12837120Q0121 Revision 3 Grassland Educ Trailer Design Install.pdf

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

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 995230 18

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

12837120Q0121 DATE

Re-issue 7/29/2020

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION MARGARET CISCO calls) LOCAL TIME

INFORMATION CALL: 9/10/2020 1600

(Arizona Time)

9. ISSUED BY CODE 10. THIS ACQUISITON IS

USFS SOUTHWEST REGION 3 ACQUISITON UNRESTRICTED OR SET ASIDE: 100% FOR

333 BROADWAY SE SMALL BUSINESS EMERGING SMALL

BUSINESS

ALBUQUERQUE, NM 87102 HUBZONE SMALL

NAICS: 484230 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: $30.0 Million OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

SAME AS BOX NO. 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE www.ipp.gov (US TREASURY)

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

GRASSLANDS EDUCATIONAL TRAILER

DESIGN

SEE SCHEDULE OF ITEMS

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

25. ACCOUNTING AND APPROPRIATION DATA

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

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

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

MARGARET CISCO, PURCHASING AGENT

31c. DATE SIGNED http://www.ipp.gov/

COMMERCIAL ITEMS RFQ SOL NO.: 12837120Q0121

REVISISION 3 2020 GRASSLANDS EDUCATION TRAILER DESIGN

KIOWA & RITA BLANCA NATIONAL GRASSLANDS

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.3/2005) BACK

COMMERCIAL ITEMS RFQ SOL NO.: 12837120Q0121

SECTION B – SCHEDULE OF ITEMS

2020 Grasslands Education Trailer Design Kiowa and Rita Blanca National Grasslands

Cibola National Forest

ITEM

NO.

REVISED SUPPLIES/SERVICES

QTY UNIT UNIT COST* EXTENDED

COST*

B1.1

Concept Planning

1 JOB $ $

B2.1

Preliminary Design for Educational trailer

B3.1

Final Design for Educational trailer

B4.1

Inside build and fabrication

B5.1

Inside fabrication materials

B6.1

Exterior build

1 LOT $ $

B7.1

Exterior materials

B8.1

Exterior materials

1 LOT $ $

GRAND TOTAL FOR ALL LINE ITEMS*

* OFFER PRICING INCLUDES ALL FEDERAL, STATE, LOCAL TAXES, PERMITS, LICENSES, FEES, ETC. TO COMPLETE THE WORK IN

STRICT ACCORDANCE WITH ALL TERMS AND CONDITIONS CONTAINED HEREIN.

Service Contract Act – All work is subject to Department of Labor Wage Determination WD2015-5458 Revision 14 dated June 6, 2020. Incorporated by referenc into this Request For Quotations (RFQ).

COMMERCIAL ITEMS RFQ SOL NO.: 12837120Q0121

CHECKLIST OF MINIMUM REQUIREMENTS

TO RESPOND TO THIS REQUEST FOR QUOTATIONS (RFQ)

_____ Request For Quotations (RFQ) Return Package SF 1449, Schedule of Items, and Section D requirements

_____ Provide DUNS number____________________

_____ Business email to facilitate communications ________________________________

____Business phone and person to contact for contract administration:

o Name ______________________________________________ o o Phone ______________________________________________ o o Signature ____________________________________________ Date __________

REVISION 3 STATEMENT OF WORK

CUSTOM DESIGN AND FABRICATE ARTWORK FOR THE GRASSLANDS EDUCATIONAL TRAILER

KIOWA AND RITA BLANCA NATIONAL GRASSLANDS, CLAYTON, NM

SCOPE OF WORK:

The contractor shall furnish all labor, supervision, supplies, transportation, equipment and materials needed to conduct the design and fabrication of the artwork for the trailer. The final product will be an interactive representation of the importance of the prairie, and will be ready to travel to educational events.

The contractor will provide the following services: design and fabrication of a mobile exhibit to be installed in a trailer provided by the government (see E.1 Government Furnished Property). The manner in which the services are to be performed and the specific hours to be worked shall be determined by the contractor. The contractor will respond in a timely manner to requests for information as required to meet a timely completion.

LOCATION

All work will take place in the contractor’s studio or place of work. The contractor will travel to pick up the trailer either from the Cibola Forest Supervisor’s Office in Albuquerque, NM or from the Kiowa and Rita Blanca National Grasslands District office in Clayton, NM (to be determined based on discussions with the contractor). The contractor is also responsible for delivering the trailer to the Cibola Forest Supervisor’s Office in Albuquerque, NM or to the Kiowa and Rita Blanca National Grasslands District office in Clayton, NM (to be determined based on discussions with the contractor) after it is complete.

OBJECTIVE:

The objective of the Grasslands Ecosystem Educational trailer is to serve as a self-contained, interactive mobile learning unit and backdrop for a variety of lessons at schools, field days, county fairs, and more. This Grasslands Ecosystem

COMMERCIAL ITEMS RFQ SOL NO.: 12837120Q0121

Educational trailer project is inspired by the Soil Tunnel Trailer of Western Kansas, and more information on the inspiration can be found here: https://soiltunneltrailerwk.com/. This project is an opportunity that allows for a great amount of artist input into design and fabrication of the exhibit.

The artwork within and on the surface of this trailer will not only educate about the prairie ecosystem and its importance, but will also give the public more exposure to a unique part of the Forest Service – the National Grasslands.

The professional, custom design inside, outside, and on top of the trailer will bring the prairie to life for visitors so that the public can experience the relationship between the grasslands and their everyday lives. A 16 feet x 8.5 feet trailer (trailer itself provided by the government) will feature the unique prairie ecosystem and allow for interaction with grassland natural resources through the senses; using, for example: colorful 3-D models, plaques, sounds, and lighting.

The design will also allow for modern technology (such as smartphones) to link to websites such as QR codes for further information. The design will be ADA accessible, bilingual, durable, and require minimal upkeep in the long term.

This contract is for the design and fabrication of artwork for the trailer which educates about the importance of the prairie, such that the finished project is ready to withstand travel and educational events.

It is essential that the contractor will be an experienced professional familiar with this kind of design and fabrication, with the skills to make a mobile educational exhibit which is both functional and durable.

PERFORMANCE PERIOD:

Task Timeframe Dates

Notice to Proceed After award

Concept planning, including meeting with district staff

Within 2 months of Notice to Proceed By October 30, 2020

Preliminary Design complete Complete in approx. 2 months By December 30, 2020

COR review of Preliminary Design Postmarked no later than 15 calendar days after receipt of Preliminary Design

By January 21, 2021

Final Design complete

Complete in approx. 1 month By February 21, 2021

COR review of Final Design Postmarked no later than 15 calendar days after receipt of Preliminary Design

By March 7, 2021

Inside build/fabrication Complete in approx. 8 months By October 31, 2021

Exterior build Complete in approx. 3 months By January 15, 2022

COR Review of build/fabrication

Postmarked no later than 15 calendar days after receipt

By January 30, 2022

Design:

Includes: concept planning, preliminary design, and final design. Also includes predesign renderings for discussion with government and moving forward with all research, time, and materials associated with it. The contractor will go https://soiltunneltrailerwk.com/

COMMERCIAL ITEMS RFQ SOL NO.: 12837120Q0121

through an approval process with the government with all submitted samples. Government will provide details, photos, dimensions, and specifications of the trailer to the contractor until the trailer is in the contractor’s place of work.

The contractor will conduct virtual and/or in-person meetings with the COR. The government will share specifications required to meet ADA standards as well as information regarding Forest Service Accessibility Standards.

The contractor is responsible for all related tasks that may include, but not be limited to:

• meeting with consultants, vendors, and suppliers,

• manage and direct assistants,

• developing the concepts in drawing from rough concept to finish scale drawings with time for submittal and approval,

• developing prototypes in 3-D and revising samples as necessary per feedback,

• Research structural issues for motion and flexibility in exhibit, and ensure all custom artwork can be touchable, durable and cleanable.

