S160012RFQFinalHNFRoadMnts.pdf

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 784101 65

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

AG-0343-S-16-0012

DATE

03/10/2016

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION Jeanne Windle

Email: njwindle@fs.fed.us calls) 406-329-3756 LOCAL TIME

INFORMATION CALL: 03/29/16 4:00 p.m.

9. ISSUED BY CODE 10. THIS ACQUISITON IS UNRESTRICTED OR SET ASIDE: 100% FOR

USDA – Forest Service

Western Montana Acquisition Zone

24 Fort Missoula Road

Missoula, MT 50804

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONE SMALL SMALL BUSINESS PROGRAM

Mail To:

USDA – Forest Service

Helena-Lewis and Clark National Forest

BUSINESS

EDWOSB NAICS: 115310

SERVICE-DISABLED

2880 Skyway Drive

Helena, MT 59602

VETERAN-OWNED SIZE STANDARD: $7.5million

SMALL BUSINESS 8(A)

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

See Delivery Schedule

16. ADMINISTERED BY CODE

Helena-Lewis and Clark National Forest (Helena

Portion) 17a. CONTRACTOR/ CODE FACILITY

OFFEROR ADDRESS CODE

DUNS No: ___________________________________________

Tax Identification No.: __________________________________ Email Address: ________________________________________

18a. PAYMENT WILL BE MADE BY CODE

All invoices will be processed using the Department of

Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via

IPP.

TELEPHONE N0.

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

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Helena-Lewis and Clark National Forest (Helena

Portion) Road Maintenance on the Helena, Lincoln

& Townsend Ranger Districts

PLEASE PLACE YOUR QUOTE IN

SCHEDULE OF ITEMS, page(s) 3-5

FURNISHING QUOTATION: Complete Standard

Form 1449, Schedule of Items, Experience Questionnaire, and

Solicitation Provisions as your quote. Please return to the address shown in Block 9 – Helena-Lewis & Clark National

Forest (Helena Portion). Place “Solicitation

No. AG-0343-S-16-0012” on the envelope.

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN Three 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED http://www.ipp.gov/

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: ___________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 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

36. PAYMENT 37. CHECK NUMBER

PARTIAL FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Road Maintenance

Helena-Lewis & Clark National Forest (Helena Portion)

SERVICES AND PRICES

Schedule of Items Base Period: Date of Contract Award (estimated May 15, 2016) through May 14, 2017

Item

No.

Description Pay

Unit

Unit Price Amount

0001 Road Maintenance, Aggregate surface, blade, water, rolling.

Mile

0002 Road Maintenance, Native surface, blade and water

*Mobilization for Items 0001 and

0002 will be included in the Unit Price.

0003 **Reconditioning of rolling dips

Each

0003A ** Reconditioning of armored rolling dips

0004 **Reconditioning of water bars

0005 *Mobilization for Items 0003, 0003A and 0004

0006 Cleaning culvert catch basins for

18-24 inch diameter culverts

0007 Cleaning cattle guards for single deck, 10-14 foot wide structures

0008 Cleaning cattle guards for double deck, 16-24 foot wide structures

0009 **Mobilization for Items

0006,0007, 0008

0010 Road Side Brushing

0011 *Mobilization for Item 0010 Mile

0012 Equipment rental, Excavator Hour

0013 Equipment rental, Dump Truck Hour

0014 Equipment rental, Backhoe Hour

0015 *Mobilization for Items, 0012, 0013, 0014

Total of Amount of Items 0001 to 0015 $____________

Option Year One: May 15, 2017 through May 14, 2018

Item

No.

Description Pay

Unit

Unit Price Amount

1001 Road Maintenance, Aggregate surface, blade, water, rolling.

1002 Road Maintenance, Native surface, blade and water

*Mobilization for Items 1001 and

1002 will be included in the Unit Price.

