B08_Solicit_Clauses_ALCA_bird_exclustion.pdf

Install Bird Exclusion Measures SOLICITATION NO. 140P2022Q0004 Golden Gate National Recreation Area Page 3 of 60

Section B - SUPPLIES OR SERVICES AND PRICES/COSTS

This requirement is for one(1) Firm Fixed Price Commercial Items Services Contract for Installation of Bird Exclustion Measures at the Fixed Wharf and Finger Pier, Golden Gate National Recreation Area, Alcatraz.

PERIOD OF PERFORMANCE: See Deliveries or Performance section.

(End of Supplies/Services and Prices/Costs)

Install Bird Exclusion Measures GOGA Task Description Unit Cost

1 Mobilization and Demobiliaztion Lump Sum

Provide and install drop net with chain at Fixed

Wharf Lump Sum

Provide and install netting at 5 Seawall Cavity locations Lump Sum

4 Provide and install bird spikes at Finger Pier Lump Sum

5 Small craft assistance w/ captain Lump Sum

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STATEMENT OF WORK

Install Bird Exclusion Devices at the Fixed Wharf and Finger Pier, Alcatraz

1.0 Background

The project entails the strategic placement of bird exclusion devices below the Alcatraz Fixed Wharf and the Finger Pier to discourage cavity nesting activity of waterbirds such as Pigeon Guillemots. These exclusion measures are necessary to mitigate adverse effects on the park’s natural resources from a large scale, multi-year construction project to stabilize both structures, as indicated by the October 2001 Final Environmental Impact Statement for Construction Projects on Alcatraz. Exclusion measures will be installed prior to the start of the construction project and remain in place for its duration, currently estimated at 36 months. This avoids the potential for nests to be established in the area during periods of construction inactivity and then disrupted/abandoned once construction begins. To mitigate the temporary loss of nesting habitat during the project, the park will provide boxes, as alternate nesting locations, away from the area of construction.

2.0 Scope

Fixed Wharf: Please see Exhibit A, ALCA Bird Exclusion Installation Locations and Exhibit B, Existing Conditions Photos. Contractor shall install bird exclusion devices to prevent waterbirds from nesting in the areas depicted, including along the shoreline above the high tide line. Additionally, there are limited areas (5 areas measuring 2’x2’ each) on the vertical seawall with voids/cavities that require exclusion installation. The placement of netting either directly on the seawall to cover nesting cavities or suspended from the underside of the fixed wharf and into the bay water (“drop net”) is the preferred method of restricting nesting access in this area. Waterbirds are prevented from passing underneath the netting by means of a weighted chain, or similar, attached to the bottom of the net which will fully conform to the topography of the bay floor. Total linear footage of the drop netting is approximately 280LF and the height will vary from 8’ to 12’. Please see Exhibit C, Area of Netting Installation, North View and Exhibit D, Area of Netting Installation, West View depicting the netting installation in the area north of the fixed wharf. All netting will be installed in consultation with the park wildlife biologist. The netting shall be heavy duty 20mm x 2.3mm polypropylene and utilize 1/8” stainless steel stranded cable with turnbuckles. Non-corrosive fasteners shall be used for the installation to prevent damage to the historic fabric. All products used shall carry a minimum 5-year guarantee against breakdown in a marine environment. Installation shall be guaranteed for 2 years.

Finger Pier: Please see Exhibit E, Finger Pier Section Detail. The finger pier is constructed of ten 12’ x 1’x 1’ timber pile caps upon which eight 4” x 12” deck stringers rest. The cavities formed by this construction method are suitable nesting habitat. In this area the contractor shall install 4” stainless steel bird spikes (“Bird Barrier” brand, or similar) using stainless steel fasters, to the pile caps between the joists. All products used shall carry a minimum 5-year guarantee against breakdown in a marine environment. Installation shall be guaranteed for 2 years.

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Contractor shall submit product samples and cut sheets for netting, spikes, fasteners, cables and associated hardware for park approval prior to the start of work.

Note that vessel and/or rope access will be needed to install the exclusion devices and the contractor will need to ensure that all necessary safety precautions are undertaken in accordance with a park reviewed safety plan. Any hired vessel activity will need to be coordinated with the Contracting Officer to ensure that it does not conflict with island concessions or operations activities.

3.0 Objectives

Due to the high risk of project delays if birds nest in the area of construction, the main objective is to provide a secure, durable and maintainable installation that effectively deters waterbirds from entering the project area.

4.0 Contractor Use of the Site

A. General: Contractor shall have limited use of the site for construction operations. Limit use of premises to areas of construction and designated staging areas indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated.

1. Limits: Confine constructions operations to areas of construction and designated staging areas.

2. Limit site disturbance as approved by the Contracting Officer.

3. Provide firm stable barricades to prevent entry of the public into the construction work area.

B. Storage of Materials: Confine storage of materials to storage areas on the dock as designated by the Contracting Officer.

C. Worker Orientations: All workers must attend an orientation meeting with Park staff to review the unique requirements of working on Alcatraz Island, interfacing with the public, and safeguarding natural and cultural resources. These meetings will be held on the island during regular park island staff hours from 09:00 to 16:30 hours.

5.0 Public Use of the Site

The island will be open to the public during construction. Conduct all operations to ensure the least inconvenience to the public and park operations. Public and staff areas of the fixed wharf and finger pier must remain open at all times during visitor hours. Closures of portions of the structures for construction will be permitted on a case by case basis and upon written approval of the Contracting Officer.

6.0 Worker Transportation to the Alcatraz Island

A. Contractor is responsible for transporting their construction crew to the Island.

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B. Alcatraz Cruises has the Concession contract for transporting passengers to and from Alcatraz Island. Under this contract they are assigned exclusive use and responsibility for the Alcatraz floating dock. Other water taxi operators using the dock must provide an insurance ACCORD form that lists Alcatraz Cruises as an additionally insured party.

C. Park Concessionaire can transport workers to Alcatraz Island via a single daily ferry service designated as the “Staff Boat.” Consult with NPS CO for daily schedule. When bringing supplies and equipment/crew to Alcatraz, the contractor should arrive early at Pier 31½, drive in and unload supplies and equipment, move the vehicle to a nearby parking lot, park there and walk back to the Pier to load the boat. Contractor parking is not permitted on the dock. There are no flammables or hazardous materials allowed on the staff or public ferries under any circumstances. Only materials that can be loaded and offloaded without multiple trips will be allowed on the staff boat. Wheelbarrow sized loads are the maximum the maximum size that can be accommodated on this boat. All material and equipment shall be clean and contained.

Obviously dirty or leaking materials and equipment will not be allowed onto the vessel. Care will be taken to prevent spilling or marking of the floor covering of the boats. All cargo will be placed either on a designated tarp, on a non-carpeted area or in improved containers/bins designated as appropriate for loose material. Under no circumstances shall the contractor’s use of the staff boat delay its operating schedule or impact the passenger ferry service.

D. Water Taxi trips outside the service listed above must be arranged and paid for by Contractor including those set up by the contractor directly with Alcatraz Cruises. Do not interfere with Park Concessionaire’s regular ferry schedule. All water taxi runs will need to be posted in advance on the NPS maintained web based calendar.

7.0 Large Scale Transport of Materials and Equipment to Alcatraz Island

A. Contractor is responsible for arranging transport and delivery of materials and equipment to and from the island.

B. All barge runs will need to be posted on a NPS maintained web based calendar.

C. Alcatraz Island Services (AIS), who has the contract to maintain the utilities (power, sewer and water) and restrooms on the island, has a small barge (Landing Craft Model 8 – LCM8) that makes daily runs to the island. It has a crane rated at 2000 lbs and can handle under 5 pallets per trip. Use of the LCM8, costs associated with its use, and availability must be coordinated directly with Alcatraz Island Services.

D. West Star Marine operates a material barge, the same barge that services the Island once a Month using a crane with a maximum lift limit of 10,000 lbs to off-load and take on material. West Star also operates a water taxi service that has been used by other contractors in the past outside of Alcatraz Cruises operating hours, or if Alcatraz Cruises cannot supply a vessel.

E. The Golden Gate National Parks Conservancy operates a monthly barge to meet the operational needs of both the Conservancy and the NPS. Any barge activities that are arranged by the Contractor shall not interfere or conflict with this monthly barge.

1. The Conservancy will allow Contractor limited use of the monthly barge as follows:

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a. Availability will be determined by the Conservancy based on availability of space, time and equipment/personnel limitations.

b. Use of Conservancy barge will be subject to “per lift” fees.

c. Coordinate use of Conservancy barge directly with the Golden Gate National Parks Conservancy a minimum of 1 week prior to barge run.

F. Other arrangements can be made by receiving written permission from the Superintendent’s office and filing the proper insurance papers and bonds.

G. Contacts:

1. Alcatraz Island Services: Aaron Warren 415.559.3126

2. Alcatraz Cruises: Aaron Warren 415-559-3126 for the use of the LCM8.

3. West Star Marine Dispatch: 415.495.3191

H. Coordinate construction efforts with the Contracting Officer such that there is minimal impact to the work of the National Park Service personnel and the visiting public.

8.0 Work Restrictions

A. On-Site Work Hours: Work shall be generally performed during daylight hours through 5 PM, Monday through Friday, except when otherwise indicated.

1. Weekend Hours: No on-site work shall be performed on weekends unless approved in advance by the Contracting Officer. Weekend work is at the discretion of the Contracting Officer and may not be approved.

2. Early Morning Hours: No exterior, on-site work shall be performed before daylight unless approved in advance by the Contracting Officer. Early morning work is at the discretion of the Contracting Officer and may not be approved.

3. Hours for noisy activity: Noisy work activities such as, but not limited to, concrete drilling, cutting, and chipping shall be limited as follows:

a. During Bird Breeding Season noisy work is not permitted on the exterior walls before sunrise without installation of approved sound barriers.

b. Noisy work is not permitted after 9 a.m. without advance approval by Contracting Officer. Approval of noisy work after 9 a.m. is at the discretion of the Contracting Officer.

4. Holiday Work Restrictions: No on-site work shall be performed on national and federal holidays unless approved by the Contracting Officer.

B. Existing Utilities

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1. No potable water is available on the island for construction activities. Contractor is responsible for providing adequate means for delivery and storage of water.

2. Contractor may use public restroom located on the dock.

3. Existing Utilities: Electricity on the island is provided by a solar photovoltaic system, coordinate Contracting Officer regarding activities that require extraordinary electricity demand. Contractor is responsible for providing electricity beyond the capacity of the PV system.

4. The island does not have a telephone land line and limited cellular reception. Contractor is responsible for providing their own phone and data access.

5. Contractor shall be responsible for locating and preventing damage to known utilities. If damage occurs, repair utility at no additional expense to the Government.

6. If damage occurs to an unknown utility, repair utility. An equitable adjustment will be made in accordance with the Changes clause of the contract.

C. Smoking is only permitted at a specified area on the dock.

9.0 Special Construction Requirements

A. Special environmental requirements are in effect during the bird breeding season of approximately February 1 to September 1.

1. No nighttime construction is allowed in exterior spaces.

2. Transport of materials to the island by helicopter is prohibited.

3. Movement of equipment and materials to and from staging areas is restricted to daylight hours to prevent moving lights (i.e., headlights) from disturbing sensitive areas.

4. Reduce night lighting in authorized construction areas to the minimum amount necessary to complete work. Shield lighting and direct downward.

5. Placement, intensity and direction of nighttime lighting are subject to approval of Contracting Officer.

6. The following activities are not permitted:

a. Approaching birds

b. Disturbing or harassing birds

c. Feeding birds

d. Taking of migratory birds or their nests

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B. Alcatraz Island has a severe weather exposure and frequent high winds. The areas of work are subject to tidal changes in water levels.

10.0 Field Verification

Field verify all new and existing dimensions affecting the work of this contract before ordering products.

Do not assume that lengths or openings shown similar on drawings will have identical dimensions.

11.0 Site Specific Health and Safety Plan

The contractor shall provide a Site Specific Health and Safety Plan for review and approval before the start of any onsite work. Please see Exhibit F, Guidance on Site Specific Safety Plans for Contracted Work from the NPS Park Safety Office.

12.0 Delivery

Contractor will work directly with the on-site COR (Project Manager) for details, and will provide daily in-person, phone or email reports on progress.

Contractor will factor in all costs in bid including boat transport of staff and materials.

13.0 Government-Furnished Property

No government property will be furnished.

14.0 Security

Provide all workers with photo identification badges. See Exhibit G, Contractor Badge Template

15.0 Place of Performance

All installation work will occur on Alcatraz Island, within the Golden Gate National Recreation Area in San Francisco, CA. in the area of the fixed wharf and adjacent finger pier. Alcatraz Island experiences high visitation, and includes wildlife concerns. In addition, the island is protected as a National Historic Landmark District.

The fixed wharf will be open to the public, and the finger pier open to select NPS and contractor staff during construction. Contractor shall at all times conduct his operations to ensure the least inconvenience to the public.

16.0 Period of Performance

Work must be complete by March 15, 2022.

Contractor shall determine dates of construction in conjunction with the Contracting Officer following award.

17.0 EXHIBITS

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Exhibit A, ALCA Bird Exclusion Installation Locations

Exhibit B, Existing Conditions Photos

Exhibit C, Area of Netting Installation, North View

Exhibit D, Area of Netting Installation, West View

Exhibit E, Finger Pier Section Detail

Exhibit F, Guidance on Site Specific Safety Plans for Contracted Work

Exhibit G, Contractor Badge Template

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Section D - PACKAGING AND MARKING

(End of Packaging and Marking)

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Section E - INSPECTION AND ACCEPTANCE

The following clause is incorporated by reference:

Clause Title Date

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984

(End of Inspection and Acceptance)

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Section F - DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

The contract shall commence from date of award through through completion of work, not later than March 15, 2022.

F.2.0 PROGRESS PLAN

At the prework conference, the Contractor shall provide to the COR a written "work progress plan" that details its proposed work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable to the Government. At a minimum, the schedule must reflect a work progress rate equal to the available amount of contract performance time.

The following clause is incorporated by reference:

52.242-15 STOP WORK ORDER AUG 1989

(End of Deliveries or Performance)

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Section G - CONTRACT ADMINISTRATION DATA

The following local clauses are provided in full text:

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING

PLATFORM (IPP) (APR 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

1. Invoice billed according to contract line items and rates.

2. If partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.

3. If final payment is billed, the last invoice shall state “FINAL”.

4. Contractor’s Release of Claims shall be submitted with the final invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contract (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

(End of Contract Administration Data) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

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Section H - SPECIAL CONTRACT REQUIREMENTS

1.0 RESERVED.

2.0 ENVIRONMENTAL INTERRUPTION OF WORK

2.1 Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for all environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions.

The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

3.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

3.1 Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

3.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the Contracting Officer immediately in writing giving the location and nature of the findings.

3.3 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.

3.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

4.0 ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor

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5.0 HAZARDOUS MATERIALS

Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry.

Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.

Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR 1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

6.0 GREEN PROCUREMENT REQUIREMENTS

In the performance of this service or construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, if applicable:

• U.S. EPA Comprehensive Procurement Guidelines published at www.epa.gov/cpg/products.htm.

• USDA Biobased product listings published at www.biopreferred.gov.

• Energy Star® product listings published at www.energystar.gov/products.

• FEMP Low Standby Power product listings published at http://energy.gov/eere/femp/covered-product-categories

Contractor shall comply with all reporting requirements stated in the applicable clause(s):

• 52.223-1 Biobased Product Certification

• 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction

Contracts

• 52.223-4 Recovered Material Certification

• 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items

• 52.223-15 Energy Efficiency in Energy Consuming Products

• 52.223-17 Affirmative Procurement of EPA Designated Items in Service and Construction

Contracts

7.0 RESTORATION OF RESOURCES

http://www.epa.gov/cpg/products.htm http://www.bioprefferd.gov/ http://www.energystar.gov/products http://energy.gov/eere/femp/covered-product-categories

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7.1 Cleanup - The Contractor is responsible for cleaning up all camp and worksites before leaving the area. Final payment or other alternative deemed feasible may be withheld until the Contractor has complied with this requirement.

7.2 Site and Access Roads – Site and public or private access roads damaged by the Contractor shall be restored to the same condition they were in at the commencement of work, at the expense of the Contractor.

8.0 UNAUTHORIZED PERSONNEL

The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area;

excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

(End of clause)

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Section I - CONTRACT CLAUSES

The following provision is incorporated by reference:

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

The following clauses are incorporated by reference:

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.209-2 PROHIBITION ON CONTRCTING WITH INVERTED

DOMESTIC CORPORATIONS - REPRESENTATION

NOV 2015

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS CONTRACTORS

DEC 2013

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

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

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

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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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 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048610 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063244 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050674

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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.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050705 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_212_5

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(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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(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.

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

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items. (Sep 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(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.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

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__ (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 (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C.

657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

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__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Representation (Sep 2021) (15 U.S.C.

632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C.

637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul…