JUN 2003) of 52.219-23.

[] (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (JUL 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (23) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[] (25) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)).

[] (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 2013) (15 U.S.C. 637(m)).

[] (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (JUL 2013) (15 U.S.C. 637(m)).

[X] (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).

[X] (30) 52.222-21, Prohibition of Segregated Facilities (FEB

1999). X (31) 52.222-26, Equal Opportunity (MAR 2007) (E.O.

11246).

[X] (32) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

[X] (33) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

[] (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

[] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[] (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[] (39)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

[](ii) Alternate I (DEC 2007) of 52.223-16.

[X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011)

[X] (41) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq.