Attachment 2 - SF33 IFB W911SF-24-B-0004 - Released.pdf

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(Hour)

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until 02:00 PM local t ime 28 Oct 2024

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CHRISTOPHER.L.KIMBLE.CIV@ARMY.MIL

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 85

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W911SF 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

SEE ITEM 8

conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

CHRIS KIMBLE 706-545-2030

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 32

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

33 - 34

35 - 38 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 39 - 41 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

42 - 56

PART II - CO NTRACT CLAUSES

MICC - FORT MOORE

6650 MELOY DRIVE

BLDG 6, SUITE 250

FORT MOORE GA 31905-1300

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

26 Sep 2024

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W911SF24B0004

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 31 Days _____________ _____________

TRANSITION PERIOD - PHASE IN

FFP

Phase-In Period IAW Para 1.5.1 of the PWS FOB: Destination

PSC CD: S205

NET AMT

0002 24,000 Net Ton

(2,000

LB).

TIPPING FEES

FFP

Installation Tipping Fees Average is (1600) tons per month.

0003 11 Months _____________ _____________

PROVIDE, COLLECT, 8CY TRASH CONTAINERS

FFP

Provide and Collect (609) eight cubic yard (CY) bulk waste containers, service & transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the

PWS.

0004 11 Months _____________ _____________

PROVIDE, COLLECT 20CY ROLL-OFF CONTAINER

FFP

Provide and Collect (49) 20 CY roll-off open top solid waste containers, service and transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the

PWS.

0005 11 Months _____________ _____________

PROVIDE, COLLECT 35CY COMPACTOR

FFP

Provide and Collect (16) 35 CY solid waste compactors, service and transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the PWS.

0006 11 Months _____________ _____________

PROVIDE, COLLECT 40CY ROLL-OFF CONTAINER

FFP

Provide and Collect (20) 40 CY roll-off open top solid waste containers, service and transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the

PWS.

0007 1,200 Each _____________ _____________

ADDITIONAL 20CY CONTAINERS

FFP

Provide and Collect additional 20 CY roll-off open top solid waste containers as ordered. Service and transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para.

2.1 & 3.5 of the PWS.

0008 1,200 Each _____________ _____________

ADDITIONAL 40 CY CONTAINERS

FFP

Provide and Collect additional 40 CY roll-off open top solid waste containers as ordered. Service and transport to disposal facility. Maintain containers capacity IAW Para. 2.1 & 3.5 of the PWS.

0009 80 Each _____________ _____________

ADDITIONAL 35CY COMPACTORS

FFP

Provide and Collect additional 35 CY compactors as ordered. Service and transport to disposal facility. Maintain containers capacity IAW Para. 2.1 & 3.5 of the PWS.

0010 11 Months _____________ _____________

MAINTAIN DUMPSTERS APPEARANCE

FFP

Maintain Dumpster Appearance IAW Para 2.4.6 of the PWS.

0011 11 Months _____________ _____________

CLEAN REFUSE CONTAINERS

FFP

Clean Refuse Containers (609) IAW para. 2.4.12 of the PWS.

0012 11 Months _____________ _____________

CLEAN FOOD WASTE COMPACTORS

FFP

Clean Food Waste Compactors (16) IAW para 2.4.12 of the PWS.

0013 600 Each _____________ _____________

ADDITIONAL 8CY CONTAINERS

FFP

Provide and Collect additional eight CY bulk waste containers, service and transport to disposal facility as ordered. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the PWS.

0014 1 Each *NSP *NSP

CMR

FFP

CONTRACTOR MANPOWER REPORTING

1001 24,000 Net Ton

(2,000

LB).

OPTION TIPPING FEES

FFP

Installation Tipping Fees Average is (1600) tons per month.

1002 12 Months _____________ _____________

OPTION PROVIDE, COLLECT, 8CY TRASH CONTAINERS

FFP

Provide and Collect (609) eight cubic yard (CY) bulk waste containers, service & transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the

PWS.

1003 12 Months _____________ _____________

OPTION PROVIDE, COLLECT 20CY ROLL-OFF CONTAINER

FFP

Provide and Collect (49) 20 CY roll-off open top solid waste containers, service and transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the

PWS.

