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H391--Underground Storage Tanks (UST) and Fuel Polishing Service at New Jersey VAHCS.
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36C24221Q0786
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36C24221Q0786

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24221Q0786 05-25-2021

NATALIE ACEVEDO

718-584-9000 X 2105 06-08-2021

12:00 PM

EDT

36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904 X X 237120 $39.5 Million N/A X New Jersey VA Healthcare System East Orange and Lyons Campuses 151 Knollcroft Road Lyons NJ 07939 36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx NY 10468-3904

Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

See CONTINUATION Page This requirement is for Maintenance and Inspection of Underground Storage Tanks and Fuel Polishing Service at NJ VAHCS, East Orange Campus and Lyons Campus.

Review Statement of Work and complete Price and Cost Schedule included herein.

Questions shall be submitted no later than June 1, 2021 at 12:00 PM EST. and shall be sent to Natalie.Acevedo@va.gov.

Responses shall be posted as an amendment to solicitation on Contract Opportunities.

Period of performance: Base year with 4 option years.

NOTE: Contractors shall adhere to all requirements in Sections: 52.212-1 and 52.212-2.

See CONTINUATION Page X X X

ACEVEDO, NATALIE

Contracting Officer Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
B.2 STATEMENT OF WORK5
B.3 PRICE/COST SCHEDULE11
ITEM INFORMATION11
SECTION C - CONTRACT CLAUSES37
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)37
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)43
C.3 52.216-18 ORDERING (AUG 2020)43
C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)44
C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)44
C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)45
C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS45
C.8 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)46
C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)47
C.10 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)48
C.11 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)48
C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)49
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS57
D.1 WAGE DETERMINATION57
SECTION E - SOLICITATION PROVISIONS58
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020)58
E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)62
E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)62
E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)65
E.5 52.216-1 TYPE OF CONTRACT (APR 1984)66
E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)66
E.7 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008)67
E.8 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)67
E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)70

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C242 ACEVEDO, NATALIE Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X]
52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[]
52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly[]
b. Semi-Annually[]
c. Other[X] Monthly

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO
DATE

B.2 STATEMENT OF WORK

VA New Jersey Healthcare System East Orange and Lyons Campuses FY 21 Underground Storage Tank and Fuel Polishing Service Contract

STATEMENT OF WORK

(SOW)

A. GENERAL INFORMATION

Lyons: COR Upon arrival to perform service, Contractor shall report to the Maintenance Repair Shop Foreman, Bldg. 15, Room 4A, Ext. 4280.

East Orange: Upon arrival to perform service, Contractor to report to Chief Operations Section, Bldg. 5A, Room 109, Ext. 2029.

1. Title of Project: UNDERGROUND STORAGE TANK COMPLIANCE at both East Orange and Lyons campuses.

2. Scope of Work:

East Orange & Lyons The UST (Underground Storage tank) system(s) and belly(day) tanks will be inspected to determine if they are functioning properly and being operated in accordance with applicable NJDEP (New Jersey Department of Environmental Protection) regulations

3. Background:

4. Performance Period:

B. CONTRACT AWARD MEETING

TBD

C GENERAL REQUIREMENTS

Preventive Maintenance Procedures:

The Contractor will perform maintenance and inspection procedures on the following components of each UST system.

1) Piping Dispenser Sumps (monthly) A: Remove any minor liquid and debris from the piping sump.

B: Inspect sump for possible points of water entry/product exit.

C: Examine sump lid.

D: Clean area between grade manhole skirt and sump riser to facilitate water drainage.

E: Test sump sensors.

F: Fuel polishing and water removal of all UST’s as needed, upon findings of monthly report G: Check, tighten and caulk around all bulkhead fittings when needed.

H: Inspect primary and secondary piping.

2) Remote Fill/Spill prevention Basins (monthly) A: Remove any liquid/debris from the basins/spill buckets B: Hydrostatically test and visually inspect spill buckets as required. (See attached Checklist)

3) Overfill Prevention (monthly) Inspect MAG probe and remote enunciator used for over-fill protection for proper operation and make adjustments or repairs as necessary.

4) Tank Monitoring System (Annually) If day/belly tanks have sensors they must also be tested annually) A: Confirm functionality of leak detection system and make any correction or repair as needed.

B: Make any requested programming changes

5) Perform DEP (Department of Environmental Protection) complete with written report. (Monthly)

6) Perform DEP Compliance Inspection complete with written report. (Annually)

7) Perform Cathodic protection survey (triennially)(All Tanks) – Due next in July 2022, then again in July 2025.

8) Provide a A&B licensed operator for both campuses’ yearly.

9) Monthly inspections of generator day/belly tanks (Visual inspection for leaks)

OPERATIONAL INSPECTIONS

Equipment List:

East Orange:

1) A-tank located back of building 1 1,000 gal.

2) B-tank located back of building 1 4,000 gal.

3) C-tank located front of building 1 4,000 gal.

4) CN tank located off Greg drive by electrical distribution 15,000 gal.

5) DN tank located off Greg drive by electrical distribution 15,000 gal.

6) Building 8 generator tank 3,000 gal. day tank 25 gal.

7) Building 8 Boiler fuel tank #1 20,000 gal

8) Building 8 Boiler fuel tank #2 20,000 gal.

9) Building 8 Boiler fuel tank #3 20,000 gal.

10) Building 8 Boiler fuel tank #4 20,000 gal.

11) Building 15 tank 3,000 gal day tank 500 gal.

12) Building 6 gas tank removed Lyons:

1) Building 14 tank # 1 40,000 gal.

2) Building 14 tank # 2 40,000 gal.

3) Building 14 tank # 3 40,000 gal.

4) Building 14 tank # 4 40,000 gal.

5) Building 14 tank # 5 10,000 gal.

6) Building # 1 1,350 gal. by police office

7) Building 2&9 1,350-gal circle 1 courtyard

8) Building 3&4 1,350-gal circle 1 courtyard

9) Building 7&8 1,350-gal circle 1 courtyard

10) Building 10 2,250-gal behind building

11) Building 53 1,350-gal circle 2 courtyard

12) Building 54 1,350-gal circle 2 courtyard

13) Building 57 1,350-gal by generator

14) Building 135 5,400-gal behind building

15) Building 143 2,250-gal by generator

16) Building 136 13,500-gal in parking lot Underground and Above Ground Tanks:

A vault Gen. tank 1,000 gal underground B vault Gen. tank 4,000 gal. underground C vault Gen. tank 1,000 gal. underground CN-2 Gen. tank 15,000 gal. underground DN-1 Gen. tank 15,000 gal. underground Bldg. 7 Gen. tank 2,000 gal. above ground Bldg. 8 Gen. tank 3,000 gal. underground, day tank 25 gal.

Bldg. 15 Gen tank 3,000 gal. underground, day tank 500 gal.

Boiler Plant heating oil tanks:

E-1A 20,000 underground E-2A 20,000 underground E-3A 20,000 underground E-4A 20,000 underground

FUEL TYPE:

All fuel is ultralow sulfur diesel #2

D. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

As stated in the SOW and Price and Cost Schedule

E. Period of performance:

Base Year 12 months with 4 option years.

Hours of Work East Orange:

Lyons: All work to be performed 7:30 AM to 3:30 PM, Monday thru Friday excluding Federal Holidays.

East Orange: All work to be performed 8:00 AM to 4:30 PM, Monday thru Friday excluding Federal Holidays.

F. Frequency: Monthly and annually in the month of July. Invoices billed monthly and in the month of August for the annual service, Tri-annual Hydro testing in the year of 2022 due in August, Invoices billed in September.

G. Reports: Service and inspection reports must be signed by both service provider and COR at completion of work. An electronic version of same shall be sent to each COR at each campus.

H. CHANGES TO STATEMENT OF WORK

Any changes to this SOW shall be authorized and approved only through written correspondence with the CO.

I. REPORTING REQUIREMENTS

East Orange & Lyons Contractor will provide a copy of service report to the COR. Report will include a list of all units completed as well as identified problems and/or deficiencies found. Service reports must be signed by both service provider and COR at completion of work. An electronic version of same shall be sent to the COR.

J. Reporting Procedures: Report any repairs needed to the COR.

K. CONTRACTOR EXPERIENCE REQUIREMENTS

The requirements for individual certification to perform work on regulated USTs are: INSTALLATION (Entire System)

•Minimum of 2 years’ experience performing installations with participation in at least 5 installations each year of experience, or 9 months experience with participation in at least 25 installations in that 9 month period
•Completion of training approved by the manufacturer of the equipment installed by the applicant
•Completion of a 40-hour health and safety training course

Release Detection Monitoring

•Minimum of 2 years’ experience performing release detection monitoring installations with participation in at least 5 installations each year of experience, or 9 months experience with participation in at least 25 installations in that 9 month period
•Completion of training approved by the manufacturer of the equipment installed by the applicant
•Completion of a 40-hour health and safety training course

CLOSURE

•Minimum of 2 years’ experience performing closures with participation in at least 5 closures each year of experience, or 9 months experience with participation in at least 25 closures in that 9 month period
•Completion of a 40-hour health and safety training course

TANK TESTING

•Minimum of 2 years’ experience performing tank testing services with at least 5 tank tests each year of experience, or 9 months experience with participation in at least 25 tank tests in that 9 month period
•Completion of training approved by the manufacturer of the testing equipment
•Completion of a 40-hour health and safety training course

CATHODIC PROTECTION SPECIALIST

• Applicant must have National Association of Corrosion Engineers (NACE) International certification in the category of Cathodic Protection Specialist

CATHODIC PROTECTION TESTER

•Minimum of 2 years’ experience performing cathodic protection testing with participation in at least 5 tests each year of experience, or 9 months experience with participation in at least 25 tests in that 9 month period
•Fulfillment of all requirements in accordance with the requirements of NACE International’s Certification Committee for the category of cathodic tester, corrosion technologist, or senior corrosion technologist
•Completion of a 40-hour health and safety training course

OSHA 40 Hour Safety Training Card.

QUALIFICATIONS OF CONTRACTOR: MINIMUM 2 YEARS EXPERIENCE IN TRADE.

L. Unscheduled Repairs.

Repairs needing to be done that are not covered by contract. These repairs will be noted in work report with cost of labor and material to be forwarded to Contracting Officer and COR. No work will be performed until given authorization by Contracting Officer. Minimum amount of 6 unscheduled repairs is only guaranteed for the base year.

A list of parts associated with unscheduled repairs will be required:

Provide a list of Parts/Materials with pricing required for Unscheduled Repairs.

M. CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

1. The preliminary and final deliverables, all associated working papers, and other material deemed relevant by VA which have been generated by the contractor in the performance of this task order, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order.

2. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order, presented to the contractor, shall be submitted to the CO for response.

N. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS: N/A

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
0.00
MO
__________________
__________________

Preventive Maintenance Procedures:

Monthly Inspection and Testing East Orange Campus and Lyons Campus Contract Period: Base POP Begin:

POP End:

0001AA

12.00
MO
__________________
__________________

Piping Dispenser Sumps (monthly) Contract Period: Base

0001AB

12.00
MO
__________________
__________________

Remove any minor liquid and debris from the piping sump.

0001AC

12.00
MO
__________________
__________________

Examine sump lid.

0001AD

12.00
MO
__________________
__________________

Clean area between grade manhole skirt and sump riser to facilitate water drainage.

0001AE

12.00
MO
__________________
__________________

Test sump sensors

0001AF

12.00
MO
__________________
__________________

Fuel polishing and water removal of all UST’s as needed, upon findings of monthly report

0001AG

12.00
MO
__________________
__________________

Check, tighten and caulk around all bulkhead fittings when needed

0001AH

12.00
MO
__________________
__________________

Inspect primary and secondary piping

0.00
MO
__________________
__________________

Remote Fill/Spill prevention Basins (monthly) East Orange Campus and Lyons Campus Contract Period: Base

0002AA

12.00
MO
__________________
__________________

Remove any liquid/debris from the basins/spill buckets

0002AB

12.00
MO
__________________
__________________

Hydrostatically test and visually inspect spill buckets as required. (See attached Checklist)

12.00
MO
__________________
__________________

Overfill Prevention (monthly)

Inspect MAG probe and remote enunciator used for over fill protection for proper operation and make adjustments or repairs as necessary.

Contract Period: Base

0.00
JB
__________________
__________________

Tank Monitoring System (Annually) If day/belly tanks have sensors they must also be tested annually East Orange and Lyons Campuses Contract Period: Base

0004AA

1.00
JB
__________________
__________________

Confirm functionality of leak detection system and make any correction or repair as needed.

0004AB

1.00
JB
__________________
__________________

Make any requested programming changes

12.00
MO
__________________
__________________

Perform DEP (Department of Environmental Protection) complete with written report. (Monthly)

Contract Period: Base

1.00
JB
__________________
__________________

Perform DEP Compliance Inspection complete with written report. (Annually)

Contract Period: Base

12.00
MO
__________________
__________________

OPERATIONAL INSPECTIONS

EAST ORANGE CAMPUS:

Contract Period: Base

0007AA

0.00

__________________
__________________

East Orange:

1) A-tank located back of building 1

2) B-tank located back of building 1

3) C-tank located front of building 1

4) CN tank located off Greg drive by electrical distribution

5) DN tank located off Greg drive by electrical distribution

6) Building 8 generator tank

7) Building 8 Boiler fuel tank #1

8) Building 8 Boiler fuel tank #2

9) Building 8 Boiler fuel tank #3

10) Building 8 Boiler fuel tank #4

11) Building 15 tank

12) Building 6 gas tank

Contract Period: Base

12.00
MO
__________________
__________________

OPERATIONAL INSPECTIONS

LYONS CAMPUS:

Contract Period: Base

0008AA

0.00

__________________
__________________

Lyons:

1) Building 14 tank # 1 40,000 gal.

2) Building 14 tank # 2 40,000 gal.

3) Building 14 tank # 3 40,000 gal.

4) Building 14 tank # 4 40,000 gal.

5) Building 14 tank # 5 10,000 gal.

6) Building # 1 1,350 gal. by police office

7) Building 2&9 1,350-gal circle 1 courtyard

8) Building 3&4 1,350-gal circle 1 courtyard

9) Building 7&8 1,350-gal circle 1 courtyard

10) Building 10 2,250-gal behind building

11) Building 53 1,350-gal circle 2 courtyard

12) Building 54 1,350-gal circle 2 courtyard

13) Building 57 1,350-gal by generator

14) Building 135 5,400-gal behind building

15) Building 143 2,250-gal by generator

16) Building 136 13,500-gal in parking lot

Contract Period: Base

1.00
HR
__________________
__________________

Labor Rates (PROVIDE HOURLY RATE FOR REPAIRS)

1.00
EA
__________________
__________________

PARTS - Unscheduled Repairs - (PROVIDE LIST OF PARTS AND PRICE FOR EACH)

Minimum 6 Unscheduled Repairs only guaranteed in Base Year.

Contract Period: Base

0.00
MO
__________________
__________________

Preventive Maintenance Procedures:

Contract Period: Option 1

1001AA

12.00
MO
__________________
__________________

Piping Dispenser Sumps (monthly) Contract Period: Option 1

1001AB

12.00
MO
__________________
__________________

Remove any minor liquid and debris from the piping sump.

1001AC

12.00
MO
__________________
__________________

Examine sump lid.

1001AD

12.00
MO
__________________
__________________

Clean area between grade manhole skirt and sump riser to facilitate water drainage.

1001AE

12.00
MO
__________________
__________________

Test sump sensors

1001AF

12.00
MO
__________________
__________________

Fuel polishing and water removal of all UST’s as needed, upon findings of monthly report

1001AG

12.00
MO
__________________
__________________

Check, tighten and caulk around all bulkhead fittings when needed

1001AH

12.00
MO
__________________
__________________

Inspect primary and secondary piping

0.00
MO
__________________
__________________

Remote Fill/Spill prevention Basins (monthly)

Contract Period: Option 1

1002AA

12.00
MO
__________________
__________________

Remove any liquid/debris from the basins/spill buckets

1002AB

12.00
MO
__________________
__________________

Hydrostatically test and visually inspect spill buckets as required. (See attached Checklist)

12.00
MO
__________________
__________________

Overfill Prevention (monthly)

Inspect MAG probe and remote enunciator used for over fill protection for proper operation and make adjustments or repairs as necessary.

Contract Period: Option 1

0.00
JB
__________________
__________________

Tank Monitoring System (Annually) If day/belly tanks have sensors they must also be tested annually) Contract Period: Option 1

1004AA

1.00
JB
__________________
__________________

Confirm functionality of leak detection system and make any correction or repair as needed.

1004AB

1.00
JB
__________________
__________________

Make any requested programming changes

12.00
MO
__________________
__________________

Perform DEP (Department of Environmental Protection) complete with written report. (Monthly)

Contract Period: Option 1

1.00
JB
__________________
__________________

Perform DEP Compliance Inspection complete with written report. (Annually)

12.00
MO
__________________
__________________

OPERATIONAL INSPECTIONS

East Orange:

Contract Period: Option 1

1007AA

0.00

__________________
__________________

East Orange:

2) B-tank located back of building 1

3) C-tank located front of building 1

4) CN tank located off Greg drive by electrical distribution

5) DN tank located off Greg drive by electrical distribution

6) Building 8 generator tank

7) Building 8 Boiler fuel tank #1

8) Building 8 Boiler fuel tank #2

9) Building 8 Boiler fuel tank #3

10) Building 8 Boiler fuel tank #4

11) Building 15 tank

12) Building 6 gas tank

Contract Period: Option 1

12.00
MO
__________________
__________________

OPERATIONAL INSPECTIONS

Lyons Campus:

Contract Period: Option 1

1008AA

0.00

__________________
__________________

Lyons:

2) Building 14 tank # 2 40,000 gal.

3) Building 14 tank # 3 40,000 gal.

4) Building 14 tank # 4 40,000 gal.

5) Building 14 tank # 5 10,000 gal.

6) Building # 1 1,350 gal. by police office

7) Building 2&9 1,350-gal circle 1 courtyard

8) Building 3&4 1,350-gal circle 1 courtyard

9) Building 7&8 1,350-gal circle 1 courtyard

10) Building 10 2,250-gal behind building

11) Building 53 1,350-gal circle 2 courtyard

12) Building 54 1,350-gal circle 2 courtyard

13) Building 57 1,350-gal by generator

14) Building 135 5,400-gal behind building

15) Building 143 2,250-gal by generator

16) Building 136 13,500-gal in parking lot

Contract Period: Option 1

1.00
JB
__________________
__________________

Triennial Cathodic Protection - EAST ORANGE CAMPUS

1.00
JB
__________________
__________________

Triennial Cathodic Protection - LYONS CAMPUS

1.00
HR
__________________
__________________

Labor Rates (PROVIDE HOURLY RATE FOR REPAIRS)

1.00
EA
__________________
__________________

PARTS - Unscheduled Repairs - (PROVIDE LIST OF PARTS AND PRICE FOR EACH)

0.00
MO
__________________
__________________

Preventive Maintenance Procedures:

Contract Period: Option 2

2001AA

12.00
MO
__________________
__________________

Piping Dispenser Sumps (monthly) Contract Period: Option 2

2001AB

12.00
MO
__________________
__________________

Remove any minor liquid and debris from the piping sump.

2001AC

12.00
MO
__________________
__________________

Examine sump lid.

2001AD

12.00
MO
__________________
__________________

Clean area between grade manhole skirt and sump riser to facilitate water drainage.

2001AE

12.00
MO
__________________
__________________

Test sump sensors

2001AF

12.00
MO
__________________
__________________

Fuel polishing and water removal of all UST’s as needed, upon findings of monthly report

2001AG

12.00
MO
__________________
__________________

Check, tighten and caulk around all bulkhead fittings when needed

2001AH

12.00
MO
__________________
__________________

Inspect primary and secondary piping

0.00
MO
__________________
__________________

Remote Fill/Spill prevention Basins (monthly)

Contract Period: Option 2

2002AA

12.00
MO
__________________
__________________

Remove any liquid/debris from the basins/spill buckets

2002AB

12.00
MO
__________________
__________________

Hydrostatically test and visually inspect spill buckets as required. (See attached Checklist)

12.00
MO
__________________
__________________

Overfill Prevention (monthly)

Inspect MAG probe and remote enunciator used for over fill protection for proper operation and make adjustments or repairs as necessary.

Contract Period: Option 2

0.00
JB
__________________
__________________

Tank Monitoring System (Annually)

Contract Period: Option 2

2004AA

1.00
JB
__________________
__________________

Confirm functionality of leak detection system and make any correction or repair as needed.

2004AB

1.00
JB
__________________
__________________

Make any requested programming changes

12.00
MO
__________________
__________________

Perform DEP (Department of Environmental Protection) complete with written report. (Monthly)

Contract Period: Option 2

1.00
JB
__________________
__________________

Perform DEP Compliance Inspection complete with written report. (Annually)

12.00
MO
__________________
__________________

OPERATIONAL INSPECTIONS

Contract Period: Option 2

2007AA

0.00

__________________
__________________

East Orange:

2) B-tank located back of building 1

3) C-tank located front of building 1

4) CN tank located off Greg drive by electrical distribution

5) DN tank located off Greg drive by electrical distribution

6) Building 8 generator tank

7) Building 8 Boiler fuel tank #1

8) Building 8 Boiler fuel tank #2

9) Building 8 Boiler fuel tank #3

10) Building 8 Boiler fuel tank #4

11) Building 15 tank

12) Building 6 gas tank

Contract Period: Option 2

12.00
MO
__________________
__________________

OPERATIONAL INSPECTIONS

Contract Period: Option 2 POP Begin: 06-01-2023 POP End: 05-31-2024

2008AA

0.00

__________________
__________________

Lyons:

2) Building 14 tank # 2 40,000 gal.

3) Building 14 tank # 3 40,000 gal.

4) Building 14 tank # 4 40,000 gal.

5) Building 14 tank # 5 10,000 gal.

6) Building # 1 1,350 gal. by police office

7) Building 2&9 1,350-gal circle 1 courtyard

8) Building 3&4 1,350-gal circle 1 courtyard

9) Building 7&8 1,350-gal circle 1 courtyard

10) Building 10 2,250-gal behind building

11) Building 53 1,350-gal circle 2 courtyard

12) Building 54 1,350-gal circle 2 courtyard

13) Building 57 1,350-gal by generator

14) Building 135 5,400-gal behind building

15) Building 143 2,250-gal by generator

16) Building 136 13,500-gal in parking lot

Contract Period: Option 2 POP Begin: 06-01-2023 POP End: 05-31-2024

1.00
HR
__________________
__________________

Labor Rates (PROVIDE HOURLY RATE FOR REPAIRS)

1.00
EA
__________________
__________________

PARTS - Unscheduled Repairs - (PROVIDE LIST OF PARTS AND PRICE FOR EACH)

0.00
MO
__________________
__________________

Preventive Maintenance Procedures:

Contract Period: Option 3

3001AA

12.00
MO
__________________
__________________

Piping Dispenser Sumps (monthly) Contract Period: Option 3

3001AB

12.00
MO
__________________
__________________

Remove any minor liquid and debris from the piping sump.

3001AC

12.00
MO
__________________
__________________

Examine sump lid.

3001AD

12.00
MO
__________________
__________________

Clean area between grade manhole skirt and sump riser to facilitate water drainage.

3001AE

12.00
MO
__________________
__________________

Test sump sensors

3001AF

12.00
MO
__________________
__________________

Fuel polishing and water removal of all UST’s as needed, upon findings of monthly report

3001AG

12.00
MO
__________________
__________________

Check, tighten and caulk around all bulkhead fittings when needed

3001AH

12.00
MO
__________________
__________________

Inspect primary and secondary piping

0.00

__________________
__________________

Remote Fill/Spill prevention Basins (monthly)

Contract Period: Option 3

3002AA

12.00
MO
__________________
__________________

Remove any liquid/debris from the basins/spill buckets

3002AB

12.00
MO
__________________
__________________

Hydrostatically test and visually inspect spill buckets as required. (See attached Checklist)

12.00
MO
__________________
__________________

Overfill Prevention (monthly)

Inspect MAG probe and remote enunciator used for over fill protection for proper operation and make adjustments or repairs as necessary.

Contract Period: Option 3

0.00
JB
__________________
__________________

Tank Monitoring System (Annually)

Contract Period: Option 3

3004AA

1.00
JB
__________________
__________________

Confirm functionality of leak detection system and make any correction or repair as needed.

3004AB

1.00
JB
__________________
__________________

Make any requested programming changes

12.00
MO
__________________
__________________

Perform DEP (Department of Environmental Protection) complete with written report. (Monthly)

Contract Period: Option 3

1.00
JB
__________________
__________________

Perform DEP Compliance Inspection complete with written report. (Annually)

12.00
MO
__________________
__________________

OPERATIONAL INSPECTIONS

Contract Period: Option 3

3007AA

0.00
MO
__________________
__________________

East Orange:

2) B-tank located back of building 1

3) C-tank located front of building 1

4) CN tank located off Greg drive by electrical distribution

5) DN tank located off Greg drive by electrical distribution

6) Building 8 generator tank

7) Building 8 Boiler fuel tank #1

8) Building 8 Boiler fuel tank #2

9) Building 8 Boiler fuel tank #3

10) Building 8 Boiler fuel tank #4

11) Building 15 tank

12) Building 6 gas tank

Contract Period: Option 3

12.00
MO
__________________
__________________

OPERATIONAL INSPECTIONS

Contract Period: Option 3

3008AA

0.00
MO
__________________
__________________

Lyons:

2) Building 14 tank # 2 40,000 gal.

3) Building 14 tank # 3 40,000 gal.

4) Building 14 tank # 4 40,000 gal.

5) Building 14 tank # 5 10,000 gal.

6) Building # 1 1,350 gal. by police office

7) Building 2&9 1,350-gal circle 1 courtyard

8) Building 3&4 1,350-gal circle 1 courtyard

9) Building 7&8 1,350-gal circle 1 courtyard

10) Building 10 2,250-gal behind building

11) Building 53 1,350-gal circle 2 courtyard

12) Building 54 1,350-gal circle 2 courtyard

13) Building 57 1,350-gal by generator

14) Building 135 5,400-gal behind building

15) Building 143 2,250-gal by generator

16) Building 136 13,500-gal in parking lot

Contract Period: Option 3

1.00
HR
__________________
__________________

Labor Rates (PROVIDE HOURLY RATE FOR REPAIRS)

1.00
EA
__________________
__________________

PARTS - Unscheduled Repairs - (PROVIDE LIST OF PARTS AND PRICE FOR EACH)

0.00
MO
__________________
__________________

Preventive Maintenance Procedures:

Contract Period: Option 4

4001AA

12.00
MO
__________________
__________________

Piping Dispenser Sumps (monthly) Contract Period: Option 4

4001AB

12.00
MO
__________________
__________________

Remove any minor liquid and debris from the piping sump.

4001AC

12.00
MO
__________________
__________________

Examine sump lid.

4001AD

12.00
MO
__________________
__________________

Clean area between grade manhole skirt and sump riser to facilitate water drainage.

4001AE

12.00
MO
__________________
__________________

Test sump sensors

4001AF

12.00
MO
__________________
__________________

Fuel polishing and water removal of all UST’s as needed, upon findings of monthly report

4001AG

12.00
MO
__________________
__________________

Check, tighten and caulk around all bulkhead fittings when needed

4001AH

12.00
MO
__________________
__________________

Inspect primary and secondary piping

0.00
MO
__________________
__________________

Remote Fill/Spill prevention Basins (monthly)

Contract Period: Option 4

4002AA

12.00
MO
__________________
__________________

Remove any liquid/debris from the basins/spill buckets

4002AB

12.00
MO
__________________
__________________

Hydrostatically test and visually inspect spill buckets as required. (See attached Checklist)

12.00
MO
__________________
__________________

Overfill Prevention (monthly)

Inspect MAG probe and remote enunciator used for over fill protection for proper operation and make adjustments or repairs as necessary.

Contract Period: Option 4

0.00
JB
__________________
__________________

Tank Monitoring System (Annually)

Contract Period: Option 4

4004AA

1.00
JB
__________________
__________________

Confirm functionality of leak detection system and make any correction or repair as needed.

4004AB

1.00
JB
__________________
__________________

Make any requested programming changes

12.00
MO
__________________
__________________

Perform DEP (Department of Environmental Protection) complete with written report. (Monthly)

Contract Period: Option 4

1.00
JB
__________________
__________________

Perform DEP Compliance Inspection complete with written report. (Annually)

12.00
MO
__________________
__________________

OPERATIONAL INSPECTIONS

Contract Period: Option 4 POP Begin: 06-01-2025 POP End: 05-31-2026

4007AA

0.00
MO
__________________
__________________

East Orange:

2) B-tank located back of building 1

3) C-tank located front of building 1

4) CN tank located off Greg drive by electrical distribution

5) DN tank located off Greg drive by electrical distribution

6) Building 8 generator tank

7) Building 8 Boiler fuel tank #1

8) Building 8 Boiler fuel tank #2

9) Building 8 Boiler fuel tank #3

10) Building 8 Boiler fuel tank #4

11) Building 15 tank

12) Building 6 gas tank

Contract Period: Option 4 POP Begin: 06-01-2025 POP End: 05-31-2026

12.00
MO
__________________
__________________

OPERATIONAL INSPECTIONS

Contract Period: Option 4

4008AA

0.00
MO
__________________
__________________

Lyons:

2) Building 14 tank # 2 40,000 gal.

3) Building 14 tank # 3 40,000 gal.

4) Building 14 tank # 4 40,000 gal.

5) Building 14 tank # 5 10,000 gal.

6) Building # 1 1,350 gal. by police office

7) Building 2&9 1,350-gal circle 1 courtyard

8) Building 3&4 1,350-gal circle 1 courtyard

9) Building 7&8 1,350-gal circle 1 courtyard

10) Building 10 2,250-gal behind building

11) Building 53 1,350-gal circle 2 courtyard

12) Building 54 1,350-gal circle 2 courtyard

13) Building 57 1,350-gal by generator

14) Building 135 5,400-gal behind building

15) Building 143 2,250-gal by generator

16) Building 136 13,500-gal in parking lot

Contract Period: Option 4

1.00
JB
__________________
__________________

Triennial Cathodic Protection - EAST ORANGE CAMPUS

1.00
JB
__________________
__________________

Triennial Cathodic Protection - LYONS CAMPUS

1.00
HR
__________________
__________________

Labor Rates (PROVIDE HOURLY RATE FOR REPAIRS)

1.00
EA
__________________
__________________

PARTS - Unscheduled Repairs - (PROVIDE LIST OF PARTS AND PRICE FOR EACH)

GRAND TOTAL
__________________

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

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

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.

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