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15B10622Q00000041 Page 1 of 17
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
1. REQUISITION NUMBER PAGE 1 OF
5. SOLICITATION NUMBER
15B10622Q00000041
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
07/21/2022
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Davitta Williams
b. TELEPHONE NUMBER (No collect calls)
919-575-5000 x1143
8. OFFER DUE DATE / LOCAL
TIME
08/11/2022 11:00 ET
CODE 15B106
Federal Bureau of Prisons FCC Butner
OLD NC HWY 75
Butner, NC 27509
9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR
X SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS: 813110
SIZE STANDARD: $10,000,000
10. THE ACQUISITION IS
SEE
SCHEDULE
11. DELIVERY FOR FOB DESTINATION
UNLESS BLOCK IS MARKED
NET 30
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER DPAS
(15 CFR 700)
13b. RATING
X RFQ IFB RFP
14. METHOD OF SOLICITATION
BBUXCODE15. DELIVER TO
Federal Bureau of Prisons FCC Butner
OLD NC HWY 75
Butner, NC 27509
CODE 15B10616. ADMINISTERED BY
Federal Bureau of Prisons FCC Butner
OLD NC HWY 75
Butner, NC 27509
FACILITY
CODE
CODE
TELEPHONE NO.
17a. CONTRACTOR/
OFFEROR
BBUXCODE18a. PAYMENT WILL BE MADE BY
Federal Bureau of Prisons FCC Butner
PO BOX 999
Butner, NC 27509
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER SEE ADDENDUM
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS
CHECKED
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
Delivery Date: 10/01/2022
JEWISH RABBI AT FCC BUTNER
QUOTER SHALL PROVIDE THE FOLLOWING
EIN:_______________________
TIN: ______________________
EMAIL: ___________________
Firm Fixed Price
See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X 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 ____ COPIES TO
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND 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. _____________________________ OFFER
DATED _________________ . 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 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)
Davitta Williams
31c. DATE SIGNED
07/21/2022
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
15B10622Q00000041 Page 2 of 17
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. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
PARTIAL FINAL
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
COMPLETE PARTIAL FINAL
36. PAYMENT 37. CHECK NUMBER
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 REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
15B10622Q00000041 Page 3 of 17
Table of Contents
Section Description Page Number
1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses
52.246-2 Inspection of Supplies--Fixed Price (Aug 1996) 52.246-4 Inspection of Services--Fixed-Price (Aug 1996) 52.246-16 Responsibility for Supplies (Apr 1984) 52.204-2 Security Requirements (Aug 1996) 52.204-7 Central Contractor Registration (Apr 2008) 52.208-9 Contractor Use of Mandatory Sources of Supply or Services (Oct 2008) 52.211-5 Material Requirements (Aug 2000) 52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than Commercial Items) (Aug 2011) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984) 52.232-17 Interest (Oct 2010) 52.232-23 Assignment Of Claims (Jan 1986) 52.232-23 Alt I Assignment of Claims (Jan 1986)- Alternate I (Apr 1984) 52.232-24 Prohibition of Assignment of Claims (Jan 1986) 52.232-30 Installment Payments for Commercial Items (Oct 1995) 52.233-1 Alt I Disputes (July 2002)- Alternate I (Dec 1991) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-5 Material and Workmanship (Apr 1984) 52.236-6 Superintendence by the Contractor (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-8 Other Contracts (Apr 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-10 Operations and Storage Areas (Apr 1984) 52.236-11 Use and Possession Prior to Completion (Apr 1984) 52.236-13 Accident Prevention (Nov 1991) 52.236-13 Alt I Accident Prevention (Nov 1991)- Alternate I (Nov 1991) 52.241-2 Order of Precedence - Utilities (Feb 1995) 52.241-4 Change in Class of Service (Feb 1995) 52.241-5 Contractor's Facilities (Feb 1995) 52.241-11 Multiple Service Locations (Feb 1995) 52.243-1 Changes--Fixed Price (Aug 1987) 52.243-5 Changes and Changed Conditions (Apr 1984) 52.246-1 Contractor Inspection Requirements (Apr 1984) 52.246-24 Limitation of Liability--High-Value Items (Feb 1997) 52.249-1 Termination for Convenience of the Government (Fixed Price) (Short Form) (Apr 1984) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.249-8 Alt I Default (Fixed-Price Supply and Service) (Apr 1984)- Alternate I (Apr 1984) 52.250-5 SAFETY Act -- Equitable Adjustment. (Feb 2009) 52.204-1 Approval of Contract (Dec 1989) 52.222-50 Alt I Combating Trafficking in Persons (Feb 2009) -- Alternate I (Aug 2007) 52.232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) 52.241-3 Scope and Duration of Contract (Feb 1995) 52.241-6 Service Provisions (Feb 1995) 52.241-8 Change in Rates or Terms and Conditions of Service for Unregulated Services (Feb 1995) 52.241-12 Nonrefundable, Nonrecurring Service Charge (Feb 1995) 52.252-6 Authorized Deviations in Clauses (Apr 1984)