1004 12 Months _____________ _____________

OPTION PROVIDE, COLLECT 35CY COMPACTOR

FFP

Provide and Collect (16) 35 CY solid waste compactors, service and transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the PWS.

1005 12 Months _____________ _____________

OPTION PROVIDE, COLLECT 40CY ROLL-OFF CONTAINER

FFP

Provide and Collect (20) 40 CY roll-off open top solid waste containers, service and transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the

PWS.

1006 1,200 Each _____________ _____________

OPTION ADDITIONAL 20CY CONTAINERS

FFP

Provide and Collect additional 20 CY roll-off open top solid waste containers as ordered. Service and transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para.

2.1 & 3.5 of the PWS.

1007 1,200 Each _____________ _____________

OPTION ADDITIONAL 40 CY CONTAINERS

FFP

Provide and Collect additional 40 CY roll-off open top solid waste containers as ordered. Service and transport to disposal facility. Maintain containers capacity IAW Para. 2.1 & 3.5 of the PWS.

1008 80 Each _____________ _____________

OPTION ADDITIONAL 35CY COMPACTORS

FFP

Provide and Collect additional 35 CY compactors as ordered. Service and transport to disposal facility. Maintain containers capacity IAW Para. 2.1 & 3.5 of the PWS.

1009 12 Months _____________ _____________

OPTION MAINTAIN DUMPSTERS APPEARANCE

FFP

Maintain Dumpster Appearance IAW Para 2.4.6 of the PWS.

1010 12 Months _____________ _____________

OPTION CLEAN REFUSE CONTAINERS

FFP

Clean Refuse Containers (609) IAW para. 2.4.12 of the PWS.

1011 12 Months _____________ _____________

OPTION CLEAN FOOD WASTE COMPACTORS

FFP

Clean Food Waste Compactors (16) IAW para 2.4.12 of the PWS.

1012 600 Each _____________ _____________

OPTION ADDITIONAL 8CY CONTAINERS

FFP

Provide and Collect additional eight CY bulk waste containers, service and transport to disposal facility as ordered. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the PWS.

1013 1 Each *NSP *NSP

OPTION CMR

FFP

CONTRACTOR MANPOWER REPORTING

2001 24,000 Net Ton

(2,000

LB).

OPTION TIPPING FEES

FFP

Installation Tipping Fees Average is (1600) tons per month.

2002 12 Months _____________ _____________

OPTION PROVIDE, COLLECT, 8CY TRASH CONTAINERS

FFP

Provide and Collect (609) eight cubic yard (CY) bulk waste containers, service & transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the

PWS.

2003 12 Months _____________ _____________

OPTION PROVIDE, COLLECT 20CY ROLL-OFF CONTAINER

FFP

Provide and Collect (49) 20 CY roll-off open top solid waste containers, service and transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the

PWS.

2004 12 Months _____________ _____________

OPTION PROVIDE, COLLECT 35CY COMPACTOR

FFP

Provide and Collect (16) 35 CY solid waste compactors, service and transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the PWS.

2005 12 Months _____________ _____________

OPTION PROVIDE, COLLECT 40CY ROLL-OFF CONTAINER

FFP

Provide and Collect (20) 40 CY roll-off open top solid waste containers, service and transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the

PWS.

2006 1,200 Each _____________ _____________

OPTION ADDITIONAL 20CY CONTAINERS

FFP

Provide and Collect additional 20 CY roll-off open top solid waste containers as ordered. Service and transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para.

2.1 & 3.5 of the PWS.

2007 1,200 Each _____________ _____________

OPTION ADDITIONAL 40 CY CONTAINERS

FFP

Provide and Collect additional 40 CY roll-off open top solid waste containers as ordered. Service and transport to disposal facility. Maintain containers capacity IAW Para. 2.1 & 3.5 of the PWS.

2008 80 Each _____________ _____________

OPTION ADDITIONAL 35CY COMPACTORS

FFP

Provide and Collect additional 35 CY compactors as ordered. Service and transport to disposal facility. Maintain containers capacity IAW Para. 2.1 & 3.5 of the PWS.

2009 12 Months _____________ _____________

OPTION MAINTAIN DUMPSTERS APPEARANCE

FFP

Maintain Dumpster Appearance IAW Para 2.4.6 of the PWS.

2010 12 Months _____________ _____________

OPTION CLEAN REFUSE CONTAINERS

FFP

Clean Refuse Containers (609) IAW para. 2.4.12 of the PWS.

2011 12 Months _____________ _____________

OPTION CLEAN FOOD WASTE COMPACTORS

FFP

Clean Food Waste Compactors (16) IAW para 2.4.12 of the PWS.

2012 600 Each _____________ _____________

OPTION ADDITIONAL 8CY CONTAINERS

FFP

Provide and Collect additional eight CY bulk waste containers, service and transport to disposal facility as ordered. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the PWS.

2013 1 Each _____________ _____________

OPTION CMR

FFP

CONTRACTOR MANPOWER REPORTING

3001 24,000 Net Ton

(2,000

LB).

OPTION TIPPING FEES

FFP

Installation Tipping Fees Average is (1600) tons per month.

3002 12 Months _____________ _____________

OPTION PROVIDE, COLLECT, 8CY TRASH CONTAINERS

FFP

Provide and Collect (609) eight cubic yard (CY) bulk waste containers, service & transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the

PWS.

3003 12 Months _____________ _____________

OPTION PROVIDE, COLLECT 20CY ROLL-OFF CONTAINER

FFP

Provide and Collect (49) 20 CY roll-off open top solid waste containers, service and transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the

PWS.

3004 12 Months _____________ _____________

OPTION PROVIDE, COLLECT 35CY COMPACTOR

FFP

Provide and Collect (16) 35 CY solid waste compactors, service and transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the PWS.

3005 12 Months _____________ _____________

OPTION PROVIDE, COLLECT 40CY ROLL-OFF CONTAINER

FFP

Provide and Collect (20) 40 CY roll-off open top solid waste containers, service and transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the

PWS.

3006 1,200 Each _____________ _____________

OPTION ADDITIONAL 20CY CONTAINERS

FFP

Provide and Collect additional 20 CY roll-off open top solid waste containers as ordered. Service and transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para.

2.1 & 3.5 of the PWS.

3007 1,200 Each _____________ _____________

OPTION ADDITIONAL 40 CY CONTAINERS

FFP

Provide and Collect additional 40 CY roll-off open top solid waste containers as ordered. Service and transport to disposal facility. Maintain containers capacity IAW Para. 2.1 & 3.5 of the PWS.

3008 80 Each _____________ _____________

OPTION ADDITIONAL 35CY COMPACTORS

FFP

Provide and Collect additional 35 CY compactors as ordered. Service and transport to disposal facility. Maintain containers capacity IAW Para. 2.1 & 3.5 of the PWS.

3009 12 Months _____________ _____________

OPTION MAINTAIN DUMPSTERS APPEARANCE

FFP

Maintain Dumpster Appearance IAW Para 2.4.6 of the PWS.

3010 12 Months _____________ _____________

OPTION CLEAN REFUSE CONTAINERS

FFP

Clean Refuse Containers (609) IAW para. 2.4.12 of the PWS.

3011 12 Months _____________ _____________

OPTION CLEAN FOOD WASTE COMPACTORS

FFP

Clean Food Waste Compactors (16) IAW para 2.4.12 of the PWS.

3012 600 Each _____________ _____________

OPTION ADDITIONAL 8CY CONTAINERS

FFP

Provide and Collect additional eight CY bulk waste containers, service and transport to disposal facility as ordered. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the PWS.

3013 1 Each *NSP *NSP

OPTION CMR

FFP

CONTRACTOR MANPOWER REPORTING

4001 24,000 Net Ton

(2,000

LB).

OPTION TIPPING FEES

FFP

Installation Tipping Fees Average is (1600) tons per month.

4002 12 Months _____________ _____________

OPTION PROVIDE, COLLECT, 8CY TRASH CONTAINERS

FFP

Provide and Collect (609) eight cubic yard (CY) bulk waste containers, service & transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the

PWS.

4003 12 Months _____________ _____________

OPTION PROVIDE, COLLECT 20CY ROLL-OFF CONTAINER

FFP

Provide and Collect (49) 20 CY roll-off open top solid waste containers, service and transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the

PWS.

4004 12 Months _____________ _____________

OPTION PROVIDE, COLLECT 35CY COMPACTOR

FFP

Provide and Collect (16) 35 CY solid waste compactors, service and transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the PWS.

4005 12 Months _____________ _____________

OPTION PROVIDE, COLLECT 40CY ROLL-OFF CONTAINER

FFP

Provide and Collect (20) 40 CY roll-off open top solid waste containers, service and transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the

PWS.

4006 1,200 Each _____________ _____________

OPTION ADDITIONAL 20CY CONTAINERS

FFP

Provide and Collect additional 20 CY roll-off open top solid waste containers as ordered. Service and transport to disposal facility. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para.

2.1 & 3.5 of the PWS.

4007 1,200 Each _____________ _____________

OPTION ADDITIONAL 40 CY CONTAINERS

FFP

Provide and Collect additional 40 CY roll-off open top solid waste containers as ordered. Service and transport to disposal facility. Maintain containers capacity IAW Para. 2.1 & 3.5 of the PWS.

4008 80 Each _____________ _____________

OPTION ADDITIONAL 35CY COMPACTORS

FFP

Provide and Collect additional 35 CY compactors as ordered. Service and transport to disposal facility. Maintain containers capacity IAW Para. 2.1 & 3.5 of the PWS.

4009 12 Months _____________ _____________

OPTION MAINTAIN DUMPSTERS APPEARANCE

FFP

Maintain Dumpster Appearance IAW Para 2.4.6 of the PWS.

4010 12 Months _____________ _____________

OPTION CLEAN REFUSE CONTAINERS

FFP

Clean Refuse Containers (609) IAW para. 2.4.12 of the PWS.

4011 12 Months _____________ _____________

OPTION CLEAN FOOD WASTE COMPACTORS

FFP

Clean Food Waste Compactors (16) IAW para 2.4.12 of the PWS.

4012 600 Each _____________ _____________

OPTION ADDITIONAL 8CY CONTAINERS

FFP

Provide and Collect additional eight CY bulk waste containers, service and transport to disposal facility as ordered. Empty containers at least once a week or when the containers are at 85%. Maintain containers capacity IAW Para. 2.1 & 3.5 of the PWS.

4013 1 Each *NSP *NSP

OPTION CMR

FFP

CONTRACTOR MANPOWER REPORTING

Base Year Total = _____________________

Option Year 1 Total = _____________________

Option Year 2 Total = _____________________

Option Year 3 Total = _____________________

Option Year 4 Total = _____________________

Contract Grand Total = _____________________

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government 0009 N/A N/A N/A Government 0010 N/A N/A N/A Government 0011 N/A N/A N/A Government 0012 N/A N/A N/A Government 0013 N/A N/A N/A Government 0014 N/A N/A N/A Government 1001 N/A N/A N/A Government 1002 N/A N/A N/A Government 1003 N/A N/A N/A Government 1004 N/A N/A N/A Government 1005 N/A N/A N/A Government 1006 N/A N/A N/A Government 1007 N/A N/A N/A Government 1008 N/A N/A N/A Government 1009 N/A N/A N/A Government 1010 N/A N/A N/A Government 1011 N/A N/A N/A Government 1012 N/A N/A N/A Government 1013 N/A N/A N/A Government 2001 N/A N/A N/A Government 2002 N/A N/A N/A Government 2003 N/A N/A N/A Government 2004 N/A N/A N/A Government 2005 N/A N/A N/A Government 2006 N/A N/A N/A Government 2007 N/A N/A N/A Government 2008 N/A N/A N/A Government 2009 N/A N/A N/A Government 2010 N/A N/A N/A Government 2011 N/A N/A N/A Government 2012 N/A N/A N/A Government 2013 N/A N/A N/A Government 3001 N/A N/A N/A Government 3002 N/A N/A N/A Government 3003 N/A N/A N/A Government 3004 N/A N/A N/A Government

3005 N/A N/A N/A Government 3006 N/A N/A N/A Government 3007 N/A N/A N/A Government 3008 N/A N/A N/A Government 3009 N/A N/A N/A Government 3010 N/A N/A N/A Government 3011 N/A N/A N/A Government 3012 N/A N/A N/A Government 3013 N/A N/A N/A Government 4001 N/A N/A N/A Government 4002 N/A N/A N/A Government 4003 N/A N/A N/A Government 4004 N/A N/A N/A Government 4005 N/A N/A N/A Government 4006 N/A N/A N/A Government 4007 N/A N/A N/A Government 4008 N/A N/A N/A Government 4009 N/A N/A N/A Government 4010 N/A N/A N/A Government 4011 N/A N/A N/A Government 4012 N/A N/A N/A Government 4013 N/A N/A N/A Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-DEC-2024 TO

31-DEC-2024

N/A DIRECTORATE OF PUBLIC WORKS

CHRISTOPHER GREEN

DPW

FORT MOORE GA 31905

706.505.3249

W909H3

0002 POP 01-JAN-2025 TO

30-NOV-2025

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0012 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0013 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0014 POP 01-DEC-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-DEC-2025 TO

30-NOV-2026

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-DEC-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-DEC-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-DEC-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 01-DEC-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 01-DEC-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1007 POP 01-DEC-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1008 POP 01-DEC-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1009 POP 01-DEC-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1010 POP 01-DEC-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1011 POP 01-DEC-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1012 POP 01-DEC-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1013 POP 01-DEC-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-DEC-2026 TO

30-NOV-2027

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-DEC-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-DEC-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-DEC-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 01-DEC-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 01-DEC-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2007 POP 01-DEC-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2008 POP 01-DEC-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2009 POP 01-DEC-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2010 POP 01-DEC-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2011 POP 01-DEC-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2012 POP 01-DEC-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2013 POP 01-DEC-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-DEC-2027 TO

30-NOV-2028

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-DEC-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-DEC-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-DEC-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 01-DEC-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3006 POP 01-DEC-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3007 POP 01-DEC-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3008 POP 01-DEC-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3009 POP 01-DEC-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3010 POP 01-DEC-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3011 POP 01-DEC-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3012 POP 01-DEC-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3013 POP 01-DEC-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-DEC-2028 TO

30-NOV-2029

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-DEC-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-DEC-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 01-DEC-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 01-DEC-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4006 POP 01-DEC-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4007 POP 01-DEC-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4008 POP 01-DEC-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4009 POP 01-DEC-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4010 POP 01-DEC-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4011 POP 01-DEC-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4012 POP 01-DEC-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4013 POP 01-DEC-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Invoice 2in1 https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2in1

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0490 Issue By DoDAAC W911SF Admin DoDAAC** W911SF Inspect By DoDAAC W909H3 Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) W909H3 Service Acceptor (DoDAAC) W909H3 Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Contracting Specialist: christopher.l.kimble.civ@army.mil

Contracting Officer: racheal.l.valdez.civ@army.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause) mailto:christopher.l.kimble.civ@army.mil mailto:racheal.l.valdez.civ@army.mil

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

NOV 2021

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-10 Contract Award--Sealed Bidding JUL 1990 52.214-12 Preparation Of Bids APR 1984 52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.216-21 Requirements OCT 1995 52.219-2 Equal Low Bids OCT 1995 52.219-9 Alt I Small Business Subcontracting Plan (SEP 2023) Alternate I NOV 2016 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2021-O0008) FEB 2023 52.223-2 Reporting of Biobased Products Under Service and

Construction Contracts.

MAY 2024

52.223-10 Waste Reduction Program MAY 2024 52.223-19 Compliance with Environmental Management Systems MAY 2011 52.223-23 Sustainable Products and Services. MAY 2024 52.227-1 Authorization and Consent JUN 2020 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.252-4 Alterations in Contract APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013 REVISION 1)

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.223-7999 (Dev) Ensuring Adequate COVID-19 Safety Protocols for Federal

Contractors (Deviation 2021-O0009)

OCT 2021

252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.225-7061 Restriction on the Acquisition of Personal Protective Equipment and Certain Other Items from Non-Allied Foreign Nations

JAN 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7003 Notification of Potential Safety Issues JAN 2023 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2023)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.--

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

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

destination.

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Reserved.

(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.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements…