Solicitation_BidSchedule.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

NRCS-KY-125C16 CODE 16. ADMINISTERED BYCODE

X

X

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

1700 ET615-277-2543NANCY HARRIS

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-5C16-S-15-0006

5. SOLICITATION NUMBER

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

1 2 748264OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

LEXINGTON KY 40503

SUITE 210

771 CORPORATE DRIVE

USDA-NRCS - KENTUCKY STATE OFFICE

15. DELIVER TO

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Planting of trees on multiple parcels in support of WRP and WREP easements Delivery: 04/15/2016

001 Planting of trees on multiple parcels in support of WRP and WREP easements - Purchase Area Product/Service Code: F113 Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- WETLANDS CONSERVATION AND

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

SUPPORT

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

Natural Resources Conservation Service (NRCS) Solicitation No. AG-5C16-S-15-0006

Tree Planting 2015-2016 – Kentucky Purchase Area June 18, 2015

SYNOPSIS: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; bids are being requested and a written solicitation will not be issued.

The solicitation number AG-5C16-S-15-0006 is issued as an invitation for bid (IFB), and FAR Part 14 Sealed Bidding procedures are being utilized for award of a firm fixed price contract.

Sealed bids are due by 1:00 p.m. Central Time on Friday, July 17, 2015 at the following location:

USDA-NRCS

ATTN: NANCY HARRIS, Contracting Officer 675 U.S. Courthouse, 801 Broadway Nashville, Tennessee 37203

Bids may be submitted by mail, UPS, Federal Express or hand-delivered. Bids will not be accepted by email or fax.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-82 effective June 8, 2015 which can be found at http://www.acquisition.gov/far/index.html .

This Is A 100% Total Small Business Set-Aside Procurement (IFB). The Small Business size standard is based on the North American Industry Classification System (NAICS) code 115112, Soil Preparation, Planting, and Cultivating, which is $7.0 million average annual income. For more information on size standards visit http://www.sba.gov/size.

CONTRACT LINE ITEM NUMBERS: The Bid Schedule is attached to this notice.

DESCRIPTION OF REQUIREMENT: NRCS in Kentucky is issuing solicitation number AG-5C16- S-15-0006 for sealed bids. It is being issued for wetland restoration consisting of planting bare root tree seedlings on WREP sites located in the following counties of Kentucky: Carlisle, Fulton, and Hickman. The successful contractor will be required to perform site preparation work, purchase the bare root seedlings, and plant the tree seedlings according to NRCS contract specifications. The contract calls for the purchase of 206,650 tree seedlings that will be planted on approximately 473.6 acres.

Types of site preparation will include the following:

PRE-PLANTING SITE PREPARATION

1) 287.7 acres of no pre-planting site preparation needed do to planting into agricultural crop stubble http://www.acquisition.gov/far/index.html http://www.sba.gov/size

2) 130.9 acres of mowing to a height of 8 inches within 14 days of contract award followed with a chemical application with 1.5 quarts of Roundup (41% Glyphosate base product or an equivalent labeled product) per acre no earlier than 2 weeks after mowing but before October 15, 2015.

3) 46.5 acres of twice disking and broadcasting 30 pounds of millet to the acre followed by rolling with a culti-packer or other similar implement after August 1st, but before September 30th,

4) 9.5 acres of twice disking and broadcasting 120 pounds of winter wheat to the acre followed by rolling with a culti-packer or other similar implement after October 1st, but before October 31th, 2015.

POST-PLANTING SITE PREPARATION

1) 287.7 acres consisting of a chemical application of 1 ounce per acre of Oust XP (Sulfometuron methyl:{Methyl 2-[[[[(4,6-dimethyl-2pyrimidinyl)amino]-carbonyl]amino]sulfonyl]benzoate}. . .

75.0% or equivalent labeled product) at the time of planting, if the seedlings are planted after March 1, 2016. If seedlings are planted before March 1, 2016, the 1.0 ounce/acre Oust XP application should be completed after March 1, 2016, but before tree seedling buds break dormancy. The Oust XP application will not occur during or within 12 hours of a rain event.

PRE-BID SITE SHOWING: One (1) site showing will be held. The site showing will be held on Tuesday, June 30, 2015 starting at the NRCS Field Office located in Clinton, KY at 9:00 am. The Clinton Field Office is located in Carlisle County, KY at the following address:

NRCS Clinton Field Office 205 State Route 123 W Clinton KY 42031 The phone number for the Clinton Field Office is 270-653-6457.

The sites shown will be the Anderson, Glidewell, and Sanford WREP sites.

ATTACHMENTS:

1. Clauses & Provisions

2. Specifications

3. Individual Site Tree Planting Plan Maps

4. Site Location Maps

5. Kentucky NRCS Field Office Technical Guide Tree Establishment Practice Standard.

6. Experience Questionnaire

7. Service Contract Act Wage rates

AWARD: The Government plans to award a firm-fixed price contract resulting from this solicitation to the responsible offeror who submits the lowest price. The anticipated award date is estimated to be on or around July 22, 2015. Interested bidders may contact Ray Toor, Easement Team Biologist, at 270-825-2414, ext. 233 or by email at ray.toor@ky.usda.gov for more information about the project.

mailto:ray.toor@ky.usda.gov

PERIOD OF PERFORMANCE: August 1, 2015 – April 15, 2016

PLACE OF PERFORMANCE: Easement sites located in Carlisle, Fulton, and Hickman Counties in Kentucky. Specific easements are identified in the attachments to this solicitation.

ESTIMATED PRICE RANGE: The government estimated price range for this project is between $100,000 and $250,000.

PAYMENT: Payment will be made in accordance with the Federal Acquisition Regulations (FAR) Clause 52.232.25, Prompt Payment. Payments will be directly deposited into the contractor's account.

"Electronic Invoicing and Payment Requirements - Invoice Payment Platform (IPP) Invoices must be submitted electronically through the U.S. Department of the Treasury's Invoice Payment Platform System (IPP) or the Contractor must be willing to accept payment by Government purchase card.

The Contractor must use the IPP website (https://www.ipp.gov) to register, access, and use IPP for submitting invoices. Contractor assistance with enrollment can be obtained by calling (866) 973- 3131.

Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.

The invoice will contain the following information:

1. Name and address of the Contractor.

2. Invoice date and invoice number. The Contractor should date invoices as close as possible to the date of upload to IPP.

3. Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

4. Description, including easement site name, bid item number, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

5. Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

INSTRUCTIONS TO OFFERORS: The provision at FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition. The following addenda also apply.

SUBMISSION OF BIDS: Sealed bids shall be submitted to the following address by 1:00 p.m. Central Time on Friday, July 17, 2015:

USDA-NRCS

ATTN: NANCY HARRIS, Contracting Officer 675 U.S. Courthouse, 801 Broadway Nashville, Tennessee 37203

Bids must include the following:

1. The signed SF-1449 form, SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

ITEMS

2. The completed bid schedule.

3. Proof of “Active” registration in SAM.gov.

4. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-

3(b) for those representations and certifications that the offeror shall complete electronically);

5. The completed Experience Questionnaire

6. Acknowledgment of Solicitation Amendments, if any.

FAR provision 52.212-2, Evaluation-Commercial Items does not apply. NRCS plans to award the contract based upon to that responsible bidder whose bid, conforming to the invitation, will be most advantageous to the Government, considering only price and the price-related factors included in the invitation.

It is the bidder’s responsibility to check the FEDBIZOPPS website at https://www.fbo.gov/ for any revisions to this announcement. Email address for inquiries is nancy.harris@tn.usda.gov .

https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html%23wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html%23wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html%23wp1179194 https://www.fbo.gov/ mailto:nancy.harris@tn.usda.gov

Table of Contents

SECTION B – COST SCHEDULE OF SERVICES

Items and Prices (Bid Schedule)

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D – PACKAGING AND MARKING

There are no clauses included in this section

SECTION E – INSPECTION AND ACCEPTANCE

There are no clauses included in this section. See 52.212-4 Contract Terms and Cond.–Commercial Items

SECTION F – DELIVERIES OR PERFORMANCE

AGAR 452.211-74 Period of Performance (Feb 1988)

SECTION G – CONTRACT ADMINISTRATION DATA

There are no clauses included in this section

SECTION H – SPECIAL CONTRACT REQUIREMENTS

No Clauses.

SECTION I – CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

52.212-4 Contract Terms and Conditions – Commercial Items (SEP 2013)

52.212-5 Contract Terms and Cond. Required to Implement Executive Orders – Commercial Items (JAN 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

SECTION J – LIST OF ATTACHMENTS

SECTION K – 52.212-3 Offeror Representations and Certifications-Commercial Items (APR 2012)

SECTION L – 52.212-1 Instructions to Offerors-Commercial Items (FEB 2012)

SECTION M– 52.212-2 Evaluation-Commercial Items

PART I - THE SCHEDULE

SECTION B - SUPPLIES FOR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Item No. Supplies/Services Spec. No. Quantity Unit Unit Price Total Amount

A. Anderson, Bob and Deena WREP Site – Fulton County, Kentucky 12.7 Acres

01 Mobilization and Demobilization 8 1 Job $___________ $___________ Planting Trees and Shrubs 402 Woody Plants and Other Materials 300

B. Glidewell Trust WREP Site – Hickman County, Kentucky 31.6 Acres

02 Mobilization and Demobilization 8 1 Job $___________ $____________ Planting Trees and Shrubs 402 Woody Plants and Other Materials 300

C. Harrison, Lee Roy and Melissa WREP Site – Fulton County, Kentucky 131.5 Acres

03 Mobilization and Demobilization 8 1 Job $___________ $____________ Planting Trees and Shrubs 402 Woody Plants and Other Materials 300

D. Hopkins, Robert and Beverly WREP Site – Hickman County, Kentucky 18.7 Acres

04 Mobilization and Demobilization 8 1 Job $___________ $____________ Planting Trees and Shrubs 402 Woody Plants and Other Materials 300

E. Jones, Gary WREP Site – Hickman County, Kentucky 19.7 Acres

05 Mobilization and Demobilization 8 1 Job $___________ $_____________ Planting Trees and Shrubs 402 Woody Plants and Other Materials 300

F. Mantle, Mike WREP Site – Carlisle County, Kentucky 116.7 Acres

06 Mobilization and Demobilization 8 1 Job $___________ $_____________ Planting Trees and Shrubs 402 Woody Plants and Other Materials 300

G. McPherson, Jim WREP Site – Carlisle County, Kentucky 26.8 Acres

07 Mobilization and Demobilization 8 1 Job $___________ $______________ Planting Trees and Shrubs 402 Woody Plants and Other Materials 300

H. Ramage Farms WREP Site – Fulton County, Kentucky 25.8 Acres

08 Mobilization and Demobilization 8 1 Job $___________ $______________ Planting Trees and Shrubs 402 Woody Plants and Other Materials 300

I. Sanford and Stovall WREP Site – Hickman County, Kentucky 9.5 Acres

09 Mobilization and Demobilization 8 1 Job $___________ $______________ Planting Trees and Shrubs 402 Woody Plants and Other Materials 300

J. Wilson and Rudy WREP Site – Fulton County, Kentucky 75.5 Acres

10 Mobilization and Demobilization 8 1 Job $___________ $_____________ Planting Trees and Shrubs 402 Woody Plants and Other Materials 300

TOTAL BID $____________________

CONTRACTOR SIGNATURE _____________________________

DUNS NUMBER__________________________

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

DESCRIPTION OF REQUIREMENT: NRCS in Kentucky is issuing solicitation number AG-5C16- S-15-0006 for sealed bids. It is being issued for wetland restoration consisting of planting bare root tree seedlings on WREP sites located in the following counties of Kentucky: Carlisle, Fulton, and Hickman. The successful contractor will be required to perform site preparation work, purchase the bare root seedlings, and plant the tree seedlings according to NRCS contract specifications. The contract calls for the purchase of 206,650 tree seedlings that will be planted on approximately 473.6 acres.

Types of site preparation will include the following:

PRE-PLANTING SITE PREPARATION

1) 287.7 acres of no pre-planting site preparation needed do to planting into agricultural crop stubble

2) 130.9 acres of mowing to a height of 8 inches within 14 days of contract award followed with a chemical application with 1.5 quarts of Roundup (41% Glyphosate base product or an equivalent labeled product) per acre no earlier than 2 weeks after mowing but before October 15, 2015.

3) 46.5 acres of twice disking and broadcasting 30 pounds of millet to the acre followed by rolling with a culti-packer or other similar implement after August 1st, but before September 30th, 2015

4) 9.5 acres of twice disking and broadcasting 120 pounds of winter wheat to the acre followed by rolling with a culti-packer or other similar implement after October 1st, but before October 31th, 2015.

POST-PLANTING SITE PREPARATION

1) 287.7 acres consisting of a chemical application of 1 ounce per acre of Oust XP (Sulfometuron methyl:{Methyl 2-[[[[(4,6-dimethyl-2pyrimidinyl)amino]-carbonyl]amino]sulfonyl]benzoate}. . .

75.0% or equivalent labeled product) at the time of planting, if the seedlings are planted after March 1, 2016. If seedlings are planted before March 1, 2016, the 1.0 ounce/acre Oust XP application should be completed after March 1, 2016, but before tree seedling buds break dormancy. The Oust XP application will not occur during or within 12 hours of a rain event.

PRE-BID SITE SHOWING: One (1) site showing will be held. The site showing will be held on Tuesday, June 30, 2015 starting at the NRCS Field Office located in Clinton, KY at 9:00 am. The Clinton Field Office is located in Carlisle County, KY at the following address:

NRCS Clinton Field Office 205 State Route 123 W Clinton KY 42031 The phone number for the Clinton Field Office is 270-653-6457.

The sites shown will be the Anderson, Glidewell, and Sanford WREP sites.

SECTION D – PACKAGING AND MARKING

There Are No Clauses Include In This Section.

SECTION E – INSPECTION AND ACCEPTANCE

See 52.212-4 Contract Terms and Conditions – Commercial Items.

SECTION F – DELIVERIES OR PERFORMANCE

AGAR 452.211-74 Period of Performance (February 1988)

The period of performance for this contract is from August 1, 2015 – April 15, 2016.

SECTION G – CONTRACT ADMINISTRATION DATA

There are no clauses included in this section.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

There are no clauses included in this section.

SECTION I – CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates the following 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): www.acquisition.gov.

FAR CLAUSE DESCRIPTION

DATE

52.204-7 System for Award Management. Jul 2013

52.204.19 Incorporation by Reference of Representation and Certification Dec 2014

52.214-29 Order of Precedence—Sealed Bidding. (Jan 1986)

52.219-6 Notice of Total Small Business Set-Aside. NOV 2011 52.222-50 Combating Trafficking Persons. MAR 2015 52.223-1 Biobased Product Certification. May 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. Sep 2013 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. AUG 2011 52.225-13 Restrictions on Certain Foreign Purchases. DEC 2012 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transaction relating to Iran – Representations and Certification. DEC 2012

52.232-33 Payment by Electronic Funds Transfer—System for Award Management. (Jul 2013) 52.232-39 Unenforceability of Unauthorized Obligations. JUN 2013 52.233-3 Protest after Award. AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim. OCT 2004 52.243-1 Changes—Fixed Price. AUG 1987 52.249-8 Default (Fixed-Price Supply and Service). APR 1984 452.204-70 Inquiries. FEB 1988 452.224-70 Confidentiality of Information . FEB 1988

452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR

CORPORATE APPLICANTS

FEB 1988

FAR CLAUSE 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition.

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.

http://www.acquisition.gov/

(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-

(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.

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%23wp1113304 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html%23wp1137572

(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.

(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 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.

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(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 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2033_2.html%23wp1079912 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html%23wp1031290 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html%23wp1031326

(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;

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(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 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.

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(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)

The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Items, applies to this acquisition and the following additional FAR clauses cited in the clause are applicable to this acquisition.

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (May 2015)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C.

3805 note)).

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(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 (Apr 2010) (41 U.S.C. 3509)).

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

X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

_ X _ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L.

111-117, section 743 of Div. C).

X __ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (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 Set-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).

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

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

X __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2014) of 52.219-9.

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

X __ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcon-tracting 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. 657 f).

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 Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (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 2014) (E.O. 13126).

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

X __ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

X __ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

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

X __ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

X __ (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).

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