MASHPEE_285-12-RFP-0017 1 .docx

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER, AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

285-12-RFP-0017

2. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

3. DATE ISSUED

04/04/2012

PAGE OF PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

7. ISSUED BY CODE

8. ADDRESS OFFER TO

PUT BIDDER INFO HERE

Department of Health & Human Services, Indian Health Service – Nashville Area Office 711 Stewarts Ferry Pike Nashville, TN 37214

Andrew A. Rhoades B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(615) 467-1567

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

11. The Contractor shall begin performance within 10 calendar days and complete it within 90 calendar days after receiving award, X notice to proceed. This performance period is mandatory, X negotiable. (See .)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

12B. CALENDAR DAYS

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85) Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

26. ADMINISTERED BY CODE

27. PAYMENT WILL BE MADE BY

NAO Financial Management LaToya Boldridge 711 Stewarts Ferry Pike Nashville, TN 37214

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Donna S. Harjo, Contracting Officer

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

METHOD OF MEASUREMENT -

ITEM NO.DESCRIPTION -

UNIT ESTIMATED QUANTITY -

UNIT PRICE -

TOTAL -

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Turnkey design-build of a 3 chair modular dental building at Mashpee Service Unit, Massachusetts

Scope of Work

The project consists of the construction, delivery, and setup of modular dental unit at the Mashpee Service Unit in Mashpee, Massachusetts. The modular dental unit is to be built to meet all local, state codes and national standards for dental facilities. This modular dental unit considering the cold and rainy climate of the Cape Cod area of Massachusetts shall be designed to withstand snow, and wind loads. Design and construction shall take these conditions into consideration. The modular dental unit is to meet all current editions of National Fire Protection Association (NFPA), Uniform Building Code (UBC), Americans with Disabilities Act (ADA), Indian Health Service (IHS) design guide, and the American Institute of Architects (AIA) Guidelines for the Design and Construction of Health Care Facilities. This is a performance-based statement of work and is not intended to be prescriptive. The overall intent of this design-build project is to achieve the handover of a complete move-in ready facility by the Mashpee Service Unit so that dental services can be provided immediately. Dental hand tools, personal computers, and office furniture are not part of this scope of work. All except for the equipment provided by the owner (see number 16) shall be purchased and installed under this scope of work. The equipment provided by the owner (number 16) shall be coordinated during design and installed as part of the scope of work.

The following are included in the scope of work and this list is not intended to be exhaustive but merely to be illustrative of what is considered part of the scope of work: complete vacuum lines, water fountain, compressed air lines, IT drops and patch-panel, window treatments and mini-blinds, interior lighting, ductwork associated with heating and cooling, water heater with recirculating pump, Ultrasonic cleaner, Sterilizer, sinks with hot and cold plumbing lines, telephone/data cabling and outlets, gutter and downspouts, lavatory fixtures, designed and installed reception desk, dental chairs and associated cabinetry (fully designed and installed).

Given the site plan, the intent is to install a 3 chair modular dental facility adjacent to the existing clinic. The following are the requirements and considerations to be used in arriving at the final design for the proposed dental facility. It is expected that key attributes of the design will be finalized during the design phase of the project as a result of concurrent reviews by IHS and regulatory agencies e.g. Town of Mashpee (Building, Health and Fire Departments) and any State of Massachusetts reviews.

1. The size of the building is expected to be in the 2000-2500 sq. feet range to accommodate a 3 chair dental operatory, reception area/waiting area, entry for patients, entry for staff and supplies, secure area for medical records with associated reception desks, janitor’s closet with a sink, lavatory for patients, lavatory for staff, space for sterilization, complete cabinetry, complete vacuum and air compressor system for the 3 dental chairs, clean room, mechanical room, storage room, all plumbing fixtures, IT closet, and connections, lab area, break room, dentists office and a future site for a panoramic X-ray location. Given the limited leased area on which to build the dental building, it is expected that the most optimum design shall be arrived at for final construction given the overall requirements, site factors and construction techniques available to meet completion date.

2. The dental chairs and overhead dental examination lights shall be designed to accommodate right-handed and left-handed dentists.

