1333ND20RNB190010 Conformed thru Amend 0006.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATE . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

NB194000-20-00193

1333ND20RNB190010

MAR 10, 2020

BRENDA HITCHCOCK

brenda.hitchcock@nist.gov 303-497-4631

2:00 PM MT

000014

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

811310

$8 Million

000014

NATIONAL INST OF STDS AND TECHNOLOGY

325 BROADWAY

BOULDER CO 80305-3328

see continuation page for line item details.

See Schedule

NOV 13, 2020

Please

STANDARD FORM 1449 (REV. 2/2012) BACK

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:

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

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

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

1333ND20RNB190010

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Contractor shall operate and maintain the CUP at the NIST Boulder, CO site. Contractor shall provide all labor, materials, and equipment to operate and perform Preventative Maintenance (PM) on site equipment, provide required chemicals, and respond to call-backs per the Performance Work Statement (PWS) and attachments.

Period of Performance: 03/25/2021 to 03/24/2022

12.00 MO

0002 Contractor shall provide labor, material, and equipment to perform Preventative and Scheduled Maintenance for equipment at the WWVh Field Site in Kekaha, HI per the PWS and attachments.

Period of Performance: 03/25/2021 to 03/24/2022

12.00 MO

0003 Contractor shall provide labor, material, and equipment to perform Preventative and Scheduled Maintenance for equipment at the WWV/WWVB Field Site in Ft. Collins, CO. per the PWS and attachments.

Period of Performance: 03/25/2021 to 03/24/2022

12.00 MO

0004 Contractor shall provide labor, material, and equipment to perform repair/replacement services, including as-needed rental of temporary equipment, on site electrical/ mechanical systems at the NIST sites located in Boulder CO, Fort Collins CO, and Kekaha HI in accordance with PWS and attachments. This line item is paid on a labor hour basis in accordance with the per hour rates listed below. All work must be authorized in advance by the CO prior to any work being performed or charged against this line item. The exception to this prior approval would be for a bona fide emergency when the contractor is unable to contact the CO for prior approval.

In this instance the contractor may perform the services immediately for a cost not to exceed $1,000 and subject to the hourly rates listed below. The hourly rate for this period shall be as follows:

Normal business hours, Monday through Friday, 7:00 am to 5:00 pm:

Laborer $____________

HVAC Mechanic $____________

Electrician $____________

Plumber $____________

Outside of normal business hours and federal holidays

(OT):

Laborer $____________

HVAC Mechanic $____________

Electrician $____________

Plumber $____________

1.00 EA

PAGE 3 OF 148 1333ND20RNB190010

$150,000.00 $150,000.00

The Government reserves the right to perform this work in-house or under separate contract as deemed appropriate by the Government.

Period of Performance: 03/25/2021 to 03/24/2022

OPT

1001 Contractor shall operate and maintain the CUP at the NIST Boulder, CO site. Contractor shall provide all labor, materials, and equipment to operate and perform Preventative Maintenance (PM) on site equipment, provide required chemicals, and respond to call-backs per the Performance Work Statement (PWS) and attachments.

Period of Performance: 03/25/2022 to 03/24/2023

12.00 MO

OPT

1002 Contractor shall provide labor, material, and equipment to perform Preventative and Scheduled Maintenance for equipment at the WWVh Field Site in Kekaha, HI per the PWS and attachments.

Period of Performance: 03/25/2022 to 03/24/2023

12.00 MO

OPT

1003 Contractor shall provide labor, material, and equipment to perform Preventative and Scheduled Maintenance for equipment at the WWV/WWVB Field Site in Ft. Collins, CO. per the PWS and attachments.

Period of Performance: 03/25/2022 to 03/24/2023

12.00 MO

OPT

1004 Contractor shall provide labor, material, and equipment to perform repair/replacement services, including as needed rental of temporary equipment, on site electrical/ mechanical systems at the NIST sites located in Boulder CO, Fort Collins CO, and Kekaha HI in accordance with PWS and attachments.

This line item is paid on a labor hour basis in accordance with the per hour rates listed below. All work must be authorized in advance by the CO prior to any work being performed or charged against this line item. The exception to this prior approval would be for a bona fide emergency when the contractor is unable to contact the CO for prior approval. In this instance the contractor may perform the services immediately for a cost not to exceed $1,000 and subject to the hourly rates listed below. The hourly rate for this period shall be as follows:

Normal business hours, Monday through Friday, 7:00 am to 5:00 pm:

Laborer $____________

HVAC Mechanic $____________

Electrician $____________

Plumber $____________

Outside of normal business hours and federal holidays

(OT):

1.00 EA

PAGE 4 OF 148 1333ND20RNB190010

Laborer $____________

HVAC Mechanic $____________

Electrician $____________

Plumber $____________

The Government reserves the right to perform this work in-house or under separate contract as deemed appropriate by the Government.

