Combined Synopsis and Solicitation.pdf

US Army Corps of Engineers St. Louis District

Dam Sewage Grinder Pump Supply and Rehabilitation

Melvin Price Lock & Dam Rivers Project Office

#1 Lock and Dam Way East Alton, IL 62024

COMBINED SYNOPSIS & SOLICITATION

W912P920R0046

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, "Streamlined Procedures for Evaluation and Solicitation for Commercial Items," as supplemented with additional information included in this notice.

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

Solicitation Number: W912P920R0046

This solicitation is issued as a Request for Quotation.

The solicitation document and incorporated provisions and clauses are those in effect through the date of posting.

This solicitation is set-aside for total small businesses associated with North American Industrial Classifications System (NAICS) code 333914, size standard 750 employees.

Please provide a completed copy of the provision at 52.212-3, Offeror Representations and Certifications

– Commercial Items with your offer.

QUESTIONS are due to Contract Specialist, Whitney Dee via email at whitney.r.dee@usace.army.mil by 10:00am CST, 20 April 2020.

CAGE Code: ______________________

DUNS Code: ______________________

Offeror Name: ___________________________________________________________

Offeror Signature: ________________________________________________________

Date of Offer: ______________________

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 60 dys. ADC 1 RIVERS PROJECT OFFICE

KAREN WATWOOD

US ARMY ENGR DIST ST LOUIS

301 RIVERLANDS WAY

WEST ALTON MO 63386-1704

636 899-0055 FOB: Destination

966488

0002 60 dys. ADC 1 (SAME AS PREVIOUS LOCATION) FOB: Destination

966488

0003 60 dys. ADC 1 (SAME AS PREVIOUS LOCATION) FOB: Destination

966488

0004 60 dys. ADC 2 (SAME AS PREVIOUS LOCATION) FOB: Destination

966488

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government

SCOPE OF WORK

Rivers Project Office F.E. Myers Grinder Pump Supply & Rehabilitation

SECTION 1 - GENERAL

1. General. The work provided for herein consists of furnishing all plant, labor, materials, and equipment required for removal, inspection and rehabilitation, reinstallation, and testing of

Sewage Grinder Pumps as specified herein. Contractor shall inspect, make repairs, and replace components as specified herein and as referenced below.

2. Omissions. This scope of work may duplicate or not cover all specified activities, steps, and/or procedures required to accomplish work. In case of omission, the normal industry standards, practices, specifications and/or guidelines shall prevail.

3. Contracting Officer. The term "Contracting Officer" shall mean the person executing this contract on behalf of the Government, and any other officer or civilian employee who is properly designated Contracting Officer; and the term shall include, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of their authority.

4. Work Period. Requirement must be performed and completed within 60 calendar days from date of Contract Award.

5. Government Technical Representative. The government point of contract for this action shall be Ethan Engerski, Facility Operations Specialist, Phone: 314-488-4327, Email:

ethan.r.engerski@usace.army.mil

SECTION 2 – SAFETY

1. Safety. The Contractor shall perform all work in accordance with safety requirements set forth in Corps of Engineers' Manual, EM 385-1-1, entitled "Safety and Health Requirements Manual", updated 30 NOV 2014 copies online at https://intranet.usace.army.mil/mvd/mvs/soh/Documents/EM%20385-1-1/EM_385-1- 1%20(as%20of%2011-30-2014).pdf The contractor shall be responsible for complying with the current edition and all changes posted on the web.

SECTION 3 - SECURITY

1. Security Requirements: Contractor personnel performing work under this contract are responsible for applicable security requirements at time of the proposal submission and must maintain the level of security required for the life of the contract. The following requirements shall be implemented and adhered to throughout the life of the contract:

a. AT Level I Training: All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html.

b. For Access and General Protection Policy and Procedures. All Contractors and sub-contractor employees shall comply with installation and facility access guidelines and rules as stated herein. Contractor workforce must comply with all personal identity verification requirements as directed by Department of Defense, Department of the Army, St. Louis District and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in Contractor security matters or processes.

c. Suspicious Activity Reporting Training. The contractor and all associated sub-contractors shall receive a brief/training (provided by the COR) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

d. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

e. Pre-screen employees using E-Verify Program: The Contractor must pre-screen employees using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the employee has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible employee must be provided to the COR no later than 3 business days after the initial contract award.

SECTION 4 - GOVERNMENT FURNISHED PROPERTY AND SERVICES

1. General. The Government will supply to the Contractor, for use only in connection with this contract, the following pumps:

2 EA - WG 50-43-25 Grinder Pumps, 460 Volt, Three Phase, 5HP - Intermediate Lift Station 1 EA - WG 30-43-25 Grinder Pumps, 460 Volt, Three Phase, 3HP - Crowes Nest Lift Station* 2 EA - WG 50-43-25 Grinder Pumps, 460 Volt, Three Phase, 5HP - Visitors Center Lift Station 2 EA - WG 50-43-25 Grinder Pumps, 460 Volt, Three Phase, 5HP - Picnic Area Lift Station

Contractor shall be responsible for removing pumps from the government facility and transporting pumps to the Contractor’s facility for all work to take place, as well as reinstallation of pumps after service is complete. NOTE: For pumps located on the Intermediate Lift Station, the government will provide crane support to assist in pulling pumps for the Contractor. Pumps located at the Crow’s Nest Lift Station are not accessible by crane, and must be removed another way.

*The Crow’s Nest lift station pumps are scheduled to be replaced with WG 50-43-25 Grinder Pumps, per the bid schedule. This location currently has only 1 pump in service. After removing this pump, the contractor shall dispose of it per all federal, state, and local previsions.

SECTION 5 - CONTRACTOR FURNISHED PROPERTY/MATERIALS/EQUIPMENT

1. General. Unless otherwise stated, the Contractor shall furnish and maintain all sufficient equipment, materials, and supplies suitable to perform the work.

2. Equipment, materials and supplies will be furnished by the Contractor. All property, materials, and equipment used in the performance of this contract shall be size and type to comply with the requirements of this contract. The Contractor shall furnish all equipment, materials, supplies, and property necessary to perform the required services with the exception of the Government furnished property and equipment as listed above.

3. Temporary Service. A maximum of 1 pump per pit shall be removed at a time for rehabilitation. The Contractor shall be responsible for ensuring the remaining pump not removed for service is hooked up to handle the regular sewage load until the other pump is reinstalled for service. For locations where only 1 pump is present in a pit, the Contractor shall provide a pump for temporary service during repairs of the permanent pump.

4. Contractor and Pump Requirements. The contractor shall be capable of performing work on

F.E. Myers Grinder Pumps, and show proof of their capability (previous job contracts, etc.).

SECTION 6 – DESCRIPTION OF WORK

1. General. The work provided for herein consists of furnishing all plant, labor, materials, and equipment required for removal, rehabilitation, testing, and reinstallation of F.E. Myers Pumps as specified herein. All pumps shall be repaired to fully serviceable condition per manufacturer’s specifications.

a. Rehabilitation. The contractor shall replace grinder impellers and shredding rings, and inspect pumps for any other deficiencies, including but not limited to motor windings, mechanical seals, bearings, o-rings, gaskets, etc. Any items found to be deficient shall be replaced, and all replacement components shall be compatible with the pump model and shall be as recommended or required by the manufacturer of the pumps. All repairs shall be completed in accordance with the Manufacturers procedures and recommendations.

b. The Contractor shall inspect the pumps for any other deficiencies. If deficiencies are found, the Contractor shall notify the COR via phone and email within 24 hours of discovering deficiencies, and include a comprehensive report that includes the cost of repairs broke down for individual pumps into sufficient detail for review by the government. The Contractor shall not proceed with repairs until given permission from the COR.

c. The Contractor shall clean housing and other parts as necessary in order to prepare surface for paint and/or remove corrosion or other deposits. The Contractor shall paint the pump units IAW manufacturer specification.

d. The Contractor shall assemble, seal and test the pumps after repair to ensure proper operation. Test reports or certifications indicating pumps are fully operational shall be submitted to the Government prior to final acceptance.

e. When pump repairs are complete, they shall be brought back and reinstalled into their respective locations. After installation, pump functionality shall be demonstrated by turning the pump on and showing it reducing the water levels.

2. New Pumps. The contractor shall supply a quantity of 2 Each New, Unused F.E. Myers WG 50-43-25 Grinder Pumps, 460 Volt, Three Phase, 5HP. Pumps shall be exactly the same as the other pumps being removed, inspected, and repaired. Documentation shall be provided prior to installation showing that pumps are new and unused. Pumps shall be installed into the Crow’s Nest Lift Station pit per manufacturer’s specifications and recommendations.

After installation, pump functionality shall be demonstrated by turning the pump on and showing it reducing the water levels.

QUANTITY UNIT UNIT PRICE AMOUNT

BID SCHEDULE

ITEM NO SUPPLIES/SERVICES

0001 1 Job

F.E. Myers W.G. 50-43-25

FFP

Grinder Pumps Rehabilitation (IL Esplanade Location)

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job F.E. Myers W.G. 50-43-25

FFP

Grinder Pumps Rehabilitation (Mel Price Lot Location)

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

0003 1 Job F.E. Myers W.G. 50-43-25

FFP

Grinder Pumps Rehabilitation (I-Wall Location)

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD

0004 2 Each F.E. Myers W.G. 50-43-25

FFP

Grinder Pumps Procurement/Installation (Crow’s Nest Location)

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD

BID SCHEDULE NOTES

NOTE 1: All prices must be on a firm basis.

NOTE 2: Legend for Unit of Measure Abbreviations.

JB = Job

NOTE 3: Quality of Articles, Materials and Equipment.

Articles, materials, and equipment to be incorporated into the work under the contract shall be new and unused unless otherwise specified. All materials, supplies or articles required in the work shall be suitable size and type for the intended use. Tests of these items may be required, but such items will be subject to the approval of the Contracting Officer. Testing if necessary shall be in conformity with approved modern methods for the particular items and class of work. Except as otherwise provided, all costs of all tests, exclusive of the expenses of the Contracting Officer, shall be borne by the Contractor and no separate payment will be made therefore.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror JUL 2016 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.204-22 Alternative Line Item Proposal JAN 2017 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Items MAR 2020 52.212-2 Evaluation - Commercial Items OCT 2014 52.212-3 Offeror Representations and Certifications--Commercial

Items

MAR 2020

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021)

MAR 2020

52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003).

MAR 2020

52.219-28 Post-Award Small Business Program Rerepresentation MAR 2020 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

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

MAY 2016

252.211-7003 Item Unique Identification and Valuation MAR 2016 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

CLAUSES INCORPORATED BY 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'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.--

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

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

destination.

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

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

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

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

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

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

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

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

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Reserved.

(u) Unauthorized Obligations.

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

1341), the following shall govern:

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

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

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

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

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

(End of Clause)