15B10622Q00000041 Page 4 of 17
4 List of Attachments 5 Solicitation Provisions
52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran--Certification (Sep 2010) 52.250-2 SAFETY Act Coverage Not Applicable. (Feb 2009) 52.250-3 SAFETY Act Block Designation / Certification. (Feb 2009) 52.250-3 Alt I SAFETY Act Block Designation / Certification. (Feb 2009) - Alternate I (Feb 2009) 52.250-3 Alt II SAFETY Act Block Designation / Certification. (Feb 2009) - Alternate II (Feb 2009) 52.250-4 SAFETY Act Pre-qualification Designation Notice (Feb 2009) 52.250-4 Alt I SAFETY Act Pre-qualification Designation Notice. (Feb 2009) - Alternate I (Feb 2009) 52.250-4 Alt II SAFETY Act Pre-qualification Designation Notice. (Feb 2009) - Alternate II (Feb 2009) 52.204-8 Annual Representations and Certifications (May 2011) 52.230-7 Proposal Disclosure Cost Accounting Practice Changes (Apr 2005) 52.233-2 Service of Protest (Sept 2006) 52.252-3 Alterations in Solicitation (Apr 1984)
15B10622Q00000041 Page 5 of 17
Section 2 - Commodity or Services Schedule
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Jewish Rabbi at FCC Butner, NC
See Attached Statement of Work
Base Period of Performance: OCTOBER 01, 2022 THROUGH
SEPTEMBER 30, 2023.
PSC: G002
Base Period
72 SS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 Jewish Rabbi at FCC Butner, NC
See Attached Statement of Work
Option Year 1- Period of Performance: October 1, 2023 through September 30, 2024.
PSC: G002
Option Period 1
72 SS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0003 Jewish Rabbi at FCC Butner, NC
See Attached Statement of Work
Option Year 2- Period of Performance: October 1, 2024 through September 30, 2025.
PSC: G002
Option Period 2
72 SS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0004 Jewish Rabbi at FCC Butner, NC
See Attached Statement of Work
Option Year 3- Period of Performance: October 1, 2025 through September 30, 2026.
PSC: G002
Option Period 3
72 SS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0005 Jewish Rabbi at FCC Butner, NC
See Attached Statement of Work
Option Year 4- Period of Performance: October 1, 2026 through September 30, 2027.
PSC: G002
72 SS $________ $_________________
15B10622Q00000041 Page 6 of 17
Section 3 - Contract Clauses
Clauses By Reference
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov
Clause Title Fill-ins (if applicable)
52.246-2 Inspection of Supplies--Fixed Price (Aug 1996)
52.246-4 Inspection of Services--Fixed-Price (Aug 1996)
52.246-16 Responsibility for Supplies (Apr 1984)
52.204-2 Security Requirements (Aug 1996)
52.204-7 Central Contractor Registration (Apr 2008)
52.208-9 Contractor Use of Mandatory Sources of Supply or Services (Oct
2008)
52.211-5 Material Requirements (Aug 2000)
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items) (Aug 2011)
52.222-1 Notice to the Government of Labor Disputes (Feb 1997)
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
(Aug 2011)
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement
(Dec 2007)
52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr
1984)
52.232-17 Interest (Oct 2010)
52.232-23 Assignment Of Claims (Jan 1986)
52.232-23 Alt I Assignment of Claims (Jan 1986)- Alternate I (Apr 1984)
52.232-24 Prohibition of Assignment of Claims (Jan 1986)
52.232-30 Installment Payments for Commercial Items (Oct 1995)
15B10622Q00000041 Page 7 of 17
Clause Title Fill-ins (if applicable)
52.233-1 Alt I Disputes (July 2002)- Alternate I (Dec 1991)
52.236-2 Differing Site Conditions (Apr 1984)
52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984)
52.236-5 Material and Workmanship (Apr 1984)
52.236-6 Superintendence by the Contractor (Apr 1984)
52.236-7 Permits and Responsibilities (Nov 1991)
52.236-8 Other Contracts (Apr 1984)
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and
Improvements (Apr 1984)
52.236-10 Operations and Storage Areas (Apr 1984)
52.236-11 Use and Possession Prior to Completion (Apr 1984)
52.236-13 Accident Prevention (Nov 1991)
52.236-13 Alt I Accident Prevention (Nov 1991)- Alternate I (Nov 1991)
52.241-2 Order of Precedence - Utilities (Feb 1995)
52.241-4 Change in Class of Service (Feb 1995)
52.241-5 Contractor's Facilities (Feb 1995)
52.241-11 Multiple Service Locations (Feb 1995)
52.243-1 Changes--Fixed Price (Aug 1987)
52.243-5 Changes and Changed Conditions (Apr 1984)
52.246-1 Contractor Inspection Requirements (Apr 1984)
52.246-24 Limitation of Liability--High-Value Items (Feb 1997)
52.249-1 Termination for Convenience of the Government (Fixed Price) (Short
Form) (Apr 1984)
52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)
52.249-8 Alt I Default (Fixed-Price Supply and Service) (Apr 1984)- Alternate I (Apr
1984)
52.250-5 SAFETY Act -- Equitable Adjustment. (Feb 2009)
Clauses By Full Text
52.204-1 Approval of Contract (Dec 1989)
15B10622Q00000041 Page 8 of 17
This contract is subject to the written approval of [identify title of designated agency official here] and shall not be binding until so approved.