Period of Performance: 03/25/2022 to 03/24/2023

OPT

2001 Contractor shall operate and maintain the CUP at the NIST Boulder, CO site. Contractor shall provide all labor, materials, and equipment to operate and perform Preventative Maintenance (PM) on site equipment, provide required chemicals, and respond to call-backs per the Performance Work Statement (PWS) and attachments.

Period of Performance: 03/25/2023 to 03/24/2024

12.00 MO

OPT

2002 Contractor shall provide labor, material, and equipment to perform Preventative and Scheduled Maintenance for equipment at the WWVh Field Site in Kekaha, HI per the PWS and attachments.

Period of Performance: 03/25/2023 to 03/24/2024

12.00 MO

OPT

2003 Contractor shall provide labor, material, and equipment to perform Preventative and Scheduled Maintenance for equipment at the WWV/WWVB Field Site in Ft. Collins, CO. per the PWS and attachments.

Period of Performance: 03/25/2023 to 03/24/2024

12.00 MO

OPT

2004 Contractor shall provide labor, material, and equipment to perform repair/replacement services, including as needed rental of temporary equipment, on site electrical/ mechanical systems at the NIST sites located in Boulder CO, Fort Collins CO, and Kekaha HI in accordance with PWS and attachments. This line item is paid on a labor hour basis in accordance with the per hour rates listed below.

All work must be authorized in advance by the CO prior to any work being performed or charged against this line item. The exception to this prior approval would be for a bona fide emergency when the contractor is unable to contact the CO for prior approval. In this instance the contractor may perform the services immediately for a cost not to exceed $1,000 and subject to the hourly rates listed below. The hourly rate for this period shall be as follows:

Normal business hours, Monday through Friday, 7:00 am to 5:00 pm:

Laborer $____________

1.00 EA

PAGE 5 OF 148 1333ND20RNB190010

HVAC Mechanic $____________

Electrician $____________

Plumber $____________

Outside of normal business hours and federal holidays

(OT):

Laborer $____________

HVAC Mechanic $____________

Electrician $____________

Plumber $____________

The Government reserves the right to perform this work in-house or under separate contract as deemed appropriate by the Government.

Period of Performance: 03/25/2023 to 03/24/2024

OPT

3001 Contractor shall operate and maintain the CUP at the NIST Boulder, CO site. Contractor shall provide all labor, materials, and equipment to operate and perform Preventative Maintenance (PM) on site equipment, provide required chemicals, and respond to call-backs per the Performance Work Statement (PWS) and attachments.

Period of Performance: 03/25/2024 to 03/24/2025

12.00 MO

OPT

3002 Contractor shall provide labor, material, and equipment to perform Preventative and Scheduled Maintenance for equipment at the WWVh Field Site in Kekaha, HI per the PWS and attachments.

Period of Performance: 03/25/2024 to 03/24/2025

12.00 MO

OPT

3003 Contractor shall provide labor, material, and equipment to perform Preventative and Scheduled Maintenance for equipment at the WWV/WWVB Field Site in Ft. Collins, CO. per the PWS and attachments.

Period of Performance: 03/25/2024 to 03/24/2025

12.00 MO

OPT

3004 Contractor shall provide labor, material, and equipment to perform repair/replacement services, including as needed rental of temporary equipment, on site electrical/ mechanical systems at the NIST sites located in Boulder CO, Fort Collins CO, and Kekaha HI in accordance with PWS and attachments. This line item is paid on a labor hour basis in accordance with the per hour rates listed below. All work must be authorized in advance by the CO prior to any work being performed or charged against this line item. The exception to this prior approval would be for a bona fide emergency when the contractor is unable to contact the CO for prior approval.

In this instance the contractor may perform the services immediately for a cost not to exceed $1,000 and subject

1.00 EA

PAGE 6 OF 148 1333ND20RNB190010

to the hourly rates listed below. The hourly rate for this period shall be as follows:

Normal business hours, Monday through Friday, 7:00 am to 5:00 pm:

Laborer $____________

HVAC Mechanic $____________

Electrician $____________

Plumber $____________

Outside of normal business hours and federal holidays

(OT):

Laborer $____________

HVAC Mechanic $____________

Electrician $____________

Plumber $____________

The Government reserves the right to perform this work in-house or under separate contract as deemed appropriate by the Government.