The design process is estimated to take up to four months.

C.1.3 TRAILER BUILD/FABRICATION

C.1.3.1 Interior trailer build/fabrication Prior to the initiation of interior and exterior trailer build, the contractor will travel to pick up the trailer either from the Cibola Forest Supervisor’s Office in Albuquerque, NM or from the Kiowa and Rita Blanca National Grasslands District office in Clayton, NM (to be determined based on discussions with the contractor).

The contractor will order all materials, and spend time, labor, and expense to create an attractive, educational exhibit.

This may include any of the following, or other methods depending on the contractor’s expertise:

• fabricate custom panels that fit within the inside walls of the trailer

• fabricate the textured sculptural covering onto the panels including urethane substrate, fiberglass covering, custom paint.

• fabricate elements in the trailer storage space, such as shelving, battery box, mount and paint depending on needs

• fabricate high relief, 3-D relief, low relief custom sculptures; custom molding, casting, painting, illustration, mounting; hand-made steel and rope elements; individual custom graphic panels and devices

• install custom LED lighting; stain or carpet floor

The interior trailer fabrication is estimated to take up to 8 months.

C.1.3.2 EXTERIOR TRAILER BUILD/FABRICATION

For the exterior walls of the trailer, the contractor will design, paint or print and topcoat a grassland mural to trailer exterior, or vehicle wrap, to be determined based on discussions with the government. It must be designed to weather the elements during transport, but the trailer is planned for long-term storage indoors when not traveling or at events.

Optional: an exhibit to be mounted to the top of the trailer, which can be removed for travel. See, for example, the plants mounted atop the Soil Tunnel Trailer of Western Kansas. This may involve designing a mounting system for the trailer roof prior to finishing inside/outside panels. For the plant example, plastic plant models were mounting into holes into oak stock then secured with glue.

COMMERCIAL ITEMS RFQ SOL NO.: 12837120Q0121

Optional: additional educational materials/units designed and fabricated to complement the trailer theme, to travel with the trailer.

After the work is complete, the contractor will travel to deliver the trailer to the Cibola Forest Supervisor’s Office in Albuquerque, NM or to the Kiowa and Rita Blanca National Grasslands District office in Clayton, NM (to be determined based on discussions with the contractor).

The exterior trailer fabrication is estimated to take up to 3 months.

D.1 REPORTING REQUIREMENTS

The preliminary and final design shall be completed in accordance with the requirements as specified in C.1.2 and as part of the Deliverables, as specified in F.1.2 and F.1.3. Upon completion of the preliminary design, the contractor shall submit it to the COR. The COR will return any edits or comments within 15 calendar days. After incorporating feedback, upon completion of the final design, the contractor shall submit it to the COR. The COR will return any edits or comments within 15 calendar days.

The interior and exterior trailer build/fabrication shall be completed in accordance with the requirements as specified in C.1.3 and as part of the Deliverables, as specified in F.1.4. Upon completion of the fabrication of artwork on the interior and exterior of the trailer, the COR will travel to the contractor’s work station within 15 calendar days to review the final product and determine acceptance. The contractor must complete and submit the final product for COR review by January 30, 2022.

E.1 GOVERNMENT-FURNISHED PROPERTY

The government will furnish one 16 feet x 8.5 feet trailer with heavy gauge metal siding, back and side ramps, and a double axle. The government will furnish one stabilizing jack for each corner.

The contractor will travel to pick up the trailer either from the Cibola Forest Supervisor’s Office in Albuquerque, NM or from the Kiowa and Rita Blanca National Grasslands District office in Clayton, NM (to be determined based on discussions with the contractor).

F.1 DELIVERABLES

F.1.1. Initial meeting with team The contractor shall meet virtually with the COR and district staff within 2 months of the Notice to Proceed. This meeting is for concept planning and development.

F.1.2. Submission of Preliminary design The contractor will submit rough concept drawings of 1. the interior trailer elements and 2. exterior artwork, at a minimum, for approval. Trailer roof concept and educational elements concepts, if planned, will also be submitted at this time.

COMMERCIAL ITEMS RFQ SOL NO.: 12837120Q0121

F.1.3. Submission of Final design The contractor will submit fine-scale color renderings and/or prototypes of 1. each interior trailer element and 2.

exterior artwork, at a minimum, for approval. Final trailer roof concepts and educational elements, if planned, may also be submitted at this time

F.1.4. Completed Grasslands-themed educational trailer The contractor will send the COR photographs for review of the final educational artwork outside and inside of the trailer before the contractor delivers the trailer. The final product must be ready to drive away and durable enough to travel and withstand educational events.

G.1 PRODUCT REVIEW/MEASUREMENT/PAYMENT

Upon submission of products listed above (see F.1 Deliverables), the COR shall have 15 calendar days to review the material to determine acceptability. If the materials are accepted within the review period, the Contracting Officer and contractor will be notified immediately.

Forest Service reserves the right to reject items and reports not meeting the minimum requirements as listed in these specifications. If the materials are not accepted with the 15-day review period, the Contracting Officer and the contractor will be notified immediately.

Rejected items shall then be upgraded to the standards in these specifications, as noted by the COR, within 15 working days of notice and resubmitted for acceptance by the COR.

Partial payments will be made upon completion and acceptance of the following milestones:

25% payment upon submission of preliminary designs 25% payment upon submission of final designs

50% payment upon acceptance of final product – fabrication of trailer interior and exterior artwork.

Payment shall be at the unit price shown in the Schedule of Items, upon completion of acceptance as stated above.

Such payment shall constitute full compensation for the design and fabrication awarded on this contract.

H.1 CONTRACTOR QUALIFICATIONS

All quotes to be considered are required to meet the qualifications listed below:

Contractor shall demonstrate high quality of prior work in the same or similar work by submitting past performance that adequately meets this requirement.

Contractor shall demonstrate that they have or will obtain all necessary equipment, materials, and personnel to successfully complete the deliverables.

Contractor shall demonstrate past success in communicating effectively with multiple parties in order to complete a quality project.

COMMERCIAL ITEMS RFQ SOL NO.: 12837120Q0121

Estimated Travel and Location:

Travel: TBD

Start Date: Within ten (10) days of award End Date: by 1/30/2022

Government vehicle required: Yes ☐ No ☒

Inspector COR Kristen Warren Kristen Warren

Safety of Operations:

Contracting Officer will delegate safety requirements to the project COR (Contract Officer Representative). Any unsafe practices or working condition shall be corrected immediately. Failure to meet required safety measures may result in work stoppage, as directed by the COR, and any expenses incurred shall be Contractor’s responsibility.

Attachments:

• Service Contract Wage Determination

COMMERCIAL ITEMS RFQ SOL NO.: 12837120Q0121

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.

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

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at 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

COMMERCIAL ITEMS RFQ SOL NO.: 12837120Q0121

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

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

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

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the

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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

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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:

COMMERCIAL ITEMS RFQ SOL NO.: 12837120Q0121

(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)

ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

52.228-5 INSURANCE WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective-

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Mar 2020)

(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 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1672734195 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680

COMMERCIAL ITEMS RFQ SOL NO.: 12837120Q0121

(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. 3805note)).

(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 (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Oct 2018) (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).

__ (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. (Oct 2015) (31 U.S.C. 6101note).

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

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] [X] (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).

__ (ii) Alternate I (Mar 2020).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 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 (Mar 2020) (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 (Mar 2020) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9 __ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

[X] (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (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) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020) (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 (Mar 2020) (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 (Mar 2020) (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 (Mar 2020) (15 U.S.C. 637(a)(17)).

[X] (27) 52.222-3, Convict Labor (June 2003) (E.O.11755).

[X] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[X] (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

[X] (31) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

[X] (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

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__ (ii) Alternate I (Jul 2014) of 52.222-36.

[X] (33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

[X] (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.)

[X] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

[X] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

[X] (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

[X] (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

[X] (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (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.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51)…