(End of clause)
52.222-50 Alt I Combating Trafficking in Persons (Feb 2009) -- Alternate I (Aug 2007)
(a) Definitions. As used in this clause --## "Coercion"#means--##
(1) Threats of serious harm to or physical restraint against any person;
(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
(3) The abuse or threatened abuse of the legal process.
"Commercial sex act"#means any sex act on account of which anything of value is given to or received by any person.
"Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.
"Employee" means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.
"Forced Labor" means knowingly providing or obtaining the labor or services of a person --
(1) By threats of serious harm to, or physical restraint against, that person or another person;
(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or
(3) By means of the abuse or threatened abuse of law or the legal process.
"Involuntary servitude" includes a condition of servitude induced by means of --
(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or
(2) The abuse or threatened abuse of the legal process.
"Severe forms of trafficking in persons"#means --##
(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
"Sex trafficking"#means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.
(b) Policy. The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not --
(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;
(2) Procure commercial sex acts during the period of performance of the contract; or
(3) Use forced labor in the performance of the contract.
15B10622Q00000041 Page 9 of 17
(c) Contractor requirements. The Contractor shall --
(1) Notify its employees of -- (i)(A) The United States Government's zero tolerance policy described in paragraph (b) of this clause; and
(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:
Document Title Document may be obtained from: Applies performance to in/at:
[Contracting Officer shall insert title of directive/notice; indicate the document is attached or provide source (such as website link) for obtaining document; and, indicate the contract performance location outside the U.S. to which the document applies.]
(ii) The actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and
(2) Take appropriate action, up to and including termination, against employees or subcontractors that violate the policy in paragraph
(b) of this clause.
(d) Notification. The Contractor shall inform the Contracting Officer immediately of --
(1) Any information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, or subcontractor employee has engaged in conduct that violates this policy; and
(2) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this clause.
(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), or (f) of this clause may result in --
(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;
(2) Requiring the Contractor to terminate a subcontract;
(3) Suspension of contract payments;
(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;
(5) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or
(6) Suspension or debarment.
(f) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts.
(g) Mitigating Factor. The Contracting Officer may consider whether the Contractor had a Trafficking in Persons awareness program at the time of the violation as a mitigating factor when determining remedies. Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/g/tip.
(End of clause)
52.232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002)
(a) Contractor entitlement to financing payments. The Contractor may request, and the Government shall pay, a contract financing payment as specified elsewhere in this contract when: the payment requested is properly due in accordance with this contract; the supplies deliverable or services due under the contract will be delivered or performed in accordance with the contract; and there has been no impairment or diminution of the Government's security under this contract.
15B10622Q00000041 Page 10 of 17
(b) Special terms regarding termination for cause. If this contract is terminated for cause, the Contractor shall, on demand, repay to the Government the amount of unliquidated contract financing payments. The Government shall be liable for no payment except as provided by the Termination for Cause paragraph of the clause at 52.212-4, Contract Terms and Conditions Commercial Items.
(c) Security for Government financing. In the event the Contractor fails to provide adequate security, as required in this contract, no financing payment shall be made under this contract. Upon receipt of adequate security, financing payments shall be made, including all previous payments to which the Contractor is entitled, in accordance with the terms of the provisions for contract financing. If at any time the Contracting Officer determines that the security provided by the Contractor is insufficient, the Contractor shall promptly provide such additional security as the Contracting Officer determines necessary. In the event the Contractor fails to provide such additional security, the Contracting Officer may collect or liquidate such security that has been provided and suspend further payments to the Contractor; and the Contractor shall repay to the Government the amount of unliquidated financing payments as the Contracting Officer at his sole discretion deems repayable.