Period of Performance: 03/25/2024 to 03/24/2025

OPT

4001 Contractor shall operate and maintain the CUP at the NIST Boulder, CO site. Contractor shall provide all labor, materials, and equipment to operate and perform Preventative Maintenance (PM) on site equipment, provide required chemicals, and respond to call-backs per the Performance Work Statement (PWS) and attachments.

Period of Performance: 03/25/2025 to 03/24/2026

12.00 MO

OPT

4002 Contractor shall provide labor, material, and equipment to perform Preventative and Scheduled Maintenance for equipment at the WWVh Field Site in Kekaha, HI per the PWS and attachments.

Period of Performance: 03/25/2025 to 03/24/2026

12.00 MO

OPT

4003 Contractor shall provide labor, material, and equipment to perform Preventative and Scheduled Maintenance for equipment at the WWV/WWVB Field Site in Ft. Collins, CO. per the PWS and attachments.

Period of Performance: 03/25/2025 to 03/24/2026

12.00 MO

OPT

4004 Contractor shall provide labor, material, and equipment to perform repair/replacement services, including as needed rental of temporary equipment, on site electrical/ mechanical systems at the NIST sites located in Boulder CO, Fort Collins CO, and Kekaha HI in accordance with PWS and attachments. This line item is paid on a labor

1.00 EA

PAGE 7 OF 148 1333ND20RNB190010

hour basis in accordance with the per hour rates listed below. All work must be authorized in advance by the CO prior to any work being performed or charged against this line item. The exception to this prior approval would be for a bona fide emergency when the contractor is unable to contact the CO for prior approval.

In this instance the contractor may perform the services immediately for a cost not to exceed $1,000 and subject to the hourly rates listed below. The hourly rate for this period shall be as follows:

Normal business hours, Monday through Friday, 7:00 am to 5:00 pm:

Laborer $____________

HVAC Mechanic $____________

Electrician $____________

Plumber $____________

Outside of normal business hours and federal holidays

(OT):

Laborer $____________

HVAC Mechanic $____________

Electrician $____________

Plumber $____________

The Government reserves the right to perform this work in-house or under separate contract as deemed appropriate by the Government.

Period of Performance: 03/25/2025 to 03/24/2026

PAGE 8 OF 148 1333ND20RNB190010

Table of Contents

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Performance Work Statement and Attachment Index

SECTION E INSPECTION AND ACCEPTANCE

E.1 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

E.2 52.246-6 INSPECTION--TIME-AND-MATERIAL AND LABOR-HOUR (MAR 2001)

E.3 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

SECTION F DELIVERIES OR PERFORMANCE

F.1 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

SECTION G CONTRACT ADMINISTRATION DATA

G.1 SPECIAL INSTRUCTIONS

G.2 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

G.3 1352.245-70 GOVERNMENT FURNISHED PROPERTY (APR 2010)

G.4 NIST LOCAL-53CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS

G.5 NIST LOCAL-54ELECTRONIC BILLING INSTRUCTIONS

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

H.2 1352.209-71 LIMITATION OF FUTURE CONTRACTING (APR 2010)

H.3 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

H.4 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

H.5 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

H.6 1352.228-70 INSURANCE COVERAGE (APR 2010)

H.7 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010)

H.8 1352.237-70 SECURITY PROCESSING REQUIREMENTS - HIGH OR MODERATE RISK CONTRACTS (APR 2010).. 19

H.9 1352.237-75 KEY PERSONNEL (APR 2010)

SECTION I CONTRACT CLAUSES

I.1 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

I.2 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

I.3 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

I.4 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)

I.5 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS

(SEP 2013)

I.6 52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)

I.7 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS

(AUG 2018)

I.8 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

I.9 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007)

I.10 52.227-3 PATENT INDEMNITY (APR 1984)

I.11 52.227-14 RIGHTS IN DATA--GENERAL (MAY 2014)

I.12 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

I.13 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

I.14 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

I.15 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

I.16 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

I.17 52.212-4 I CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)--ALTERNATE I (JAN 2017).25

I.18 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (JAN 2020)

PAGE 9 OF 148 1333ND20RNB190010

I.19 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.20 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.21 52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)

I.22 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

I.23 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

I.24 52.242-13 BANKRUPTCY (JUL 1995)

I.25 52.245-1 GOVERNMENT PROPERTY (JAN 2017)

I.26 52.245-9 USE AND CHARGES (APR 2012)

I.27 52.246-20 WARRANTY OF SERVICES (MAY 2001)

I.28 52.246-25 LIMITATION OF LIABILITY--SERVICES (FEB 1997)

I.29 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.30 1352.239-72 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES (APR 2010)

I.31 FAR 52.212-5 (DEVIATION 2020-05 APR 2020)

I.32 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

SECTION J LIST OF ATTACHMENTS

J.1 Clause G.2, 1352.246-70 GFP Listing

J.2 Wage Determination WD 2015-5415 R12 Boulder County

J.3 Wage Determination WD 2014-5421 R15 Larimer County

J.4 Wage Determination WD 2015-5691 R11 Kauai County

J.5 Attachment A PPQ

J.6 Attachment B Key Personnel Resume

J.7 Attachment C Key Personnel Statement

J.8 Attachment D Small Business Commitment Document

J.9 Attachment E - Subcontracting Plan Requirements

J.10 Attachment F Pricing Sheet

J.11 Q & A With Attachments

J.12 Attachment Control Room Pictures

J.13 Q & A #37-67

SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES

OR EQUIPMENT (DEC 2019)

K.2 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC 2019)

K.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

K.4 52.209-12 CERTIFICATION REGARDING TAX MATTERS (FEB 2016)

K.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2019)

K.6 52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)

K.7 52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS--REPRESENTATION

(DEC 2016)

K.8 52.225-6 TRADE AGREEMENTS CERTIFICATE (MAY 2014)

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 Instructions to Offerors

L.2 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

L.3 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

L.4 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

L.5 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

L.6 1352.242-70 POSTAWARD CONFERENCE (APR 2010)

L.7 52.216-31 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS -- COMMERCIAL ITEM ACQUISITION

(FEB 2007)

PAGE 10 OF 148 1333ND20RNB190010

L.8 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999)

L.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.10 1352.233-70 AGENCY PROTESTS (APR 2010)

L.11 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

L.12 1352.270-71 PRE-BID / PRE-PROPOSAL CONFERENCE AND SITE VISIT (APR 2010)

SECTION M EVALUATION FACTORS FOR AWARD

M.1 Basis for Award

M.2 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

PAGE 11 OF 148 1333ND20RNB190010

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Performance Work Statement and Attachment Index

PAGE 12 OF 148 1333ND20RNB190010

PERFORMANCE WORK STATEMENT AND RELATED ATTACHMENTS

The following attachments are provided as part of this solicitation:

Performance Work Statement Revised Amendment 0006

PWS Attachment 1 – Mechanical Room and Preventative Maintenance (MR_PM)List Amendment 0001 Revised Amendment 0006

PWS Attachment 2 – Spare Parts Inventory

PWS Attachment 3 – Monthly Report Revised Amendment 0006

PWS Attachment 4 – Equipment List Deleted Amendment 0001

PWS Attachment 5 – Job Plans Revised Amendment 0006

PWS Attachment 6 – Daily Report

PWS Attachment 7 – Not Used

PWS Attachment 8 – NIST General Instructions Revised Amendment 0006

PWS Attachment 9 – NIST Safety Plan Requirements Checklist

PWS Attachment 10 - Primer on Safety Plan Requirements/Addendums for COVID-19 Added Amendment 0006

PWS Attachment 11 - Emergency Generators Added Amendment 0006

PWS Attachment 12 - Lighting Summary WWVh Field Site Kekaha, HI Added Amendment 0006

PWS Attachment 13 - Contract Transition Requirements Added Amendment 0006

PAGE 13 OF 148 1333ND20RNB190010

SECTION E

INSPECTION AND ACCEPTANCE

E.1 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(Reference 52.246-4)

Clause E.2, FAR 52.246-6 is applicable to CLINS 0004, 1004, 2004, 3004, and 4004

E.2 52.246-6 INSPECTION--TIME-AND-MATERIAL AND LABOR-HOUR (MAR 2001)

(Reference 52.246-6)

E.3 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

NIST

325 Broadway Boulder CO 80305-3328

(End of clause)

PAGE 14 OF 148 1333ND20RNB190010

SECTION F

DELIVERIES OR PERFORMANCE

Clause F.1 dates are estimated. Dates will be adjusted, if required, at the time of award.

