Amendment_2_DU100R-15-R-0003b.pdf

T000000698

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

NPR

WASHINGTON DC 20410-1000

451 SEVENTH STREET SW

OFFICER

OFFICE OF THE CHIEF PROCUREMENT

US DEPARTMENT OF HUD

CODE 16. ADMINISTERED BYCODE

X

X

541350

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORNPR

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/04/2015 1400 ES

07/27/2015

202-402-3504BRENDA LEE

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

DU100R-15-R-0003

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 103 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

ROOM 5256

TELEPHONE NO.

TO POTENTIAL OFFERORS

17a. CONTRACTOR/

AMENDMENT 2

15. DELIVER TO

WASHINGTON DC 20410-1000

ROOM 5256

451 SEVENTH STREET SW

OFFICER

OFFICE OF THE CHIEF PROCUREMENT

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$7.0

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

US DEPARTMENT OF HUD

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

X

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Construction Inspection Services for the United States

0001 Ordering Period 1 Orientation/Post Award/Kick-off 1 LO Meeting/Training/Transition In

Period of Performance: 08/31/2015 to 08/30/2016

0002 Ordering Period 1 The contractor shall provide 495 EA construction inspection services; Region 1:

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

BRENDA K. LEE

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDEND

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Southeast, South Central, and Hawaii: Arkansas, Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas.

Period of Performance: 08/31/2015 to 08/30/2016

0003 Ordering Period 1 The contractor shall provide 75 EA construction inspection services; Region 1:

Southeast, South Central, and Hawaii: Hawaii, Oahu

Period of Performance: 08/31/2015 to 08/30/2016

0004 Ordering Period 1The contractor shall provide 24 EA construction inspection services; Region 1:

Southeast, South Central, and Hawaii: Kauai, Maui

Period of Performance: 08/31/2015 to 08/30/2016

0005 Ordering Period 1 The contractor shall provide 338 EA construction inspection services; Region 2:

Northeast and Colorado: DC, Delaware, Maryland, New Jersey, Pennsylvania, Virginia, West Virginia

0006 Ordering Period 1 The contractor shall provide 525 EA construction inspection services; Region 2:

Northeast and Colorado: Colorado, Connecticut, Illinois, Indiana, Michigan, New Hampshire, Ohio, Vermont, Wisconsin

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

103 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 103

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

TO POTENTIAL OFFERORS

(A) (B) (C) (D) (E) (F)

DU100R-15-R-0003

Period of Performance: 08/31/2015 to 08/31/2016

0007 Ordering Period 1 The contractor shall provide 270 EA construction inspection services; Region 2:

Northeast and Colorado: Maine, Massachusetts, Missouri, New York, Rhode Island

Period of Performance: 08/31/2015 to 08/30/2016

0008 Ordering Period 1 The contractor shall provide 203 EA construction inspection services; Region 3:

Northwest, North Central, and Southwest: Arizona, Iowa, Kansas, Montana, Nebraska, North Dakota, Oregon, South Dakota, Washington

0009 Ordering Period 1 The contractor shall provide 255 EA construction inspection services; Region 3:

Northwest, North Central, and Southwest: Alaska, California, Idaho, Minnesota, Nevada, Utah, Wyoming

0010 Ordering Period 1 Performance Incentives - Not to

Exceed

0011 Ordering Period 2 The contractor shall provide 506 EA construction inspection services; Region 1:

Southeast, South Central, and Hawaii: Arkansas, Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas.

(Option Line Item)

0012 Ordering Period 2 The contractor shall provide 76 EA construction inspection services; Region 1:

Southeast, South Central, and Hawaii: Hawaii, Oahu

(Option Line Item)

0013 Ordering Period 2 The contractor shall provide 25 EA construction inspection services; Region 1:

Southeast, South Central, and Hawaii: Kauai, Maui

(Option Line Item)

0014 Ordering Period 2 The contractor shall provide 345 EA construction inspection services; Region 2:

Northeast and Colorado: DC, Delaware, Maryland, Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 103

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

TO POTENTIAL OFFERORS

(A) (B) (C) (D) (E) (F)

DU100R-15-R-0003

New Jersey, Pennsylvania, Virginia, West Virginia

(Option Line Item)

0015 Ordering Period 2 The contractor shall provide 535 EA construction inspection services; Region 2:

Northeast and Colorado: Colorado, Connecticut, Illinois, Indiana, Michigan, New Hampshire, Ohio, Vermont, Wisconsin

(Option Line Item)

0016 Ordering Period 2 The contractor shall provide 275 EA construction inspection services; Region 2:

Northeast and Colorado: Maine, Massachusetts, Missouri, New York, Rhode Island

(Option Line Item)

0017 Ordering Period 2 The contractor shall provide 205 EA construction inspection services; Region 3:

Northwest, North Central, and Southwest: Arizona, Iowa, Kansas, Montana, Nebraska, North Dakota, Oregon, South Dakota, Washington

(Option Line Item)

0018 Ordering Period 2 The contractor shall provide 261 EA construction inspection services; Region 3:

Northwest, North Central, and Southwest: Alaska, California, Idaho, Minnesota, Nevada, Utah, Wyoming

(Option Line Item)

0019 Ordering Period 2 Performance Incentives - Not to

Exceed

(Option Line Item)

0020 Ordering Period 3The contractor shall provide 531 EA construction inspection services; Region 1:

Southeast, South Central, and Hawaii: Arkansas, Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas.

(Option Line Item)

0021 Ordering Period 3 The contractor shall provide 80 EA construction inspection services; Region 1:

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 103

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

TO POTENTIAL OFFERORS

(A) (B) (C) (D) (E) (F)

DU100R-15-R-0003

Southeast, South Central, and Hawaii: Hawaii, Oahu

(Option Line Item)

0022 Ordering Period 3 The contractor shall provide 27 EA construction inspection services; Region 1:

Southeast, South Central, and Hawaii: Kauai, Maui

(Option Line Item)

0023 Ordering Period 3The contractor shall provide 363 EA construction inspection services; Region 2:

Northeast and Colorado: DC, Delaware, Maryland, New Jersey, Pennsylvania, Virginia, West Virginia

(Option Line Item)

0024 Ordering Period 3 The contractor shall provide 563 EA construction inspection services; Region 2:

Northeast and Colorado: Colorado, Connecticut, Illinois, Indiana, Michigan, New Hampshire, Ohio, Vermont, Wisconsin

(Option Line Item)

0025 Ordering Period 3The contractor shall provide 288 EA construction inspection services; Region 2:

Northeast and Colorado: Maine, Massachusetts, Missouri, New York, Rhode Island

(Option Line Item)

0026 Ordering Period 3The contractor shall provide 216 EA construction inspection services; Region 3:

Northwest, North Central, and Southwest: Arizona, Iowa, Kansas, Montana, Nebraska, North Dakota, Oregon, South Dakota, Washington

(Option Line Item)

0027 Ordering Period 3 The contractor shall provide 275 EA construction inspection services; Region 3:

Northwest, North Central, and Southwest: Alaska, California, Idaho, Minnesota, Nevada, Utah, Wyoming

(Option Line Item)

0028 Ordering Period 3 Performance Incentives - Not to

Exceed

(Option Line Item)

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

6 103

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

TO POTENTIAL OFFERORS

(A) (B) (C) (D) (E) (F)

DU100R-15-R-0003

0029 Ordering Period 4 The contractor shall provide 531 EA construction inspection services; Region 1:

Southeast, South Central, and Hawaii: Arkansas, Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas.

(Option Line Item)

0030 Ordering Period 4 The contractor shall provide 80 EA construction inspection services; Region 1:

Southeast, South Central, and Hawaii: Hawaii, Oahu

(Option Line Item)

0031 Ordering Period 4 The contractor shall provide 27 EA construction inspection services; Region 1:

Southeast, South Central, and Hawaii: Kauai, Maui

(Option Line Item)

0032 Ordering Period 4 The contractor shall provide 363 EA construction inspection services; Region 2:

Northeast and Colorado: DC, Delaware, Maryland, New Jersey, Pennsylvania, Virginia, West Virginia

(Option Line Item)

0033 Ordering Period 4 The contractor shall provide 563 EA construction inspection services; Region 2:

Northeast and Colorado: Colorado, Connecticut, Illinois, Indiana, Michigan, New Hampshire, Ohio, Vermont, Wisconsin

(Option Line Item)

0034 Ordering Period 4 The contractor shall provide 288 EA construction inspection services; Region 2:

Northeast and Colorado: Maine, Massachusetts, Missouri, New York, Rhode Island

(Option Line Item)

0035 Ordering Period 4The contractor shall provide 216 EA construction inspection services; Region 3:

Northwest, North Central, and Southwest: Arizona, Iowa, Kansas, Montana, Nebraska, North Dakota, Oregon, South Dakota, Washington

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

7 103

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

TO POTENTIAL OFFERORS

(A) (B) (C) (D) (E) (F)

DU100R-15-R-0003

(Option Line Item)

0036 Ordering Period 4The contractor shall provide 275 EA construction inspection services; Region 3:

Northwest, North Central, and Southwest: Alaska, California, Idaho, Minnesota, Nevada, Utah, Wyoming

(Option Line Item)

0037 Ordering Period 4 Performance Incentives - Not to

Exceed

(Option Line Item)

0038 Ordering Period 5The contractor shall provide 531 EA construction inspection services; Region 1:

Southeast, South Central, and Hawaii: Arkansas, Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas.

(Option Line Item)

0039 Ordering Period 5The contractor shall provide 80 EA construction inspection services; Region 1:

Southeast, South Central, and Hawaii: Hawaii, Oahu

(Option Line Item)

0040 Ordering Period 5The contractor shall provide 27 EA construction inspection services; Region 1:

Southeast, South Central, and Hawaii: Kauai, Maui

(Option Line Item)

0041 Ordering Period 5-The contractor shall provide 363 EA construction inspection services; Region 2:

Northeast and Colorado: DC, Delaware, Maryland, New Jersey, Pennsylvania, Virginia, West Virginia

(Option Line Item)

0042 Ordering Period 5 The contractor shall provide 563 EA construction inspection services; Region 2:

Northeast and Colorado: Colorado, Connecticut, Illinois, Indiana, Michigan, New Hampshire, Ohio, Vermont, Wisconsin

(Option Line Item)

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

8 103

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

TO POTENTIAL OFFERORS

(A) (B) (C) (D) (E) (F)

DU100R-15-R-0003

0043 Ordering Period 5 -The contractor shall provide 288 EA construction inspection services; Region 2:

Northeast and Colorado: Maine, Massachusetts, Missouri, New York, Rhode Island

(Option Line Item)

0044 Ordering Period 5 - The contractor shall provide 216 EA construction inspection services; Region 3:

Northwest, North Central, and Southwest: Arizona, Iowa, Kansas, Montana, Nebraska, North Dakota, Oregon, South Dakota, Washington

(Option Line Item)

0045 Ordering Period 5 The contractor shall provide 275 EA construction inspection services; Region 3:

Northwest, North Central, and Southwest: Alaska, California, Idaho, Minnesota, Nevada, Utah, Wyoming

(Option Line Item)

0046 Ordering Period 5 Performance Incentives - Not to Exceed

(Option Line Item)

0047 Ordering Period 5 Option Line Item: The contractor shall provide construction inspection transition out.

(Option Line Item)

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Table of Contents

(b) CONTINUATION OF BLOCK 20 FOR SCHEDULE OF SUPPLIES/SERVICES OF THE 1449

(1) BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

(2) CONTRACT TYPE

(3) AUTHORIZED ORDERING OFFICIALS

(4) MINIMUM ORDERING REQUIREMENTS

(5) PRICING OF TASK ORDERS

(6) FUNDING

(7) MINIMUM AND MAXIMUM CONTRACT VALUE

(8) SCHEDULE OF CHARGES

(b)(9) – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PERFORMANCE WORK STATEMENT

(10) PACKAGING AND MARKING

(11) INSPECTION AND ACCEPTANCE

(12) DELIVERIES OR PERFORMANCE

(13) PLACE OF PERFORMANCE

(14) DELIVERIES

(c)CONTRACT CLAUSES

(1) FAR CLAUSE 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

(DEC2014)

(2) ANY ADDENDUM TO 52.212-4; AND ADDITIONAL CONTRACT CLAUSES

(a) CONTRACT ADMINISTRATION DATA

CONTRACTING OFFICER’S AUTHORITY

(b) HUDAR 2452.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE

(DEC 2012)

(c) HUDAR 2452.232-70 VOUCHER SUBMISSION Alternate I

(d) ORDERING PROCESSES AND PROCEDURES

(e) TASK ORDER PROCESSING

(f) HUDAR 2452.237-70 KEY PERSONNEL (FEB 2006)

(g) HUDAR 2452.237-73 CONDUCTS OF WORK AND TECHNICAL GUIDANCE (DEC 2012)

(h) FAR CLAUSE 52.217-8 OPTION TO EXTEND SERVICES (November 1999)

(i) FAR CLAUSE 52.216-19 ORDER LIMITATIONS (OCT 1995)

(j) FAR CLAUSE 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(k) FAR CLAUSE 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS

(Apr 2010)

(l) FAR CLAUSE 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

(JUL 2013)

(m) FAR CLAUSE 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

U.S.DEPARTMENT OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENTACQUISITION

REGULATION (HUDAR) 48 CFR CLAUSES

HUDAR 2452.203-70 PROHIBITION AGAINST THE USE OF GOVERNMENT EMPLOYEES(FEB 2006)

HUDAR 2452.204-70 PRESERVATION OF, AND ACCESS TO, CONTRACT RECORDS

(TANGIBLE AND ELECTRONICALLY STORED INFORMATION (ESI) FORMATS)(DEC 2012)

HUDAR 2452.209-70 POTENTIAL ORGANIZATIONAL CONFLICTS OF INTEREST (FEB

2000)

HUDAR 2452.209-72 ORGANIZATIONAL CONFLICTS OF INTEREST (APR 1984)

HUDAR FAR 2452.216-78 ORDERING PROCEDURES (FEB 2006)

HUDAR 2452.219-72 SECTION 8(A) DIRECT AWARDS (DEVIATION)

SECTION 8(A) DIRECT AWARD (DEC 2012)

FAR 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS

(JUNE 2003)

HUDAR 2452.219-71 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a)

CONCERNS –ALTERNATE III TO FAR 5219-18 (DEC 2012)

HUDAR 2452.227-70 GOVERNMENT INFORMATION (DEC 2012) ALTERNATE I (DEC 2012)

HUDAR 2452.237-77 TEMPORARY CLOSURE OF HUD FACILITIES (DEC 2012)

(A)(1) THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OBSERVES THE FOLLOWING DAYS

AS HOLIDAYS

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

(3) FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED IMPLEMENTING STATUTES

OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (APR 2015)

(d) ANY CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS;

(e)(1) INSTRUCTIONS TO OFFERORS

(e)(2) ANY ADDENDUM TO 52.212-1

(e)(3) NAICS CODE AND SIZE STANDARD

(e)(4) INTENT TO SUBMIT A PROPOSAL

(e)(5) COMMUNICATIONS PRIOR TO CONTRACT AWARD

(e)(6) PREPARATION COSTS

(e)(7) 8(a) ELIGIBILITY PROCEDURES

(e)(8) CONTRACTORS RESPONSIBILITY

(e)(9) SUBCONTRACTORS

(e)(10) HUDAR 2452.233-70 REVIEW OF CONTRACTING OFFICER PROTEST DECISIONS (FEB 2006) ..63

(e)(11) TECHNICAL AND BUSINESS PROPOSAL SUBMISSION

(e)(12) VOLUME 1 IDIQ TECHNICAL PROPOSALS INSTRUCTIONS

(e)(13) TASK ORDER PROPOSAL INSTRUCTIONS

(e)(14) BUSINESS PROPOSALS

(e)(15)52.212-2, EVALUATION—COMMERCIAL ITEMS, OR OTHER

(e)(16)PRICE

(e)(17) IDIQ TECHNICAL EVALUATION CRITERIA

(e)(18) TASK ORDER TECHNICAL EVALUATION CRITERIA

(e)(19) PRICE

(e)(20) BEST VALUE LPTA EVALUATION PROCESS AND AWARD

(4) FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS

COMMERCIAL ITEMS(MAR 2015)

CONTINUATION OF BLOCK 20 FOR SCHEDULE OF SUPPLIES/SERVICES OF

THE 1449

(b) SCHEDULE OF SUPPLIES OR SERVICES

(1) BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The Department of Housing and Urban Development, Office of Healthcare Programs (OHP) requires services from a contractor to conduct on-site inspections of new construction and substantial rehabilitation of residential healthcare facilities.

(2) CONTRACT TYPE

This is an 8(a) competitive Indefinite Delivery Indefinite Quantity (IDIQ) type contract with a five (5) year ordering period being processed under the Partnership Agreement (PA) between the Department Housing and Urban Development (HUD) and the Small Business Administration (SBA), under which the SBA has delegated to HUD, authority to enter into an 8(a) contracts directly with an eligible 8(a) firm in accordance to Section 8(a) of the Small Business Act (15 U.S.C. 637(a).

It is anticipated that the award(s) from this solicitation will be a SINGLE AWARD OR MULTIPLE AWARD(S) FIXED-PRICE contract with a 5 YEAR ORDERING PERIOD with Performance Incentive in accordance with 16.402-

2. The period of performance for the Ordering Periods are 12 months.

The Government intends to award a single award to each geographical area, Region 1, Region 2, and Region 3 utilizing FAR Part 19 Section 8(a) of the Small Business Act.

The Government intends to issue one task order under each geographical region as identify below:

Region 1: Southeast, South Central, and Hawaii:

Arkansas Alabama Florida Georgia Kentucky Louisiana Mississippi New Mexico North Carolina Oklahoma South Carolina Tennessee Texas Hawaii

Region 2: Northeast and Colorado:

District of Colombia Delaware Maryland New Jersey Pennsylvania Virginia West Virginia Colorado Connecticut Illinois Indiana Michigan New Hampshire Ohio Vermont Wisconsin Maine Massachusetts Missouri New York Rhode Island

Region 3: Northwest, North Central, and Southwest:

Arizona Iowa Kansas Montana Nebraska North Dakota Oregon South Dakota Washington Alaska California Idaho Minnesota Nevada Utah Wyoming

Notes:

(a) The Government reserves the right to revise the geographical area if it is in the best interest of the Government.

(b) The Government reserves the right to award a single award to all

(3) three Regions.

(3) AUTHORIZED ORDERING OFFICIALS

U.S Department of Housing and Urban Development, Office of the Chief Procurement Officer, Contracting Officers are authorized as ordering officials to place task orders under this contract

(4) MINIMUM ORDERING REQUIREMENTS

The Government has no obligation to issue task orders to any Contractor beyond the minimum amount specified. For each successful Contractor, regardless of the number of technical areas for which the Contractor has qualified, there will be a one time “minimum guarantee award amount” of the initial task order for the life of each IDIQ contract awarded.

(5) PRICING OF TASK ORDERS

Fixed price task orders issued under this contract, the applicable unit price for a task order shall be the unit price for the time period in which the services are estimated to be performed, as agreed to by the Government and the Contractor at time of award. The unit price(s) specified in Schedule B Schedule of Charges basic contact issued under this contract is/are fixed and not subject to adjustment.

Individual Task Orders will be issued in accordance with FAR 52.216-18 ORDERING, FAR 52.216-19 ORDERING LIMINATION, and HUDAR 2452.216-78 ORDERING PROCEDURES (FEB 2006). Task Orders will specify work to be performed and will reflect the contract line item fixed unit price when the task order is issued (in accordance with the provisions contained in Section B of the IDIQ contracts and the award task orders). The Contractor shall perform all services in accordance with the task order performance work statement, which will be included in the Task Order description. The terms and conditions set forth in the contracts will always apply. All Task Orders will be fixed unit price.

The period of performance of a Task Order may extend past the IDIQ contract’s expiration date for a period not to exceed 6 months.

The Government will not pay beyond the negotiated ceiling price regardless of cost incurred.

(6) FUNDING

Funds for the services provided will be obligated at the task order level, or excess funds may be de-obligated at the task order level, by modification to the task order unilaterally by the Government. The Contractor will only be paid for effort that has been authorized by the Government and performed in accordance with the contract/task order description

(7) MINIMUM AND MAXIMUM CONTRACT VALUE

(a) Award of the base period of the initial task orders is the guaranteed minimum of the life of each IDIQ contract.

(b)Estimated maximum quantity for this contract is reflected in Schedule B of this contract. The maximum quantity for each line item is reflected in Schedule B.

(c) Upon delivery and acceptance of the item(s) described in SECTION C of this contract and identified in the schedule of charges below, the Government shall pay to the Contractor the unit price(s) set forth in Schedule B Schedule of Charges.

(8) SCHEDULE OF CHARGES

SCHEDULE OF CHARGES

CLIN Description Estimated Quantity

Unit Unit Price

Amount

0001 Ordering Period 1 Orientation/Post Award/Kick-off Meeting/Training/Transition In

1 LOT

0002 Ordering Period 1 The contractor shall provide construction inspection services; Region 1: Southeast, South Central, and Hawaii: Arkansas, Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas.

495 Per Inspection

EA

0003 Ordering Period 1 The contractor shall provide construction inspection services; Region 1: Southeast, South Central, and Hawaii: Hawaii, Oahu

75 Per Inspection

EA

0004 Ordering Period 1 The contractor shall provide construction inspection services; Region 1: Southeast, South Central, and Hawaii: Kauai, Maui

24 Per Inspection

EA

0005 Ordering Period 1 - The contractor shall provide construction inspection services; Region 2: Northeast and Colorado: DC, Delaware, Maryland, New Jersey, Pennsylvania, Virginia, West Virginia

338 Per Inspection

EA

0006 Ordering Period 1 - The contractor shall provide construction inspection services; Region 2: Northeast and Colorado: Colorado, Connecticut, Illinois, Indiana, Michigan, New Hampshire, Ohio, Vermont, Wisconsin

525 Per Inspection

EA

0007 Ordering Period 1 The contractor shall provide construction inspection services; Region 2: Northeast and Colorado: Maine, Massachusetts, Missouri, New York, Rhode Island

270 Per Inspection

EA

0008 Ordering Period 1 - The contractor 203 Per

CLIN Description Estimated Quantity

Unit Unit Price

Amount shall provide construction inspection services; Region 3: Northwest, North Central, and Southwest: Arizona, Iowa, Kansas, Montana, Nebraska, North Dakota, Oregon, South Dakota, Washington

Inspection

EA

0009 Ordering Period 1 - The contractor shall provide construction inspection services; Region 3: Northwest, North Central, and Southwest: Alaska, California, Idaho, Minnesota, Nevada, Utah, Wyoming

255 Per Inspection

EA

0010 Performance Incentive NTE

0011 Ordering Period 2 - The contractor shall provide construction inspection services; Region 1: Southeast, South Central, and Hawaii: Arkansas, Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas.

506 Per Inspection

EA

0012 Ordering Period 2 The contractor shall provide construction inspection services; Region 1: Southeast, South Central, and Hawaii: Hawaii, Oahu

76 Per Inspection

EA

0013 Ordering Period 2 -The contractor shall provide construction inspection services; Region 1: Southeast, South Central, and Hawaii: Kauai, Maui

25 Per Inspection

EA

0014 Ordering Period 2 -The contractor shall provide construction inspection services; Region 2: Northeast and Colorado: DC, Delaware, Maryland, New Jersey, Pennsylvania, Virginia, West Virginia

345 Per Inspection

EA

0015 Ordering Period 2 The contractor shall provide construction inspection services; Region 2: Northeast and Colorado: Colorado, Connecticut, Illinois, Indiana, Michigan, New Hampshire, Ohio, Vermont, Wisconsin

535 Per Inspection

EA

0016 Ordering Period 2 - The contractor shall provide construction inspection services; Region 2: Northeast and Colorado: Maine, Massachusetts, Missouri, New York, Rhode Island

275 Per Inspection

EA

0017 Ordering Period 2 - The contractor shall provide construction inspection services; Region 3: Northwest, North Central, and Southwest: Arizona, Iowa, Kansas, Montana, Nebraska, North Dakota, Oregon, South Dakota, Washington

205 Per Inspection

Quantity

Unit Unit Price

Amount

0018 Ordering Period 2- The contractor shall provide construction inspection services; Region 3: Northwest, North Central, and Southwest: Alaska, California, Idaho, Minnesota, Nevada, Utah, Wyoming

261 Per Inspection

EA

0019 Performance Incentive 0020 Ordering Period 3 -The contractor shall provide construction inspection services; Region 1: Southeast, South Central, and Hawaii: Arkansas, Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas..

531 Per Inspection

0021 Ordering Period 3 - The contractor shall provide construction inspection services; Region 1: Southeast, South Central, and Hawaii: Hawaii, Oahu

80 Per Inspection

EA

0022 Ordering Period 3 - The contractor shall provide construction inspection services; Region 1: Southeast, South Central, and Hawaii: Kauai, Maui

27 Per Inspection

EA

0023 Ordering Period 3 - The contractor shall provide construction inspection services; Region 2: Northeast and Colorado: DC, Delaware, Maryland, New Jersey, Pennsylvania, Virginia, West Virginia

363 Per Inspection

EA

0024 Ordering Period 3 - The contractor shall provide construction inspection services; Region 2: Northeast and Colorado: Colorado, Connecticut, Illinois, Indiana, Michigan, New Hampshire, Ohio, Vermont, Wisconsin

563 Per Inspection

EA

0025 Ordering Period 3 The contractor shall provide construction inspection services; Region 2: Northeast and Colorado: Maine, Massachusetts, Missouri, New York, Rhode Island

288 Per Inspection

EA

0026 Ordering Period 3 -The contractor shall provide construction inspection services; Region 3: Northwest, North Central, and Southwest: Arizona, Iowa, Kansas, Montana, Nebraska, North Dakota, Oregon, South Dakota, Washington

216 Per Inspection

EA

0027 Ordering Period 3 The contractor shall provide construction inspection services; Region 3: Northwest, North Central, and Southwest: Alaska, California, Idaho, Minnesota, Nevada, Utah, Wyoming

275 Per

Quantity

Unit Unit Price

Amount

0028 Performance Incentive Not to Exceed 0029 Ordering Period 4 The contractor shall provide construction inspection services; Region 1: Southeast, South Central, and Hawaii: Arkansas, Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas.

531 Per Inspection

EA

0030 Ordering Period 4 The contractor shall provide construction inspection services; Region 1: Southeast, South Central, and Hawaii: Hawaii, Oahu

80 Per Inspection

EA

0031 Ordering Period 4 The contractor shall provide construction inspection services; Region 1: Southeast, South Central, and Hawaii: Kauai, Maui

27 Per Inspection

EA

0032 Ordering Period 4 The contractor shall provide construction inspection services; Region 2: Northeast and Colorado: DC, Delaware, Maryland, New Jersey, Pennsylvania, Virginia, West Virginia

363 Per Inspection

EA

0033 Ordering Period 4 The contractor shall provide construction inspection services; Region 2: Northeast and Colorado: Colorado, Connecticut, Illinois, Indiana, Michigan, New Hampshire, Ohio, Vermont, Wisconsin

563 Per Inspection

EA

0034 Ordering Period 4 The contractor shall provide construction inspection services; Region 2: Northeast and Colorado: Maine, Massachusetts, Missouri, New York, Rhode Island

288 Per Inspection

EA

0035 Ordering Period 4 The contractor shall provide construction inspection services; Region 3: Northwest, North Central, and Southwest: Arizona, Iowa, Kansas, Montana, Nebraska, North Dakota, Oregon, South Dakota, Washington

216 Per Inspection

EA

0036 Ordering Period 4 The contractor shall provide construction inspection services; Region 3: Northwest, North Central, and Southwest: Alaska, California, Idaho, Minnesota, Nevada, Utah, Wyoming

275 Per Inspection

EA

0037 Performance Incentive 0038 Ordering Period 5 The contractor shall provide construction inspection services; Region 1: Southeast, South Central, and Hawaii: Arkansas, Alabama, Florida, Georgia, Kentucky, 531 Per

Quantity

Unit Unit Price

Amount

Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas.

0039 Ordering Period 5 The contractor shall provide construction inspection services; Region 1: Southeast, South Central, and Hawaii: Hawaii, Oahu

80 Per Inspection

EA

0040 Ordering Period 5 The contractor shall provide construction inspection services; Region 1: Southeast, South Central, and Hawaii: Kauai, Maui

27 Per Inspection

EA

0041 Ordering Period 5 The contractor shall provide construction inspection services; Region 2: Northeast and Colorado: DC, Delaware, Maryland, New Jersey, Pennsylvania, Virginia, West Virginia

363 Per Inspection

EA

0042 Ordering Period 5 The contractor shall provide construction inspection services; Region 2: Northeast and Colorado: Colorado, Connecticut, Illinois, Indiana, Michigan, New Hampshire, Ohio, Vermont, Wisconsin

563 Per Inspection

EA

0043 Ordering Period 5 The contractor shall provide construction inspection services; Region 2: Northeast and Colorado: Maine, Massachusetts, Missouri, New York, Rhode Island

288 Per Inspection

EA

0044 Ordering Period 5 The contractor shall provide construction inspection services; Region 3: Northwest, North Central, and Southwest: Arizona, Iowa, Kansas, Montana, Nebraska, North Dakota, Oregon, South Dakota, Washington

216 Per Inspection

EA

0045 Ordering Period 5 The contractor shall provide construction inspection services; Region 3: Northwest, North Central, and Southwest: Alaska, California, Idaho, Minnesota, Nevada, Utah, Wyoming

275 Per Inspection

EA

0046 Performance Incentive Not to Exceed

0047 Ordering Period 5 Option Line Item:

The contractor shall provide construction inspection transition out.

1 LOT

Grand Total

(b)(9) – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PERFORMANCE WORK STATEMENT

The Performance Work Statement is provided as Attachment A of this solicitation which includes the Performance Requirement Summary.

(10) PACKAGING AND MARKING

a. All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and contractor name. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.

b. The reports shall be delivered F.O.B. Destination as set forth in FAR Clause 52-247-35, F.O.B. Destination, Within Consignee Premises (April 1984), as specified in the delivery schedule.

c. Unless otherwise specified, deliveries shall be made to the Delivery Point specified Mondays through Fridays (excluding Federal Holidays and Executive Orders or Presidential Proclamation).

(11) INSPECTION AND ACCEPTANCE

HUDAR 2452.246-70 INSPECTION AND ACCEPTANCE (FEB 2006)

Inspection and acceptance of all work required under this contract shall be performed by the Government Technical Representative (GTR) or other individual as designated by the Contracting Officer or the GTR.

(12) DELIVERIES OR PERFORMANCE

PERIOD OF PERFORMANCE

Base Contract: The ordering periods for this contract is five (5) years from the effective date of the contract.

Task Order: Task order period of performance may not exceed 5 years, including options, unless approved by the HUD Contracting Office.

Although task orders may be issued at any time during this ordering period, two constraints apply to the period of performance for task orders. First, the period of performance for a task order may not go beyond one (1) year after the end of the ordering period. Secondly, a Task Order may not be awarded with a period of performance that exceeds five (5) years (inclusive of all options).

(13) PLACE OF PERFORMANCE

It is anticipated that the preponderance of work to be performed shall be conducted at the contractor facility/ or the job site.

Each Task Order will specify the Region where the work is to be performed.

(14) DELIVERIES

Satisfactory performance of this contract shall be deemed to occur upon performance of the work and upon delivery and acceptance by the General Technical Representative (GTR) or the General Technical Monitor (GTM).

a. Deliveries required by the Contractor shall be made F.O.B.

Destination as set forth in FAR Clause 52.247-35, F.O.B. Destination, Within consignees Premises (April 1984) and any specification stated in PACKAGING AND MARKING AND SHIPPING.

b. Unless otherwise specified, deliveries shall be made to the Delivery Point specified in each tasks order Mondays through Fridays (excluding Federal Holidays & Executive Order) between the hours of 8:30 a.m. and 5:30 p.m.(local time). Supplies or services scheduled for delivery on a Federal holiday shall be made the following day.

(c) CONTRACT CLAUSES

(1) FAR CLAUSE 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

(DEC2014)

(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 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;

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(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.

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(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 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).

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(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 https://acquisition.gov/far/current/html/Subpart 32_6.html#wp1031326 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.

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