3. A back-up heating source from natural gas is recommended for the heat pump for colder ambient temperatures. The current buildings at site are similarly built.

4. The septic system was designed to meet future flows such as this addition and hence no improvement to the leach field is required. Approvals from the Town of Mashpee Health and Planning departments shall be sought. Additional parking spaces shall be created per Town of Mashpee Planning department comments. Such spaces will be created on gravel area of the site if necessary.

5. It is the desired intent to have a completed facility by Nov 2012 to avoid cold weather and hence the need for an expedited design phase to ensure that construction/erection begins by July 2012.

6. Sewer, water, and gas stubs are at existing site and shall be connected to the dental building. Minor landscaping will be required to bring site to original condition.

7. All utilities are shown on the enclosed plot including sewer, water, gas and electrical lines and these need to be hooked to the completed facility. The locations do need to be field verified before design and construction.

8. All permits and review fees to the Town of Mashpee and State of Massachusetts shall be the responsibility of the contractor.

9. Internal signage to allow for easy patient flow and way-finding shall be incorporated in the design and construction (medical records, rest room, clean room). One exterior signage will be added to the completed facility to way-direct patients for dental services.

10. An as-built drawings shall be submitted to Nashville Area Office contracting Officer and facility engineering representative after the project is completed that has a PE stamp from the State of Massachusetts.

11. The design work shall be completed and stamped with a State of Massachusetts Professional Engineer.

11. It is the contractors responsibility to connect all relevant utility lines to the modular dental unit. All applicable fees and standards by the respective utilities shall be complied. Some utilities may require that the connections be performed by them after fees are paid and this will be complied.

12. It is anticipated that progress meetings shall be held to ensure that progress and future work is communicated to all stakeholders on this project.

13. All designs and construction shall be in accordance with the most current issues of the National Electric Code, National Fire Codes, AIA Guidelines, UBC, ASHRAE, OSHA (during construction), UFAS, all Federal, State, and local ordinances, and shall be in accordance with most current Industry Standards for a dental medical facility.

14. The contractor shall restore all areas disturbed by construction to a condition at least equal to that existing prior to construction, and during construction shall minimize interference to the function of the clinic.

15. Any cost associated with third party inspection of electrical, mechanical, NFPA compliance or plumbing that may be required by the State of Massachusetts or the Town of Mashpee isle shall be the responsibility of the contractor.

16. The following equipment shall be provided by owner for installation and shall be installed after design coordination with other equipment that shall be purchased and installed by the contractor.

Dental Chair Frame

Dental Assist Chair

Dental Chair Arm Rest

Dental Chair Tray

Dental Chair Head Rest

A-Dec Box part of chair

A-Dec Box Countertop

Medical Items Box ?X-ray film?

Dental Sterilization Cabinet 27x27x81

Dental Sterilization Cabinet 27x26x81

Dental Sterilization Cabinet 12x26x81

Dental backless chair

Box of 1,000 4oz cups

17. All wastes generated during construction shall be disposed of at a receiving facility that is authorized to receive those wastes i.e. construction and demolition wastes, refuse.

18. The unit for air-conditioning shall be sized and located to improve overall site efficiency. The unit can be located on the roof if the building is adequately designed to minimize transmission of vibrations.

19. Crane costs as required shall be borne by the contractor including transportation costs from factory to site.

20. Heat tape shall be provided to exposed portions of the water pipe to prevent freezing.

21. The current guidelines and recommendations NCRP (National Council on Radiation Protection and Measurements) shall be used to guide if structural shielding is required based on the X-ray machine chosen for each of the operatory. Blocking shall be provided to prevent scatter of radiation around all radiation equipment if the equipment itself is shielded.

22. Exterior color of the modular building shall match the existing clinic’s exterior as confirmed in the final approved design.

23. Testing and Balancing Report on the installed HVAC system shall be provided to owner and any deficiencies noted rectified.

24. Use of personnel or contractors belonging to the Tribe to provide specialized services is encouraged where effective and feasible.

25. The dental building will be built on leased land from the Tribe. A copy of the lease will be provided to bidders. In addition, the owner has processed NEPA clearance for this project.

26. Complete camera surveillance system designed and installed for remote monitoring from IT/electrical closet. 4 cameras for perimeter monitoring and 4 cameras for inside monitoring (waiting room, reception lobby and corridors).

27. The building shall be designed and constructed for the latest edition of Life safety Code (NFPA 101) and NFPA 99.

28. Single Strand, Multi-Mode fiber from the new dental clinic IT closet to the existing building’s computer room shall be provided.

29. Cat 6 cabling from each drops to a centralized patch panel in the IT closet of the new dental clinic shall be provided.

30. Installation of a 48 Port Cat 6 Patch Panel in a centralized computer / IT room in the dental clinic shall be provided.

31. All lines must be tested and certified for 1000MB/VOIP Quality lines after installation.

32. The IT closet will be designed and constructed to have dedicated temperature controls to allow for wider operational flexibility in cooling/heating.

33. The IT closet shall be designed to hold a large UPS to support the networking appliances (switch, server, etc).

34. A 5 foot long shelf adjacent to the patch panel in the IT closet to hold the switch and other necessary networking appliances shall be provided.

35. A minimum of 2 networking and 2 phone drops per Operatory on two sides shall be designed and provided. Each office shall have a minimum of 2 networking drops and 2 phone drops.

36. A minimum of 2 additional networking drops in close proximity to any dental x-ray systems shall be provided for connectivity to a Dentrix system.

37. Cable trays or J-hooks shall be used for all voice and data cabling in the ceiling.

38. Skirts shall be designed and constructed to allow for as-needed ventilation and conducting repairs.

39. A minimum SEER rating of 16 or better shall be used for air-conditioning equipment.

40. 3-phase power shall be provided to all equipment via dedicated circuits.

41. Fiberglass panels shall be installed in clean room and above countertops in the lab and dirty rooms to ensure durability.

42. Exhaust units shall be provided at a minimum to the rest rooms and janitor’s closet.

It would be the contractor’s responsibility to secure all necessary permits and State and local approvals as necessary to allow for progress on construction and site work. The site plan sketch is intended to show only general locations and relationships of building site items.

Because this SOW is general in nature and focuses on the performance instead of detailed specifications, material submittals shall be provided before approvals are granted by IHS. Catalog cut sheets, manufacture’s literature, and samples will need to be forwarded to the Nashville Area Contracting Officer and facilities engineering staff. NAO Division of Facilities Engineering needs to review all material selections to determine the quality and conformance to final approved design. Submittals shall include at a minimum the following: decking materials on porch, ramp, and walkways, roofing and roof framing, downspout system, lighting fixtures, switches, wiring and conduit, piping, meters, HVAC system, plumbing, vacuum and air systems, cabinetry, paving, and other relevant submittals.

IHS needs to closely monitor the construction process and inspect the work at key milestones. See the attached milestone list that NAO staff plan to be on site and meet with contractors. Sewer, electric and water hook-ups with the Town of Mashpee shall be made with the appropriate utility to ensure conformance to Utility guidelines. A detailed schedule shall be submitted to IHS DFE within 10 days of the award of the contract.

Connection of Utilities:

Before doing any digging on the site, locate all underground piping and wiring. Mark the locations with fluorescent paint on the grounds.

· Electric Electrical service is required to the dental buildings. It is estimated that the dental building might need a 400 amp service subject to confirmation at the end of the design phase of the project. The building will have separate service line and meter. Electrical service lines at the building site shall be underground. Meters will be located on the exterior of the buildings near the main electrical panels. All work will be done by licensed professions and meet the National Electric Code requirements for installation and grounding systems. A separate water meter shall be installed for the dental building. Similarly a separate gas meter shall be provided for the dental building.

Entrances and Parking:

The front entrance of the building will need a covered porch area, connecting covered ramp, stairs, and covered handicapped (H/C) accessibility ramping. The H/C ramp will lead to designated parking spots in front of building. Roof covering shall be a low profile, near flat design and shall meet the snow and wind requirements of the Presque Isle area of Maine. The H/C ramp shall meet all the requirements of the Americans with Disabilities Act Accessibility Guidelines (ADAAG). An acceptable anti-skid coating shall be provided for the ramp, stairs and porch.

· The site work as completed shall drain away storm water away from buildings and parking areas and into natural drainages.

· Adequate exterior flood lighting attached to the building shall illuminate the stairs, ramps, and the general parking area.

Milestones:

Federal staff is expected to be onsite and assist in the coordination of project schedule and inspection of completed work.

Events

1. Design submissions (35%,and 100% and final). PDF submission of the 35% and 100% would be sufficient to ensure expedited reviews. Reviews shall be performed by IHS staff, Town of Mashpee (Health, Planning and Building) and State of Massachusetts. Review comments shall be incorporated in the final design and hard copy shall be distributed to Town of Mashpee (for each reviewing office) and IHS (Mashpee service unit and Nashville area office).

2. Approval of final design. It is anticipated that approval of design and permits are obtained before construction can begin.

3. Site work after obtaining relevant permits from the Town of Mashpee, Utilities and State of Massachusetts.

4. Erection of modular building and associated systems (vacuum and air lines, water, sewer, electric, IT cabling). Installation of al equipment that is called for in the scope of work. Site work completion including entrance stairs, ramps, and parking lot.

5. Inspection of finished electrical work/lighting and HVAC. Final inspection

285-12-RFP-0017 Mahspee Dental Clinic

6. Inspection of all site work. Completed railing, painting, etc. As-built drawings to be submitted to customer.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section} 285-12-RFP-0017 Mashpee Dental Clinic

SECTION E--INSPECTION AND ACCEPTANCE

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/

FEDERAL ACQUISITION REGULATION CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE 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/

FEDERAL ACQUISITION REGULATION CLAUSES

52.242-14 Suspension of Work (APR 1984)

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 days after notice to proceed. The time stated for completion shall include final cleanup of the premises.

52.236-15 Schedules for Construction Contracts (APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

SECTION G--CONTRACT ADMINISTRATION DATA GOVERNMENT-FURNISHED PROPERTY

Dental Chair Frame

Dental Assist Chair

Dental Chair Arm Rest

Dental Chair Tray

Dental Chair Head Rest

A-Dec Box part of chair

A-Dec Box Countertop

Medical Items Box ?X-ray film?

Dental Sterilization Cabinet 27x27x81

Dental Sterilization Cabinet 27x26x81

Dental Sterilization Cabinet 12x26x81

Dental backless chair

Box of 1,000 4oz cups

SECTION H--SPECIAL CONTRACT REQUIREMENTS

FAR 52.236-4 Physical Data (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by IHS during cursory reviews of the proposed work area. No geotechnical investigations were performed. Site conditions and geotechnical characteristics shall be determined by and the responsibility of the Contractor prior to preparing their bid. No additional payment shall be made for unexpected site or geotechnical conditions.

(b) Weather conditions are anticipated to be typical of the region for the construction season. No unexpected or unique weather conditions are known to be expected.

(c) No special transportation to the facilities is expected and therefore, the contractor is to provide transportation to and from the site for its employees.

Utility Services

The Contractor shall be solely responsible for providing and coordinating utility services to the site as necessary for construction. Determination of location, depth, type, and condition of existing utilities shall be the sole responsibility of the Contractor. No additional payments shall be made for unexpected utility information, cost of repair, relocation, or installation of utilities potentially impacted by this work.

PART II--CONTRACT CLAUSES & PROVISIONS SECTION H--CONTRACT CLAUSES & PROVISIONS

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/

FAR 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/far/

FEDERAL ACQUISITION REGULATION CLAUSES & PROVISIONS

Transactions (SEPT 2007)

with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010)

Eligible Veterans (SEP 2010)

(APR 1984)

52.204-1 Approval of Contract (DEC 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

52.204-7 Central Contractor Registration (FEB 2012)

(a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1)

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

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

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

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423, or 269-961-5757.

52.212-4 Contract Terms and Conditions—Commercial Items (FEB 2012)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

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

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

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures…