36C78624Q0003 - National Cemetery Administration - Tahoma National Cemetery - Grave Liners.docx

36C78624Q0003

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.

UEI:

EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

9194-000018

02-09-2024 Lewallen, Stacey

02-23-2024 3pm

CST

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172 x

327390 500 Employees

N/A X

National Cemetery Administration Tahoma National Cemetery

18600 SE 240th St Kent WA 98042 36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

1-877-752-0900

See CONTINUATION Page

Description of Requirement:

Concrete grave liners delivered and installed per

Statement of Work needs and sizes.

This requirement is a small business set aside.

Wage Determination 2015-5535, Rev 21, 12/26/2023, applies.

Offeror shall be registered and active in System for Award Management (SAM) at SAM.gov at the time of award.

Awardee is required to report annually to SAM.gov

There will be two obligation numbers issued. One for graveliners ordered and the other for delivery/installation.

POC for this RFQ is Stacey.Lewallen@va.gov

See CONTINUATION Page

X

Stacey Lewallen Contracting Officer

Table of Contents

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 36C786 Stacey Lewallen Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172

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

3. INVOICES: Invoices shall be submitted in arrears:

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.

Dept of Veterans Affairs - FSC PO Box 149971, Austin, TX 78714

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

DIGNITY CLAUSE

Respect for Headstones and Markers in National Cemeteries, Handling of Markers and Headstones

1. Every action by contractor personnel at a national cemetery must be performed with the special care, reverence, dignity, and respect that acknowledges the cemetery as the final resting place that commemorates the service and sacrifice that service members, Veterans and their families made for our Nation. Critically important is the awareness required of the Contractor employees of the remains buried in the grounds where the work is performed. The utmost care must be given to these remains and the headstones and flat grave markers that mark those gravesites and memorialize the service of individuals.

a. Contractors cannot walk, stand, lean, sit or jump on headstones or markers. Nor can they drive over them.

b. No tools, equipment or other items will be placed or leaned on headstones or markers.

c. Use care not to scratch or damage markers in any manner.

d. Contractor shall be responsible for replacing damaged headstones and markers and for restoring turf damaged during performance of this work.

e. Additionally, should any activity result in the exposure and/or damage to any remains, container for remains (e.g., casket or urn), or outer burial container, the contractor must contact the COR, Director/Assistant Director, or Contracting Officer (CO) for guidance.

2. Any doubts as to proper procedures shall be brought to the attention of the COR, Director/Assistant Director, or CO for guidance or resolution.

3. The contractor is required to discuss the guidance with employees and/or subcontractors and have each employee sign a statement of compliance and deliver the signed statement to the COR before work may begin.

B.2 DEPARTMENT OF VETERANS AFFAIRS – NATIONAL CEMETERY ADMINISTRATION – GRAVE LINERS TO INCLUDE LABOR, MATERIALS, AND TRANSPORTATION – TAHOMA NATIONAL CEMETERY – KENT, WASHINGTON

1. SCOPE OF WORK

The contractor shall provide all labor, materials, and the transportation necessary to furnish and install Type I - Concrete Vaults, Style 1 - Box with Separate Lid at the Tahoma National Cemetery, 18600 SE 240th Street Kent, Washington 98042 1700-3, in accordance with the requirements of Commercial Item Description (CID), No. A-A-30194, dated July 26, 1993.

2. ESTIMATED DAILY VOLUME

2.1 The contractor will be required to deliver, unload, prepare for occupancy with a casket, install lid, load on truck or cart, transport, and place in designated gravesite an estimated average of twenty-four (24) units per year, with as many as two (2) on any single day.

2.2 The Department of Veterans Affairs has determined that National Cemeteries cannot be closed more than two consecutive days. If a casket burial is scheduled by the cemetery on a weekend or holiday, the contractor will be required to provide a liner and installation services as otherwise required under this contract.

a. Based on historical precedent, weekend or holiday casket interments are estimated at six (6) per calendar year.

b. If additional charges are required by the contractor for weekend or holiday services, they will be negotiated and if agreed upon, added and billed as a separate additional line item.

c. The eleven holidays observed by the Federal Government are as follows: New Year's Day, Martin Luther King's Birthday, President's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, or any other day specifically declared by the President of the United States to be a National Holiday. When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S Government Agencies.

3. DELIVERY ORDERS

3.1 Orders for Grave Liners and installation services will normally be faxed or emailed by Tahoma National Cemetery (TNC) to the contractor NLT 4:00 p.m. of the business day prior to requested delivery with the exclusion of Mondays, due to the possibility that interments were scheduled over the weekend. In those cases, the contractor will not be notified until approximately 8:30 am, on Monday morning, the day of interment.

4. DELIVERIES

4.1 All deliveries of products and services under this contract will be made to the following address:

Tahoma National Cemetery 18600 SE 240th Street Kent, Washington 98042

5. INSTALLATION

a. Grave liners will be visually spotted and placed in accordance with gravesite alignment.

b. All liners and vaults will be installed in gravesites by means of level lowering procedures and with a minimum of swing from side to side.

6. GENERAL

7. DAMAGE

8. DAMAGED/REJECTED LINERS & LIDS

All damaged or rejected grave liners & lids shall be removed, without exception, from the cemetery grounds within 15 calendar days of the date they are identified.

9. GRAVE LINER SPECIFICATIONS

9.1 This specification states physical requirements and test methods for performance pertinent to the structure, design, workmanship, and other significant aspects of concrete grave liners to be furnished and installed at Tahoma National cemetery.

a. A few different materials and methods of manufacturing grave liners may be used to meet the structural and performance requirements.

b. materials and methods used in the manufacturing process have different properties which will affect the end performance and suitability of the product in its intended use.

c. this specification includes various requirements designed to identify these individual characteristics.

9.2 Grave liners shall be a one-piece box with a separate lid.

10. REQUIREMENTS

10.1 Grave Liners will be provided in five sizes. The external dimensions given below are nominal for the standard sizes. Small variances are permitted in the use of standard commercial products providing their size permits the use of commercially available caskets.

a. Small Junior Liner – 50 inches long by 26 inches wide by 22 inches depth.

b. Medium Standard Liner – 90 inches long by 34 inches wide by 30 inches depth.

c. Large #34 Oversize Liner – 94 inches long by 38 inches wide by 30 inches depth.

d. XXL #40 Oversize – 97-1/2 inches long by 44 inches wide by 37 inches depth.

e. Number 3 Monarch XXXL – 99-1/2 inches long by 54-1/2 inches wide by 44 inches depth.

a. will be constructed from reinforced, commercial quality Portland cement,

b. concrete products will have been cured under standard conditions for a minimum of fourteen (14) calendar days prior to delivery,

c. will be designed for a maximum burial depth of nine (9) feet (as measured from the gravesite surface to the bottom of the liner) with minimum soil cover of eighteen (18) inches,

d. will be capable of structurally withstanding passage overhead of an axle load of 5 metric tons (11,000 pounds) after burial,

e. will have a minimum compressive strength of 4,500 pounds per square inch (PSI),

f. will have industry standard integrated hooks, loops and/or indents on the liner box corners to provide for ease of installation using appropriately rated cable hooks and/or slings.

11. QUALITY CONTROL AND ASSURANCE PROVISIONS

a. size/dimensions not as specified.

b. materials not as specified.

c. weight not as specified.

d. production date not legibly inscribed or recorded.

e. devices or means not installed to permit proper handling.

f. knockout/drainage holes not provided.

g. surface displays irregularities such as spalling, holes, cracks, large voids, or other evidence of poor quality.

11.5 Functional Test. Upon request, a functional load test will be made under the direction of the Contracting Officer or his representative, to ensure that the furnished grave liner will be capable of supporting the load weights specified. All such tests will be at the contractor’s expense. The functional test will consist of both of the following loading conditions:

a. Unconfined Loading. The liner will be placed on a flat surface with no support against the sides. The entire top of the liner, with lid in place, will them be subjected to a simulated uniform load of 260 pounds per square foot. Upon loading, the unit will demonstrate no more than 1/2 inch of vertical deflection, and, upon removal of the applied force, sustain no more than 1/4 inch of residual deflection.

b. Confined Loading. The liner shall be placed on a flat surface (either above or below ground) and covered with a granular soil material. The soil will be compacted thoroughly around and on top of the liner to a thickness of 18 inches. A wheeled tractor or truck with an axle load of 11,000 pounds will then be passed over the covered liner a minimum of twenty (20) times. When uncovered, the liner must not display any evidence of material overstress or cracking.

12. PREPARATION FOR DELIVERY

13. SAFETY AND OTHER REQUIREMENTS

All clothing and equipment under this provision will be provided by the contractor. Contractor's equipment, personal protective equipment, and operating procedures must meet all OSHA and DOT requirements.

14. CONTRACTOR AND EMPLOYEE CONDUCT

15. METRIC PRODUCTS

16. APPLICABLE DOCUMENTS

Standard commercial products are described in this specification.

17. NOTES

a. title, number and date of the solicitation or contract.

b. Inside and outside dimensions of all liners

c. design documentation (see paragraph 10 and 11)

d. if a production sample is required (see paragraph 12.2)

e. certificate of compliance and analysis (see paragraph 12.3)

f. functional load test is required for new models or products (see paragraph 12.5)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Product Number: CLIN 0001 Junior Rough Box GL-5 Contract Period: Base POP Begin: 04-01-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 327390 - Other Concrete Product Manufacturing PRODUCT/SERVICE CODE: 9930 - Memorials; Cemeterial and Mortuary Equipment and Supplies

Product Number: CLIN 0002 Standard Rough Box GL-2 Contract Period: Base POP Begin: 04-01-2024 POP End: 03-31-2025

Product Number: CLIN 0003 #34 XL Oversized Rough Box GL-7 Contract Period: Base

Product Number: CLIN 0004 #40 XXL Oversized Rough Box GL-8 Contract Period: Base

Product Number: CLIN 0005 #3 Monarch Oversized Rough Box XXXL Contract Period: Base

Product Number: CLIN 0006 Weekend or Holiday Per SOW - 2.2 (b) - as authorized by cemetery Contract Period: Base

Product Number: CLIN 0007 Delivery/Installation Contract Period: Base

Product Number: CLIN 1001

Contract Period: Option 1 POP Begin: 04-01-2025 POP End: 03-31-2026

Product Number: CLIN 1002

Contract Period: Option 1

Product Number: CLIN 1003

Contract Period: Option 1

Product Number: CLIN 1004

Contract Period: Option 1

Product Number: CLIN 1005

Contract Period: Option 1

4.00

Product Number: CLIN 1006

Per SOW - 2.2 (b) - as authorized by cemetery Contract Period: Option 1

Product Number: CLIN 1007

Contract Period: Option 1

Product Number: CLIN 2001

Contract Period: Option 2 POP Begin: 04-01-2026 POP End: 03-31-2027

Product Number: CLIN 2002

Contract Period: Option 2

Product Number: CLIN 2003

Contract Period: Option 2

Product Number: CLIN 2004

Contract Period: Option 2

Product Number: CLIN 2005

Contract Period: Option 2

Product Number: CLIN 2006

Per SOW - 2.2 (b) - as authorized by cemetery Contract Period: Option 2

Product Number: CLIN 2007

Contract Period: Option 2

Product Number: CLIN 3001

Contract Period: Option 3 POP Begin: 04-01-2027 POP End: 03-31-2028

Product Number: CLIN 3002

Contract Period: Option 3

Product Number: CLIN 3003

Contract Period: Option 3

Product Number: CLIN 3004

Contract Period: Option 3

Product Number: CLIN 3005

Contract Period: Option 3

Product Number: CLIN 3006

Per SOW - 2.2 (b) - as authorized by cemetery Contract Period: Option 3

Product Number: CLIN 3007

Contract Period: Option 3

Product Number: CLIN 4001

Contract Period: Option 4 POP Begin: 04-01-2028 POP End: 03-31-2029

Product Number: CLIN 4002

Contract Period: Option 4

Product Number: CLIN 4003

Contract Period: Option 4

Product Number: CLIN 4004

Contract Period: Option 4

Product Number: CLIN 4005

Contract Period: Option 4

Product Number: CLIN 4006

Per SOW - 2.2 (b) - as authorized by cemetery Contract Period: Option 4

Product Number: CLIN 4007

Contract Period: Option 4

Contract Guarantee Minimum/Maximum Aggregate Value The guaranteed minimum amount for the life of the contract is $100.00.

The maximum aggregate value of the contract, inclusive of the Five One-Year ordering periods, shall not exceed $50,000.

The Government does not guarantee that it will place any orders under this contract more than the guaranteed minimum amount.

B.4 DELIVERY SCHEDULE

Tahoma National Cemetery 18600 SEW 240th St Kent, WA 78042

USA

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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; 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…