(d) Reservation of rights.
(1) No payment or other action by the Government under this clause shall-
(i) Excuse the Contractor from performance of obligations under this contract; or
(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.
(2) The Government's rights and remedies under this clause-
(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and
(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.
(e) Content of Contractor's request for financing payment. The Contractor's request for financing payment shall contain the following:
(1) The name and address of the Contractor;
(2) The date of the request for financing payment;
(3) The contract number and/or other identifier of the contract or order under which the request is made; and
(4) An appropriately itemized and totaled statement of the financing payments requested and such other information as is necessary for computation of the payment, prepared in accordance with the direction of the Contracting Officer.
(f) Limitation on frequency of financing payments. Contractor financing payments shall be provided no more frequently than monthly.
(g) Dates for payment. A payment under this clause is a contract financing payment and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved payment requests within 30 days of submittal of a proper request for payment.
(h) Conflict between terms of offeror and clause. In the event of any conflict between the terms proposed by the offeror in response to an invitation to propose financing terms (52.232-31) and the terms in this clause, the terms of this clause shall govern.
(End of clause)
52.241-3 Scope and Duration of Contract (Feb 1995)
(a) For the period _______________, [insert period of service] the Contractor agrees to furnish and the Government agrees to purchase _______________ [insert type of service] utility service in accordance with the applicable tariff(s), rules, and regulations as approved by the applicable governing regulatory body and as set forth in the contract.
(b) It is expressly understood that neither the Contractor nor the Government is under any obligation to continue any service under the terms and conditions of this contract beyond the expiration date.
15B10622Q00000041 Page 11 of 17
(c) The Contractor shall provide the Government with one complete set of rates, terms, and conditions of service which are in effect as of the date of this contract and any subsequently approved rates.
(d) The Contractor shall be paid at the applicable rate(s) under the tariff and the Government shall be liable for the minimum monthly charge, if any, specified in this contract commencing with the period in which service is initially furnished and continuing for the term of this contract. Any minimum monthly charge specified in this contract shall be equitably prorated for the periods in which commencement and termination of this contract become effective.
(End of clause)
52.241-6 Service Provisions (Feb 1995)
(a) Measurement of service.
(1) All service furnished by the Contractor shall be measured by suitable metering equipment of standard manufacture, to be furnished, installed, maintained, repaired, calibrated, and read by the Contractor at its expense. When more than a single meter is installed at a service location, the readings thereof may be billed conjunctively, if appropriate. In the event any meter fails to register (or registers incorrectly) the service furnished, the parties shall agree upon the length of time of meter malfunction and the quantity of service delivered during such period of time. An appropriate adjustment shall be made to the next invoice for the purpose of correcting such errors. However, any meter which registers not more than ________ percent slow or fast shall be deemed correct.
(2) The Contractor shall read all meters at periodic intervals of approximately 30 days or in accordance with the policy of the cognizant regulatory body or applicable bylaws. All billings based on meter readings of less than ________ days shall be prorated accordingly.
(b) Meter test.
(1) The Contractor, at its expense, shall periodically inspect and test Contractor-installed meters at intervals not exceeding________ year(s). The Government has the right to have representation during the inspection and test.
(2) At the written request of the Contracting Officer, the Contractor shall make additional tests of any or all such meters in the presence of Government representatives. The cost of such additional tests shall be borne by the Government if the percentage of errors is found to be not more than________percent slow or fast.
(3) No meter shall be placed in service or allowed to remain in service which has an error in registration in excess of ________ percent under normal operating conditions.
(c) Change in volume or character. Reasonable notice shall be given by the Contracting Officer to the Contractor regarding any material changes anticipated in the volume or characteristics of the utility service required at each location.
(d) Continuity of service and consumption. The Contractor shall use reasonable diligence to provide a regular and uninterrupted supply of service at each service location, but shall not be liable for damages, breach of contract or otherwise, to the Government for failure, suspension, diminution, or other variations of service occasioned by or in consequence of any cause beyond the control of the Contractor, including but not limited to acts of God or of the public enemy, fires, floods, earthquakes, or other catastrophe, strikes, or failure or breakdown of transmission or other facilities. If any such failure, suspension, diminution, or other variation of service shall aggregate more than ________ hour(s) during any billing period hereunder, an equitable adjustment shall be made in the monthly billing specified in this contract (including the minimum monthly charge).
(End of clause)
52.241-8 Change in Rates or Terms and Conditions of Service for Unregulated Services (Feb 1995)
(a) This clause applies to the extent that services furnished hereunder are not subject to regulation by a regulatory body.
(b) After _______________ [insert date], either party may request a change in rates or terms and conditions of service, unless otherwise provided in this contract. Both parties agree to enter in negotiations concerning such changes upon receipt of a written request detailing the proposed changes and specifying the reasons for the proposed changes.
(c) The effective date of any change shall be as agreed to by the parties. The Contractor agrees that throughout the life of this contract the rates so negotiated will not be in excess of published and unpublished rates charged to any other customer of the same class under similar terms and conditions of use and service.
15B10622Q00000041 Page 12 of 17
(d) The failure of the parties to agree upon any change after a reasonable period of time shall be a dispute under the Disputes clause of this contract.
(e) Any changes to rates, terms, or conditions as a result of such negotiations shall be made a part of this contract by the issuance of a contract modification.
(End of clause)
52.241-12 Nonrefundable, Nonrecurring Service Charge (Feb 1995)
As provided herein, the Government will pay a nonrefundable, nonrecurring charge when the rules and regulations of a Contractor require that a customer pay (1) a charge for the initiation of service, (2) a contribution in aid of construction, or (3) a nonrefundable membership fee. This charge may be in addition to or in lieu of a connection charge. Therefore, there is hereby added to the Contractor's schedule a nonrefundable, nonrecurring charge for _______________ in the amount of $_______________ dollars payable [specify dates or schedules].
(End of clause)
52.252-6 Authorized Deviations in Clauses (Apr 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.
(b) The use in this solicitation or contract of any ______________________. (48 CFR [insert regulation name]) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.
(End of clause)
15B10622Q00000041 Page 13 of 17
Section 4 - List of Attachments
This Section Is Intentionally Left Blank
15B10622Q00000041 Page 14 of 17
Section 5 - Solicitation Provisions
Provisions By Reference
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer.
In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov
Provision Title Fill-ins (if applicable)
52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran--
Certification (Sep 2010)
52.250-2 SAFETY Act Coverage Not Applicable. (Feb 2009)
52.250-3 SAFETY Act Block Designation / Certification. (Feb 2009)
52.250-3 Alt I SAFETY Act Block Designation / Certification. (Feb 2009) - Alternate I
(Feb 2009)
52.250-3 Alt II SAFETY Act Block Designation / Certification. (Feb 2009) - Alternate II
(Feb 2009)
52.250-4 SAFETY Act Pre-qualification Designation Notice (Feb 2009)
52.250-4 Alt I SAFETY Act Pre-qualification Designation Notice. (Feb 2009) -
Alternate I (Feb 2009)
52.250-4 Alt II SAFETY Act Pre-qualification Designation Notice. (Feb 2009) -
Alternate II (Feb 2009)
Provisions By Full Text
52.204-8 Annual Representations and Certifications (May 2011)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is [Insert NAICS code.].
(2) The small business size standard is [insert size standard].
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
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(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
__(i) Paragraph (d) applies.
__(ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firmfixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that--
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v)52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.
(vi)52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items. (xiii) 52.223-1, Biobased Product Certification.
This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPAdesignated items.
(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xvii) 52.225-4, Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.
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(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.
(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.
(xx) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification. This provision applies to all solicitations.
(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to-
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following certifications are applicable as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]
__ (i) 52.219-22, Small Disadvantaged Business Status.
__(A) Basic.
__(B) Alternate I.
__(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__(iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.
__(iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Certification.
__(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPADesignated Products (Alternate I only).
__(vi) 52.227-6, Royalty Information.
__(A) Basic.
__(B) Alternate I.
__(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause # Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.
(End of provision)
52.230-7 Proposal Disclosure Cost Accounting Practice Changes (Apr 2005)
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The offeror shall check "yes" below if the contract award will result in a required or unilateral change in cost accounting practice, including unilateral changes requested to be desirable changes.
__ Yes __ No If the offeror checked "Yes" above, the offeror shall-
(1) Prepare the price proposal in response to the solicitation using the changed practice for the period of performance for which the practice will be used; and
(2) Submit a description of the changed cost accounting practice to the Contracting Officer and the Cognizant Federal Agency Official as pricing support for the proposal.
(End of provision)
52.233-2 Service of Protest (Sept 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from ______________________.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of provision)
52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
[Insert one or more internet addresses]
(End of provision)
52.252-3 Alterations in Solicitation (Apr 1984)
Portions of this solicitation are altered as follows:
(End of provision)
File details come from the government source that posted it. Updated .