246-21-Q-0120.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE PAGE OF PAGES

Oklahoma City Area Indian Health Service, 701 Market Dr., Oklahoma City, OK 73114

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

NAME TELEPHONE NUMBER

11/01/2021

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

AREA CODE NUMBER 9. DESTINATION

Katrina Eaton 405 951-3704 a. NAME OF CONSIGNEE

8. TO: Haskell Indian Health Center

a. NAME b. COMPANY b. STREET ADDRESS

Potential Offerors 2415 Massachusetts St.

c. STREET ADDRESS c. CITY

Lawrence

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

KS 66046

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

08/31/2021

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF. RATING

246-21-Q-0120 08/12/2021 IHS1433363 UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date)

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NUMBER

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

1 Vendor shall remove current entry doors and replace with new automatic touchless doors in accordance with the attached Statement of Work, and General Wage Decision No. OK20210048 Dated 06/25/2021.

A site visit is scheduled for Aug. 20, 2021 at 10:30a

Questions for this RFQ shall be submitted in writing no later than Aug. 25, 2021 2pm CST.

1 JB $0.00

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6/1995)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

STATEMENT OF WORK

Haskell Entry Doors Replacement

Haskell Indian Health Center

Lawrence, KS

August, 2021

Oklahoma City Area Indian Health Service

Department of Health and Human Services

STATEMENT OF WORK

Haskell Entry doors Haskell Indian Health Center

Lawrence, KS

June 2021

TABLE OF CONTENTS:

1.0 INTRODUCTION / BACKGROUND

2.0 OBJECTIVE

3.0 SCOPE OF WORK

4.0 TASKS / REQUIREMENTS

5.0 DELIVERABLES

6.0 PROGRESS / COMPLIANCE / INSPECTION

7.0 REFERENCES

8.0 SECURITY REQUIREMENTS

9.0 LOCATION

10.0 PERIOD OF PERFORMANCE

1.0 INTRODUCTION / BACKGROUND

The Haskell Indian Health Center was originally constructed in 1978. This project will consist of the clinic main entrance. Remodel includes changing out the east entry doors on building to automatic sliding doors that are breakaway.

2.0 OBJECTIVE

The objective of this project is to remove the old entry doors from the east side of the entry of the clinic main entrance and replace with new automatic sliding doors.

3.0 SCOPE OF WORK

Schedule of work shall be as follows.

1. Demo both doors that enter the vestibule on the clinic main entrance.

2. Install automatic break-away sliding glass doors on both sides of the vestibule in the clinic main entrance, as well as glass panel above first set of entry doors to replace existing glass; see attachment A.

3. Provide an air-curtain inside of both vestibules to the exterior sliding door to come on when the exterior door opens.

4. The air-curtain needs to have heat capabilities for the winter time, shall have automatic on/off switch activation for when the door opens and closes.

5. The sliding door shall have a locking mechanism installed.

6. Ensure both thresholds are ADA compliant and appropriate for ease of wheelchair access.

7. Install logos and hours or operations on the sliding doors.

8. Equipment Installation:

a. Proslide 2003 belt drive system Type SO-SX-SX-SO (or equal to)

b. Mars Air door low profile air curtain, with heat (or equal too).

9. Color Selection for Project:

a. Anodized finish in black

4.0 TASKS / REQUIREMENTS

Work items shall bid on a lump sum basis with estimated quantities and unit of measure.

Contractor shall be responsible for all aspects of preparing area of work for renovation, including demolition and removal of existing construction, and furnishing all labor and materials to perform work as required:

4.1. General and Administrative

A. Contractor shall provide a full-time superintendent to be on site while supervising and scheduling work that is being performed at the hospital by the general contractor or their subcontractors.

B. Contractor shall provide their own Personal Protective Equipment (PPE), Lockout

Tag-out equipment, infection control barriers, vehicles barriers, and any other safety related supplies, materials, and equipment to perform this job.

C. Contractor shall provide a dumpster for the removal of debris, material, and waste for the duration of the project and dispose of according to State, Federal, and EPA regulations. At least 50% of recyclable materials shall be recycled. Location of the dumpster shall be coordinated with the Facility Manager.

D. Contractor shall clean work areas daily. Keep work area, and public access areas free from accumulations of waste materials. Contractor shall remove trash daily.

Construction waste shall be transported in tightly covered containers to minimize spreading of dirt and debris associated with construction.

E. Contractor shall isolate HVAC system in area where work is being done to prevent contamination of duct system.

F. Contractor shall maintain a negative air pressure within the work site utilizing HEPA equipped air filtration units.

G. Contractor shall seal holes, pipes, conduits, and punctures.

H. Upon completion of the work, Contractor shall remove barrier material carefully to minimize the spreading of dirt and debris associated with construction.

I. Upon completion of work, Contractor shall vacuum work area with HEPA filtered vacuums, and wet mop area with cleaner/disinfectant. Contractor shall conduct a final clean and leave the work area in a clean, neat, and orderly condition.

J. Upon completion of work, Contractor shall restore HVAC system where work was performed.

4.1.1. Temporary Barrier

A. Contractor shall construct a temporary (<72 hours) fire-resistant plastic sheeting on the inside entry and outside access door for a sealed infection control barrier.

1) Barriers shall be installed with zipper doors, and ante room with sticky mats per barrier as required in order to meet Health Center infection control requirements for this project.

2) Work area shall be cleaned thoroughly each day, and upon completion of this portion of project.

3) The plastic barrier can be removed once the work area is clean and free of debris.

4.1.2 Hard Construction Barrier

A. Provide a plastic barrier inside the building to protect from dust and debris from demolition to enter the building. (If demo requires it)

4.2 CLEAN and REMOVAL OF BARRIERS

4.2.1 Contractor Final Clean

A. Contractor shall clean work area within the newly installed flooring and barrier wall spaces of work.

B. Contractor shall clean area within the secured construction route and exterior entry area.

C. Contractor shall conduct a final clean and leave the work area in a clean, neat, and orderly professional condition.

4.2.2 Demo Barrier

A. Contractor shall coordinate with the Facility Manager for removal of barriers.

B. Contractor shall remove barrier material carefully to minimize the spreading of dirt and debris associated with construction.

C. Remove hard barrier around interior entry door and passgeways

D. Clean floor, walls and ceiling where hard barrier was located.

4.2.3 Final Clinic Clean

A. Coordinate with the Facility Manager for guidance on final terminal clean.

5.0 DELIVERABLES

5.1 List of Deliverables

Task End Result/Deliverable Schedule/Milestone Pre-Construction Meeting

1 Schedule – Gant Chart or Bar Chart

Submitted first draft before Notice to Proceed (NTP), and update within 7-days from NTP. Monthly update required before each progress meeting.

2 List of On-Site and Key Personnel

At pre-construction meeting, provide a list of Contractor’s staff and Sub-Contractor listing. Contractor shall update list when changes occur.

3 Project Specific Safety Plan Prior to mobilization.

4 Construction Quality Control Plan Within 7-days from NTP

5 Infection Control/Risk Assessment Coordinate with Health Center Facility Manager. Complete within 1-week after pre-construction meeting.

6 Submittal Register Deliver at pre-construction meeting.

7 Schedule of Values Deliver at pre-construction meeting.

Progress Meetings and Correspondence 8 Daily Progress Reports Daily to Facility Manager and CO.

9 Weekly Meeting

Superintendent shall meet with Facility Manager to let him know what work is being planned for the upcoming week so he can coordinate with Health Center staff.

10 Monthly Progress Meetings Monthly.

Construction

11 Update Progress Schedule Monthly. Provide with progress payments at the monthly progress meetings.

12 Submittals As required.

13 Shop Drawings As required.

14 RFIs As required.

15 SDSs As required.

16 Test Results As required.

Completion of Project 17 Punch List Substantial Completion 18 Punch List Beneficial Occupancy 19 Final Punch List Final Completion O&M and Training 20 Operations & Maintenance Manuals Substantial Completion 21 Training Schedule after Approval of O&M Manuals As-Built Drawings & Project Records 22 Redline Construction Drawings End of Project 23 Redline Shop Drawings End of Project 24 All Testing Certifications for Project End of Project 25 All RFIs for Project End of Project 26 Roof – Special Warranty End of Project Testing and Balancing of Systems 27 Testing of flooring Provide weekly during construction Warranties 28 Warranties Substantial Completion Payments 29 Progress Payments Every 30-calendar days at each monthly progress meeting.

30 Schedule of Values Attachment to progress payment request.

31 Release of Claims Attachment with Final Payment

5.2 Submittals

Submittals may be shop drawings, product data, cut-sheets of equipment, material samples, sketches, manufacturer’s literature, catalog descriptions, or other description sufficient in detail for review and action to allow a decision by COR. COR shall respond within 7 business days.

Contractor shall maintain a submittal log with the date submitted for review, the date received back, and action taken. A copy of the submittal log will be provided at the monthly progress meeting for review.

Substitutions or deviations not approved by the COR risk rejection. Submittals and Safety Data Sheets (SDS) for chemicals and materials shall not be used until approved.

