36C24824Q0071.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* Install Temp Shoring in Crawl Space at Building 1 (Specialized Contract) (PROJ: 516-23-604) Bay Pines VAMC

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 33744

SOLICITATION NUMBER* 36C24824Q0071

RESPONSE DATE/TIME/ZONE 11-27-2023 4:00 PM EASTERN TIME, NEW YORK, USA

ARCHIVE 60 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE SBA

PRODUCT SERVICE CODE* P400

NAICS CODE* 238990

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Network Contracting Office 8 (NCO 8) Bay Pines, FL 33744

POINT OF CONTACT*

Contracting Specialist Laurie Whitmore Laurie.Whitmore@va.gov

PLACE OF PERFORMANCE

ADDRESS Department of Veterans Affairs C.W. Bill Young VAMC 10,000 Bay Pines Blvd

Bay Pines FL

POSTAL CODE 33744

COUNTRY USA

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

Specialized Services: Install Temporary Shoring in Crawl Space Bldg. 1, located at Bay Pines VAMC, 10000 Bay Pines Blvd., Bay Pines, FL; PN: 516-23-604

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes only the solicitation; quotes are being requested, and a written solicitation will not be issued.

Document 36C24824Q0071 is being issued as a request for quotation (RFQ).

This solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular (FAC) 2020-04, effective Jan 15, 2020.

This requirement is Unrestricted.

The NAICS code for this requirement is 238990 - All Other Specialty Trade Contractors with a small business size standard of $19 million.

Description of requirements for the Services to be provided: Brief description. See attached SOW.

The following line item pertains to the description: See the attached Price/Cost Schedule.

CLIN 0001

Performance Period: 92 days after the Contract award with an 18-month Period of Performance for periodic inspections and equipment rental.

All services will be delivered to the C.W. Bill Young VA Medical Center, 10000 Bay Pines BLVD., Bay Pines, FL, 33744. As a part of delivery and acceptance, the FOB point is destination.

The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition, and offers must fill out the price/cost schedule attached. Offerors must submit their technical and management approach that pertains to the SOW.

The provision at 52.212-2, Evaluation -- Commercial Items, will not be used. See attached Evaluation -basis for award – Comparative Evaluation.

To be eligible for an award, offerors must be registered in System for Award Management (SAM) in accordance with the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items.

FAR Clause 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition, and no additional addenda to the clause is included.

FAR clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, applies to this acquisition, and no additional FAR clauses cited in the clause are applicable to the acquisition.

The following additional contract requirement(s) or terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices are as follows: FAR 52.252-2, VAAR 852.237-70, VAAR 852.215-70

A site visit will be facilitated for Thursday, November 9th, 2023, at 9:00 AM EST.

10000 Bay Pines Blvd, Bldg. 24, 3rd floor, Bay Pines, FL 33744, no later than (NLT) 9:00 A.M.

EST.

Point of contact (site visit): Alberto Torres-Soto, and Corey Meehan; alberto.torres-soto@va.gov, and Corey Meehan, corey.meehan@va.gov.

If questions are received, an amendment to this solicitation will be posted publicly to the Federal Business Opportunity website (www.fbo.gov) with answers and clarifications. Questions/RFI’s can be sent electronically to Kenneth.Caryer@va.gov and Laurie.Whitmore@va.gov. Questions received after 4:00 P.M. EST, November 14th, 2023, may not receive an answer.

The date, time, and place quotes are due: November 27th, 2023, at 4:00 P.M. EST. Vendors shall submit quotes to the contracting officer via kenneth.caryer@va.gov and Laurie.Whitmore@va.gov.

A.1 PRICE/COST SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

QUANTI

TY UNIT AMOUNT

CLIN

Item 1 Develop, Install, and provide Technical Services for the installation and execution of a temporary shoring system.

Contractor shall provide all labor, materials, tools, equipment, and technical services necessary for the development and installation of a project described herein and other specific tasks as further defined by the Statement of Work (SOW).

Specialized Services: 92 calendar days after Notice to Proceed (NTP) issuance.

18 Months after Installation:

Predicated on acceptance from the independent shoring professional engineer - Special Inspection Report.

Temporary shoring is required for approximately 18 months after installation. Implement the monitoring program for the

1.00 JB $______________

temporary shoring defined in the technical services above. The temporary shoring must undergo bi-weekly inspections, adjustments as necessary, and recertifications.

De-install: After the shoring is no longer required, the temporary shoring shall be de-installed.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238990

- All Other Specialty Trade Contractors

PRODUCT/SERVICE CODE: Z2JZ

GRAND

TOTAL

INSTRUCTIONS TO QUOTERS:

I. General Information:

a. Cover Page with Solicitation Number, Project Title

b. Company Name,

c. SAM Unique ID Number

d. Commercial and Government Entity (CAGE) Code

e. Tax ID number

f. Principal points of contact, address, phone numbers, e-mail, etc.

g. Signed offer 1442/Acknowledgement of Amendments

h. Copy of current SDVOSB Certification (if applicable)

j. Completed Experience Modification Rate (EMR) Form. Attachment 02_EMR.

1. An organized site visit is scheduled at the times identified below. The Government requests that parties be limited to prime representatives and key personnel. The site visit is “highly encouraged” and expected before the submission of the quote.

2. Site-Visit: A Site-Visit will be conducted on Thursday, November 09, 2023, by 9:00 AM

EST. Interested vendors shall meet in the Parking lot of 10000 Bay Pines Blvd, Bldg. 24, 3rd floor, Bay Pines, FL 33744, no later than (NLT) 1:00 P.M. EST.

Required attire: Flashlight, Hard Hat, Safety Vest, Safety Boots, and Safety

Glasses.

3. RSVP: Interested vendors who plan to attend the site visit shall confirm via email RSVP 36C24824Q0071 PN 516-23-604, Install Temporary Shoring in Crawl Space, Bldg. 1 to alberto.torres-soto@va.gov, and Corey Meehan, corey.meehan@va.gov NLT Tuesday, November 07, 2023, by 1:00 PM EST.

4. Vendor Questions: All questions regarding this solicitation shall be in writing, sent by email with the subject line RFI 36C24824Q0071 PN 516-23-604 Install Temporary Shoring in Crawl Space, Bldg. 1 to alberto.torres-soto@va.gov, laurie.whitmore@va.gov, kenneth.caryer@va.gov and must be received NLT Tuesday, November 14, 2023, by 1:00 PM EST. No further questions will be accepted after that date and time.

5. Answers to Vendor Questions: Answers to vendor questions (along with a copy of the

Site-Visit Sign-In Sheet) will be posted on www.SAM.gov (Contract Opportunities) on Friday, November 17, 2023, by 4:00 PM EST.

6. Quotes Due: must be emailed with the subject line RFQ 36C24824Q0071 PN 516-23-604, Install Temporary Shoring in Crawl Space, Bldg. 1, along with all supporting documents required above to laurie.whitmore@va.gov, and kenneth.caryer@va.gov and received NLT Friday, November 27, 2023, by 4:00 PM EST. Quotes may be submitted on this document.

7. NO LATE QUOTES WILL BE ACCEPTED: Carefully follow the instructions above.

Failing to provide the appropriate subject email title may cause the email to be overlooked.

For questions regarding the solicitation, PHONE CALLS WILL NOT BE ACCEPTED.

please contact the CO Kenneth Caryer @ kenneth.caryer@va.gov or the CS Laurie Whitmore at laurie.whitmore@va.gov.

8. 5. SDVOSB Verification: All interested offerors must be registered in the System Award Management SAM.GOV and must be certified SDVOB and verified in SBA’s VetCert program database. (https://veterans.certify.sba.gov/)

9. WAGE DETERMINATION: Wages for all contractors and subcontractors must comply with the Wage Determinations (SCA). The current determination is WD 2015-4571. Be advised the determination that is current at the time of the Contract award is the determination that will apply to the project. Current determinations are always available at https://wdolhome.sam.gov/.

10. Insurance (Please see 52.228-5 for further information on applicability): The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. Proof of insurance shall be provided within ten (10) calendar days of award of the Contract. Notice to proceed will not be issued until the Contractor provides sufficient insurance to cover the work being performed.

11. SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE

MODIFICATION RATE (EMR)

a. All Offerors shall submit with their quotes a completed Attachment 02_EMR, which supplies the Government information pertaining to your firm’s past Safety and Environmental record. A submitted Attachment C represents a certification of your https://veterans.certify.sba.gov/ https://wdolhome.sam.gov/ firm’s past Safety and Environmental record identifying serious, willful, or repeat violations from OSHA or any EPA violations within the last three (3) years.

Please attach an explanation for any violations.

b. All Offerors shall submit information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information shall be obtained from the offeror’s insurance company and be furnished on the insurance carrier’s letterhead and included with the completed Attachment 02_EMR.

c. Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (N1CCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Include this letter with the completed Attachment C.

Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state-run worker’s compensation insurance rating bureau and include this letter with the completed Attachment 02_EMR.

d. A Determination of Responsibility will be accomplished for the apparent awardee before processing the award. The information provided, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases, will be used to make the Determination of Responsibility.

OFFER PREPARATION AND EVALUATION INFORMATION:

Technical Proposal Format: Technical Proposal shall address all requested information and then be evaluated against the stated factors. The following format shall be used:

2. EVALUATION FACTORS: The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price, and other factors considered. The following factors shall be used to evaluate offers:

Factor I – Contractor Qualifications

a. Key Role Qualifications:

a. Project Manager The Project Manager shall have at least five (5) years of experience.

b. Superintendent The Superintendent shall have at least eight (8) years of experience.

c. Quality Control Manager The QA/QC manager must have at least three (3) years of experience as a QA/QC manager for a shoring project within the last 8 years.

d. Safety Manager The Safety Manager shall have at least five (5) years of experience.

e. Safety Officer

The Safety Officer shall have at least three (3) years of experience.

f. Special Inspector The Special Inspector shall have at least five (5) years of experience. See the Scope of Work for additional requirements.

g. Professional Engineer The Professional Engineer shall have at least five (5) years of experience and shall have expertise in shoring and temporary shoring design. The preference of trade is Structural Engineering. See the Scope of Work for additional requirements.

b. State of Florida Registered Structural Contractor.

c. Names, qualifications, and training certifications for Contractors Competent Persons.

d. Technical Narrative - Describe, in a written narrative, the plan to design/develop, install, and implement technical services for installing and executing temporary shoring in the critical areas at the crawl space and basement of Building 1 identified by the JS Held LLC Assessment. The narrative will also detail a complete and accurate project that best meets the users' needs in compliance with referenced standards, construction guidelines, and code requirements, IAW the SOW.

e. Technical Narrative describing the process of removal of temporary shoring after the equipment is no longer required.

f. The Government will evaluate the level of detail for specific tasks with dates for each step of the process, including Design, installation, and monitoring throughout the period of performance.

g. The Government will evaluate how well the Offeror specified the days of the week and the hours of operations during each phase of the work and the percentage of contract completion that will be achieved at the end of each month of the contract.

h. Capacity to accomplish the work in the required time for design/development, installation, and implementation of technical services for the project within the required time of 92 days. (3 months)

i. Formatting and Other Restrictions: The submission is limited to 10, 8-1/2” x 11” pages in total.

Specialized Experience:

a. Specific experience and past performance on contracts with Government agencies and private industry in terms of cost control, quality of work, and compliance with performance schedules on projects of the same or similar size scope, including the OSHA-defined “permit-required confined space.”

b. The submission of not more than four examples of completed projects or efforts that present an offeror's experience on contracts within the past five years, similar in size, scope, and complexity to that specified in the RFQ.

c. That a "completed project or effort" is one that should be completed projects or efforts that are 90 percent complete and any ongoing projects or efforts that have been initiated within the past two years.

d. The description of each completed project or effort should indicate an offeror's role in its execution.

e. Any references for projects or efforts should include the customer's telephone number and include contract numbers, contract amounts, a description of the work, the original contracted performance period, the final performance period (explain any schedule extensions, if applicable), the percentage of work done by the offeror, and the percentage of work, if any, for which the offeror was used as a subcontractor.

f. Specific experience and qualifications of personnel proposed for assignment to the project and their record of working together as a team.

Factor II – Past Performance

a. Past performance information will be obtained from references provided by the offeror and from other sources known to the Government or learned during the course of the evaluation.

b. Each offeror will be evaluated on its performance for similar projects. The government will focus on information that demonstrates the quality of performance relative to the size and complexity of the procurement.

c. In the case of an offeror without a record of relevant past performance or for whom information on past performance is unavailable or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance.

d. Offerors shall provide completed Past Performance Surveys of at least one (1) and not more than three (3) recent (within the past five (5) years) and relevant references. Relevant means similar in size, scope, magnitude of effort, and complexity to this requirement. The Contracting Officer will evaluate past performance and may contact sources provided in the survey as necessary.

Factor III – Price (Price proposal shall be a separate file (clearly separated from the technical and past performance volumes.)

In evaluating the offeror's quoted price, the offeror's total price will be used to determine price fair and reasonableness. Price fair and reasonableness may also be evaluated upon any or all of the following:

a. It is reasonable based on competitive quotes.

b. It is reasonable based on the Contracting Officer’s personal knowledge of the item being purchased.

c. Any other reasonable basis

IV. Basis of Award

The government will utilize FAR 13.106-2(b)(3) comparative evaluation procedures to compare submitted quotes one to another in response to this solicitation to determine the vendor that represents the best value on the basis of Specialized Experience and capability, past performance, and price. Quotes shall meet RFQ requirements in accordance with the evaluation factors. The Government reserves the right to award to other than the lowest price or the most technically superior offeror. The government reserves the right to communicate with only that vendor to address any remaining issues.

This procurement will be a single award on a best-value basis resulting from this solicitation to the responsible offeror. The following three (3) factors have been identified and shall be utilized in the evaluation of offers and the determination for award.

1. Factor I - Specialized Experience and Capability

2. Factor II – Past Performance

3. Factor III- Price

FAR

Number

Title Date

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

SEP 2023

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have 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 following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

36C24824Q0071

Table of Contents

A.1 PRICE/COST SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEC 2022)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

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

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 26

C.5 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

C.6 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

(APR 1984)

C.7 52.236-8 OTHER CONTRACTS (APR 1984)

C.8 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)

ALTERNATE I (APR 2019)

C.9 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

C.10 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.11 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

C.12 52.236-12 CLEANING UP (APR 1984)

C.13 52.236-13 ACCIDENT PREVENTION (NOV 1991) ALTERNATE I (NOV 1991) 30

C.14 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

C.15 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB

1995)

C.16 52.237-5 PAYMENT BY CONTRACTOR TO GOVERNMENT (APR 1984)

C.17 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.2 52.237-4 PAYMENT BY GOVERNMENT TO CONTRACTOR (APR 1984)

ALTERNATE I (APR 1984)

E.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION C - CONTRACT CLAUSES

FAR

Number

Title Date

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

SEP 2023

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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 Federal Acquisition Regulation (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 FAR 32.608-2 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.

4701 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. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have 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 following clauses are incorporated into 52.212-4 as an addendum to this contract:

(End of Addendum to 52.212-4)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[X] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[X] (9) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[X] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

[] (11) [Reserved]

[] (12) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C.

657a).

[X] (13) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (14) [Reserved]

[] (15)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (17) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)).

[] (18)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2023) of 52.219–9.

[] (19)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[X] (20) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[] (22) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

[X] (23) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2023) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (24) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (25) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (27) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[X] (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[] (29) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O.

13126).

[X] (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (31)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (32)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JUL 2014) of 52.222-35.

[X] (33)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

[] (ii) Alternate I (JUL 2014) of 52.222-36.

[X] (34) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (36)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (37) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (38)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (41)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (42)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[X] (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.

8259b).

[] (44)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (45) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

[] (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (47) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (48)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (49)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225–1.

[] (50)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I [Reserved].

[] (iii) Alternate II (DEC 2022) of 52.225-3.

[] (iv) Alternate III (JAN 2021) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (51) 52.225–5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (53) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[] (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.

5150).

[] (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[X] (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(OCT 2018) (31 U.S.C. 3332).

[] (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

[] (64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (APR 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

Employee Class Monetary Wage-Fringe Benefits Engineering Technician VI $35.39

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[X] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial…