Combined Synopsis Solicitation.pdf

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Upper Colorado Basin Heavy Equipment Rental IDIQ C
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Upper Colorado Basin

Heavy Equipment Rental IDIQ Contract

SOLICITATION NO. 140R4021R0005

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

UPPER COLORADO BASIN

SALT LAKE CITY, UTAH

Solicitation No. 140R4021R0005 – UCB Heavy Equipment Rental IDIQ

IMPORTANT INFORMATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a subsequent written solicitation will not be issued.

The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular 2021-03.

Solicitation number 140R4021R0005 UCB Heavy Equipment Rental IDIQ is issued as a request for proposal (RFP) in accordance with FAR 12.603. This requirement is synopsized/solicited under full and open competition for a performance period of five (5) years.

The applicable NAICS code is 532412 with an associated small business size standard of $35.0M.

Solicitation Closing Date: March 29, 2021

Solicitation Closing Time: 12:00 PM (Mountain Daylight Time)

Only electronic proposals will be accepted and must be received by the Contracting Officer no later than 12:00 PM (MDT) on or before March 29, 2021 to be considered for award.

Electronic proposals must be clearly labeled with the following naming scheme:

*Proposal – Company Name 140R4021R0005 – UCB Heavy Equipment Rental IDIQ Contract*

Electronic proposals must contain the following documents:

Volume I – Representations and Certifications – (1) PDF

Volume II – Technical Proposal – (1) PDF

Volume III – Price Proposal and Sample Delivery Orders – (1) Excel

Note: Please read FAR 52.212-1 and Addendums for required information for proposal submission.

Note: Please read FAR 52.212-2 and Addendums for solicitation evaluation information.

All correspondence regarding this solicitation should reference *UCB Heavy Equipment Rental IDIQ

Solicitation No. 140R4021R0005* in the subject line.

Inquiries regarding this combined synopsis/solicitation should be made to:

Dwane D. Esplin, Contract Specialist / Contracting Officer /Email at desplin@usbr.gov

TABLE OF CONTENTS

Part Title Page

SCHEDULE OF SUPPLIES/SERVICES 1

COMMERCIAL CLAUSES 12

CONTRACT TERMS AND CONDITIONS –COMMERCIAL ITEMS 12

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS

CLAUSES INCORPORATED BY REFERENCE 34

ORDERING 35

ORDERING LIMITATIONS 36

INDEFINITE QUANTITY 36

TASK ORDER AND DELIVERY-ORDER OMBUDSMAN 37

AUTHORIZED DEVIATIONS IN CLAUSES 37

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS 38

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM 38

AUTHORITIES AND DELEGATIONS 39

CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES AND

LIMITATIONS

ASBESTOS-FREE WARRANTY 41

SECURITY REQUIREMENTS – BUREAU OF RECLAMATION 43

2 CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS 52

SOLICITATION PROVISIONS 53

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 53

COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING 55

INSTRUCTIONS TO OFFERORS 59

GENERAL PROPOSAL INSTRUCTIONS 60

TECHNICAL PROPOSAL INSTRUCTIONS 62

PRICING PROPOSAL INSTRUCTIONS 64

CONTRACT TYPE 64

SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR 64

AUTHORIZED DEVIATIONS IN PROVISIONS 64

USE AND DISCLOSURE OF PROPOSAL INFORMATION-DEPARTMENT OF

INTERIOR

NOTICE OF WORLD TRADE ORGANIZATION GOVERNMENT

PROCUREMENT AGREEMENT EVALUATIONS-BUREAU OF

RECLAMATION

EVALUATION-COMMERCIAL ITEMS 66

EVALUATION FACTORS FOR AWARD – LOWEST PRICE TECHNICALLY

ACCEPTABLE SOURCE SELECTION PROCESS

OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL

ITEMS

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

INFORMATION REGARDING RESPONSIBILITY MATTERS 91

CONTINUATION OF SCHEDULE OF SUPPLIES/SERVICES

CONTRACT TYPE

Firm Fixed Price (FFP) – Commercial Supply

Time and Materials (T&M) – Repair Services

Indefinite Delivery/Indefinite Quantity – Pricing for each period below is based on estimated award date of

05/15/2021.

- Base Period – Estimated 05/15/2021 through 05/14/2022

- Ordering Period I – Estimated 05/15/2022 through 05/14/2023

- Ordering Period II – Estimated 05/15/2023 through 05/14/2024

- Ordering Period III – Estimated 05/15/2024 through 05/14/2025

- Ordering Period IV – Estimated 05/15/2025 through 05/14/2026

The total minimum value is $250.00 and the total maximum value of the contract is $15,000,000.00 over the five-year ordering period.

DELIVERY/TASK ORDERS

The contract type for delivery order requirements listed in the contract Statement of Work (SOW) under paragraphs

3.1 and 3.2, are firm-fixed-price. All delivery/task orders shall be issued in accordance with the procedures outlined in FAR 52.216-18 - Ordering. Service Wage Determinations will be a separate attachment to each competed task order based on place of performance.

Each delivery/task order will define the work to be performed, the location of the work, and period of performance.

In addition, each CLIN awarded at the delivery/task order level will be identified as firm-fixed-price or time-and-materials. Per FAR 16.601(d)(2), each task order with elements of time-and-materials will include a ceiling price;

contractors who exceed this ceiling price do so at their own risk.

All post-award delivery/task orders will be awarded in accordance with FAR 16.505(b) Orders under multiple-award contracts.

Only Bureau of Reclamation, Upper Colorado Basin, Contracting Officers can issue delivery/task orders against this contract.

The contractor shall not be compensated for any changes or updates to equipment or the purchase of new equipment for the life of this contract.

PRICING SCHEDULE

The following schedule defines the line item(s) and pricing for each of the contract years of this contract:

(a) Definitions:

(1) CLIN – Contract Line Item Number

(2) FR – Frequently Required Equipment. Historically represents approximately 60% of

PAO FA rental expenditures.

(3) MR – Moderately Required Equipment. Historically, represents approximately 30% of PAO FA rental expenditures.

(4) RR – Rarely Required Equipment. Historically, represents 10% of PAO FA rental expenditures

Force Account crews work a schedule consisting of 10 days on, followed by 4 days off. This amounts to 20 working days per month (4 weeks). Consequently, the monthly (4-week) rate shall only include 20 working days. For delivery orders greater than 1-month (4 weeks) that include a partial month, contractor shall prorate the partial month at the monthly (4 week) rate. For delivery orders less than 1 month (4 weeks), contractor shall prorate the partial week at the weekly rate. Formulas for calculating prorated amounts are shown below:

Monthly Prorate = ( 𝑀𝑜𝑛𝑡ℎ𝑙𝑦 𝑟𝑎𝑡𝑒

20 𝑑𝑎𝑦𝑠 ) × (𝑛𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 𝑑𝑎𝑦𝑠) Weekly Prorate = (

𝑊𝑒𝑒𝑘𝑙𝑦 𝑟𝑎𝑡𝑒

5 𝑑𝑎𝑦𝑠 ) × (𝑛𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 𝑑𝑎𝑦𝑠)

Freight Cost shall include cost per mile for delivery and pick-up (up to 300 miles each way) of all equipment, except in cases as described in paragraph 2.1 of the PWS. For purposes of this solicitation, offerors shall enter their proposed fully burdened rate (e.g. direct labor, indirect costs, applicable taxes, profit, etc.) for each CLIN, in all of the five (5) contract years, on the following pages:

CLIN

Item Frequency FFP or T&M ($)/Mile ($)/Week ($)/Month

001 FR FFP

002 FR FFP

003 FR FFP

004 FR FFP

005 FR FFP

006 FR FFP

007 RR FFP

008 RR FFP

009 FR FFP

010 FR FFP

011 MR FFP

012 MR FFP

013 MR FFP

014 MR FFP

015 MR FFP

016 MR FFP

017 MR FFP

018 RR FFP

019 RR FFP

020 RR FFP

021 RR FFP

022 RR FFP

023 RR FFP

024 RR FFP

025 MR FFP

026 FR FFP

027 FR FFP

028 FR FFP

029 RR FFP

030 RR FFP

031 RR FFP

032 RR FFP

033 RR FFP

034 RR FFP

035 RR FFP

Description

Cat 623K Elevating Scraper, or Equal

Base Period

Cat 627K Open Bowl Scraper,, or Equal

Cat 745 Articulated Rock Truck, or Equal

CAT 120 Motor Grader, or Equal

CAT 140M AWD Motor Grader, or Equal

CAT 140M AWD Trimble Tech Ready Motor Grader, or Equal

2000 Gal Water Truck. Salient Characteristics

4000 Gal Water Truck. Salient Characteristics, or Equal

54” Krypto Klaw Bucket and Thumb Excavator Attachment

Thompson 6’ Trailer Mounted Trash Pump or Equal

Cat 613 Water Wagon, or Equal

Cat 611 Water Wagon, or Equal

CAT D8T Dozer, or Equal

D6N Dozer, V-Pat Blade

Cat 305E CR Excavator, or Equal

Cat D4K Dozer, or Equal

Cat D5K LGP Dozer, or Equal

CAT D6T LGP Dozer, or Equal

Cat D6T Dozer, Trimble Tech Ready

CAT D7E Dozer, or Equal

Cat D5K Dozer, or Equal

Blade Rake to fit D6T Dozer

Cat 740 Articulated Rock Truck, or Equal

Cat 621 Water Wagon, or Equal

Cat 735 Articulated Rock Truck, or Equal

Cat 730 Articulated Rock Truck, or Equal

Cat 725 Articulated Rock Truck, or Equal

Dump Truck 6yd. Salient Characteristics

Dump Truck 10yd., or Equal

John Deere 250 D 5,000 gallon Water Truck, or Equal

John Deere 300 D 6,000 gallon Water Truck or Equal

John Deere 400 D 8,000 gallon Water Truck, or Equal

12000 gal Stand Tank, or Equal

Cat 308CR Excavator, or Equal

Cat 312EL Excavator, or Equal

Item Frequency FFP or T&M ($)/Mile ($)/Week ($)/Month Description

Base Period

036 FR FFP

037 MR FFP

038 FR FFP

039 RR FFP

040 RR FFP

041 RR FFP

042 MR FFP

043 MR FFP

044 MR FFP

045 RR FFP

046 RR FFP

047 FR FFP

048 RR FFP

049 RR FFP

050 RR FFP

051 MR FFP

052 MR FFP

053 RR FFP

054 RR FFP

055 RR FFP

056 RR FFP

057 MR FFP

058 MR FFP

059 MR FFP

060 RR FFP

061 RR FFP

062 MR FFP

063 RR FFP

064 RR FFP

065 FR FFP

066 FR FFP

067 FR FFP

068 RR FFP

069 RR FFP

070 RR FFP

071 MR FFP

072 MR FFP

073 MR FFP

074 N/A FFP

075 N/A T&M

076 N/A T&M

077 N/A FFP

078 N/A FFP

Multiquip DCA70USI Generator, or Equal

Cat CS56 Vibratory Roller, or Equal

Cat 815 Soil Compactor, or Equal

Cat 825 Soil Compactor, or Equal

Wacker RT82 Trench Compactor, or Equal

Cat 246 Skid Steer Loader, or Equal

Cat 272 Skid Steer Loader, or Equal

Cat 315CR Excavator, or Equal

Cat 320EL RR Excavator, or Equal

CAT 325FL CR Excavator, or Equal

Cat 325FL CR Excavator, or Equal Trimble Tech Ready

Cat 249 Compact Track Loader, or Equal

Cat 330FL Excavator, or Equal

Cat 336FL Excavator, or Equal

Cat CS44 Vibratory Roller, or Equal

Cat 349 FL Excavator, or Equal Trimble Tech Ready

Cat 326 FL Long Reach Excavators, or Equal

Cat 938 Wheel loader, or Equal

Cat 950 Wheel loader, or Equal

Specialty Re-Rent Equipment or Unlisted Specialty Equipment

Mechanic and Field Service (Cost/Hour)

Cat CP34 Vibratory Roller, or Equal

Cat CP44 Vibratory Roller, or Equal

Cat CP56 Vibratory Roller, or Equal

Cat CS34 Vibratory Roller, or Equal

MS12 Material Separator, or Equal

4 x 1,000 Watt, 30' height, Manual Mast Light Tower, Trailer Mounted

Thumb Attachment Option for Excavators (in percent of carrier equipment rate)

Hydraulic Hammer Option for Excavators (in percent of carrier rate)

Mechanic and Shop Service (Cost/Hour)

Equipment Damage

CAT 982 Wheel loader, or Equal

Multiquip DCA45USI Generator, or Equal

CAT 972 Wheel loader, or Equal

CAT 349 DL Excavator, or Equal

Initial Contract Kick-off Meeting $250.00

CAT 966 Wheel loader, or Equal

Cat 279 Compact Track Loader, or Equal

Cat 299 Compact Track Loader, or Equal

Multiquip DCA25USI Generator, or Equal

To Be Negotiated on an Order Level Basis

Fully Burdened Hourly Rate $

Fully Burdened Hourly Rate $

To Be Negotiated on an Order Level Basis

Multiquip DCA125USI Generator, or Equal

Cat TL642 Telescopic Handler, or Equal

Cat TL1055 Telescopic Handler, or Equal

101 FR FFP

102 FR FFP

103 FR FFP

104 FR FFP

105 FR FFP

106 FR FFP

107 RR FFP

108 RR FFP

109 FR FFP

110 FR FFP

111 MR FFP

112 MR FFP

113 MR FFP

114 MR FFP

115 MR FFP

116 MR FFP

117 MR FFP

118 RR FFP

119 RR FFP

120 RR FFP

121 RR FFP

122 RR FFP

123 RR FFP

124 RR FFP

125 MR FFP

126 FR FFP

127 FR FFP

128 FR FFP

129 RR FFP

130 RR FFP

131 RR FFP

132 RR FFP

133 RR FFP

134 RR FFP

135 RR FFP

136 FR FFP

137 MR FFP

138 FR FFP

139 RR FFP

140 RR FFP

141 RR FFP

142 MR FFP

143 MR FFP

144 MR FFP

Ordering Period I

Cat 730 Articulated Rock Truck, or Equal

Description

Cat 623K Elevating Scraper, or Equal

Cat 627K Open Bowl Scraper,, or Equal

Cat 745 Articulated Rock Truck, or Equal

Cat 740 Articulated Rock Truck, or Equal

Cat 735 Articulated Rock Truck, or Equal

4000 Gal Water Truck. Salient Characteristics, or Equal

Cat 725 Articulated Rock Truck, or Equal

Dump Truck 6yd. Salient Characteristics

Dump Truck 10yd., or Equal

John Deere 250 D 5,000 gallon Water Truck, or Equal

John Deere 300 D 6,000 gallon Water Truck or Equal

John Deere 400 D 8,000 gallon Water Truck, or Equal

12000 gal Stand Tank, or Equal

Cat 613 Water Wagon, or Equal

Cat 611 Water Wagon, or Equal

Cat 621 Water Wagon, or Equal

2000 Gal Water Truck. Salient Characteristics

D6N Dozer, V-Pat Blade

54” Krypto Klaw Bucket and Thumb Excavator Attachment

Thompson 6’ Trailer Mounted Trash Pump or Equal

CAT 120 Motor Grader, or Equal

CAT 140M AWD Motor Grader, or Equal

CAT 140M AWD Trimble Tech Ready Motor Grader, or Equal

Cat D4K Dozer, or Equal

Cat D5K LGP Dozer, or Equal

Cat D5K Dozer, or Equal

CAT D6T LGP Dozer, or Equal

Blade Rake to fit D6T Dozer

Cat D6T Dozer, Trimble Tech Ready

CAT 349 DL Excavator, or Equal

CAT D7E Dozer, or Equal

CAT D8T Dozer, or Equal

Cat 305E CR Excavator, or Equal

Cat 308CR Excavator, or Equal

Cat 312EL Excavator, or Equal

Cat 315CR Excavator, or Equal

Cat 320EL RR Excavator, or Equal

CAT 325FL CR Excavator, or Equal

Cat 325FL CR Excavator, or Equal Trimble Tech Ready

Cat 330FL Excavator, or Equal

Cat 336FL Excavator, or Equal

Cat 349 FL Excavator, or Equal Trimble Tech Ready

Cat 326 FL Long Reach Excavators, or Equal

Ordering Period I

Description

145 RR FFP

146 RR FFP

147 FR FFP

148 RR FFP

149 RR FFP

150 RR FFP

151 MR FFP

152 MR FFP

153 RR FFP

154 RR FFP

155 RR FFP

156 RR FFP

157 MR FFP

158 MR FFP

159 MR FFP

160 RR FFP

161 RR FFP

162 MR FFP

163 RR FFP

164 RR FFP

165 FR FFP

166 FR FFP

167 FR FFP

168 RR FFP

169 RR FFP

170 RR FFP

171 MR FFP

172 MR FFP

173 MR FFP

174 N/A FFP

175 N/A T&M

176 N/A T&M

177 N/A FFP

To Be Negotiated on an Order Level Basis

Fully Burdened Hourly Rate $

Fully Burdened Hourly Rate $

To Be Negotiated on an Order Level Basis

Cat CS44 Vibratory Roller, or Equal

Cat 938 Wheel loader, or Equal

Cat 950 Wheel loader, or Equal

CAT 966 Wheel loader, or Equal

CAT 972 Wheel loader, or Equal

CAT 982 Wheel loader, or Equal

Cat CP34 Vibratory Roller, or Equal

Cat CP44 Vibratory Roller, or Equal

Cat CP56 Vibratory Roller, or Equal

Cat CS34 Vibratory Roller, or Equal

Multiquip DCA70USI Generator, or Equal

Cat CS56 Vibratory Roller, or Equal

Cat 815 Soil Compactor, or Equal

Cat 825 Soil Compactor, or Equal

Wacker RT82 Trench Compactor, or Equal

Cat 246 Skid Steer Loader, or Equal

Cat 272 Skid Steer Loader, or Equal

Cat 249 Compact Track Loader, or Equal

Cat 279 Compact Track Loader, or Equal

Cat 299 Compact Track Loader, or Equal

Multiquip DCA25USI Generator, or Equal

Multiquip DCA45USI Generator, or Equal

Hydraulic Hammer Option for Excavators (in percent of carrier rate)

Equipment Damage

Multiquip DCA125USI Generator, or Equal

Cat TL642 Telescopic Handler, or Equal

Cat TL1055 Telescopic Handler, or Equal

MS12 Material Separator, or Equal

4 x 1,000 Watt, 30' height, Manual Mast Light Tower, Trailer Mounted

Thumb Attachment Option for Excavators (in percent of carrier equipment rate)

Specialty Re-Rent Equipment or Unlisted Specialty Equipment

Mechanic and Field Service (Cost/Hour)

Mechanic and Shop Service (Cost/Hour)

201 FR FFP

202 FR FFP

203 FR FFP

204 FR FFP

205 FR FFP

206 FR FFP

207 RR FFP

208 RR FFP

209 FR FFP

210 FR FFP

211 MR FFP

212 MR FFP

213 MR FFP

214 MR FFP

215 MR FFP

216 MR FFP

217 MR FFP

218 RR FFP

219 RR FFP

220 RR FFP

221 RR FFP

222 RR FFP

223 RR FFP

224 RR FFP

225 MR FFP

226 FR FFP

227 FR FFP

228 FR FFP

229 RR FFP

230 RR FFP

231 RR FFP

232 RR FFP

233 RR FFP

234 RR FFP

235 RR FFP

236 FR FFP

237 MR FFP

238 FR FFP

239 RR FFP

240 RR FFP

241 RR FFP

242 MR FFP

243 MR FFP

244 MR FFP

Ordering Period II

Cat 730 Articulated Rock Truck, or Equal

Description

Cat 623K Elevating Scraper, or Equal

Cat 627K Open Bowl Scraper,, or Equal

Cat 745 Articulated Rock Truck, or Equal

Cat 740 Articulated Rock Truck, or Equal

Cat 735 Articulated Rock Truck, or Equal

4000 Gal Water Truck. Salient Characteristics, or Equal

Cat 725 Articulated Rock Truck, or Equal

Dump Truck 6yd. Salient Characteristics

Dump Truck 10yd., or Equal

John Deere 250 D 5,000 gallon Water Truck, or Equal

John Deere 300 D 6,000 gallon Water Truck or Equal

John Deere 400 D 8,000 gallon Water Truck, or Equal

12000 gal Stand Tank, or Equal

Cat 613 Water Wagon, or Equal

Cat 611 Water Wagon, or Equal

Cat 621 Water Wagon, or Equal

2000 Gal Water Truck. Salient Characteristics

D6N Dozer, V-Pat Blade

54” Krypto Klaw Bucket and Thumb Excavator Attachment

Thompson 6’ Trailer Mounted Trash Pump or Equal

CAT 120 Motor Grader, or Equal

CAT 140M AWD Motor Grader, or Equal

CAT 140M AWD Trimble Tech Ready Motor Grader, or Equal

Cat D4K Dozer, or Equal

Cat D5K LGP Dozer, or Equal

Cat D5K Dozer, or Equal

CAT D6T LGP Dozer, or Equal

Blade Rake to fit D6T Dozer

Cat D6T Dozer, Trimble Tech Ready

CAT 349 DL Excavator, or Equal

CAT D7E Dozer, or Equal

CAT D8T Dozer, or Equal

Cat 305E CR Excavator, or Equal

Cat 308CR Excavator, or Equal

Cat 312EL Excavator, or Equal

Cat 315CR Excavator, or Equal

Cat 320EL RR Excavator, or Equal

CAT 325FL CR Excavator, or Equal

Cat 325FL CR Excavator, or Equal Trimble Tech Ready

Cat 330FL Excavator, or Equal

Cat 336FL Excavator, or Equal

Ordering Period II

Description

245 RR FFP

246 RR FFP

247 FR FFP

248 RR FFP

249 RR FFP

250 RR FFP

251 MR FFP

252 MR FFP

253 RR FFP

254 RR FFP

255 RR FFP

256 RR FFP

257 MR FFP

258 MR FFP

259 MR FFP

260 RR FFP

261 RR FFP

262 MR FFP

263 RR FFP

264 RR FFP

265 FR FFP

266 FR FFP

267 FR FFP

268 RR FFP

269 RR FFP

270 RR FFP

271 MR FFP

272 MR FFP

273 MR FFP

274 N/A FFP

275 N/A T&M

276 N/A T&M

277 N/A FFP

To Be Negotiated on an Order Level Basis

Fully Burdened Hourly Rate $

Fully Burdened Hourly Rate $

To Be Negotiated on an Order Level Basis

Cat CS44 Vibratory Roller, or Equal

Cat 938 Wheel loader, or Equal

Cat 950 Wheel loader, or Equal

CAT 966 Wheel loader, or Equal

CAT 972 Wheel loader, or Equal

CAT 982 Wheel loader, or Equal

Cat CP34 Vibratory Roller, or Equal

Cat CP44 Vibratory Roller, or Equal

Cat CP56 Vibratory Roller, or Equal

Cat CS34 Vibratory Roller, or Equal

Multiquip DCA70USI Generator, or Equal

Cat CS56 Vibratory Roller, or Equal

Cat 815 Soil Compactor, or Equal

Cat 825 Soil Compactor, or Equal

Wacker RT82 Trench Compactor, or Equal

Cat 246 Skid Steer Loader, or Equal

Cat 272 Skid Steer Loader, or Equal

Cat 249 Compact Track Loader, or Equal

Cat 279 Compact Track Loader, or Equal

Cat 299 Compact Track Loader, or Equal

Multiquip DCA25USI Generator, or Equal

Multiquip DCA45USI Generator, or Equal

Hydraulic Hammer Option for Excavators (in percent of carrier rate)

Equipment Damage

Multiquip DCA125USI Generator, or Equal

Cat TL642 Telescopic Handler, or Equal

Cat TL1055 Telescopic Handler, or Equal

MS12 Material Separator, or Equal

4 x 1,000 Watt, 30' height, Manual Mast Light Tower, Trailer Mounted

Thumb Attachment Option for Excavators (in percent of carrier equipment rate)

Specialty Re-Rent Equipment or Unlisted Specialty Equipment

301 FR FFP

302 FR FFP

303 FR FFP

304 FR FFP

305 FR FFP

306 FR FFP

307 RR FFP

308 RR FFP

309 FR FFP

310 FR FFP

311 MR FFP

312 MR FFP

313 MR FFP

314 MR FFP

315 MR FFP

316 MR FFP

317 MR FFP

318 RR FFP

319 RR FFP

320 RR FFP

321 RR FFP

322 RR FFP

323 RR FFP

324 RR FFP

325 MR FFP

326 FR FFP

327 FR FFP

328 FR FFP

329 RR FFP

330 RR FFP

331 RR FFP

332 RR FFP

333 RR FFP

334 RR FFP

335 RR FFP

336 FR FFP

337 MR FFP

338 FR FFP

339 RR FFP

340 RR FFP

341 RR FFP

342 MR FFP

343 MR FFP

344 MR FFP

Ordering Period III

Cat 730 Articulated Rock Truck, or Equal

Description

Cat 623K Elevating Scraper, or Equal

Cat 627K Open Bowl Scraper,, or Equal

Cat 745 Articulated Rock Truck, or Equal

Cat 740 Articulated Rock Truck, or Equal

Cat 735 Articulated Rock Truck, or Equal

4000 Gal Water Truck. Salient Characteristics, or Equal

Cat 725 Articulated Rock Truck, or Equal

Dump Truck 6yd. Salient Characteristics

Dump Truck 10yd., or Equal

John Deere 250 D 5,000 gallon Water Truck, or Equal

John Deere 300 D 6,000 gallon Water Truck or Equal

John Deere 400 D 8,000 gallon Water Truck, or Equal

12000 gal Stand Tank, or Equal

Cat 613 Water Wagon, or Equal

Cat 611 Water Wagon, or Equal

Cat 621 Water Wagon, or Equal

2000 Gal Water Truck. Salient Characteristics

D6N Dozer, V-Pat Blade

54” Krypto Klaw Bucket and Thumb Excavator Attachment

Thompson 6’ Trailer Mounted Trash Pump or Equal

CAT 120 Motor Grader, or Equal

CAT 140M AWD Motor Grader, or Equal

CAT 140M AWD Trimble Tech Ready Motor Grader, or Equal

Cat D4K Dozer, or Equal

Cat D5K LGP Dozer, or Equal

Cat D5K Dozer, or Equal

CAT D6T LGP Dozer, or Equal

Blade Rake to fit D6T Dozer

Cat D6T Dozer, Trimble Tech Ready

CAT 349 DL Excavator, or Equal

CAT D7E Dozer, or Equal

CAT D8T Dozer, or Equal

Cat 305E CR Excavator, or Equal

Cat 308CR Excavator, or Equal

Cat 312EL Excavator, or Equal

Cat 315CR Excavator, or Equal

Cat 320EL RR Excavator, or Equal

CAT 325FL CR Excavator, or Equal

Cat 325FL CR Excavator, or Equal Trimble Tech Ready

Cat 330FL Excavator, or Equal

Cat 336FL Excavator, or Equal

Ordering Period III

Description

345 RR FFP

346 RR FFP

347 FR FFP

348 RR FFP

349 RR FFP

350 RR FFP

351 MR FFP

352 MR FFP

353 RR FFP

354 RR FFP

355 RR FFP

356 RR FFP

357 MR FFP

358 MR FFP

359 MR FFP

360 RR FFP

361 RR FFP

362 MR FFP

363 RR FFP

364 RR FFP

365 FR FFP

366 FR FFP

367 FR FFP

368 RR FFP

369 RR FFP

370 RR FFP

371 MR FFP

372 MR FFP

373 MR FFP

374 N/A FFP

375 N/A T&M

376 N/A T&M

377 N/A FFP

To Be Negotiated on an Order Level Basis

Fully Burdened Hourly Rate $

Fully Burdened Hourly Rate $

To Be Negotiated on an Order Level Basis

Cat CS44 Vibratory Roller, or Equal

Cat 938 Wheel loader, or Equal

Cat 950 Wheel loader, or Equal

CAT 966 Wheel loader, or Equal

CAT 972 Wheel loader, or Equal

CAT 982 Wheel loader, or Equal

Cat CP34 Vibratory Roller, or Equal

Cat CP44 Vibratory Roller, or Equal

Cat CP56 Vibratory Roller, or Equal

Cat CS34 Vibratory Roller, or Equal

Multiquip DCA70USI Generator, or Equal

Cat CS56 Vibratory Roller, or Equal

Cat 815 Soil Compactor, or Equal

Cat 825 Soil Compactor, or Equal

Wacker RT82 Trench Compactor, or Equal

Cat 246 Skid Steer Loader, or Equal

Cat 272 Skid Steer Loader, or Equal

Cat 249 Compact Track Loader, or Equal

Cat 279 Compact Track Loader, or Equal

Cat 299 Compact Track Loader, or Equal

Multiquip DCA25USI Generator, or Equal

Multiquip DCA45USI Generator, or Equal

Hydraulic Hammer Option for Excavators (in percent of carrier rate)

Equipment Damage

Multiquip DCA125USI Generator, or Equal

Cat TL642 Telescopic Handler, or Equal

Cat TL1055 Telescopic Handler, or Equal

MS12 Material Separator, or Equal

4 x 1,000 Watt, 30' height, Manual Mast Light Tower, Trailer Mounted

Thumb Attachment Option for Excavators (in percent of carrier equipment rate)

Specialty Re-Rent Equipment or Unlisted Specialty Equipment

401 FR FFP

402 FR FFP

403 FR FFP

404 FR FFP

405 FR FFP

406 FR FFP

407 RR FFP

408 RR FFP

409 FR FFP

410 FR FFP

411 MR FFP

412 MR FFP

413 MR FFP

414 MR FFP

415 MR FFP

416 MR FFP

417 MR FFP

418 RR FFP

419 RR FFP

420 RR FFP

421 RR FFP

422 RR FFP

423 RR FFP

424 RR FFP

425 MR FFP

426 FR FFP

427 FR FFP

428 FR FFP

429 RR FFP

430 RR FFP

431 RR FFP

432 RR FFP

433 RR FFP

434 RR FFP

435 RR FFP

436 FR FFP

437 MR FFP

438 FR FFP

439 RR FFP

440 RR FFP

441 RR FFP

442 MR FFP

443 MR FFP

444 MR FFP

Ordering Period IV

Cat 730 Articulated Rock Truck, or Equal

Description

Cat 623K Elevating Scraper, or Equal

Cat 627K Open Bowl Scraper,, or Equal

Cat 745 Articulated Rock Truck, or Equal

Cat 740 Articulated Rock Truck, or Equal

Cat 735 Articulated Rock Truck, or Equal

4000 Gal Water Truck. Salient Characteristics, or Equal

Cat 725 Articulated Rock Truck, or Equal

Dump Truck 6yd. Salient Characteristics

Dump Truck 10yd., or Equal

John Deere 250 D 5,000 gallon Water Truck, or Equal

John Deere 300 D 6,000 gallon Water Truck or Equal

John Deere 400 D 8,000 gallon Water Truck, or Equal

12000 gal Stand Tank, or Equal

Cat 613 Water Wagon, or Equal

Cat 611 Water Wagon, or Equal

Cat 621 Water Wagon, or Equal

2000 Gal Water Truck. Salient Characteristics

D6N Dozer, V-Pat Blade

54” Krypto Klaw Bucket and Thumb Excavator Attachment

Thompson 6’ Trailer Mounted Trash Pump or Equal

CAT 120 Motor Grader, or Equal

CAT 140M AWD Motor Grader, or Equal

CAT 140M AWD Trimble Tech Ready Motor Grader, or Equal

Cat D4K Dozer, or Equal

Cat D5K LGP Dozer, or Equal

Cat D5K Dozer, or Equal

CAT D6T LGP Dozer, or Equal

Blade Rake to fit D6T Dozer

Cat D6T Dozer, Trimble Tech Ready

CAT 349 DL Excavator, or Equal

CAT D7E Dozer, or Equal

CAT D8T Dozer, or Equal

Cat 305E CR Excavator, or Equal

Cat 308CR Excavator, or Equal

Cat 312EL Excavator, or Equal

Cat 315CR Excavator, or Equal

Cat 320EL RR Excavator, or Equal

CAT 325FL CR Excavator, or Equal

Cat 325FL CR Excavator, or Equal Trimble Tech Ready

Cat 330FL Excavator, or Equal

Cat 336FL Excavator, or Equal

Ordering Period IV

Description

445 RR FFP

446 RR FFP

447 FR FFP

448 RR FFP

449 RR FFP

450 RR FFP

451 MR FFP

452 MR FFP

453 RR FFP

454 RR FFP

455 RR FFP

456 RR FFP

457 MR FFP

458 MR FFP

459 MR FFP

460 RR FFP

461 RR FFP

462 MR FFP

463 RR FFP

464 RR FFP

465 FR FFP

466 FR FFP

467 FR FFP

468 RR FFP

469 RR FFP

470 RR FFP

471 MR FFP

472 MR FFP

473 MR FFP

474 N/A FFP

475 N/A T&M

476 N/A T&M

477 N/A FFP

To Be Negotiated on an Order Level Basis

Fully Burdened Hourly Rate $

Fully Burdened Hourly Rate $

To Be Negotiated on an Order Level Basis

Cat CS44 Vibratory Roller, or Equal

Cat 938 Wheel loader, or Equal

Cat 950 Wheel loader, or Equal

CAT 966 Wheel loader, or Equal

CAT 972 Wheel loader, or Equal

CAT 982 Wheel loader, or Equal

Cat CP34 Vibratory Roller, or Equal

Cat CP44 Vibratory Roller, or Equal

Cat CP56 Vibratory Roller, or Equal

Cat CS34 Vibratory Roller, or Equal

Multiquip DCA70USI Generator, or Equal

Cat CS56 Vibratory Roller, or Equal

Cat 815 Soil Compactor, or Equal

Cat 825 Soil Compactor, or Equal

Wacker RT82 Trench Compactor, or Equal

Cat 246 Skid Steer Loader, or Equal

Cat 272 Skid Steer Loader, or Equal

Cat 249 Compact Track Loader, or Equal

Cat 279 Compact Track Loader, or Equal

Cat 299 Compact Track Loader, or Equal

Multiquip DCA25USI Generator, or Equal

Multiquip DCA45USI Generator, or Equal

Hydraulic Hammer Option for Excavators (in percent of carrier rate)

Equipment Damage

Multiquip DCA125USI Generator, or Equal

Cat TL642 Telescopic Handler, or Equal

Cat TL1055 Telescopic Handler, or Equal

MS12 Material Separator, or Equal

4 x 1,000 Watt, 30' height, Manual Mast Light Tower, Trailer Mounted

Thumb Attachment Option for Excavators (in percent of carrier equipment rate)

Specialty Re-Rent Equipment or Unlisted Specialty Equipment

PART 1 - COMMERCIAL CLAUSES

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 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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1 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.

https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34

(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.

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(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 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.

(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 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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items 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)

Alternate I (Jan 2017). 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 duties.

(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 correct 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. Unless 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 replacement or correction, and, when required, shall disclose the corrective action taken.

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement 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 increased 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 managerial 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-https://www.acquisition.gov/far/52.202-1#FAR_52_202_1

(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) There are not any subcontracts for services which are specifically excluded from the hourly rate; 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 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 qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

https://www.acquisition.gov/far/subpart-2.1#FAR_Subpart_2_1

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories…

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