F.1 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

(a) The base period of performance of this contract is from 25 June 2020 through 24 June 2021 . If an option is exercised, the period of performance shall be extended through the end of that option period.

(b) The option periods that may be exercised are as follows:

Period Start Date End Date Option I 25 June 2021 24 June 2022 Option II 25 June 2022 24 June 2023 Option III 25 June 2023 24 June 2024 Option IV 25 June 2024 24 June 2025

(c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9.

PAGE 15 OF 148 1333ND20RNB190010

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 SPECIAL INSTRUCTIONS

PAGE 16 OF 148 1333ND20RNB190010

G.2 1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

(a) ~~~TBD~~ is hereby designated as the Contracting Officer`s Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

COR will be appointed by letter at the time of award

Phone Number:

Email:

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

G.3 1352.245-70 GOVERNMENT FURNISHED PROPERTY (APR 2010)

The Government will provide the following item(s) of Government property to the contractor . The contractor shall be accountable for, and have stewardship of, the property in the performance of this contract. This property shall be used and maintained by the contractor in accordance with provisions of the "Government Property" clause included in this contract.

Item No. ~~~See Attachment J.1~~~ Description Quantity Delivery Date Property/Tag Number (if applicable)

G.4 NIST LOCAL-53 CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS

Unless otherwise stated in the contract terms and conditions, normal days of business operation are Monday through Friday, excluding Federal Holidays. However, throughout the contract period of performance, there may be circumstances beyond the control of the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), that will impact normal days of business operation, such as inclement weather, power outages, etc. In circumstances such as these, the Contractor must call the appropriate NIST campus status line to verify the operating status:

Gaithersburg Campus Operating Status Line:

(301) 975-8000

(800) 437-4385 x8000 (toll free) Boulder Campus Operating Status Line:

(303) 497-4000 During a lapse in appropriation, access to Government facilities and resources, including equipment and systems, will be limited to excepted personnel for both Federal employees and Contractor personnel. If performance of the contract is onsite and/or requires Government interaction, unless you have been, or are notified that you are to work under an excepted status, you will automatically enter a temporary work stoppage. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at https://www.nist.gov/ and/or the NIST operating status lines. Additionally, Contractors are encouraged to monitor public broadcasts or the Office of Personnel Management?s website at www.opm.gov for the Federal Government operating status.

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NIST will provide notification to all contractors that are determined to have excepted status.

All excepted contractors are required to continue performance and communicate with the appointed Contracting Officer?s Representative (COR) for further guidance, or NIST Contracting Officer if a COR is not appointed.

Contractors with supply or service contracts that are fully funded at the time of contract award and do not require access to Government facilities, resources, or active administration by Government personnel in a manner that would cause the government to incur additional obligations during the lapse in appropriation may continue performance.

G.5 NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS

NIST requires that Invoice/Voucher submissions are sent electronically via email to INVOICE@NIST.GOV.

Each Invoice or Voucher submitted shall include the following:

(1) Contract number;

(2) Contractor name and address;

(3) Unique entity identifier (see www.sam.gov for the designated entity for establishing unique entity identifiers);

(4) Date of invoice;

(5) Invoice number;

(6) Amount of invoice and cumulative amount invoiced to-date;

(7) Contract Line Item Number (CLIN);

(8) Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered;

(9) Prompt payment discount terms, if offered; and

(10) Any other information or documentation required by the contract.

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SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

(Reference 1352.208-70)

H.2 1352.209-71 LIMITATION OF FUTURE CONTRACTING (APR 2010)

(Reference 1352.209-71)

H.3 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

(Reference 1352.209-72)

H.4 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

H.5 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

H.6 1352.228-70 INSURANCE COVERAGE (APR 2010)

(a) Workers Compensation and Employer?s Liability. The contractor is required to comply with applicable federal and state workers'' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer?s liability section of the insurance policy, except when contract operations are so commingled with a contractor?s commercial operations that it would not be practical to require this coverage. Employer?s liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers'' compensation to be written by private carriers.

(b) General liability.

(1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) When special circumstances apply in accordance with FAR 28.307-2(b), Property Damage Liability Insurance shall be required in the amount of $~~N/A~~ .

(c) Automobile liability. The contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the Government.

H.7 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010)

When the Government is injured, wholly or partially as a result of the contractor?s actions and such actions are covered by the insurance required by 1352.228-70, Insurance Coverage, the Government is entitled to recover from the contractor the full amount of any such injury attributable to the contractor regardless of a deductible. The Contracting Officer may offset the amount of recovery against any payment due to the contractor.

Clause H.6 This requirement has been identified as a Moderate Risk Contract.

H.8 1352.237-70 SECURITY PROCESSING REQUIREMENTS - HIGH OR MODERATE RISK CONTRACTS (APR 2010)

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(a) Investigative Requirements for High and Moderate Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a High or Moderate Risk contract shall undergo security processing by the Department?s Office of Security before being eligible to work on the premises of any Department of Commerce facility, or through a Department of Commerce IT system.

All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor. The level of contract risk will determine the type and scope of such processing as noted below.

(1) Non-IT Service Contracts

(i) High Risk - Background Investigation (BI)

(ii) Moderate Risk - Moderate Background Investigation (MBI)

(2) IT Service Contracts

(i) High Risk IT - Background Investigation (BI)

(ii) Moderate Risk IT - Background Investigation (BI)

(b) In addition to the investigations noted above, non-U.S. citizens must have a pre-appointment check that includes an Immigration and Customs Enforcement agency check.

(c) Additional Requirements for Foreign Nationals (Non-U.S. Citizens) To be employed under this contract within the United States, non-U.S. citizens must have:

(1) Official legal status in the United States

(2) Continuously resided in the United States for the last two years; and

(3) Advance approval from the servicing Security Officer of the contracting operating unit in consultation with the Office of Security (OSY) headquarters. (OSY routinely consults with appropriate agencies regarding the use of non-U.S. citizens on contracts and can provide up-to-date information concerning this matter.)

(d) Security Processing Requirement. Processing requirements for High and Moderate Risk Contracts are as follows:

(1) The contractor must complete and submit the following forms to the Contracting Officer Representative (COR):

(i) Standard Form 85P (SF 85P), Questionnaire for Public Trust Positions;

(ii) FD 258, Fingerprint Chart with OPM?s designation in the ORI Block; and (iii Credit Release Authorization.

(2) The Sponsor will ensure that these forms have been properly completed, initiate the CD-254, Contract Security Classification Specification, and forward the documents to the cognizant Security Officer.

(3) Upon completion of the security processing, the Office of Security, through the servicing Security Officer and the COR, will notify the contractor in writing of the individual?s eligibility to be given access to a Department of Commerce facility or Department of Commerce IT system.

(4) Security processing shall consist of limited personal background inquiries pertaining to verification of name, physical description, marital status, present and former residences, education, employment history, criminal record, personal references, medical fitness, fingerprint classification, and other pertinent information. For non-U.S. citizens, the COR must request an Immigration and Customs Enforcement (formerly INS) agency check. It is the option of the Office of Security to repeat the security processing on any contract employee at its discretion.

(e) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the COR will be notified. The COR, in coordination with the contracting officer, will immediately remove the contract employee from duty requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following:

(1) Conviction of a felony of a crime of violence or of a misdemeanor involving moral turpitude.

(2) Falsification of information entered on security screening forms or of other documents submitted to the Department.

(3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct directly related to the contract.

(4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets.

(f) Failure to comply with the requirements may result in termination of the contract or removal of some contract employees from Department of Commerce facilities or access to IT systems.

(g) Access to National security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information.

(h) The Contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

(End of Clause)

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H.9 1352.237-75 KEY PERSONNEL (APR 2010)

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

Project Manager Alternate Project Manager Project Engineer Stationary Engineers HVAC Mechanics

(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer.

(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain 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. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

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SECTION I

CONTRACT CLAUSES

I.1 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) (Reference 52.204-4)

I.2 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(Reference 52.204-9)

I.3 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(Reference 52.204-13)

I.4 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)

(Reference 52.204-18)

I.5 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS

(SEP 2013)

(Reference 52.223-2)

I.6 52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)

(Reference 52.223-10)

I.7 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS

(AUG 2018)

(Reference 52.223-17)

I.8 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

(Reference 52.227-1)

I.9 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007) (Reference 52.227-2)

I.10 52.227-3 PATENT INDEMNITY (APR 1984)

(Reference 52.227-3)

I.11 52.227-14 RIGHTS IN DATA--GENERAL (MAY 2014)

(Reference 52.227-14)

I.12 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(Reference 52.228-5)

I.13 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

(Reference 52.229-3)

I.14 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

(Reference 52.232-39)

I.15 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (Reference 52.232-40)

I.16 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.

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(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

(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.

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due.

The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period 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…