47PB0022Q0010 Propane Supply and Delivery Services for Vermont 2022 05 12.pdf

GSA Request for Quote No. 47PB0022Q0010

Document: R1 Commercial/AUG 2020 (The Solicitation) Page 1 of 79

Commercial Contract for: Propane Supply and Delivery Service for Federally Operated locations throughout Vermont

The Solicitation

General Services Administration

Public Buildings Service

Region 1

(The Solicitation) Page 2 of 79

General Guidance

The following information is to provide general guidance on areas that GSA believes may require clarification and is not intended to be a summary of the solicitation. The offeror is expected to utilize the guidance here in conjunction with having reviewed the entirety of the solicitation.

General Information

The resulting Contract will be a Time and Materials type contract, see FAR Clause 52.216-1.

However, the Offeror may submit multiple offers in in accordance with FAR 52.212-1(e) “Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with

FAR subpart 4.10)… Each offer submitted will be evaluated separately.” Offerors are allowed to submit multiple offerors, including a firm fixed price contract type offer, which would be considered alternative terms and conditions.

Under this time and materials contract type, the Offeror will only be proposing materials, which is the cost per gallon of each Propane type. The Government does not anticipate any “time” included in this contract, but the FAR only defines the contract-type as collectively “Time-and-Materials.” Offerors should note that for the commercial materials to be supplied, in accordance with 52.212-4 Alt. I, (i)(1)(ii)(A) “…the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price.” The Contractor’s established catalog or market price, the “materials”, shall be clearly identified in its offer. Per FAR 16.601(a), the following definitions for "Direct Materials” and

“Materials” is provided to further clarify the Government’s pricing requirement:

Materials means-

(1) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(2) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract ;

(3) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract , travel, computer usage charges, etc.); and

(4) Applicable indirect costs.

Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

The Government requests pricing for each gallon of Propane to be broken down into two subcomponents of “materials, which is “Index Rate” and a Margin Rate. Based on the subcomponents of “Materials”, the

Government intends for the Index Rate to consist of Direct Materials and Subcontracts, and for the

“Margin Rate” to consist of “Other Direct Costs”. and “Indirect Costs.”

These other direct costs and Applicable indirect costs will be the margin rate required as a cost per gallon of propane.

• FAR 52.212-4 Alt. I, (i)(1)(ii)(D) “Other Direct Costs” will be reimbursed “on the basis of actual cost for the following, provided such costs comply with the requirements in [FAR 52.212-4 Alt

1]: [Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert

"None" if no reimbursement for other direct costs will be provided].”

https://www.acquisition.gov/far/part-4#FAR_Subpart_4_10

(The Solicitation) Page 3 of 79

• “Indirect Costs” will be reimbursed “for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: [Insert a fixed amount for the indirect costs and payment schedule. Insert "$0" if no fixed price reimbursement for indirect costs will be provided].”

The above “fill-ins” will be completed at award by the Contracting Office with the information proposed in the accepted offer/payment schedule.

The following table may also help visualize the pricing components.

The Contractor should be aware that, in accordance with FAR 52.212-4 Alt. I (ii)(4)(iii), “The

Contracting Officer (or authorized representative) will have access to the following…For material and subcontract costs that are reimbursed on the basis of actual cost-(A) Any invoices or subcontract agreements substantiating material costs; and (B) Any documents supporting payment of those invoices.”

Please review the full text clause under Section CONTRACT CLAUSES for invoice instructions.

Materials (i.e., Catalog Price, Market Price, Cost of Propane per gallon)

Index Rate

Direct Materials

Subcontracts

Margin Rate

Other Direct Costs

Indirect Costs

Document: R1 Commercial/AUG 2020 General Guidance (The Solicitation) Page 4 of 79

Table of Contents

General Guidance General Information

STANDARD FORM (SF) 1449

CONTINUATION OF ANY BLOCK FROM SF 1449

1. Block 20 for schedule of supplies/services The Offeror’s proposed pricing schedule under the Solicitation Attachment 1 will be incorporated into the contract here

CONTRACT CLAUSES

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

SERVICES (NOV 2021) For Firm Fixed Price and FAR 52.212-4 Alternate I (NOV 2021) for Time and

Materials AND GSAR 552.212-4 Alternate II. CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FAR DEVIATION) (JAN 2022)

2. Addendum to FAR 52.212-4 — Other Required Clauses

2.1 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

2.2 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2020)

2.3 FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

3. Addendum to FAR 52.212-4 — Additional Clauses

3.1 Invoice Requirements

3.2 Authorized Representatives

4. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES AND EXECUTIVE

ORDERS—Commercial Items (JAN 2022)

CONTRACT DOCUMENTS, EXHIBITS, AND ATTACHMENTS

I. Contract Documents:

1. Performance Work Statement (PWS)

2. Building Specifications

II. Solicitation Attachments:

Attachment 1 Price Sheet

SOLICITATION PROVISIONS

1. FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (NOV 2021) ... 51

2. Addendum to FAR 52.212-1 — Other Required Provisions

2.1 Addendum to FAR 52.212-1 Instructions Commercial Items -

2.2 FAR 52.216-1 Type of Contract (Apr 84)

2.3 FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 98)

2.4 Addendum to FAR 52.212-1 — Discretionary use of FAR Provisions

3. Addendum to FAR 52.212-1 — Instructions to Offerors

3.1 Questions period:

3.2 Submission Requirements

4. Proposal Format

4.1 Volume I- Technical Proposal

4.2 Volume II Price Proposal

5. Evaluation—Commercial Items

5.1 FAR 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

6. FAR 52.212-3 Offeror Representation and Certifications—Commercial Items (NOV 2021)

Document: R1 Commercial/AUG 2020 STANDARD FORM (SF) 1449 (The Solicitation) Page 5 of 79

STANDARD FORM (SF) 1449

[Next page]

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

PAGE

GENERAL SERVICES ADMINISTRATION

OF

ITEM NO.

(a)

SUPPLIES OR SERVICES

(b)

QUANTITY

ORDERED

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Deliverable

PoP: 07/01/2022 - 06/30/2023

Contract Type: Time and Materials

LS

CANAAN, VT 05903-0000

Contract Type: Time and Materials

RD HIGHGATE SPRINGS, VT 05488

Highgate Springs - Propane

Deliverable

Canaan - Propane

1 __________

RD ALBURG SPRINGS, VT 05440-0000

PSC: 9140 -- FUEL OILS

Place of Performance: US BORDER STATION 387 VERMONT RTE 141

Place of Performance: US BORDER STATION 482 WELCOME CENTER

Canaan - Propane

Highgate Springs - Propane

Alburg Springs - Propane

LS

PSC: 9140 -- FUEL OILS

Place of Performance: US BORDER STATION 303 ALBURG SPRINGS

Deliverable

PoP: 07/01/2022 - 06/30/2023

PoP: 07/01/2022 - 06/30/2023

Deliverable

Alburg Springs - Propane

LS

East Richford - Propane

PoP: 07/01/2022 - 06/30/2023

Contract Type: Time and Materials

LS

05902-0000

Contract Type: Time and Materials

Place of Performance: STATE ROUTE 105 RICHFORD, VT 05476-0000

East Richford - Propane

Place of Performance: STATE ROUTE 102 BEECHER FALLS, VT

PSC: 9140 -- FUEL OILS

Contract Type: Time and Materials

LS

Beecher Falls - Propane

PSC: 9140 -- FUEL OILS

Beecher Falls - Propane

PoP: 07/01/2022 - 06/30/2023

Deliverable

PSC: 9140 -- FUEL OILS

OF

ITEM NO.

(a)

SUPPLIES OR SERVICES

(b)

QUANTITY

ORDERED

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Deliverable

PoP: 07/01/2022 - 06/30/2023

PoP: 07/01/2022 - 06/30/2023

LS

Contract Type: Time and Materials

03561-0000

SSA Littleton NH - Propane

Deliverable

Richford - Propane

1 __________

HIGHGATE SPRINGS, VT 05460-0000

Contract Type: Time and Materials

Place of Performance: STATE ROUTE 105 RICHFORD, VT 05476-0000

Place of Performance: SSA 177 MAIN STREET LITTLETON, NH

Richford - Propane

SSA Littleton NH - Propane

USDA / FDA Building at Highgate Springs - Propane/Diesel

LS

PSC: 9140 -- FUEL OILS

Place of Performance: USDA/FDA BLDG 525 WELCOME CENTER RD

PSC: 9140 -- FUEL OILS

PoP: 07/01/2022 - 06/30/2023

PoP: 07/01/2022 - 06/30/2023

Deliverable

USDA / FDA Building at Highgate Springs - Propane/Diesel

LS

Deliverable

PoP: 07/01/2022 - 06/30/2023

Contract Type: Time and Materials

SCHOOL STREET MONTPELIER, VT 05602-0000

Contract Type: Time and Materials

05457-0000

West Berkshire- Propane

Place of Performance: SOCIAL SECURITY ADMINISTRATION 11

PSC: 9140 -- FUEL OILS

Contract Type: Time and Materials

LS

Montpelier Social Security - Propane

PSC: 9140 -- FUEL OILS

Montpelier Social Security - Propane

Place of Performance: STATE ROUTE 118 WEST BERKSHIRE, VT

West Berkshire- Propane

Deliverable

LS

OF

ITEM NO.

(a)

SUPPLIES OR SERVICES

(b)

QUANTITY

ORDERED

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Deliverable

PoP: 07/01/2023 - 06/30/2024

Contract Type: Time and Materials

LS

CANAAN, VT 05903-0000

Contract Type: Time and Materials

RD HIGHGATE SPRINGS, VT 05488

Highgate Springs - Propane

Deliverable

Canaan - Propane

1 __________

RD ALBURG SPRINGS, VT 05440-0000

PSC: 9140 -- FUEL OILS

Place of Performance: US BORDER STATION 387 VERMONT RTE 141

Place of Performance: US BORDER STATION 482 WELCOME CENTER

Canaan - Propane

Highgate Springs - Propane

Alburg Springs - Propane

LS

PSC: 9140 -- FUEL OILS

Place of Performance: US BORDER STATION 303 ALBURG SPRINGS

Deliverable

PoP: 07/01/2023 - 06/30/2024

PoP: 07/01/2023 - 06/30/2024

Deliverable

Alburg Springs - Propane

LS

East Richford - Propane

PoP: 07/01/2023 - 06/30/2024

Contract Type: Time and Materials

LS

05902-0000

Contract Type: Time and Materials

Place of Performance: STATE ROUTE 105 RICHFORD, VT 05476-0000

East Richford - Propane

Place of Performance: STATE ROUTE 102 BEECHER FALLS, VT

PSC: 9140 -- FUEL OILS

Contract Type: Time and Materials

LS

Beecher Falls - Propane

PSC: 9140 -- FUEL OILS

Beecher Falls - Propane

PoP: 07/01/2023 - 06/30/2024

Deliverable

OF

ITEM NO.

(a)

SUPPLIES OR SERVICES

(b)

QUANTITY

ORDERED

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Deliverable

PoP: 07/01/2023 - 06/30/2024

PoP: 07/01/2023 - 06/30/2024

LS

Contract Type: Time and Materials

03561-0000

SSA Littleton NH - Propane

Deliverable

Richford - Propane

1 __________

HIGHGATE SPRINGS, VT 05460-0000

Contract Type: Time and Materials

Place of Performance: STATE ROUTE 105 RICHFORD, VT 05476-0000

Place of Performance: SSA 177 MAIN STREET LITTLETON, NH

Richford - Propane

SSA Littleton NH - Propane

USDA / FDA Building at Highgate Springs - Propane/Diesel

LS

PSC: 9140 -- FUEL OILS

Place of Performance: USDA/FDA BLDG 525 WELCOME CENTER RD

PSC: 9140 -- FUEL OILS

PoP: 07/01/2023 - 06/30/2024

PoP: 07/01/2023 - 06/30/2024

Deliverable

USDA / FDA Building at Highgate Springs - Propane/Diesel

LS

Deliverable

PoP: 07/01/2023 - 06/30/2024

Contract Type: Time and Materials

SCHOOL STREET MONTPELIER, VT 05602-0000

Contract Type: Time and Materials

05457-0000

West Berkshire- Propane

Place of Performance: SOCIAL SECURITY ADMINISTRATION 11

PSC: 9140 -- FUEL OILS

Contract Type: Time and Materials

LS

Montpelier Social Security - Propane

PSC: 9140 -- FUEL OILS

Montpelier Social Security - Propane

Place of Performance: STATE ROUTE 118 WEST BERKSHIRE, VT

West Berkshire- Propane

Deliverable

OF

ITEM NO.

(a)

SUPPLIES OR SERVICES

(b)

QUANTITY

ORDERED

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Deliverable

PoP: 07/01/2024 - 06/30/2025

Contract Type: Time and Materials

LS

CANAAN, VT 05903-0000

Contract Type: Time and Materials

RD HIGHGATE SPRINGS, VT 05488

Highgate Springs - Propane

Deliverable

Canaan - Propane

1 __________

RD ALBURG SPRINGS, VT 05440-0000

PSC: 9140 -- FUEL OILS

Place of Performance: US BORDER STATION 387 VERMONT RTE 141

Place of Performance: US BORDER STATION 482 WELCOME CENTER

Canaan - Propane

Highgate Springs - Propane

Alburg Springs - Propane

LS

PSC: 9140 -- FUEL OILS

Place of Performance: US BORDER STATION 303 ALBURG SPRINGS

Deliverable

PoP: 07/01/2024 - 06/30/2025

PoP: 07/01/2024 - 06/30/2025

Deliverable

Alburg Springs - Propane

LS

East Richford - Propane

PoP: 07/01/2024 - 06/30/2025

Contract Type: Time and Materials

LS

05902-0000

Contract Type: Time and Materials

Place of Performance: STATE ROUTE 105 RICHFORD, VT 05476-0000

East Richford - Propane

Place of Performance: STATE ROUTE 102 BEECHER FALLS, VT

PSC: 9140 -- FUEL OILS

Contract Type: Time and Materials

LS

Beecher Falls - Propane

PSC: 9140 -- FUEL OILS

Beecher Falls - Propane

PoP: 07/01/2024 - 06/30/2025

Deliverable

OF

ITEM NO.

(a)

SUPPLIES OR SERVICES

(b)

QUANTITY

ORDERED

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Deliverable

PoP: 07/01/2024 - 06/30/2025

PoP: 07/01/2024 - 06/30/2025

LS

Contract Type: Time and Materials

03561-0000

SSA Littleton NH - Propane

Deliverable

Richford - Propane

1 __________

HIGHGATE SPRINGS, VT 05460-0000

Contract Type: Time and Materials

Place of Performance: STATE ROUTE 105 RICHFORD, VT 05476-0000

Place of Performance: SSA 177 MAIN STREET LITTLETON, NH

Richford - Propane

SSA Littleton NH - Propane

USDA / FDA Building at Highgate Springs - Propane/Diesel

LS

PSC: 9140 -- FUEL OILS

Place of Performance: USDA/FDA BLDG 525 WELCOME CENTER RD

PSC: 9140 -- FUEL OILS

PoP: 07/01/2024 - 06/30/2025

PoP: 07/01/2024 - 06/30/2025

Deliverable

USDA / FDA Building at Highgate Springs - Propane/Diesel

LS

Deliverable

PoP: 07/01/2024 - 06/30/2025

Contract Type: Time and Materials

SCHOOL STREET MONTPELIER, VT 05602-0000

Contract Type: Time and Materials

05457-0000

West Berkshire- Propane

Place of Performance: SOCIAL SECURITY ADMINISTRATION 11

PSC: 9140 -- FUEL OILS

Contract Type: Time and Materials

LS

Montpelier Social Security - Propane

PSC: 9140 -- FUEL OILS

Montpelier Social Security - Propane

Place of Performance: STATE ROUTE 118 WEST BERKSHIRE, VT

West Berkshire- Propane

Deliverable

OF

ITEM NO.

(a)

SUPPLIES OR SERVICES

(b)

QUANTITY

ORDERED

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Deliverable

PoP: 07/01/2025 - 06/30/2026

Contract Type: Time and Materials

LS

CANAAN, VT 05903-0000

Contract Type: Time and Materials

RD HIGHGATE SPRINGS, VT 05488

Highgate Springs - Propane

Deliverable

Canaan - Propane

1 __________

RD ALBURG SPRINGS, VT 05440-0000

PSC: 9140 -- FUEL OILS

Place of Performance: US BORDER STATION 387 VERMONT RTE 141

Place of Performance: US BORDER STATION 482 WELCOME CENTER

Canaan - Propane

Highgate Springs - Propane

Alburg Springs - Propane

LS

PSC: 9140 -- FUEL OILS

Place of Performance: US BORDER STATION 303 ALBURG SPRINGS

Deliverable

PoP: 07/01/2025 - 06/30/2026

PoP: 07/01/2025 - 06/30/2026

Deliverable

Alburg Springs - Propane

LS

East Richford - Propane

PoP: 07/01/2025 - 06/30/2026

Contract Type: Time and Materials

LS

05902-0000

Contract Type: Time and Materials

Place of Performance: STATE ROUTE 105 RICHFORD, VT 05476-0000

East Richford - Propane

Place of Performance: STATE ROUTE 102 BEECHER FALLS, VT

PSC: 9140 -- FUEL OILS

Contract Type: Time and Materials

LS

Beecher Falls - Propane

PSC: 9140 -- FUEL OILS

Beecher Falls - Propane

PoP: 07/01/2025 - 06/30/2026

Deliverable

OF

ITEM NO.

(a)

SUPPLIES OR SERVICES

(b)

QUANTITY

ORDERED

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Deliverable

PoP: 07/01/2025 - 06/30/2026

PoP: 07/01/2025 - 06/30/2026

LS

Contract Type: Time and Materials

03561-0000

SSA Littleton NH - Propane

Deliverable

Richford - Propane

1 __________

HIGHGATE SPRINGS, VT 05460-0000

Contract Type: Time and Materials

Place of Performance: STATE ROUTE 105 RICHFORD, VT 05476-0000

Place of Performance: SSA 177 MAIN STREET LITTLETON, NH

Richford - Propane

SSA Littleton NH - Propane

USDA / FDA Building at Highgate Springs - Propane/Diesel

LS

PSC: 9140 -- FUEL OILS

Place of Performance: USDA/FDA BLDG 525 WELCOME CENTER RD

PSC: 9140 -- FUEL OILS

PoP: 07/01/2025 - 06/30/2026

PoP: 07/01/2025 - 06/30/2026

Deliverable

USDA / FDA Building at Highgate Springs - Propane/Diesel

LS

Deliverable

PoP: 07/01/2025 - 06/30/2026

Contract Type: Time and Materials

SCHOOL STREET MONTPELIER, VT 05602-0000

Contract Type: Time and Materials

05457-0000

West Berkshire- Propane

Place of Performance: SOCIAL SECURITY ADMINISTRATION 11

PSC: 9140 -- FUEL OILS

Contract Type: Time and Materials

LS

Montpelier Social Security - Propane

PSC: 9140 -- FUEL OILS

Montpelier Social Security - Propane

Place of Performance: STATE ROUTE 118 WEST BERKSHIRE, VT

West Berkshire- Propane

Deliverable

OF

ITEM NO.

(a)

SUPPLIES OR SERVICES

(b)

QUANTITY

ORDERED

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Deliverable

PoP: 07/01/2026 - 06/30/2027

Contract Type: Time and Materials

LS

CANAAN, VT 05903-0000

Contract Type: Time and Materials

RD HIGHGATE SPRINGS, VT 05488

Highgate Springs - Propane

Deliverable

Canaan - Propane

1 __________

RD ALBURG SPRINGS, VT 05440-0000

PSC: 9140 -- FUEL OILS

Place of Performance: US BORDER STATION 387 VERMONT RTE 141

Place of Performance: US BORDER STATION 482 WELCOME CENTER

Canaan - Propane

Highgate Springs - Propane

Alburg Springs - Propane

LS

PSC: 9140 -- FUEL OILS

Place of Performance: US BORDER STATION 303 ALBURG SPRINGS

Deliverable

PoP: 07/01/2026 - 06/30/2027

PoP: 07/01/2026 - 06/30/2027

Deliverable

Alburg Springs - Propane

LS

East Richford - Propane

PoP: 07/01/2026 - 06/30/2027

Contract Type: Time and Materials

LS

05902-0000

Contract Type: Time and Materials

Place of Performance: STATE ROUTE 105 RICHFORD, VT 05476-0000

East Richford - Propane

Place of Performance: STATE ROUTE 102 BEECHER FALLS, VT

PSC: 9140 -- FUEL OILS

Contract Type: Time and Materials

LS

Beecher Falls - Propane

PSC: 9140 -- FUEL OILS

Beecher Falls - Propane

PoP: 07/01/2026 - 06/30/2027

Deliverable

OF

ITEM NO.

(a)

SUPPLIES OR SERVICES

(b)

QUANTITY

ORDERED

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Deliverable

PoP: 07/01/2026 - 06/30/2027

PoP: 07/01/2026 - 06/30/2027

LS

Contract Type: Time and Materials

03561-0000

SSA Littleton NH - Propane

Deliverable

Richford - Propane

1 __________

HIGHGATE SPRINGS, VT 05460-0000

Contract Type: Time and Materials

Place of Performance: STATE ROUTE 105 RICHFORD, VT 05476-0000

Place of Performance: SSA 177 MAIN STREET LITTLETON, NH

Richford - Propane

SSA Littleton NH - Propane

USDA / FDA Building at Highgate Springs - Propane/Diesel

LS

PSC: 9140 -- FUEL OILS

Place of Performance: USDA/FDA BLDG 525 WELCOME CENTER RD

PSC: 9140 -- FUEL OILS

PoP: 07/01/2026 - 06/30/2027

PoP: 07/01/2026 - 06/30/2027

Deliverable

USDA / FDA Building at Highgate Springs - Propane/Diesel

LS

Deliverable

PoP: 07/01/2026 - 06/30/2027

Contract Type: Time and Materials

SCHOOL STREET MONTPELIER, VT 05602-0000

Contract Type: Time and Materials

05457-0000

West Berkshire- Propane

Place of Performance: SOCIAL SECURITY ADMINISTRATION 11

PSC: 9140 -- FUEL OILS

Contract Type: Time and Materials

LS

Montpelier Social Security - Propane

PSC: 9140 -- FUEL OILS

Montpelier Social Security - Propane

Place of Performance: STATE ROUTE 118 WEST BERKSHIRE, VT

West Berkshire- Propane

Deliverable

Document: R1 Commercial/AUG 2020 CONTINUATION OF ANY BLOCK FROM SF 1449 (The Solicitation) Page 22 of 79

CONTINUATION OF ANY BLOCK FROM SF 1449

1. Block 20 for schedule of supplies/services

The Offeror’s proposed pricing schedule under the Solicitation Attachment 1 will be incorporated into the contract here.

Document: R1 Commercial/AUG 2020 CONTRACT CLAUSES (The Solicitation) Page 23 of 79

CONTRACT CLAUSES

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

COMMERCIAL SERVICES (NOV 2021) For Firm Fixed Price and FAR 52.212-4 Alternate I

(NOV 2021) for Time and Materials

AND GSAR 552.212-4 Alternate II. CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (FAR DEVIATION) (JAN 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.

Alternate I

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The

Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.] https://www.acquisition.gov/far/part-52#FAR_52_212_4

(The Solicitation) Page 24 of 79

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price

(or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the

Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the

Contractor to remedy by correction or replacement, without cost to the Government, any failure by the

Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the

Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace

Government-furnished property shall be governed by the clause pertaining to Government property.

(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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1

(The Solicitation) Page 25 of 79

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

Alternate I

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

(i) "Direct materials" means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) "Materials" means-

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(E) Indirect costs specifically provided for in this clause.

(iv) "Subcontract" means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(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, https://www.acquisition.gov/far/part-52#FAR_52_202_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1 https://www.acquisition.gov/far/subpart-2.1#FAR_Subpart_2_1

(The Solicitation) Page 26 of 79 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.

(g)(2) The due date for making invoice payments by the designated payment office is the later of the following two events:

(i) The 10th day after the designated billing office receives a proper invoice from the

Contractor. If the designated billing office fails to annotate the invoice with the date of receipt at the time of receipt, the invoice payment due date shall be the 10th day after the date of the Contractor’s invoice;

https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34

(The Solicitation) Page 27 of 79 provided the Contractor submitted a proper invoice and no disagreement exists over quantity, quality, or

Contractor compliance with contract requirements.

(ii) The 10th day after Government acceptance of supplies delivered or services performed by the Contractor.

(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.

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(The Solicitation) Page 28 of 79

(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.

Alternate I http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-33#FAR_33_211 https://www.acquisition.gov/far/part-32#FAR_32_607_2 https://www.acquisition.gov/far/part-32#FAR_32_608_2

(The Solicitation) Page 29 of 79

(i) Payments.

(1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the

Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the

Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the-

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

https://www.acquisition.gov/far/2.101#FAR_2_101

(The Solicitation) Page 30 of 79

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the

Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall-

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause:[Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert

"None" if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert ‘None’."]

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The

Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price:[Insert a fixed amount for the indirect costs and payment schedule. Insert "$0" if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert

‘None’)."]

(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the

Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the

Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this

(The Solicitation) Page 31 of 79 contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the

Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting

Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-

(A) The original timecards (paper-based or electronic);

(B) The Contractor’s timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor’s payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the

Contractor shall-

(The Solicitation) Page 32 of 79

(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)(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, and then at the rate applicable for each six month period as established 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…