AG-82BH-S-14-0002.pdf

AG-82BH-S-14-0002

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

11/04/2013

1 36

2840 KACHINA DRIVE

PUEBLO CO 81008

PIKE SAN ISABEL NATIONAL FOREST

Multiple

719 553-1433ANGELINA SANCHEZ

11/25/2013 1400 MT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

DO NOT ENTER YOUR QUOTATIONS ON THIS PAGE. ENTER

YOUR QUOTE ON THE ATTACHED SCHEDULE OF ITEMS.

USDA is an equal opportunity employer.

The U.S. Department of Agriculture (USDA) prohibits discrimination on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, and marital or family status. (Not all basis apply to all programs). Persons with disabilities who require alternative means for communication of program information (braille, large print, audio tape, etc) should contact the USDA Office of Communication at 202-720-2791

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 36

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

AG-82BH-S-14-0002

To file a complaint, write the Secretary of Agriculture, U.S. Department of Agriculture, Washington, D.C., or call 1-800-245-6340 (Voice), or call 202-720-1127 (TDD).

Period of Performance: 12/01/2013 to 11/30/2014

001 Routine janitorial services (toilet cleaning) for 13 areas located in the Salida Ranger District;

in accordance to attached statement of work and technical specifications which herein are a part of any resultant contract.

Product/Service Code: S201 Product/Service Description: HOUSEKEEPING-

CUSTODIAL JANITORIAL

FOB: Destination

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Salida Toilet Cleaning Service

SF 18 Continuation Schedule of Items

Base Year Dec 1, 2013-Nov 30, 2014 Winter Dec 1-Feb 28 Location Frequency Cost per cleaning Total 01 North Cottonwood 3 Times $ $ 02 Avalanche Gulch 6 Times $ $ 03 Mt. Shavano / Tabeguache 3 Times $ $ 04 Ptarmigan 3 Times $ $ 05 Grizzly Gulch 3 Times $ $ 06 Browns Creek 3 Times $ $ 07 Fooses Creek 3 Times $ $ 08 Shirley Site 6 Times $ $ 09 Marshall Pass 3 Times $ $ 10 Denny Creek 6 Times $ $ 11 Chalk Lake Angler Parking 4 Times $ $ Total 43 Times Total $

Spring Mar 1- May 30 Location Frequency Cost per cleaning Total 01 North Cottonwood 3 Times $ $ 02 Avalanche Gulch 6 Times $ $ 03 Mt. Shavano / Tabeguache 3 Times $ $ 04 Ptarmigan 3 Times $ $ 05 Grizzly Gulch 3 Times $ $ 06 Browns Creek 3 Times $ $ 07 Fooses Creek 3 Times $ $ 08 Shirley Site 6 Times $ $ 09 Marshall Pass 3 Times $ $ 10 Denny Creek 6 Times $ $ 11 Chalk Lake Angler Parking 4 Times $ $ Total 43 Times Total $

Summer/Fall Jun 1- Oct 31 Location Frequency Cost per cleaning Total 01 North Cottonwood 24 Times $ $ 02 Mt. Shavano / Tabeguache 24 Times $ $ 03 Ptarmigan 24 Times $ $ 04 Avalanche Gulch 24 Times $ $ 05 Grizzly Gulch 46 Times $ $ 06 Browns Creek 46 Times $ $ 07 Fooses Creek 46 Times $ $ 08 Shirley Site 46 Times $ $ 09 Marshall Pass 46 Times $ $ 10 Denny Creek 46 Times $ $ 11 Hutchinson Cabin 12 Times $ $ 12 Droz Creek Cabin 12 Times $ $

Total 396 times Total $

Combined Total

Option Year 1 Nov 1, 2014-Oct 31, 2015 Winter Nov 1-Feb 28 Location Est.

Frequency Cost per cleaning Total

01 North Cottonwood 3 Times $ $ 02 Avalanche Gulch 6 Times $ $ 03 Mt. Shavano / Tabeguache 3 Times $ $ 04 Ptarmigan 3 Times $ $ 05 Grizzly Gulch 3 Times $ $ 06 Browns Creek 3 Times $ $ 07 Fooses Creek 3 Times $ $ 08 Shirley Site 6 Times $ $ 09 Marshall Pass 3 Times $ $ 10 Denny Creek 6 Times $ $ 11 Chalk Lake Angler Parking 4 Times $ $ Total 43 Times Total $

Spring Mar 1- May 30 Location Est.

Frequency Cost per cleaning Total

01 North Cottonwood 3 Times $ $ 02 Avalanche Gulch 6 Times $ $ 03 Mt. Shavano / Tabeguache 3 Times $ $ 04 Ptarmigan 3 Times $ $ 05 Grizzly Gulch 3 Times $ $ 06 Browns Creek 3 Times $ $ 07 Fooses Creek 3 Times $ $ 08 Shirley Site 6 Times $ $ 09 Marshall Pass 3 Times $ $ 10 Denny Creek 6 Times $ $ 11 Chalk Lake Angler Parking 4 Times $ $ Total 43 Times Total $

Summer/Fall Jun 1- Oct 31 Location Est.

Frequency Cost per cleaning Total

01 North Cottonwood 24 Times $ $ 02 Mt. Shavano / Tabeguache 24 Times $ $ 03 Ptarmigan 24 Times $ $ 04 Avalanche Gulch 24 Times $ $ 05 Grizzly Gulch 46 Times $ $ 06 Browns Creek 46 Times $ $ 07 Fooses Creek 46 Times $ $ 08 Shirley Site 46 Times $ $ 09 Marshall Pass 46 Times $ $ 10 Denny Creek 46 Times $ $ 11 Hutchinson Cabin 12 Times $ $

Option Year 2 Nov 1, 2015-Oct 31, 2016

Location Est.

Frequency Cost per cleaning Total

01 North Cottonwood 3 Times $ $ 02 Avalanche Gulch 6 Times $ $ 03 Mt. Shavano / Tabeguache 3 Times $ $ 04 Ptarmigan 3 Times $ $ 05 Grizzly Gulch 3 Times $ $ 06 Browns Creek 3 Times $ $ 07 Fooses Creek 3 Times $ $ 08 Shirley Site 6 Times $ $ 09 Marshall Pass 3 Times $ $ 10 Denny Creek 6 Times $ $ 11 Chalk Lake Angler Parking 4 Times $ $ Total 43 Times Total $

Spring Mar 1- May 30 Location Est.

Frequency Cost per cleaning Total

01 North Cottonwood 3 Times $ $ 02 Avalanche Gulch 6 Times $ $ 03 Mt. Shavano / Tabeguache 3 Times $ $ 04 Ptarmigan 3 Times $ $ 05 Grizzly Gulch 3 Times $ $ 06 Browns Creek 3 Times $ $ 07 Fooses Creek 3 Times $ $ 08 Shirley Site 6 Times $ $ 09 Marshall Pass 3 Times $ $ 10 Denny Creek 6 Times $ $ 11 Chalk Lake Angler Parking 4 Times $ $ Total 43 Times Total $

Summer/Fall Jun 1- Oct 31 Location Est.

Frequency Cost per cleaning Total

01 North Cottonwood 24 Times $ $ 02 Mt. Shavano / Tabeguache 24 Times $ $ 03 Ptarmigan 24 Times $ $ 04 Avalanche Gulch 24 Times $ $ 05 Grizzly Gulch 46 Times $ $ 06 Browns Creek 46 Times $ $ 07 Fooses Creek 46 Times $ $ 08 Shirley Site 46 Times $ $ 09 Marshall Pass 46 Times $ $ 10 Denny Creek 46 Times $ $ 11 Hutchinson Cabin 12 Times $ $

Option Year 3 Nov 1, 2016-Oct 31, 2017

Location Est.

Frequency Cost per cleaning Total

01 North Cottonwood 3 Times $ $ 02 Avalanche Gulch 6 Times $ $ 03 Mt. Shavano / Tabeguache 3 Times $ $ 04 Ptarmigan 3 Times $ $ 05 Grizzly Gulch 3 Times $ $ 06 Browns Creek 3 Times $ $ 07 Fooses Creek 3 Times $ $ 08 Shirley Site 6 Times $ $ 09 Marshall Pass 3 Times $ $ 10 Denny Creek 6 Times $ $ 11 Chalk Lake Angler Parking 4 Times $ $ Total 43 Times Total $

Spring Mar 1- May 30 Location Est.

Frequency Cost per cleaning Total

01 North Cottonwood 3 Times $ $ 02 Avalanche Gulch 6 Times $ $ 03 Mt. Shavano / Tabeguache 3 Times $ $ 04 Ptarmigan 3 Times $ $ 05 Grizzly Gulch 3 Times $ $ 06 Browns Creek 3 Times $ $ 07 Fooses Creek 3 Times $ $ 08 Shirley Site 6 Times $ $ 09 Marshall Pass 3 Times $ $ 10 Denny Creek 6 Times $ $ 11 Chalk Lake Angler Parking 4 Times $ $ Total 43 Times Total $

Summer/Fall Jun 1- Oct 31 Location Est.

Frequency Cost per cleaning Total

01 North Cottonwood 24 Times $ $ 02 Mt. Shavano / Tabeguache 24 Times $ $ 03 Ptarmigan 24 Times $ $ 04 Avalanche Gulch 24 Times $ $ 05 Grizzly Gulch 46 Times $ $ 06 Browns Creek 46 Times $ $ 07 Fooses Creek 46 Times $ $ 08 Shirley Site 46 Times $ $ 09 Marshall Pass 46 Times $ $ 10 Denny Creek 46 Times $ $ 11 Hutchinson Cabin 12 Times $ $

Option Year 4 Nov 1, 2017-Oct 31, 2018

Location Est.

Frequency Cost per cleaning Total

01 North Cottonwood 3 Times $ $ 02 Avalanche Gulch 6 Times $ $ 03 Mt. Shavano / Tabeguache 3 Times $ $ 04 Ptarmigan 3 Times $ $ 05 Grizzly Gulch 3 Times $ $ 06 Browns Creek 3 Times $ $ 07 Fooses Creek 3 Times $ $ 08 Shirley Site 6 Times $ $ 09 Marshall Pass 3 Times $ $ 10 Denny Creek 6 Times $ $ 11 Chalk Lake Angler Parking 4 Times $ $ Total 43 Times Total $

Spring Mar 1- May 30 Location Est.

Frequency Cost per cleaning Total

01 North Cottonwood 3 Times $ $ 02 Avalanche Gulch 6 Times $ $ 03 Mt. Shavano / Tabeguache 3 Times $ $ 04 Ptarmigan 3 Times $ $ 05 Grizzly Gulch 3 Times $ $ 06 Browns Creek 3 Times $ $ 07 Fooses Creek 3 Times $ $ 08 Shirley Site 6 Times $ $ 09 Marshall Pass 3 Times $ $ 10 Denny Creek 6 Times $ $ 11 Chalk Lake Angler Parking 4 Times $ $ Total 43 Times Total $

Summer/Fall Jun 1- Oct 31 Location Est.

Frequency Cost per cleaning Total

01 North Cottonwood 24 Times $ $ 02 Mt. Shavano / Tabeguache 24 Times $ $ 03 Ptarmigan 24 Times $ $ 04 Avalanche Gulch 24 Times $ $ 05 Grizzly Gulch 46 Times $ $ 06 Browns Creek 46 Times $ $ 07 Fooses Creek 46 Times $ $ 08 Shirley Site 46 Times $ $ 09 Marshall Pass 46 Times $ $ 10 Denny Creek 46 Times $ $ 11 Hutchinson Cabin 12 Times $ $

*Government may only award base year. Award of option years will be based on availability of funds.

Contractor DUNS No. ________________________________________

Taxpayer ID: ________________________________________________

Email/phone number:_______________________________________________________

*Completed annual Representations and Certifications electronically on the System for Award Management (SAM) website, https://www.sam.gov

____Yes ____No

Offeror questions during the solicitation phase of this requirement shall be submitted electronically to asanchez04@fs.fed.us. The closing date for these written questions is COB, Nov. 14, 2013, MST. Facsimile questions will not be accepted. The government will provide responses to all offerors no later than three (3) business days after the closing date for questions.

Contract Administration Data 452.215-73 Postaward Conference. (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 5 days after the date of contract award.

The conference will be held at: Salida Ranger District Office 5575 Cleora Rd Salida, CO 81201.

(End of Clause)

Administration Data

1. Contract Award: A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

2. Notice to Proceed: The Contractor shall commence work upon receipt of a properly executed Notice to Proceed.

3. Changes: The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer.

In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

4. Unauthorized Instructions from Government or Other Personnel: The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

Invoices & Payments Invoices shall be submitted to the Contracting Officer (CO) and a copy provided to the COR in accordance with all requirements in this solicitation.

Payment will be processed utilizing direct deposit, in arrears (30 days/service, 14 days/construction), upon submission of a complete invoice by the Contractor and upon verification of acceptance of work performed for that period by the COR.

Invoices require the following information, submitted on white paper only: company name, address and phone number; contract number (i.e. AG-82BH-C-14-XXXX); invoice number; tax ID number; brief description/date of items invoiced for; and amount invoiced.

Contracting Officer (CO) Angelina Sanchez USDA Forest Service 2840 Kachina Dr Pueblo, CO, 81008 719-553-1433 Fax: 719-553-1435 email: asanchez04@fs.fed.us

Contracting Officer’s Representative (COR) COR will be determined at time of award. The awarded Contractor will receive a letter of designation that includes the Contracting Officer Representative’s delegated authorities under this contract.

Payment will be made by:

USDA Rural Development Centralized Servicing Center 4300 Goodfellow Blvd (FC-233) Bldg 105E St. Louis, MO 63120-1703 PHONE: 314-457-4525

Special Contract Requirements

Personal Protective Equipment

a) The Contractor will train in the safe operation and use of equipment to all workers using such equipment.

(b) Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body which meet the minimum requirements of Occupational Safety & Health Administration (OSHA)1910.

(c) Defective or damaged personal protective equipment shall not be used.

Contract Terms and Conditions 52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Clauses that begin with 52; reference the Federal Acquisition Regulations (FAR):

https://www.acquisition.gov/far/

Clauses that begin with 452; reference the Agricultural Acquisition Regulations (AGAR):

http://www.usda.gov/procurement/policy/agar.html (End of clause)

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUL 2013) 52.204-13 System for Award Management Maintenance. (JUL 2013) 52.208-9 Contractor Use of Mandatory Sources of Supply or Services. (OCT 2008) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-

Representation and Certifications. (DEC 2012) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.232-11 Extras. (APR 1984) 52.232-23 Assignment of Claims. (JAN 1986) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 52.247-21 Contractor Liability for Personal Injury and/or Property Damage (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984) 452.236-72 Use of Premises. (NOV 1996) 452.237-75 Restrictions Against Disclosure. (FEB 1988) 452.237-71 Pre-Bid/Pre-Proposal Conference. (FEB 1988)

Addendum to AGAR 452.237-71 Pre-Bid/ Pre-Proposal Conference (FEB 1988) No pre-bid/pre-proposal conference is scheduled

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

(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 postacceptance 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.

https://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html

(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 the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). 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.

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

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

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

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

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

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

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

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

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

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

(C) Affected 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 Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

destination.

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 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. 423 relating to procurement integrity.

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

(1) The schedule of supplies/services;

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5;

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

(5) Solicitation provisions if this is a solicitation;

(6) Other paragraphs of this clause;

(7) The Standard Form 1449;

(8) Other documents, exhibits, and attachments; and

(9) The specification.

(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

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

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

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

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

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (SEP 2013)

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(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) (Pub. L. 108-77, 108-78).

(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: (Contracting Officer check as appropriate.)

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

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) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5).

X (6) 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).

[] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C.

2313).

[] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L.

111-8, and section 745 of Division D of Pub. L. 110-161).

[] (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (11) (Reserved)

X (12)(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).

[] (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[] (ii) Alternate I (OCT 1995) of 52.219-7.

[] (iii) Alternate II (MAR 2004) of 52.219-7.

[] (14) 52.219-8, Utilization of Small Business Concerns (JUL 2013) (15 U.S.C. 637 (d)(2) and (3)).

[] (15)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2013) (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.

[] (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

[] (18) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323)(if the offeror elects to waive the adjustment, it shall so indicate in its offer.)

[] (ii) Alternate I (JUN 2003) of 52.219-23.

[] (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (JUL 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

X (23) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)).

[] (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 2013) (15 U.S.C. 637(m)).

[] (25) 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 (26) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126).

X (28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

X (29) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

[] (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

X (31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

[] (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

[] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

[] (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

X (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[] (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

[](ii) Alternate I (DEC 2007) of 52.223-16.

X (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011).

X (39) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d).

[] (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (NOV 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

[] (ii) Alternate I (MAR 2012) of 52.225-3.

[] (iii) Alternate II (MAR 2012) of 52.225-3.

[] (iv) Alternate III (NOV 2012) of 52.225-3.

[] (41) 52.225-5, Trade Agreements (SEP 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (42) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury.

[] (43) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[] (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

[] (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

[] (47) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (48) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (JUL 2013) (31 U.S.C.

3332).

[] (49) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[] (50) 52.232-36, Payment by Third Party (JUL 2013) (31 U.S.C. 3332).

[] (51) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (52)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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: (Contracting Officer check as appropriate.)

X (1) 52.222-41, Service Contract Act of 1965 "(NOV 2007)" (41 U.S.C. 351, et seq.).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements "(NOV 2007)" (41 U.S.C. 351, et seq.).

[] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

[] (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).

[] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247).

[] (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (JUL 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 "(NOV 2007)" (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

___Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements "(NOV 2007)" (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (FEB 2009)(41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110- 247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-8 Option to Extend Services. (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days of expiration of the contract.

(End of clause)

52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless-

(1) The product cannot be acquired-

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)).

For example, all USDA-designated…