Solicitation_Amendment_FA441919RA0030003_SF_30.pdf

R

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBE

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

The Purpose of This Amendment Is: To change the contract type to an Indefinite Delivery, Indefinite Quantity contract and the estimated period of performance. Due to the change in contract type, various clauses have been updated/added/removed. The following attachments have also been updated:

- Attachment 1 - COCESS SOW dated 13 August 2019

- Attachment B - COCESS SPI Bid Schedule dated 4 September 2019

- Attachment 3 - Section L - Instructions to Offerors

- Attachment 4 - Section M - Evaluation Factors for Award

Please see Altus AFB Cover Letter for full details on the changes of this amendment. All other terms and conditions remain the same.

Supplies or Services & Prices or Costs

The following CLIN(s) / SLIN(s) were modified:

0001 - COCESS ITEMS - Contractor shall provide all necessary labor, supervision, equipment, supplies, transportation and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Altus AFB, Oklahoma. The Contractor shall source, purchase, receive, issue, deliver and stock a variety of materials, equipment, parts and supplies for construction and facility maintenance and repair for use by authorized Civil Engineer Squadron (CES) personnel and Facility Managers. See Attachment B and Attachment K, as well as Exhibits 2 and 3 of the Statement of Work for examples of the types of items to be purchased on this CLIN.

INFORMATION FROM TO

Description COCESS ITEMS - Contractor shall provide all necessary labor, supervision, equipment, supplies, transportation and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Altus AFB, Oklahoma.

The Contractor shall source, purchase, receive, issue, deliver and stock a variety of materials, equipment, parts and supplies for construction and facility maintenance and repair for use by authorized Civil Engineer Squadron (CES) personnel and Facility Managers. See Attachment B and Attachment K, as well as Exhibits 2 and 3 of the Statement of Work for examples of the types of items to be purchased on this CLIN.

A Not to Exceed (NTE) value will be placed on this CLIN and

COCESS ITEMS - Contractor shall provide all necessary labor, supervision, equipment, supplies, transportation and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Altus AFB, Oklahoma. The Contractor shall source, purchase, receive, issue, deliver and stock a variety of materials, equipment, parts and supplies for construction and facility maintenance and repair for use by authorized Civil Engineer Squadron (CES) personnel and Facility Managers. See Attachment B and Attachment K, as well as Exhibits 2 and 3 of the Statement of Work for examples of the types of items to be purchased on this CLIN.

FA441919RA0030003

may be incrementally funded via funding SLINS.

Cost Constraints Not to Exceed Estimated

Option Line Item 1001 - COCESS ITEMS - Contractor shall provide all necessary labor, supervision, equipment, supplies, transportation and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Altus AFB, Oklahoma. The Contractor shall source, purchase, receive, issue, deliver and stock a variety of materials, equipment, parts and supplies for construction and facility maintenance and repair for use by authorized Civil Engineer Squadron (CES) personnel and Facility Managers. See Attachment B and Attachment K, as well as Exhibits 2 and 3 of the Statement of Work for examples of the types of items to be purchased on this CLIN.

INFORMATION FROM TO

Description COCESS ITEMS - Contractor shall provide all necessary labor, supervision, equipment, supplies, transportation and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Altus AFB, Oklahoma.

The Contractor shall source, purchase, receive, issue, deliver and stock a variety of materials, equipment, parts and supplies for construction and facility maintenance and repair for use by authorized Civil Engineer Squadron (CES) personnel and Facility Managers. See Attachment B and Attachment K, as well as Exhibits 2 and 3 of the Statement of Work for examples of the types of items to be purchased on this CLIN.

A Not to Exceed (NTE) value will be placed on this CLIN and may be incrementally funded via funding SLINS.

COCESS ITEMS - Contractor shall provide all necessary labor, supervision, equipment, supplies, transportation and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Altus AFB, Oklahoma. The Contractor shall source, purchase, receive, issue, deliver and stock a variety of materials, equipment, parts and supplies for construction and facility maintenance and repair for use by authorized Civil Engineer Squadron (CES) personnel and Facility Managers. See Attachment B and Attachment K, as well as Exhibits 2 and 3 of the Statement of Work for examples of the types of items to be purchased on this CLIN.

Option Line Item 2001 - COCESS ITEMS - Contractor shall provide all necessary labor, supervision, equipment, supplies, transportation and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Altus AFB, Oklahoma. The Contractor shall source, purchase, receive, issue, deliver and stock a variety of materials, equipment, parts and supplies for construction and facility maintenance and repair for use by authorized Civil Engineer Squadron (CES) personnel and Facility Managers. See Attachment B and Attachment K, as well as Exhibits 2 and 3 of the Statement of Work for examples of the types of items to be purchased on this CLIN.

INFORMATION FROM TO

Description COCESS ITEMS - Contractor shall provide all necessary labor, supervision, equipment, COCESS ITEMS - Contractor shall provide all necessary labor, supervision, equipment, supplies, supplies, transportation and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Altus AFB, Oklahoma.

The Contractor shall source, purchase, receive, issue, deliver and stock a variety of materials, equipment, parts and supplies for construction and facility maintenance and repair for use by authorized Civil Engineer Squadron (CES) personnel and Facility Managers. See Attachment B and Attachment K, as well as Exhibits 2 and 3 of the Statement of Work for examples of the types of items to be purchased on this CLIN.

A Not to Exceed (NTE) value will be placed on this CLIN and may be incrementally funded via funding SLINS.

transportation and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Altus AFB, Oklahoma. The Contractor shall source, purchase, receive, issue, deliver and stock a variety of materials, equipment, parts and supplies for construction and facility maintenance and repair for use by authorized Civil Engineer Squadron (CES) personnel and Facility Managers. See Attachment B and Attachment K, as well as Exhibits 2 and 3 of the Statement of Work for examples of the types of items to be purchased on this CLIN.

Option Line Item 3001 - COCESS ITEMS - Contractor shall provide all necessary labor, supervision, equipment, supplies, transportation and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Altus AFB, Oklahoma. The Contractor shall source, purchase, receive, issue, deliver and stock a variety of materials, equipment, parts and supplies for construction and facility maintenance and repair for use by authorized Civil Engineer Squadron (CES) personnel and Facility Managers. See Attachment B and Attachment K, as well as Exhibits 2 and 3 of the Statement of Work for examples of the types of items to be purchased on this CLIN.

INFORMATION FROM TO

Description COCESS ITEMS - Contractor shall provide all necessary labor, supervision, equipment, supplies, transportation and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Altus AFB, Oklahoma.

The Contractor shall source, purchase, receive, issue, deliver and stock a variety of materials, equipment, parts and supplies for construction and facility maintenance and repair for use by authorized Civil Engineer Squadron (CES) personnel and Facility Managers. See Attachment B and Attachment K, as well as Exhibits 2 and 3

COCESS ITEMS - Contractor shall provide all necessary labor, supervision, equipment, supplies, transportation and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Altus AFB, Oklahoma. The Contractor shall source, purchase, receive, issue, deliver and stock a variety of materials, equipment, parts and supplies for construction and facility maintenance and repair for use by authorized Civil Engineer Squadron (CES) personnel and Facility Managers. See Attachment B and Attachment K, as well as Exhibits 2 and 3 of the Statement of the Statement of Work for examples of the types of items to be purchased on this CLIN.

A Not to Exceed (NTE) value will be placed on this CLIN and may be incrementally funded via funding SLINS.

of Work for examples of the types of items to be purchased on this CLIN.

Option Line Item 4001 - COCESS ITEMS - Contractor shall provide all necessary labor, supervision, equipment, supplies, transportation and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Altus AFB, Oklahoma. The Contractor shall source, purchase, receive, issue, deliver and stock a variety of materials, equipment, parts and supplies for construction and facility maintenance and repair for use by authorized Civil Engineer Squadron (CES) personnel and Facility Managers. See Attachment B and Attachment K, as well as Exhibits 2 and 3 of the Statement of Work for examples of the types of items to be purchased on this CLIN.

INFORMATION FROM TO

Description COCESS ITEMS - Contractor shall provide all necessary labor, supervision, equipment, supplies, transportation and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Altus AFB, Oklahoma.

The Contractor shall source, purchase, receive, issue, deliver and stock a variety of materials, equipment, parts and supplies for construction and facility maintenance and repair for use by authorized Civil Engineer Squadron (CES) personnel and Facility Managers. See Attachment B and Attachment K, as well as Exhibits 2 and 3 of the Statement of Work for examples of the types of items to be purchased on this CLIN.

A Not to Exceed (NTE) value will be placed on this CLIN and may be incrementally funded via funding SLINS.

COCESS ITEMS - Contractor shall provide all necessary labor, supervision, equipment, supplies, transportation and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Altus AFB, Oklahoma. The Contractor shall source, purchase, receive, issue, deliver and stock a variety of materials, equipment, parts and supplies for construction and facility maintenance and repair for use by authorized Civil Engineer Squadron (CES) personnel and Facility Managers. See Attachment B and Attachment K, as well as Exhibits 2 and 3 of the Statement of Work for examples of the types of items to be purchased on this CLIN.

Specification/SOW/SOO/ORD

The Requirements text has been modified to:

The Contractor shall provide all necessary labor, supervision, equipment, supplies, transportation and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Altus AFB, Oklahoma. The Contractor shall source, purchase, receive, issue, deliver and stock a variety of materials, equipment, parts and supplies for construction and facility maintenance and repair for use by authorized Civil Engineer Squadron (CES) personnel and Facility Managers. The guaranteed minimum amount for this IDIQ will be $5,000.00. The maximum amount for this IDIQ will be $9,000,000.00.

Deliveries or Performance

The delivery information for the following CLIN(s) / SLIN(s) were modified:

0001 - COCESS ITEMS - Contractor shall provide all necessary labor, supervision, equipment, supplies, transportation and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Altus AFB, Oklahoma. The Contractor shall source, purchase, receive, issue, deliver and stock a variety of materials, equipment, parts and supplies for construction and facility maintenance and repair for use by authorized Civil Engineer Squadron (CES) personnel and Facility Managers. See Attachment B and Attachment K, as well as Exhibits 2 and 3 of the Statement of Work for examples of the types of items to be purchased on this CLIN.

Place of Performance - F1B3R2 - F1B3R2 97CES CEIAR

INFORMATION FROM TO

Delivery Delivery Period from 06/01/2019 to 09/30/2019

Delivery Period from 12/01/2019 to 09/30/2020

Option Line Item 1001 - COCESS ITEMS - Contractor shall provide all necessary labor, supervision, equipment, supplies, transportation and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Altus AFB, Oklahoma. The Contractor shall source, purchase, receive, issue, deliver and stock a variety of materials, equipment, parts and supplies for construction and facility maintenance and repair for use by authorized Civil Engineer Squadron (CES) personnel and Facility Managers. See Attachment B and Attachment K, as well as Exhibits 2 and 3 of the Statement of Work for examples of the types of items to be purchased on this CLIN.

Place of Performance - F1B3R2 - F1B3R2 97CES CEIAR

INFORMATION FROM TO

Delivery Delivery Period from 10/01/2019 to 09/30/2020

Delivery Period from 10/01/2020 to 09/30/2021

Option Line Item 2001 - COCESS ITEMS - Contractor shall provide all necessary labor, supervision, equipment, supplies, transportation and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Altus AFB, Oklahoma. The Contractor shall source, purchase, receive, issue, deliver and stock a variety of materials, equipment, parts and supplies for construction and facility maintenance and repair for use by authorized Civil Engineer Squadron (CES) personnel and Facility Managers. See Attachment B and Attachment K, as well as Exhibits 2 and 3 of the Statement of Work for examples of the types of items to be purchased on this CLIN.

Place of Performance - F1B3R2 - F1B3R2 97CES CEIAR

INFORMATION FROM TO

Delivery Delivery Period from 10/01/2020 to 09/30/2021

Delivery Period from 10/01/2021 to 09/30/2022

Option Line Item 3001 - COCESS ITEMS - Contractor shall provide all necessary labor, supervision, equipment, supplies, transportation and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Altus AFB, Oklahoma. The Contractor shall source, purchase, receive, issue, deliver and stock a variety of materials, equipment, parts and supplies for construction and facility maintenance and repair for use by authorized Civil Engineer Squadron (CES) personnel and Facility Managers. See Attachment B and Attachment K, as well as Exhibits 2 and 3 of the Statement of Work for examples of the types of items to be purchased on this CLIN.

Place of Performance - F1B3R2 - F1B3R2 97CES CEIAR

INFORMATION FROM TO

Delivery Delivery Period from 10/01/2021 to 09/30/2022

Delivery Period from 10/01/2022 to 09/30/2023

Option Line Item 4001 - COCESS ITEMS - Contractor shall provide all necessary labor, supervision, equipment, supplies, transportation and materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Altus AFB, Oklahoma. The Contractor shall source, purchase, receive, issue, deliver and stock a variety of materials, equipment, parts and supplies for construction and facility maintenance and repair for use by authorized Civil Engineer Squadron (CES) personnel and Facility Managers. See Attachment B and Attachment K, as well as Exhibits 2 and 3 of the Statement of Work for examples of the types of items to be purchased on this CLIN.

Place of Performance - F1B3R2 - F1B3R2 97CES CEIAR

INFORMATION FROM TO

Delivery Delivery Period from 10/01/2022 to 09/30/2023

Delivery Period from 10/01/2023 to 09/30/2024

The following clauses were modified:

252.247-7023 - Transportation of Supplies by Sea. Apr 2014 hereby reads as follows:

Basic. As prescribed in 247.574(b) and (b)(1), use the following clause:

TRANSPORTATION OF SUPPLIES BY SEABASIC (FEB 2019)

(a) Definitions. As used in this clause

Components means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

Department of Defense (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

Foreign-flag vessel means any vessel that is not a U.S.-flag vessel.

Ocean transportation means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

Subcontractor means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

Supplies means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) Supplies includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items;

construction materials; and components of the foregoing.

U.S.-flag vessel means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if

(i) This contract is a construction contract; or

(ii) The supplies being transported are

(A) Noncommercial items; or

(B) Commercial items that

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules.

The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

| || ITEM DESCRIPTION || CONTRACT LINE ITEMS || QUANTITY |

| TOTAL || ____ || ____ || ____ |

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall

(1) Notify the Contracting Officer of that fact; and

(2) Comply with all the terms and conditions of this clause.

(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

Date Changed From: Apr 2014 To: Feb 2019

52.211-17 - Delivery of Excess Quantities. Sep 1989 hereby reads as follows:

As prescribed in 11.703(b), insert the following clause:

Delivery of Excess Quantities (Sept 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price.

(End of clause)

Contract Administration Data

Miscellaneous text in this section has been deleted.

Contract Clauses

Additional Information/Notes

The following clauses were added:

FAR Clauses Incorporated by Reference

52.203-11 - Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. Sep 2007

FAR Clauses Incorporated by Full Text

52.212-4 - Contract Terms and Conditions-Commercial Items. Oct 2018

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

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 (31U.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 41U.S.C.chapter71, 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, line item number and, if applicable, the order number;

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

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

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

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

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

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

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

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

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

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part1315.

(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 Part1315.

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The StandardForm1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

(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.

52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items. May 2019

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (May2019)

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

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

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

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31U.S.C.3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19U.S.C.3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

____ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41U.S.C.4704 and 10U.S.C.2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41U.S.C.3509)).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

____ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31U.S.C.6101note).

____ (5) [Reserved].

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

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

____ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31U.S.C.6101 note).

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

____ (10) [Reserved].

____ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15U.S.C.657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

____ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15U.S.C.657a).

____ (ii) Alternate I (Jan 2011) of 52.219-4.

____ (13) [Reserved]

____ (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15U.S.C.644).

(ii) Alternate I (Nov 2011).

____ (iii) Alternate II (Nov 2011).

____ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15U.S.C.644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (Oct2018) (15U.S.C.637(d)(2) and (3)).

____ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Aug2018) (15U.S.C.637(d)(4))

____ (ii) Alternate I (Jan 2017) of 52.219-9.

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

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Aug 2018) of 52.219-9

____ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15U.S.C.644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15U.S.C.637(a)(14)).

____ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15U.S.C.637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15U.S.C.657f).

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15U.S.C.632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15U.S.C.637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec2015) (15U.S.C.637(m)).

____ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

____ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).

____ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

____ (28)

(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

(29)

(i) 52.222-35, Equal Opportunity for Veterans (Oct2015) (38U.S.C.4212).

(ii) Alternate I (July 2014) of 52.222-35.

(30)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29U.S.C.793).

(ii) Alternate I (July 2014) of 52.222-36.

____ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38U.S.C.4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

____ (33)

(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22U.S.C.chapter78 and E.O. 13627).

____ (ii) Alternate I (Mar 2015) of 52.222-50 (22U.S.C.chapter 78 and E.O. 13627).

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____(35)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____(ii) Alternate I (May 2008) of 52.223-9 (42U.S.C.6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

____(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).

____ (38)

(i) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

____ (39)

(i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (Jun2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in…