5.3 RFI

If the Contractor desires an explanation or interpretation of the contract or drawings, etc., the request must be submitted in writing as a Request for Information (RFI) to the Facility Manager and CO via electronic format.

Contractor shall maintain a log, numbered sequentially, of all RFIs submitted, the date submitted, and the date an answer was provided. A copy of the RFI log will be provided at the monthly progress meeting for review.

5.4 Warranty

Warranty shall continue for a period of 1-year from the date of final acceptance of the work. Special Manufacturers warranties shall be provided upon completion.

5.5 Transmittals

The contractor shall provide 2 hard copies of each deliverable, and one electronic version.

6.0 PROGRESS / COMPLIANCE / INSPECTION

The Government requires the following from contractors in order to monitor progress and ensure compliance:

6.1 Progress Meetings

Facility Manager will coordinate with Contractor in scheduling and administer the construction progress meetings throughout the Construction Phase.

Meetings shall be held daily with additional meetings to be held as required. Meetings shall be held on site, and will cover topics pertinent to progress and completion of construction. Facilities Manager shall draft reports of meeting and send to Contractor, CO, and other pertinent staff.

Weekly meetings shall be held each week with the Facility Manager on site to discuss weekly status, accomplishments, and planned activities for the week, and issues that need coordination.

6.2 Inspections

Government shall inspect regarding quality assurance and remedies regarding non-conforming work.

6.3 Contractor – Signing In/Out

Contractor shall coordinate with the Health Center Facility Manager on the signing in/out and scheduling of Contractor’s staff and sub-contractors in order to maintain efficient use of traffic-flow, parking, and access to building and locked areas.

6.4 Life Safety and Infection Control

Before any construction or services are to be performed, the Contractor is 100% responsible for implementing and maintaining all Safety and Infection Control Measures during performance of their contract. This project requires that the entire construction area remain under negative pressure for infection control based on an ICRA (Infection Control Risk Assessment) performed by the Initial and periodic inspection shall be conducted by the Facilities Manager, Safety Officer, and/or Infection Control Officer.

Any life safety or infection control deficiencies will have to be immediately corrected by Contractor.

Contractor is responsible for implementing all safety and infection control measures to ensure these measures meet OSHA, NFPA Codes, ASHRE, and Joint Commission standards during the course of this project.

6.5 Video – Clinic Policy

Contractor shall review procedures with respect to Life Safety and Infection Control measures of the Health Center prior to beginning job. A film video will be made available to the Contractor to view prior to starting inspection to comply with infection control procedures during Health Center construction.

A. Video on “Infection Control during Construction”.

B. OSHA standard 1926.28 Personal Protective Equipment (PPE).

C. Interim Life Safety Hospital Measure (ILSM) Policy-Part A, Chapter 10, Section 4.

D. Guideline for environmental infection control in Health Care Facility 2003.

6.6 Risk Assessment – Health Center Policy

Contractor shall read and agree to all of the health safety regulations needed for this job.

A. Control risk assessment per type of project of activity per matrix of precaution for construction and renovation - Type 1-5. Facility Manager will provide a copy of policy “Infection Control during Construction and Renovation, Part H, Ch. 4, Section 7.0.

7.0 REFERENCES

7.1 Existing As-Builts

As-built prints for plumbing, sewer, HVAC, fire sprinkler system, fire alarm system, building construction, etc. are available for review. Coordinate with Health Center Facility Manager.

7.2 Quality of Workmanship

Contractor shall perform high quality trade and professional craft workmanship. All work shall conform to, and comply with, the latest edition and version of ALL applicable codes includingOSHA, NFPA, IBC, FGI Guidelines for Design and Construction of Health Care Facilities 2014 edition, and Joint Commission Codes, Standards and Guidelines for Hospitals (CAMH).

8.0 SECURITY REQUIREMENTS

Contractor shall abide by all Safety, Security and Infection Control Policies and Procedures of the Wewoka Indian Health Center.

Contractor shall comply with security requirements including personal identification.

Contractor shall be responsible for providing each of their employee with an ID badge.

ID badge shall be worn at all times when performing work during the course of this project.

9.0 LOCATION

The project location:

Haskell Indian Health Center, 2415 Massachusetts St.

Lawrence, KS 66046

A. Contractor Work Hours:

This work shall be conducted after normal business hours from Monday thru Friday 5:30pm to Midnight and/or Saturday and Sunday 7:00 am to 10:00 pm.

Coordination and scheduling of work shall be coordinated with the Facility Manager on a daily basis.

Work performed shall be planned to minimize the impact to services to the Health Center by working after-hours and weekends when practical.

Any aspects of the job that is louder than 80db shall be conducted afterhours.

B. Tobacco Free Campus:

The Haskell Indian Health Center is a tobacco free campus. No smoking of any kind, chew tobacco, or vaping is permitted on the campus grounds.

10.0 PERIOD OF PERFORMANCE

The period of performance this scope of work is 60-calendar days after notice to proceed (NTP). Contractor shall utilize performance period for completion of submittals, approvals, color selections and acquisition of materials and supplies. On-site construction shall be limited to twenty calendar days of on-site construction to accommodate for three weekends.

Pg 11 smlowe Highlight smlowe Highlight smlowe Highlight

The contractor shall perform in accordance with Section 231 of the Crime Control Act of 1990, P.L. 101-647 and the Indian Child Protection and Family Violence Prevention Act, P.L. 101-630, and failure to comply with these statutes shall result in immediate removal.

NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

The following clauses are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR “52.252-2 CLAUSES INCORPORATED BY REFERENCE” contained in this document.

NUMBER TITLE DATE

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR JAN 2011

PERSONNEL

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR JUN 2016

INFORMATION SYSTEMS

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND JUL 2018

SERVICES DEVELOPED ORPROVIDED BY KAPERSKY LAB AND

OTHER COVERED ENTITIES

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELE- AUG 2020

COMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES- OCT 2020

REPRESENTATION

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENT APR 1984

52.222-7 WITHHOLDING OF FUNDS APR 1984

52.222-8 PAYROLLS AND BASIC RECORDS APR 1984

52.222-9 APPRENTICES AND TRAINEES JULY 2005

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS FEB 1988

52.222-11 SUBCONTRACTS (LABOR STANDARDS) MAY 2014

52.222-12 CONTRACT TERMINATION – DEBARMENT MAY 2014

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE MAY 2014

REQUIREMENTS AND RELATED REGULATIONS

52.222-14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988

52.222-15 CERTIFICATION OF ELIGIBILITY MAY 2014

52.223-6 DRUG-FREE WORKPLACE MAY 2001

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

52.228-15 PERFORMANCE & PAYMENT BONDS-CONSTRUCTION JUN 2020

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL DEC 2013

BUSINESS SUBCONTRACTORS

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR APR 1984

52.235-2 DIFFERING SITE CONDITIONS APR 1984

52.236-5 MATERIAL AND WORKMANSHIP APR 1984

52.236-6 SUPERINTENCENCE BY THE CONTRACTOR APR 1984

52.236-8 OTHER CONTRACTS APR 1984

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, APR 1984

EQUIPMENT, UTILITIES AND IMPROVEMENTS

52.236-10 OPERATIONS AND STORAGE AREAS APR 1984

52.236-12 CLEANING UP APR 1984

52.236-13 ACCIDENT PREVENTION NOV 1991

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.237-1 SITE VISIT APR 1984

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT APR 1984

AND VEGETATION

52.239-1 PRIVACY OR SECURITY SAFEGUARDS AUG 1996

52.243-1 CHANGES—FIXED PRICE AUG 1987

52.243-1 CHANGES—FIXED PRICE ALTERNATE I (APR 1984) AUG 1987

52.245-9 USE AND CHARGES APR 2012

52.249-4 TERMINATION FOR CONVENIENCE OF THE APR 1984

GOVERNMENT (SERVICES)

352.224-70 PRIVACY ACT DEC 2015

352.224-71 CONFIDENTIAL INFORMATION DEC 2015

352.237-71 CRIME CONTROL ACT OF 1990-REPORTING OF CHILD ABUSE DEC 2015

352.237-72 CRIME CONTROL ACT-REQUIREMENT FOR BACKGROUND CHECKS DEC 2015

352.239-73 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY DEC 2015

NOTICE

352.239-74 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY DEC 2015

52.204-8 Annual Representations and Certifications. (Mar 2020)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238350.

(2) The small business size standard is $16.5 million.

(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.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), 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 SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-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) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 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.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_203_2 https://www.acquisition.gov/far/part-13#FAR_Part_13 https://www.acquisition.gov/far/part-52#FAR_52_203_11 https://www.acquisition.gov/far/part-52#FAR_52_203_18 https://www.acquisition.gov/far/part-52#FAR_52_204_3 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_204_5 https://www.acquisition.gov/far/part-52#FAR_52_204_26

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 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.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). 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.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 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.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 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.

(xvi) 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.

(xvii) 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.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

https://www.acquisition.gov/far/part-52#FAR_52_209_2 https://www.acquisition.gov/far/part-52#FAR_52_209_5 https://www.acquisition.gov/far/part-52#FAR_52_209_11 https://www.acquisition.gov/far/part-52#FAR_52_214_14 https://www.acquisition.gov/far/part-52#FAR_52_215_6 https://www.acquisition.gov/far/part-52#FAR_52_219_1 https://www.acquisition.gov/far/part-52#FAR_52_219_2 https://www.acquisition.gov/far/part-52#FAR_52_222_22 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_25 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_38 https://www.acquisition.gov/far/part-52#FAR_52_223_1 https://www.acquisition.gov/far/part-52#FAR_52_223_2 https://www.acquisition.gov/far/part-52#FAR_52_223_4 https://www.acquisition.gov/far/part-52#FAR_52_223_22 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_225_2 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-52#FAR_52_225_4 https://www.acquisition.gov/far/part-52#FAR_52_225_3

(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 $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan- Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation.

This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

X (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM 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, https://www.acquisition.gov/far/part-52#FAR_52_225_6 https://www.acquisition.gov/far/part-52#FAR_52_225_5 https://www.acquisition.gov/far/part-52#FAR_52_225_20 https://www.acquisition.gov/far/part-52#FAR_52_225_25 https://www.acquisition.gov/far/part-52#FAR_52_226_2 https://www.acquisition.gov/far/part-52#FAR_52_204_17 https://www.acquisition.gov/far/part-52#FAR_52_204_20 https://www.acquisition.gov/far/part-52#FAR_52_222_18 https://www.acquisition.gov/far/part-52#FAR_52_222_48 https://www.acquisition.gov/far/part-52#FAR_52_222_52 https://www.acquisition.gov/far/part-52#FAR_52_223_9 https://www.acquisition.gov/far/part-52#FAR_52_227_6 https://www.acquisition.gov/far/part-52#FAR_52_227_15 https://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_1201 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 SAM.

(End of provision)

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items) (JUL 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

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

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

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

(iv) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

(vii) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

(ix) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub.L.108-77, 108-78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_225_13 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_232_1 https://www.acquisition.gov/far/part-52#FAR_52_232_8 https://www.acquisition.gov/far/part-52#FAR_52_232_11 https://www.acquisition.gov/far/part-52#FAR_52_232_25 https://www.acquisition.gov/far/part-52#FAR_52_232_39

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013).

(vii) 52.233-1, Disputes (May 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (Jul 2021).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)(Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (Jun 2020) (41 U.S.C.chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jun 2020) (29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020)(22 U.S.C. chapter 78 and E.O.

13627) (Applies to all solicitations and contracts).

(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_244_6 https://www.acquisition.gov/far/part-52#FAR_52_253_1 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-4#FAR_4_1403 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-52#FAR_52_222_20 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-22#FAR_22_1303 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-22#FAR_22_1408 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-22#FAR_22_1303 https://www.acquisition.gov/far/part-52#FAR_52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_55 https://www.acquisition.gov/far/part-52#FAR_52_222_6 https://www.acquisition.gov/far/part-52#FAR_52_222_41

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be-

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American-Supplies (Jan 2021) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract, and the acquisition-

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

https://www.acquisition.gov/far/part-52#FAR_52_222_62 https://www.acquisition.gov/far/part-52#FAR_52_222_6 https://www.acquisition.gov/far/part-52#FAR_52_222_41 https://www.acquisition.gov/far/part-52#FAR_52_223_5 https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.acquisition.gov/far/part-23#FAR_23_804 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.acquisition.gov/far/part-52#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-23#FAR_23_204 https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.acquisition.gov/far/part-52#FAR_52_225_1 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-19#FAR_19_502_2 https://www.acquisition.gov/far/part-52#FAR_52_226_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-26#FAR_26_404 https://www.acquisition.gov/far/part-52#FAR_52_232_33

(xx) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. 55305)(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov/far

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only 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. The Government must exercise its postacceptance rights-

(1) Within a reasonable period of 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.

(e) 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.

(f) 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 https://www.acquisition.gov/far/part-52#FAR_52_232_34 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm https://www.acquisition.gov/far/part-47#FAR_47_504 https://www.acquisition.gov/far/part-52#FAR_52_204_21 https://www.acquisition.gov/far/part-52#FAR_52_209_6 https://www.acquisition.gov/far/part-9#FAR_9_405_2 https://www.acquisition.gov/far/part-52#FAR_52_211_17 https://www.acquisition.gov/far/part-52#FAR_52_247_29 https://www.acquisition.gov/far/part-52#FAR_52_247_34 http://www.acquisition.gov/far paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that 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 that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(End of clause)