1003 **Reconditioning of rolling dips

1003A ** Reconditioning of armored rolling dips

1004 **Reconditioning of water bars

1005 *Mobilization for Items 1003, 1003A and 1004

1006 Cleaning culvert catch basins for

18-24 inch diameter culverts

1007 Cleaning cattle guards for single deck, 10-14 foot wide structures

1008 Cleaning cattle guards for double deck, 16-24 foot wide structures

1009 *Mobilization for Items

1006,1007, 1008

1010 Road Side Brushing

1011 *Mobilization for Item 1010 Mile

1012 Equipment rental, Excavator Hour

1013 Equipment rental, Dump Truck Hour

1014 Equipment rental, Backhoe Hour

1015 *Mobilization for Items, 1012, 1013, 1014

Total of Amount of Items 1001 to 1015 $____________

Option Year Two: May 15, 2018 through May 14, 2019

Item

No.

Description Pay

Unit

Unit Price Amount

2001 Road Maintenance, Aggregate surface, blade, water, rolling.

2002 Road Maintenance, Native surface, blade and water

*Mobilization for Items 2001 and

2002 will be included in the Unit Price.

2003 **Reconditioning of rolling dips

2003A ** Reconditioning of armored rolling dips

2004 **Reconditioning of water bars

2005 *Mobilization for Items 2003, 2003A and 2004

2006 Cleaning culvert catch basins for

18-24 inch diameter culverts

2007 Cleaning cattle guards for single deck, 10-14 foot wide structures

2008 Cleaning cattle guards for double deck, 16-24 foot wide structures

2009 *Mobilization for Items

2006,2007, 2008

2010 Road Side Brushing

2011 *Mobilization for Item 2010 Mile

2012 Equipment rental, Excavator Hour

2013 Equipment rental, Dump Truck Hour

2014 Equipment rental, Backhoe Hour

2015 *Mobilization for Items, 2012, 2013, 2014

Total of Amount of Items 2001 to 2015 $____________

Grand Total of 0001 through 2015 $____________

Basis of Award The Government will award a contract resulting from this solicitation to the responsible Quoter whose quote 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: a copy of the Contractor’s Quality

Control Plan, past performance, Experience Questionnaire (includes biobased product utilization) and price. The Contractor shall submit a copy of the Contractor’s Quality Control Plan, Schedule of

Items with prices and Experience Questionnaire (includes biobased product utilization) as part of their quote. The Contractor’s Quality Control Plan, past performance, Experience Questionnaire (includes biobased product utilization) when combined are significantly more important than price. Award may be made to other than the lowest Quoter. The Quoter must quote on all items for the base and both option years.

Pricing shall be used as the basis for all subsequent Task Orders issued against the awarded contract.

Actual services provided will be paid at the unit prices offered and paid based on Actual Quantities (AQ).

* Mobilization pay items are defined under METHODS OF MEASUREMENT.

** Reconditioning of these structures does not include the maintenance or re-establishing existing structures which is considered incidental to the road maintenance bid items.

Authorized Ordering Activities

In addition to the Contracting Officer for the parent contract, the authorized officials shown below may issue Task Orders under this contract: any Contracting Officer/Purchasing Agent assigned to the USDA

Forest Service in Region One within the limits of their individual warrant authority.

Ordering Procedures

Order(s) may be issued by mail, facsimile, electronic commerce, or orally and confirmed in writing.

Task Orders will be considered as being “issued” at the time they are mailed, faxed, transmitted or verbally issued by the Contracting Officer. If more than one method is used to place the order, the date of the earliest provable method will be the date of issue. Orders placed will contain the following information: Task Order number and date, project items/location/description, other incidental work, performance period, and maps if applicable.

Scope of Contract

The work consists of road maintenance on the Helena portion of the Helena and Lewis and Clark

National Forest , with the office located in Helena, Montana. Work includes furnishing all labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to perform road maintenance on roads specified in Task Orders. All work and equipment shall be in compliance with the terms, specifications, and provisions of this contract. All equipment shall be in good operating condition and shall be operated by competent, experienced operators.

Location and Description

The work is located throughout the Ranger Districts of the Helena-Lewis and Clark National Forest

(Helena Portion). Information regarding the work will be provided with the Task Orders. Task Orders will include a list of potential roads for the project.

Biobased Product Utilization

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy

Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7

U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Examples of biobased products for maintenance projects:

Hydraulic Fluids Penetrating Lubricants Diesel Fuel Additives

Multi-purpose Lubricants Degreasers Lube Chain Lubricants

Glass Cleaners Chain Bar Lubricants All Purpose Cleaners

Biobased products that are designated for preferred procurement under USDA’s Biopreferred

Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the

Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

http://www.biopreferred.gov/

The Contractor shall submit with the initial quote a few biobased products, indicating the name of the manufacturer, approximate cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of this contract (see Experience Questionnaire to denote information, page 42).

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2).

Within thirty (30) days of contract award, the Contractor shall submit an Operation Plan. This submittal will be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data shall be submitted to the COR quarterly.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

Site Visit

No site visit is planned for this project. For further information regarding roads contact: Don Senn

(406-95-3742) for Helena-Lewis and Clark National Forest (Helena Portion).

Equipment Specifications

The equipment to be used for blading shall be a diesel, tandem drive motor patrol, of at least 125HP and a 14’ moldboard. The motor patrol shall be equipped with flashers or warning strobe light and a reflectorized “Slow Moving” vehicle emblem.

The water truck shall have a watertight tank of between 2000 and 4,500-gallon capacity, provide for uniform and controlled application of water without ponding or washing, and be able to maintain positive control of water from the driver’s position at all times.

Vibratory steel rollers shall have a minimum weight of 6 tons. The compactor shall be equipped with amplitude and frequency controls and specifically designed to compact the material on which it is used. Equipment shall be in good mechanical and operating condition and be operated by competent operators experienced in the work.

End Product Description

1. Road maintenance consists of reshaping and finish-blading the road bed, including shoulders, turnouts and approaches, to restore the original cross section and grade. Work includes restoring drainage provisions of the road and road appurtenances such as ditches, rolling drain dips, culvert basins, and inverts of culverts and other structures. Work also includes removing ruts, pot holes, washes, slough and other irregularities that prevent normal runoff from the road surface.

2. After maintenance the roadway:

-will have been bladed shoulder to shoulder

-will be free of berms on both sides of the road

-will be free of pot holes

-will be free of any washboard surface

-will be crowned 5-8% on ditched roads

-will be out-sloped 3-5% on non-ditched roads

-surfacing or road fines will not have been wasted

-culvert inverts will have been cleaned

-ditches will have been pulled to remove slough, rocks and debris; Excess materials will have been moved across the road and deposited away from streams and off the roadway. Excess material is not to be “heeled” into the cut slope unless specifically approved by the Contracting Officer on a case by case basis.

-adjoining lead-in/lead-out ditches will have been cleaned and functioning

-finished surface will be free of rock greater than 3 inches (native surface) and 2 inches(aggregate surface) in any dimension

-will have been dried or moisture added as required for mixing and compaction

3. Culvert catch basins that are filled with sediment and need cleaning will be identified and staked by the Engineer. Such catch basins will be restored to the original shape/dimensions and all removed material disposed across the roadway.

4. Cattle guard cleaning includes the removal of aprons, metal deck and digging the material to the bottom of the original foundation. Cleaning includes re-establishing the drain features if necessary so that water will drain away from the structure. Material will be to be disposed off the roadway. After cleaning, the structure including aprons, signs, deck and fence will be put back in the original position as directed by the Engineer. Cattle guard openings will not be left unattended without adequate barricades.

5. Reconditioning of rolling dips and/or water bars will be performed as shown in the attached drawings as staked by the engineer. Rearmored rolling dips require 4-6 inches of gravel or rock on the surface of the dip and includes the dip outlet. Rock/gravel can be road side borrow obtained from sources designated by the engineer.

6. Roadside brushing consists of removal and disposal of all vegetative material including, but not limited to, limbs, residual brush, live roadside brush, and small trees six inches or less in diameter

(measured at six inches above the ground) which interfere with the sight distance and drainage features along the roadway. Work also includes the removal of all logs and windfall within the specified clearing limits as shown in a typical section of the drawings. Clearing shall include turnouts and curves.

(a)-Clearing limits

This includes a horizontal distance of eight feet from the bottom of the ditch for those roads with ditches, eight feet horizontal distance from hinge for roads without a ditch, and horizontal distance of five feet from the shoulder of the fill side.

(b)-Logs and windfalls

(1) Logs and windfalls lying within or across the clearing limits shall be cut off at the top of the cut slope and moved to the lower side of the road beyond the clearing limits. Logs placed on the fill slope of the roads shall be outside the clearing limits and at least two feet below the shoulder elevation. The remaining portion of the log or wind fall that lies on the upper side of the road shall either be firmly anchored to prevent sliding inside the clearing limits or moved across the road as described above.

(2) Windfalls on the fill slope side within the clearing limit which extend above the road elevation shall be cut off at least two feet below the road elevation and disposed of as outlined above. Logs shall be placed, limbed or scattered so that limbs do not extend above the roadway elevations.

(c)-Brush and trees six inches or less in diameter

(1) All brush and trees with a stump diameter of six inches or less located inside the clearing limits (except on the road bed) shall be cut off no higher than six inches above the ground level as measured on the uphill side. Road bed clearing limit vegetation stump height shall not exceed two inches.

(2) All brush, slash, trees, etc., shall be cut off cleanly, with no material left partially cut, bent over, or matted down.

(3) No brush, slash, or other material shall be disposed of in creeks or streams, and shall not interfere with or obstruct drainage facilities.

(4) All slash having a diameter greater than two inches and a length greater than two feet, or a length greater than three feet regardless of diameter shall be disposed of by scattering outside the clearing limits so that no material extends above the roadway elevation.

(d)-Trees in excess of six inches in diameter

(1) Trees in excess of six inches in diameter, when measured six inches above the ground, shall be limbed so that no limb extends within a clear height of 14 feet directly above the traveled way.

(2) Debris shall not be allowed to accumulate in heavy concentrations, and should be distributed outside the clearing limits adjacent to the cutting areas.

(3) Piling. Will not be required under this contract.

(4) Chipping. When disposal of slash is by chipping, the chips shall be deposited on the fill slope and outside the cleaning limits, to a loose depth not to exceed six inches.

7. Equipment rental requirements are as follows.

Hydraulic Excavator. Provide a track mounted hydraulic excavator, 1990 model year or newer.

Bucket must be equipped with a hydraulic "thumb". It is anticipated that an excavator of a size capable of performing the excavation needs for the project, i.e. structure excavation, riprap construction, etc., will be of an adequate size to be acceptable for any work that the Contractor may be directed to perform under this section.

Dump Truck. Provide a dump truck with a minimum capacity of 12 cubic yards, 1990 model year or newer.

Contractor’s Quality Control Plan Contractor shall provide a Quality Control Plan that outlines a progress schedule and addresses all major points contained in the Quality Assurance Plan/Performance Standards in the Attachments.

Quality Assurance Plan/Performance Standards

See Quality Assurance Plan/Performance Standards (Attachments) for full understanding of all task required and acceptable quality levels in Section J.

CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions—Commercial Items. (MAY 2015)

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

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.

3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

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

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include— http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113304 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137572

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract 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.

https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153351 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358

(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 contract 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 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2033_2.html#wp1079912 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031290

(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.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031326

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

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

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

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws

Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) 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 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html#wp1084217 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.

FAR 52.212-4 Addendum to - Contract Terms (MAY 2015)

FAR 52.204-13 System for Award Management Maintenance (JUL 2013)

(a) Definitions. As used in this clause—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal contractors.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_8.html#wp1029202 https://www.acquisition.gov/

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number assigned by

D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer

(EFT) accounts (see the FAR at subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the

DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the

Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective

Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR Subpart 4.14; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

(b) The Contractor is responsible 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.

(c) (1) (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-http://acquisition.gov/far/current/html/Subpart%2032_11.html#wp1043964 http://acquisition.gov/far/current/html/Subpart%204_14.html#wp1075239 http://acquisition.gov/far/current/html/Subpart%204_14.html#wp1075239 name agreements in 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 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(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.

(2) 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 FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the

SAM. 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.

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States;

or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at http://www.acquisition.gov.

AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for

Corporate Applicants (FEB 2012) Alternate I (FEB 2012)

(a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated

Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it – http://acquisition.gov/far/current/html/Subpart%2042_12.