BBG50-Q-15-0048.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDEX

1. REQUEST NO.

BBG50-Q-15-0048

2. DATE ISSUED

06/09/2015

3. REQUISITION/PURCHASE REQUEST NO.

1089-15-IQ-00031

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

Broadcasting Board of Governors Office Of Contracts 330 C Street SW Room 4300 Washington, DC 20237

5a. ISSUED BY 6. DELIVER BY (date) 07/06/2015

7. DELIVERY

OTHER

(See Schedule)FOB DESTINATION X

9. DESTINATION

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

a. NAME OF CONSIGNEE Broadcasting Board of Governors

NAME

See Text

TELEPHONE NUMBER

AREA CODE NUMBER

Ext.:

8. TO:

Greenville Transmitting Station Transmitter Plant B 3919 VOA Site B Rd

b. STREET ADDRESS

c. CITY Grimesland

a. NAME b. COMPANY

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE d. STATE

NC

e. ZIP CODE 27837

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

06/24/2015 02:00:00

IMPORTANT: This is a request for information, and quotations furnished are not officers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service.

Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

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

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

See Lines

12. DISCOUNT FOR PROMPT PAYMENT

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

NUMBER PERCENTAGE

NOTE: Additional provisions and representations [ X ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

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

Document Number: BBG50-Q-15-0048 Page 1 of 21

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs C Descriptions/Specifications/Statement of Work D Packaging and Marking E Inspection and Acceptance F Deliveries or Performance G Contract Administration Data H Special Contract Requirements I Contract Clauses

52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.217-8 Option to Extend Services (Nov 1999)

J List of Attachments L Instructions, Conditions and Notices to Offerors or Respondents M Evaluation Factors for Award

Document Number: BBG50-Q-15-0048 Page 2 of 21

Section B - Supplies or Services and Prices/Costs

Number Supplies or Services Quantity Unit Unit Price Total ( Inc. disc., tax, and fees)

1 Services 1.000000 YR

Period of Performance: 07/06/2015 - 12/31/2015

Description: IGF::OT::IGF Contract, Five (5) Year, Services, Ground Maintenance and Landscaping Services at the Edward R. Murrow Transmitting Station.

Services in accordance with attached Statement of Work and Schedule B.

Base Year, 07/06/2015 through 12/31/2015 to Include:

Reference Line: 1089-15-IQ-00031 - 0

2 Services 1.000000 YR

Period of Performance: 01/01/2016 - 12/31/2016

Description:

Contract, Five (5) Year, Services, Ground Maintenance and Landscaping Services at the Edward R. Murrow Transmitting Station.

Services in accordance with attached Statement of Work and Schedule B.

Option Year One (1), 01/01/2016 through 12/31/2016 to Include:

Reference Line: 1089-15-IQ-00031 - 0

3 Services 1.000000 YR

Period of Performance: 01/01/2017 - 12/31/2017

Description:

Contract, Five (5) Year, Services, Ground Maintenance and Landscaping Services at the Edward R. Murrow Transmitting Station.

Services in accordance with attached Statement of Work and Schedule B.

Option Year Two (2), 01/01/2017 through 12/31/2017 to Include:

Reference Line: 1089-15-IQ-00031 - 0

4 Services 1.000000 YR

Period of Performance: 01/01/2018 - 12/31/2018

Description:

Contract, Five (5) Year, Services, Ground Maintenance and Landscaping Services at the Edward R. Murrow Transmitting Station.

Services in accordance with attached Statement of Work and Schedule B.

Option Year Three (3), 01/01/2018 through 12/31/2018 to Include:

Lawn Maintenance (Mowing), 36 Events @ $300.00/Event $10,800

Fence Line/Roadway Edging, 3 Events @ $500.00/Event $1500

Hedge/Bed Maintenance, Quarterly (3 Events) @ $450.00/Event $1,350

Landscaping Services (TBD), Estimate $2000

ESTIMATED SERVICES: $15,650.00, CONTINGENT ON FUNDING AVAILABILITY

Reference Line: 1089-15-IQ-00031 - 0

Document Number: BBG50-Q-15-0048 Page 3 of 21

Number Supplies or Services Quantity Unit Unit Price Total ( Inc. disc., tax, and fees)

5 Services 1.000000 YR

Period of Performance: 01/01/2019 - 12/31/2019

Description:

Contract, Five (5) Year, Services, Ground Maintenance and Landscaping Services at the Edward R. Murrow Transmitting Station.

Services in accordance with attached Statement of Work and Schedule B.

Option Year Four (4), 01/01/2019 through 12/31/2019 to Include:

Reference Line: 1089-15-IQ-00031 - 0

IDC Constraints Line Item

Line Number Minimum Quantity Minimum Amount Maximum Quantity Maximum Amount

1 0.000000 0.000000

2 0.000000 0.000000

3 0.000000 0.000000

4 0.000000 0.000000

5 0.000000 0.000000

Services and Prices

SECTION B

SCHEDULE OF SERVICES

PRICE SCHEDULE

1. Base Year Pricing, July 6, 2015 through December 31, 2015.

Grounds Maintenance Services in accordance with the Scope of Work contained herein for the Edward R. Murrow Transmitting Sta-tion.

Line Description Cost/ Event

# Events Annual Cost

001 Lawn Maintenance (Mowing), (B-Site) $ 25 $ 002 Fence line/Roadway Edging, (B-Site) $ 2 $ 003 Hedge/Bed Maintenance, (B-Site), Quarterly $ 2 $

004 Landscaping Services Labor Costs $ /HR TBD

TOTAL BASE

PERIOD COSTS

2. Option Year 1 Pricing, January 1, 2016 through December 31, 2016.

Grounds Maintenance Services in accordance with the Scope of Work contained herein for the Edward R. Murrow Transmitting Sta-tion.

Line Description Cost/ Event

# Events Annual Cost

001 Lawn Maintenance (Mowing), (B-Site) $ 36 $ 002 Fence line/Roadway Edging, (B-Site) $ 3 $ 003 Hedge/Bed Maintenance, (B-Site), Quarterly $ 3 $

004 Landscaping Services Labor Costs $ /HR TBD

Document Number: BBG50-Q-15-0048 Page 4 of 21

TOTAL BASE

PERIOD COSTS

3. Option Year 2 Pricing, January 1, 2017 through December 31, 2017.

Grounds Maintenance Services in accordance with the Scope of Work contained herein for the Edward R. Murrow Transmitting Sta-tion.

Line Description Cost/ Event

# Events Annual Cost

001 Lawn Maintenance (Mowing), (B-Site) $ 36 $ 002 Fence line/Roadway Edging, (B-Site) $ 3 $ 003 Hedge/Bed Maintenance, (B-Site), Quarterly $ 3 $

004 Landscaping Services Labor Costs $ /HR TBD

TOTAL BASE

PERIOD COSTS

4. Option Year 3 Pricing, January 1, 2018 through December 31, 2018.

Grounds Maintenance Services in accordance with the Scope of Work contained herein for the Edward R. Murrow Transmitting Sta-tion.

Line Description Cost/ Event

# Events Annual Cost

001 Lawn Maintenance (Mowing), (B-Site) $ 36 $ 002 Fence line/Roadway Edging, (B-Site) $ 3 $ 003 Hedge/Bed Maintenance, (B-Site), Quarterly $ 3 $

004 Landscaping Services Labor Costs $ /HR TBD

TOTAL BASE

PERIOD COSTS

4. Option Year 4 Pricing, January 1, 2019 through December 31, 2019.

Grounds Maintenance Services in accordance with the Scope of Work contained herein for the Edward R. Murrow Transmitting Sta-tion.

Line Description Cost/ Event

# Events Annual Cost

001 Lawn Maintenance (Mowing), (B-Site) $ 36 $ 002 Fence line/Roadway Edging, (B-Site) $ 3 $ 003 Hedge/Bed Maintenance, (B-Site), Quarterly $ 3 $

004 Landscaping Services Labor Costs $ /HR TBD

TOTAL BASE

PERIOD COSTS

Section C - Descriptions/Specifications/Statement of Work

Statement of Work

Document Number: BBG50-Q-15-0048 Page 5 of 21

Edward R. Murrow Transmitting Station Scope of Work

Grounds Maintenance and Landscaping Services

C.1 SCOPE OF WORK

The Contractor shall furnish grounds maintenance service, and all equipment and supplies to accomplish the task, at Government-owned compounds at the Broadcasting Board of Governors, International Broadcasting Bureau transmitting facility located at 3919 VOA Site B Road, Grimesland.

(a) Overview

The services required under this contract will commence on or about the first day of January and end on the last business day of December of each year.

All work performed by the contractor shall be performed Monday through Friday between the hours of 0700-1530, excluding federal holidays.

1. Compound Maintenance (See services prescribed in Paragraphs (b)-(f) below.

i. Compound Maintenance routines shall be performed commencing on the first day of March and end on the last day of November of each year.

ii. During this time period of lawn maintenance, services will be provided once a week.

iii. The grass will be cut to a minimum height of 1.5 inches. Services required outside of the contract time period will be provided when requested. If weather conditions are such that grass needs less frequent cutting, the Facilities Manager will contact the contract-or to arrange an alternate schedule.

iv. Grass clippings, to the extent that they do not cover the lawn or look unsightly may be left where they fall. If sufficient to affect the growth of the grass or look unsightly, they shall be removed as needed. Acceptable level of clippings shall be at the sole discretion of the appointed COR. Clippings that are removed from the lawn must be removed from the site for proper disposal.

v. Discharge from all mowing shall be away from all cooling system heat exchangers, both air conditioning and transmitter. Profes-sional cleaning of heat exchangers shall be the responsibility of the contractor should proper discharge procedures not be followed and subsequent clogging of said heat exchangers occurs.

vi. Trimming around buildings, light posts, and other appurtenances shall be accomplished each time the grass is cut.

2. Landscaping Services (refer Paragraph (g)

i. Landscaping activities, as shall be available and performed commencing on the first day of March and end on the last day of Feb-ruary of each year.

ii. The Landscaping segment of this contract shall be addressed through modifications to the base Compound Maintenance contract.

iii. All Landscaping activities shall be negotiated to firm fixed price activities by the Contractor, COR and Contracting Officer using the fixed labor rates as prescribed in the Contractor’s Schedule B proposal.

(b) Lawn Maintenance

(1) The following areas at each site will require periodic mowing:

All grass areas within fenced building compound. This area consist of approximate 8.2 acres inclusive of building and roadway areas.

(2) A strip five feet wide along outside edge of building compound fence.

(3) A strip five feet wide or the distance from the access road to the bottom of the drainage ditch along both shoulders of site access roads between building compound gate and state road.

(4) An area extending ten feet out from the sewage disposal building and sand leaching bed.

Document Number: BBG50-Q-15-0048 Page 6 of 21

(5) An area extending ten feet out from the microwave building and building fence and five feet from each edge of the road leading to the microwave building

(6) The area extending at least ten feet around the guardhouse and visitor parking area.

(7) The area extending at least ten feet around the sign at the entrance.

(c) Sidewalks and Compound Roads

Sidewalks and all roadways and parking lots inside the fenced compound and the visitors parking area by the guardhouse, shall be edged with a power edger 1-1/2" below surface grade. Overgrowth on roadways or parking lots shall be removed.

(1) Edging is to be accomplished twice a year and overgrowth is to be removed whenever it encroaches on the roadway.

(2) Sidewalks and other designated areas shall be cleaned of grass clippings or lawn debris each time the grass is cut. No tire marks on sidewalks from lawn care tractors or mowers are permissible. All marks are to be removed by contractor prior to departing the work site.

(3) Sidewalk cracks; concrete patios and any area that has grass and/or weeds growing up through it may be sprayed with the herbi-cide. The debris will be removed on a weekly basis.

Section D - Packaging and Marking

Packaging and Marking

PART 1

THE SCHEDULE

SECTION D - PACKAGING AND MARKING

D.1 PACKING

Preservation, packaging and packing for shipment of all deliverables hereunder shall be in accordance with standard commercial prac-tices and adequate to insure acceptance by common carrier and safe transportation at the designated location cited in the contract.

D.2 MARKING

All shipping packages shall be marked with the following minimum markings:

(a) contract number

(b) brief description of items

(c) Contractor’s name and delivered to the following address:

International Broadcasting Bureau Edward R. Murrow Transmitting Station 3919 VOA Site B Road Grimesland, NC 27837

Attn: Mr. Willie Briley, COR

(End of Section D)

Section E - Inspection and Acceptance

Acceptance

Document Number: BBG50-Q-15-0048 Page 7 of 21

FINAL INSPECTION AND TESTING

The contractor shall give the IBB at least two (2) calendar days advance notice of the date that all work will be fully completed and ready for Final Inspection.

FINAL ACCEPTANCE

“Final Acceptance” of work will be performed at the job location after all work specified herein has been fully completed and all “punch-list” items have been fully corrected by the Contractor. The Government’s “Final Acceptance” will be in writing by the Con-tracting Officer or her designated representative.

(End of Section E)

Section F - Deliveries or Performance

PERIOD OF PERFORMANCE

ITEM START END

1 07/06/2015 12/31/2015

2 01/01/2016 12/31/2016

3 01/01/2017 12/31/2017

4 01/01/2018 12/31/2018

5 01/01/2019 12/31/2019

Deliveries and Performance

52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted:

(1) By an act of the Contracting Officer in the administration of this contract, or;

(2) By the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not spe-cified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspen-ded, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjust-ment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed:

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and;

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of clause)

52.247-35 F.O.B. Destination, Within Consignee's Premises. (Apr 1984)

(a) The term "f.o.b. destination, within consignee's premises," as used in this clause, means free of expense to the Government de-livered and laid down within the doors of the consignee's premises, including delivery to specific rooms within a building if so spe-cified.

(b) The Contractor shall-

Document Number: BBG50-Q-15-0048 Page 8 of 21

(1) Prepare Shipments

(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the de-livery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of clause)

PLACE OF DELIVERY OF SUBMITTALS

All submittals required hereunder shall be delivered F.O.B. Destination, Within Consignee's Premises, Grimesland, NC, as that term is defined herein, to the following address:

International Broadcasting Bureau Edward R. Murrow Transmitting Station 3919 VOA Site B Road Grimesland, NC 27837 Attn: Mr. Willie Briley, COR

(End of Section F)

Section G - Contract Administration Data

Contract Administration Data

SECTION G - CONTRACT ADMINISTRATION DATA

AUTHORIZED REPRESENTATIVE OF THE CONTRACTING OFFICER

The contracting Officer will appoint by letter a Representative of the Contracting Officer (COR), who will have the responsibility of ensuring that the work conforms to the requirements of the contract and such other responsibilities and authorities as may be specified in the letter of authorization or this contract. It is understood and agreed, in particular, that the COR shall not have authority to make changes in the scope or terms and conditions of the contract unless and only to the extent that such authority is specified in the letter of authorization or the contract.

THE RESULTANT CONTRACTOR IS HEREBY FOREWARNED THAT, ABSENT THE REQUISITE AUTHORITY OF THE COR TO MAKE ANY SUCH CHANGES, IT MAY BE HELD FULLY RESPONSIBLE FOR ANY CHANGES NOT AUTHOR- IZED IN ADVANCE, IN WRITING, BY THE CONTRACTING OFFICER, MAY BE DENIED COMPENSATION OR OTHER RELIEF FOR ANY ADDITIONAL WORK PERFORMED THAT IS NOT SO AUTHORIZED, AND MAY ALSO BE REQUIRED, AT NO ADDITIONAL COST TO THE GOVERNMENT, TO TAKE ALL CORRECTIVE ACTION NECESSITATED BY REAS-

ON OF THE UNAUTHORIZED ACTIONS.

(End of clause)

SUBMISSION OF INVOICES

Proper invoices, as defined in FAR Clause 52.232-27, Prompt Payment for Construction Contracts Oct 2008, shall be submitted to:

International Broadcasting Bureau Edward R. Murrow Transmitting Station 3919 VOA Site B Road

Document Number: BBG50-Q-15-0048 Page 9 of 21

Grimesland, NC 27837 ATTN: Mr. Willie Briley

CONTRACT ADMINISTRATION

Designate a company official the Government may contact during the period of contract for prompt contract administration:

Name:

Address:

Title:

Telephone No.

(End of Section G)

Section H - Special Contract Requirements

Special Contract Requirements

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PRECONSTRUCTION CONFERENCE

As soon as practicable, but in any event not later than five (5) calendar days after receipt of the Notice-To-Proceed (NTP), the Con-tractor and its principal on-site representative(s) shall meet for a Preconstruction Conference with the Contracting Officer and/or Representative of the Contracting Officer (COR), at the project site at IBB, Edward R. Murrow Transmitting Station or as directed by the COR to discuss and develop a mutual understanding relative to the scheduling of work in, or access to, the existing facilities where work is to be performed at IBB, Edward R. Murrow Transmitting Station under this contract, so that the Contractor's construction schedule is coordinated with the Transmitting Station's operating and security requirements.

SAFETY QUALITY ASSURANCE

During the Preconstruction Conference the Contracting Officer and/or Authorized Representative of the Contracting Officer (COTR), will review the Contractor's safety and health procedures and discuss, in detail, the implementation of measures to be taken in order to control any unsafe or unhealthy conditions associated with the work to be performed under the contract.

INSURANCE

The Contractor shall obtain and maintain during the contract term the following insurance:

(a) General public liability insurance covering all duties, services, and work to be performed hereunder with limits of liability for bodily injury of not less than $100,000 for each person and $500,000 for each occurrence, and property damage liability limits of not less than $20,000 for each accident.

(b) Automobile liability insurance, for any vehicle used by the Contractor's employees in the performance of this contract, with limits of liability for bodily injury of not less than $200,000 for each person and $500,000 for each occurrence, and property damage of not less than $20,000 for each accident.

(c) Worker's compensation and employer's liability insurance for the protection of employees.

The Contractor shall furnish the Contracting Officer with evidence of the above insurance coverage.

All costs of the foregoing insurance coverage shall be paid for by the Contractor.

Document Number: BBG50-Q-15-0048 Page 10 of 21

WORKING HOURS

It is contemplated that all work will be performed between the hours of 7:30 am to 3:30 pm, Monday through Friday with the excep-tion of federal holidays. Work may be performed during other hours and days with prior written permission from the COR or the Sta-tion Manager. The IBB, through the Station Manager, reserves the right to adjust these working hours because of operational require-ments, with no additional compensation to the Contractor.

CONTRACTOR USE OF PREMISES

(a) The International Broadcast Bureau (IBB) will occupy and conduct normal operations at the Edward Murrow Transmitting Sta-tion during the entire performance period of this contract. Any work that could result in disruption of IBB operations by the Contract-or must be coordinated 24 hours in advance with the COR and/or Station Manager.

(b) The Contractor's use of the premises is limited to the area where the work is being performed. Contractor admittance to other areas requires prior approval by the COR and/or Station Manager.

(c) The Contractor shall provide a field office and storage for tools, materials, and equipment. The field office and storage areas shall be weather-tight, with heat and ventilation for products requiring controlled conditions, with adequate space for organized stor-age and access, and lighting for inspection of stored materials.

ELECTRICITY

The Contractor may use reasonable amounts of available electrical power, at 220 volts, for construction purposes. If no power circuits or outlets are available near the work area, the Contractor may, with the approval of the COR, extend the power system for temporary use. Extended power wiring shall comply with all appropriate electrical codes. Any such temporary modification to the building elec-trical system must be removed and electrical facilities restored to their original condition before the completion of the project. Power needs beyond that available at the Station shall be supplied by the Contractor.

SANITARY FACILITIES AND WATER

The Contractor's work force will be permitted to use the existing sanitary facilities on the site. Potable water for limited, reasonable, construction purposes will be provided by the Government, to the extent that the existing plumbing system is reasonably capable of delivering it.

FIRE PROTECTION

The Contractor shall provide fire protection devices during the performance of all work in accordance with U.S. National Fire Protec-tion Association Codes which may be accessed electronically at the internet address:

http://www.nfpa.org/aboutthecodes/list_of_codes_and_standards.asp

PARKING AREAS

Parking is available at the sites parking lots.

SITE SECURITY

(a) The Contractor shall provide an acceptable security program to protect work, existing facilities, and Government operations from unauthorized entry, vandalism, and theft. The Contractor shall coordinate this effort with the Station Manager and the COR.

(b) The Contractor shall provide the names of all of its personnel working on-site to the COR and Station Manager within 5 work-days after issuance of the Notice-To-Proceed by the Government.

(c) The Contractor shall designate an emergency contract official and provide his or her name and emergency after-work-hours telephone number to the COR and Station Manager within five (5) workdays after issuance of the Notice-To-Proceed. The Agency's emergency contact official is the IBB Edward R. Murrow Transmitting Station Manager, Mr. Thomas Moore or Facilities Manager, Document Number: BBG50-Q-15-0048 Page 11 of 21

Mr. Willie Briley. The Edward R. Murrow Transmitting Station emergency telephone number is (252) 752-7181.

(d) The Contractor shall be fully responsible for site security of its materials and work from theft, fire, and vandalism.

(End of Section H)

Section I - Contract Clauses

Commercial Clauses and Provisions

COMMERCIAL ITEMS

Broadcasting Board of Governors

International Broadcasting Bureau (BBG/IBB-CON) Supplemental Terms and Conditions (IBB-999B)

FAR 52.212-4 Contract Terms and Conditions—Commercial Items.

As prescribed in 12.301(b)(3), insert the following clause:

Contract Terms and Conditions—Commercial Items (May 2014)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this con-tract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Gov-ernment 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 exer-cise 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 agree-ment on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

(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

Document Number: BBG50-Q-15-0048 Page 12 of 21

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, includ-ing costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 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 de-mand 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 Acquisi-tion Regulation in effect on the date of this contract.

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

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

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

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

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immedi-ately 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 reason-able charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have res-ulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost prin-ciples 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

Document Number: BBG50-Q-15-0048 Page 13 of 21 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 ac-ceptance, 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 particu-lar 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 regu-lations 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 limita-tions on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

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

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

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

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

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

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requir-ing 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 ap-pearing 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.

Document Number: BBG50-Q-15-0048 Page 14 of 21

(End of clause) Alternate I (May 2014). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance.

The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these du-ties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or cor-rect services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Un-less otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for re-placement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.] (5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replace-ment or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such in-creased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to—

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s ma-nagerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause—

(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are—

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) Materials means—

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(E) Indirect costs specifically provided for in this clause.

(iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct

Document Number: BBG50-Q-15-0048 Page 15 of 21 labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the…