Sol_70FBR918Q00000216.pdf

U.S. Department of Homeland Security

FEMA Region IX

1111 Broadway, Suite 1200

Oakland, CA 94607-4052

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

GENERAL INFORMATION

Document Type: Combined Synopsis/Solicitation

Solicitation Number: 70FBR9Q00000216

Posted Date: Wednesday, June 13, 2018

Deadline for Questions: Wednesday, June 20, 2018, 2017 12:00 PM (Noon) Pacific

Quote Due Date: Wednesday, June 27, 2018 at 12:00 PM (Noon) Pacific

Classification Code: N060 Installation of Equipment – Fiber Optics Materials, Components, Assemblies, and

Accessories

Set-Asides: TOTAL SMALL BUSINESS SET-ASIDE

NAICS Code: 238210 – Electrical Contractors and Other Wiring Installation Contractors

Size Standard: $15.0 M

Contracting Office Address

FEMA Region IX: 1111 Broadway, Suite 1200 Oakland, CA 94607

TABLE OF CONTENTS

Description……………………………………………………………………………………………………3

Place of Performance………………………………………………………………………………………...3

Period of Performance……………………………………………………………………………………….3

Instructions for Response……………………………………………………………………………………4

Evaluation Criteria and Basis for Award……………………………………………………………………7

Requirements Documentation………………………………………………………………………………9

Solicitation Provisions and Contract Clauses

Floorplan Drawings……………………………………………………………………………….Attachments

Description

This is a combined synopsis/solicitation for commercial services prepared in accordance with Federal

Acquisition Regulation (FAR) Part 12.6, "Streamlined Procedures for Evaluation and Solicitation for

Commercial Items," FAR 13, "Simplified Acquisition Procedures”, and FAR 15 “Contracting by Negotiation” as supplemented with addition information included in this notice. This announcement constitutes the only solicitation with quotes are being requested.

This solicitation is a request for proposal (RFP). This RFP provisions and clauses are those in effect through

Federal Acquisition Circular (FAC) 2005-95 dated January 13, 2107.

This requirement is for Workstation and Office Cabling to install new data and voice cabling for new cubicles and offices located at the Federal Emergency Management Agency (FEMA) Region IX offices in

Oakland, CA.

All interested companies shall provide responses for the required services as described in Requirements

Document (pg 9) and Pricing Worksheet. Period of performance will be for one calendar year from date of award.

Place of Performance

1111 Broadway Suite 1200 Oakland, CA 94607

Period of Performance

Base (Estimated) July 9, 2018 – July 8, 2018

Instructions for Responses

Prior to submission of quotes, vendors are expected reach a reasonable understanding of the requirements. If such a review establishes the need for correction or clarification of the RFQ the information should be brought to the attention of the contracting officer immediately to be corrected. All questions regarding this

RFQ must be submitted electronically to the contracting officer at: andrea.brunsman@fema.dhs.gov . All questions are due (via email ONLY) no later than Wednesday, June 20, 2018 at 12:00 PM (noon)

Pacific.

FEMA will only accept responses submitted via the email. Technical and Price volumes shall be submitted in two separate documents. There shall be no pricing information contained within the Technical volume.

Submissions are due NO LATER THAN Wednesday, June 27, 2018 at 12:00 PM Pacific.

Volume I: Technical Response

Technical Response – the content of the Technical Proposal must not exceed 10 single space pages using

Times New Roman font size 10. Each “page” is one sheet, 8 ½” x 11”, with at least one inch margins on all sides. Pages shall be consecutively numbered. Page numbers, notation of proprietary information, and any other identifying information printed on each page are excluded from the margin requirements. Foldout pages will not be accepted. The Government will not review any content exceeding the 10-page limitation. The

Technical Proposal must not contain cost/price information. Neither the Cover Page, nor the Table of

Contents count against the 20-page limitation.

The Offeror’s Technical Proposal shall contain a Cover Page and Table of Contents, which must include the following:

Title of the proposal

Proposal category (Technical or Price)

Volume number

RFP number

Name and address of Offeror

DUNS number

NAICS

CAGE Code

1. Technical Approach

a. Demonstrate clear understanding of the Statement of Objectives and the adequacy, quality, and estimated time of the proposed method in meeting the requirements.

b. Demonstrate technical expertise of successfully being able to complete a relocation and installation project of similar scope and magnitude.

c. The response should address each proposed component in sufficient detail to demonstrate a clear understanding of the required equipment and overall work

2. Corporate Experience

The Government will evaluate the corporate experience of the Offeror to determine if the three (3) projects are similar in size, scope and complexity performed to the immediate requirement and were performed within the last five (5) years. Corporate experience shall clearly demonstrate the similarity between the past project and the FEMA requirement. If corporate experience examples do not demonstrate similarity they will not be favorably rated. Examples shall include

a. Contract Number

b. Project Title mailto:andrea.brunsman@fema.dhs.gov

c. Value

d. Period of Performance

e. Reference Point of Contract - including Name, Title, Phone, and Email

f. Description of requirement including timeline of requirement and resolution of requirement.

Volume II – Price Quote o The offeror shall submit the FFP for each workstation and office per the provided template.

o Demolition of cabling shall be included in the per workstation (or office) price.

Pricing Instructions:

Offerors shall include a price proposal in response to the requirements document that includes the pricing for their suggested solution of “right-sized” MFDs in FEMA Region IX. The format shall be substantially similar to:

CLIN Number of Units Price per Unit Total

0001 – Demolition of

Cabling

Job

0002 - Cabling for 24

Workstations per the

Statement of Objectives

24 Workstations

0003 - Cabling for 11

Offices per the Statement of Objectives

11 Offices

0004 - Optional additional Workstations.

Priced per workstation.

Any number between 1 and 20 workstations can be exercised at one time.

No more than 20 total workstations will be added.

20 Workstations

0005 - Optional additional Offices.

Priced per office. Any number between 1 and 5 offices can be exercised at one time. No more than 5 total offices will be added.

5 Offices

TOTAL

Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

Evaluation Criteria and Basis for Award

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:

The acquisition and source selection are being conducted in accordance with the procedures of Federal

Acquisition Regulation (FAR) Parts 12, 13, and 15. The acquisition will be on a best value bases, where all evaluation factors (technical approach and corporate experience) other than cost or price, when combined, are significantly more important than cost or price.

1. Technical Approach:

Demonstrate clear understanding of the Statement of Objectives and the adequacy, quality, and estimated time of the proposed method in meeting the requirements. Demonstrate technical expertise of successfully being able to complete a relocation and installation project of similar scope and magnitude. The response should address each proposed component in sufficient detail to demonstrate a clear understanding of the required equipment and overall work

2. Corporate Experience:

The Government will evaluate the corporate experience of the Offeror to determine if the three (3) projects are similar in size, scope and complexity performed to the immediate requirement and were performed within the last five (5) years. Corporate experience shall clearly demonstrate the similarity between the past project and the FEMA requirement. If corporate experience examples do not demonstrate similarity they will not be favorably rated.

RATINGS: The Offeror’s Technical Proposal will be rated using the following Adjectival ratings:

Technical Factors:

1. Technical Approach

2. Corporate Experience

Rating Description

Superior Proposal demonstrates an excellent understanding of the requirements and an approach that significantly exceeds performance or capability standards. Proposal has significant strengths that will significantly benefit the Government and risk of unsuccessful performance is very low.

Good Proposal demonstrates a good understanding of the requirements and an approach that exceeds performance or capability standards.

Proposal has one or more strengths that will benefit that

Government and risk of unsuccessful performance is low.

Satisfactory Proposal demonstrates an understanding of the requirements and an approach that meets performance or capability standards. Proposal presents an acceptable solution with no strengths and risk of unsuccessful performance is moderate.

Marginal Proposal demonstrates a shallow understanding of the requirements and an approach that only marginally meets performance or capability standards necessary for minimal but acceptable contract performance. The risk of unsuccessful performance is high.

Unsatisfactory Proposal fails to meet requirements and one or more deficiencies exist for which correction would require a major revision or redirection of the proposal. A contract cannot be awarded with this proposal.

Price Factor:

a. The Contractor shall provide pricing per the requirement and the pricing template provided.

b. Firm Fixed price for demolition of current cabling.

c. Firm Fixed price amount by workstation and office.

d. Firm Fixed price per unit for optional quantities.

All evaluation factors (technical approach, transition planning, and past performance) other than cost or price, when combined, are significantly more important than cost or price.

Requirements Documentation

STATEMENT OF OBJECTIVES

Date: 06/01/2018

Title of Project: Region IX Mission Support Division Office Area (12th Floor) New Workstation

Cabling

1. Background

FEMA Region IX is going through an extensive redesign of the available workspace in the 1111 Broadway, Suite 1200 location. This includes the construction of several new offices, redesign of conference rooms, and additional cubicle workstation installation.

The contractor shall provide all resources necessary to install existing and new data & voice cabling for the

12th Floor’s new workstations at the Region IX Office located at 1111 Broadway, Suite 1200, Oakland, California, 94607.

2. Performance Period

The contractor shall complete the work required under this SOW in no more than 365 calendar days from date of award. Installation of cabling shall be completed within 5 business days after instructed to begin.

Any on-site work shall be performed during regular business hours, Monday through Friday, 8am to 4pm.

Any work performed outside the regular business hours shall be approved by the CO and coordinated with the on-site point of contact. Delivery of items may occur after hours immediately prior to the installation beginning. Impacts to the Regional Office from this work shall be minimized and mitigated by the contractor in a way that limits disruption to the functioning of the facility at no additional cost to the government.

4. Scope of Work

Contractor is replacing old CAT 5 cabling. Install Universal Network Cat6 Data and CAT 6 Voice Cabling into a minimum of 24 new workstations and 11 offices and terminate at the 12th floor IT data room. Each station/office will receive one Cat6 Data and one Cat 6 Voice cable. Optional quantities for 20 additional workstations and 5 additional offices for a total of 44 workstations and 16 offices. Contractor shall be responsible for removing and disposing of old CAT 5 cabling previously located in demoed cubicles and offices getting upgraded cabling.

1. New Cabling

a. Contractor shall provide and run cabling pairs for a minimum of 24 workstations and 11 offices from origination to termination.

a. One cabling pair equals 1 x CAT 6 Data Cable & 1x CAT 6 Voice Cable.

b. CAT 6 Data Cable

i. The terminations shall be RJ45 Mod Heads directly to switch.

ii. Cabling shall originate from the 12th floor IT data room and terminated into the existing A & B switch rack with enough slack to be run to any port on either switch.

iii. Additionally, slack shall need to be sufficient enough to reach future planned

Patch Panels.

iv. Cabling shall terminate into new workstations with RJ45 connectors and wall plates.

c. CAT 6 Voice Cable

i. The terminations shall be dead hung.

ii. Cabling shall originate from the 12th floor IT data room and terminated at the existing A & B switch rack with enough slack to be run to any port on either switch.

iii. Additionally, slack shall need to be sufficient enough to reach future planned

Patch Panels.

iv. Cabling shall terminate into new workstations with RJ45 connectors and wall plates.

b. Tone and label each cable pair.

c. Use existing independent support system.

d. Optional quantity to include up to 20 additional workstations for a total of 44 workstations quoted at a per workstation option.

e. Optional quantity to include up to 5 additional offices/work rooms for a total of 16 offices/work rooms quoted at a per offices/work rooms option.

2. Current Data and Electrical

a. The configuration of workstations is designed and the final plan is provided.

b. Diagrams are provided that illustrate: (1) the cable point of entry for the workstations and the area where the workstations shall be and (2) the electrical and power locations.

c. The solution chosen for the furniture redesign, cable and power could come through the ceiling as well as the wall.

5. Cabling

1. The Category 6 portion of the cabling system shall comply with the link and channel performance requirements of ANSI/TIA/EIA 568-B.2-1 “Performance Specifications for 4-pair 100 Ohm Category 6

Cabling.”

2. All Network wiring shall be blue Cat VI and terminate on blue RJ45 jacks at the user end. The network end shall be on patch panels (Leviton as currently installed).

3. All Phone connections shall be on blue Cat VI and terminate on white RJ45 jacks at the user end. The network end shall terminate on 110 blocks via C4 connectors.

6. Termination of Cables

The Contractor shall terminate all conductors of all cables. They shall be labeled in a permanent legible fashion, in accordance with TIA/EIA 606-A standards.

7. Securing

1. The Contractor shall be responsible for securing all cabling in a way to satisfy any structural engineering requirements.

2. Tie wraps shall be used at approximately 24-inch intervals to secure cable in cable trays and to provide strain relief at termination points.

8. Protection

1. During installation, and prior to final acceptance, the Contractor shall protect finished and unfinished work against damage and loss. In the event of such damage or loss, the Contractor shall replace or repair such work at no additional cost to the government.

2. As cable is installed, care must be taken to avoid nicks, kinks or other damage to the cable. Cable is to be labeled at each end as specified by the government. Provide strain relief at each termination point and enough slack to easily re-terminate the cable, if required later.

9. Splicing

No splicing of any cables shall be performed unless otherwise pre-approved in writing by the government.

10. Testing

A. General Instructions

1. The Contractor shall thoroughly test all cables and connectors that they furnish and install. The government requires certification that all pairs were tested and found to be 100% reliable end-to-end (block-to-block and block-to-receptacle); bad pairs/punch-downs and/terminations shall not be used, but rather be corrected and/or replaced at no additional cost to the government. The Contractor shall present all testing plans to the government for approval prior to the start of testing. The Contractor shall provide all labor, test equipment, and tools necessary to verify proper operation prior to final acceptance by the government. The Contractor shall provide a spreadsheet detailing the testing and results of all cables.

2. Prior to any testing, the Contractor shall provide the government with a two (2) day minimum advance notice of the date testing is to begin. All test results shall be documented, and submitted to the government for review.

3. The Contractor shall repair or replace all cable, connectors, and equipment supplied by the contractor, which do not meet acceptance criteria.

4. Successful completion of all tests indicated below is required for acceptance.

B. Replacement

Any cable, connector, or wiring block, patch panel or other device furnished by the

Contractor which tests below manufacturer's standards shall be replaced at no additional cost. The replacement shall be re-tested to verify compliance.

C. Testing Procedures

1. The Contractor shall provide the necessary test equipment to conduct the tests.

2. Field tests may be required to be performed in the presence of the government and/or its duly authorized representatives. The contractor shall provide written documentation reporting test results.

11. Cable System Documentation

Documentation of all installed cable shall be provided in an electronic database.

12. Contractor Furnished Equipment (CFE)

1. The offeror shall furnish all necessary tools, equipment and materials required for performing all work associated with the completion of this requirement, which also includes testing and installation

2. All material and equipment identified to accomplish this contract shall be furnished by the offeror. The offeror shall purchase, ship, move, store, inventory, and handle installation material that is identified as CFE.

Excess materials and prescribed spares shall be turned over to the COR at the completion of the project.

Material turned over at the completion of the project shall be thoroughly documented including description, part numbers, and quantities.

13. Government Furnished Items and Systems

Utilities: The Government will provide use of electrical and water for the purpose of operating and cleaning equipment: The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning of equipment.

Domestic drains and storm drains on the job site shall not be used to dispose of gasoline, paint, thinners, solvents, concentrated cleaning agents, or other hazardous materials.

The government will be responsible for removing and disposing of old system furniture.

14. Local Codes, Licensing, and Permit Requirements

In the performance of this contract, the offeror agrees to abide by all laws, codes, rules and regulations set forth with regard to the equipment by municipal or State authorities having jurisdiction in effect on the date of this contract. The offeror shall be responsible for obtaining all local licenses and permits. This section applies to all tasks associated with this contract.

15. Cleaning/Safety

1. The Contractor shall clean up each work area at the end of each day. Remove all cartons, debris, etc. as the work progresses, and finally at completion of the work. Offerors are responsible for disposal of refuse generated in the performance of their duties. The offeror shall exercise reasonable effort to use equipment and practices that reduce impact upon the environment. Recyclable refuse (e.g., scrap wire, empty cans, plastic ware and shrink wrap, paper products, etc.) shall be collected by the offeror for recycling.

2. Just prior to inspection for substantial completion the Contractor shall perform all final cleaning and sealing of equipment required to bring the installation to optimum appearance.

Clean-up of work area shall be performed daily.

3. Offerors must present and conduct themselves in a professional manner, at all times, while in Region IX space.

4. Offeror must adhere to Occupational Safety and Health Administration (OSHA) safety regulations and precautions, while working inside and/or outside of Region IX space. Take standard precautions for electrical, trip and fall hazards. Wear appropriate safety equipment as required.

16. Security

In order to gain access to our facilities it requires a Government issued identification for all attempting to gain access. The Contractor shall ensure that all contractor personnel have the proper identification (Valid photo identification) in order to gain access to the facilities.

17. INSURANCE REQUIREMENTS FOR VENDORS

(1) Worker's Compensation Insurance as required by law in the state in which the Property is located, with a waiver of subrogation against Owner and Manager;

(2) Commercial General Liability Insurance in the minimum amount of Three Million Dollars

($3,000,000) for each occurrence and Three Million Dollars ($3,000,000) in the aggregate, as applicable, combined single limit, bodily injury and property damage;

(3) Employers' Liability insurance applicable to and covering all persons engaged in the performance of any work at the Property with limits of liability of not less than Three Million Dollars ($3,000,000,00) for each occurrence and in the aggregate; and

(4) Business Automobile Insurance in the minimum amount of Three Million Dollars ($3,000,000,00) for each occurrence and in the aggregate covering all automotive vehicle, whether owned or hired, which is used by a contractor or subcontractor preforming work at the Property,

(5) Additional Insured’s, Certificate holder information:

Broadway Franklin LLC;

CBRE, Inc.

1111 Broadway, Suite 120, Oakland, CA 94607

Clauses and Provisions

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

Number Title Date

52.215-1 Instructions to Offerors - Competitive Acquisition. (JAN 2017)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (OCT 2015)

(End of provision)

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/

Number Title Date

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

52.203-7 Anti-Kickback Procedures. (MAY 2014)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights. (APR 2014)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.232-1 Payments. (APR 1984)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.244-6 Subcontracts for Commercial Items. (JAN 2017)

3028.306 Insurance under fixed-price contracts

(End of clause)

IDENTIFICATION OF GOVERNMENT OFFICIALS

IDENTIFICATION OF GOVERNMENT OFFICIALS (AUG 2014)

http://farsite.hill.af.mil/ http://farsite.hill.af.mil/

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer:

Name: Andrea L. Brunsman

Email: andrea.brunsman@fema.dhs.gov

52.212-4 Contract Terms and Conditions - Commercial Items. (JAN 2017)

(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 Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

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

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

and

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by

Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award

Management), or applicable agency procedures.

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

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

1315.

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

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

(B) The Contractor fails to liquidate a debt previously demanded by the

Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

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

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

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

(A) The date fixed under this contract.

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

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

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

Contractor;

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

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

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

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

Government upon:

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the

Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the

Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the

Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the

Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work

Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government

Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard

Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) System for Award Management (SAM) (1) Unless exempted by an addendum to this contract, the

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

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

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer

(EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that

Contractor will be considered to be incorrect information within the meaning of the

"Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(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)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders -

Commercial Items. (JAN 2018)

(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 items:

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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 items:

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate

I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (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).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul

2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C.

657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

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

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 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 (Dec 2015) (15

U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (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.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

___ (38) (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.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and

13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (41) (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 (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug

2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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).

X (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign…