HE1280-11-R-0001 FINAL.pdf

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HE1280-11-R-0001 Mediterranean School Maintenance Program (MSMP) Federal contract opportunity
Solicitation number
he1280-11-r-0001
Issued by
Department of Defense Education Activity

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Solicitation HE1280-11-R-0001

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Other files attached to HE1280-11-R-0001 Mediterranean School Maintenance Program (MSMP), newest first.
File Type Posted
HE1280-11-R-0001 Amendment 0006.pdf PDF
Attachment 10 - Responses to Industry not provided in Attachment 9 - Amend6.pdf PDF
Exhibit R - Non-Routine Pricing Spreadsheets Amend6.xlsx XLSX spreadsheet
HE1280-11-R-0001 Amendment 0005.pdf PDF
Exhibit H - Installed Equipment Summary.pdf PDF
HE1280-11-R-0001 Amendment 0004.pdf PDF
HE1280-11-R-0001 Amendment 0003.pdf PDF
Exhibit R - Non-Routine Pricing Spreadsheets Amend3.xlsx XLSX spreadsheet
Attachment 9 - Responses to Questions-Comments from Industry - Final Solicitation.pdf PDF
HE1280-11-R-0001 Amendment 0002.pdf PDF
HE1280-11-R-0001-0001_Amend__MSMP.pdf PDF
ATTACHMENT 4C - Instructions for Completing the SF 1034.pdf PDF
Exhibit S - Lunch Room Schedule.pdf PDF
Attachment 7 - Responses to Questions-Comments from Industry - Second Draft Solicitation for HE1280.pdf PDF
Exhibit G - Med District ACM Report - Summary.pdf PDF
Exhibit E7 - Lajes EHS.pdf PDF
Exhibit E5 - Rota ES-MS-HS.pdf PDF
Exhibit Q2 - Livorno Facility Utilization Survey Data Plans.pdf PDF
Exhibit Q4 - Sigonella Facility Utilization Survey Data Plans.pdf PDF
Exhibit P - Elementary School Education Specifications.pdf PDF
Exhibit A - Med District Regional Maps.pdf PDF
Exhibit U - Historical Routine Services.pdf PDF
Exhibit K - DoDDS School Calendar 10-11 and 11-12.pdf PDF
Exhibit Q8 - Med DSO Facility Utilization Survey Data Plans.pdf PDF
Exhibit J - Project Workload Other than Routine Services.pdf PDF
Exhibit Q6 - Seville Facility Utilization Survey Data Plans.pdf PDF
Exhibit F4 - Portugal Facility Report.pdf PDF
Exhibit M - Government Furnished Facilities.pdf PDF
Exhibit E2 - Vicenza.pdf PDF
Exhibit E6 - Sevilla ES.pdf PDF
Exhibit Q7 - Lajes Facility Utilization Survey Data Plans.pdf PDF
Exhibit F1 - Q Ratings.pdf PDF
Exhibit F2 - Italy Facility Report.pdf PDF
Attachment 3 - MSMP Past Performance Certification.docx DOCX document
ATTACHMENT 4B - SF 1035 Continuation Sheet.pdf PDF
Attachment 2 - PAST_PERFORMANCE_QUESTIONNAIRE.doc DOC document
Exhibit F3 - Spain Facility Report.pdf PDF
Attachment 1 - Seed Project.pdf PDF
Exhibit T - Historical Non-Routine Financial Data.pdf PDF
ATTACHMENT 4A - SF 1034 Public Voucher.pdf PDF
Exhibit Q3 Vicenza Facility Utilization Survey Data Plans.pdf PDF
Exhibit D - Med District Areas.pdf PDF
Attachment 5 - Quality Assurance Surveillance Plan.pdf PDF
Cover Letter HE1280-11-R-0001 Final Solicitation.pdf PDF
Exhibit H - Installed Equipment Summary.pdf PDF
Exhibit E1 - Aviano EMHS.pdf PDF
Exhibit Q1 - Aviano Facility Utilization Survey Data Plans.pdf PDF
Exhibit N - SchoolDude WorkOrderProcess.pdf PDF
Exhibit E8 - Mediterranean DSO.pdf PDF
Exhibit C - Official School Addresses.pdf PDF
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Text version

DODDS-EUROPE PROCUREMENT DIVISION

ATTN: GINA ROMANO

GINA.ROMANO@EU.DODEA.EDU

LUDWIG WOLKER STR GEB 4003

MAINZ-KASTEL 55252

49 6134 604 506 496134604906

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

32.5M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

HE1280-11-R-0001 20-May-2011

b. TELEPHONE NUMBER

496134604506

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 17 Jun 2011

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

HE1280

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

GINA ROMANO

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

561210

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

HE601411RCM0094

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

2 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

HE1280-11-R-0001

Section SF 1449 - CONTINUATION SHEET

ADDITIONAL INFORMATION

Period of Performance (estimated):

Base Period: 01 Sep 2011 to 31 Aug 2012 (Phase-In: 01 Sep 2011 to 31 Oct 2011)

Option Year 1: 01 Sep 2012 to 31 Aug 2013 Option Year 2: 01 Sep 2013 to 31 Aug 2014 Option Year 3: 01 Sep 2014 to 31 Aug 2015 Option Year 4: 01 Sep 2015 to 31 Aug 2016

Contract awards will be made by country for the three (3) countries stated in the solicitation. A contractor may bid on one or all countries. Offers for less than the total amount per country will be considered non-conforming to this solicitation and will not be considered for evaluation. More than one country may be awarded to a single offeror.

The countries are designated as follows:

1. Italy – Aviano, Livorno, Sigonella and Vicenza (which includes the DSO)

2. Spain – Rota and Seville

3. Portugal – Lajes

Offerors are advised that all pricing for the services as described in the Performance Work Statement (PWS) must be completed on the Schedule of Supplies/Services and Exhibit R, Non-Routine Pricing Spreadsheet, for each country offered. Offers received absent this completed information will be considered non-conforming and will not be considered for evaluation.

This is a commercial Requirements contract using both Fixed Price (FP) and Time and Material (T&M) pricing under the Base Period and Option Period CLINs as follows:

Fixed Price:

Routine Facilities Preventative Maintenance (PM), Maintenance and Repair Routine Pest Control Routine Grounds Maintenance Routine Custodial Routine Lunchroom Services Transition-In (Base Period only) Transition-Out (Option Year 4 only)

EXCEPT FOR THE OFFEROR’S MATERIAL HANDLING RATE PERCENTAGE, THESE

CLINS (NON-ROUTINE) SHALL NOT BE PRICED IN THE SCHEDULE – these CLINs/SubCLINs will be utilized using the offerors’ proposed rates for labor categories/crafts in Exhibit R, Non-Routine Pricing Spreadsheet:

Time and Materials:

Non-Routine Facilities Non-Routine Pest Control Non-Routine Grounds Maintenance

Non-Routine Custodial Hazardous Materials (HAZMAT)/Asbestos Minor Construction Materials Material Handling Rate

Inspection and Acceptance will be performed by the Contracting Officer’s Representative (COR) or designated government representative(s).

Firm Fixed Price: In accordance with DFARS 252.232-7003, the use of electronic payment request must be submitted utilizing the Wide Area WorkFlow (WAWF) application and is mandatory for all U.S. and Foreign DoD contractors. Details provided in the Addendum to FAR 52.212-4.

Compensation for Services for Time and Materials - All costs for non-routine work must be loaded into the hourly rates with the exception of parts and materials and its associated material handling fee. These costs include wages, overhead, general and administrative expenses and profit for labor to be performed, plans/drawings, the supervision in accordance with craft ordinances, stocking of materials, service vehicles, travel expenses and sub-contractor costs.

The Contractor will be compensated for the actual quantity of services "called" for and rendered. The quantity of services is estimated. The Offeror shall insert proposed fully burdened composite labor rates and total estimated amounts for each country proposed in Exhibit R, Non-Routine Pricing Spreadsheet.

Sub-Contractor Labor Hour Rates will be paid at the Prime Contractor's Labor Hour Rates for all work performed under this contract.

Material Handling Cost (Time and Material portion) - The Contractor will be paid the cost for handling of materials furnished and used directly in the performance of non-routine services under this contract, at the proposed rate shown in the Schedule of Services/Supplies and 52.212-4 ALT I.

Cost Ceiling (Time and Material portion) - It is estimated that the total cost to the Government for performance shall be the cumulative total of all orders issued hereunder as adjusted by final contract audit determination. The Contractor shall not exceed the ceiling price established in each task order. The Contractor agrees to use his best efforts to perform the work specified in each issued task order and to meet all conditions under the task order/contract within the established ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. Upon reaching the ceiling, the Contractor shall discontinue work pending further funding by the Contracting Officer.

Orders may be issued orally, by facsimile or by electronic commerce methods by the Contracting Officer.

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 Italy - Routine

Provide all Routine Services as described in the Performance Work Statement (PWS) for designated DoDDS-E schools in Italy - Aviano, Livorno, Vicenza (includes District Superintendent's Office(DSO), Sigonella.

PURCHASE REQUEST NUMBER: HE601411RCM0094

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AA Routine Facilities

12 Months

Provide Routine Maintenance and Repair in accordance with the PWS.

0001AB Pest Control

Provide Routine Pest Control in accordance with the

PWS.

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AC Grounds Maintenance

Provide Routine Grounds Maintenance in accordance with the PWS.

0001AD Custodial

Provide Routine Custodial services in accordance with the PWS.

0001AE Lunchroom Services

10 Months

Provide Routine Lunchroom Services in accordance with the PWS. Services shall be billed from September to June of each year.

0001AF Italy Transition-In

1 Lump Sum

Transition-In activities in accordance with the PWS. Partial payments not authorized - contractor may submit an invoice only at the end of the 60 day transition-in period.

ITEM NO SUPPLIES/SERVICES EST.

UNIT UNIT PRICE EST. AMOUNT

Italy- Non-Routine Services

T&M Provide all Non-Routine Services and Projects as described in the Performance Work Statement (PWS) for designated DoDDS-E schools in Italy - Aviano, Livorno, Vicenza (includes District Superintendent's Office(DSO), Sigonella.

FOB: Destination

TOT ESTIMATED PRICE

CEILING PRICE

UNIT UNIT PRICE EST. AMOUNT

0002AA

Facilities

T&M Provide Non-Routine Maintenance and Repair Labor in accordance with the

PWS.

UNIT UNIT PRICE EST. AMOUNT

0002AB

Pest Control

T&M Provide Non-Routine Pest Control Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

0002AC

Grounds Maintenance

T&M Provide Non-Routine Grounds Maintenance Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

0002AD

Custodial

T&M Provide Non-Routine Custodial Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

0002AE

HAZMAT & Asbestos

T&M Perform labor services for Hazardous Materials (HAZMAT) and Asbestos in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

0002AF

Minor Construction

T&M Perform Minor Construction Labor in accordance with the PWS.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002AG Lump

T&M Materials at actual cost

UNIT UNIT PRICE EST. AMOUNT

0002AH

Material Handling

T&M Materials Cost x Material Handling Rate of _______%

0003 Routine - Spain

Provide all Routine Services as described in the Performance Work Statement (PWS) for designated DoDDS-E schools in Spain - Seville and Rota.

0003AA Facilities

Provide Routine Maintenance and Repair in accordance with the PWS.

0003AB Pest Control

Provide Routine Pest Control in accordance with the PWS.

0003AC Grounds Maintenance

Provide Routine Grounds Maintenance in accordance with the PWS.

0003AD Custodial

0003AE Lunchroom Services

0003AF Spain Transition-In

UNIT UNIT PRICE EST. AMOUNT

Non-Routine - Spain

T&M Provide all Non-Routine Services and Projects as described in the Performance Work Statement (PWS) for designated DoDDS-E schools in Spain - Seville and Rota.

UNIT UNIT PRICE EST. AMOUNT

0004AA

Facilities

T&M Provide Non-Routine Maintenance and Repair Labor in accordance with the

PWS.

UNIT UNIT PRICE EST. AMOUNT

0004AB 100 Hours Pest Control

T&M

UNIT UNIT PRICE EST. AMOUNT

0004AC

Grounds Maintenance

T&M Provide Non-Routine Grounds Maintenance Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

0004AD

Custodial

T&M Provide Non-Routine Custodial Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

0004AE

HAZMAT/Asbestos

T&M Perform labor services for Hazardous Materials (HAZMAT) and Asbestos in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

0004AF

Minor Construction

T&M Perform Minor Construction Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

0004AG

Materials

T&M

UNIT UNIT PRICE EST. AMOUNT

0004AH

Material Handling

T&M

ITEM NO SUPPLIES/SERVICE

S

ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0005 Routine - Portugal

Provide all Routine Services as described in the schools in Portugal - Lajes.

STIMATED

ESTIMATED

QUANTITY

0005AA Facilities

Provide Routine Maintenance and Repair in accordance

ESTIMATED

QUANTITY

0005AB Pest Control

Provide Routine Pest Control in accordance with the

ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0005AC Grounds

Provide Routine Grounds Maintenance in accordance with

0005AD Custodial

0005AE Lunchroom Services

0005AF Portugal Transition-In

UNIT UNIT PRICE EST. AMOUNT

Non-Routine - Portugal

T&M Provide all Non-Routine Services as described in the Performance Work Statement (PWS) for designated DoDDS-E schools in Portugal - Lajes.

UNIT UNIT PRICE EST. AMOUNT

0006AA

Facilities

T&M Provide Non-Routine Maintenance and Repair Labor in accordance with the

PWS.

UNIT UNIT PRICE EST. AMOUNT

0006AB

Pest Control

T&M

UNIT UNIT PRICE EST. AMOUNT

0006AC

Grounds Maintenenace

T&M Provide Non-Routine Grounds Maintenance Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

0006AD

Custodial

T&M Provide Non-Routine Custodial Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

0006AE

HAZMAT/Asbestos

T&M Perform labor services for Hazardous Materials (HAZMAT) and Asbestos in

UNIT UNIT PRICE EST. AMOUNT

0006AF

Minor Construction

T&M Perform Minor Construction Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

0006AG Lump

UNIT UNIT PRICE EST. AMOUNT

0006AH

Material Handling

T&M

1001 Italy - Routine

OPTION Provide all Routine Services as described in the Performance Work Statement (PWS) for designated DoDDS-E schools in Italy - Aviano, Livorno, Vicenza (includes District Superintendent's Office(DSO), Sigonella.

1001AA Routine Facilities

OPTION Provide Routine Maintenance and Repair in accordance with the PWS.

1001AB Pest Control

OPTION Provide Routine Pest Control in accordance with the PWS.

1001AC Grounds Maintenance

OPTION Provide Routine Grounds Maintenance in accordance with the PWS.

1001AD Custodial

OPTION Provide Routine Custodial services in accordance with the PWS.

1001AE Lunchroom Services

OPTION Provide Routine Lunchroom Services in accordance with the PWS. Services shall

UNIT UNIT PRICE EST. AMOUNT

OPTION Italy- Non-Routine Services

T&M Provide all Non-Routine Services and Projects as described in the Performance Work Statement (PWS) for designated DoDDS-E schools in Italy - Aviano, Livorno, Vicenza (includes District Superintendent's Office(DSO), Sigonella.

UNIT UNIT PRICE EST. AMOUNT

1002AA

OPTION Facilities

T&M Provide Non-Routine Maintenance and Repair Labor in accordance with the

PWS.

UNIT UNIT PRICE EST. AMOUNT

1002AB

OPTION Pest Control

T&M

UNIT UNIT PRICE EST. AMOUNT

1002AC

OPTION Grounds Maintenance

T&M Provide Non-Routine Grounds Maintenance Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

1002AD

OPTION Custodial

T&M Provide Non-Routine Custodial Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

1002AE

OPTION HAZMAT/Asbestos

T&M Perform labor services for Hazardous Materials (HAZMAT) and Asbestos in

UNIT UNIT PRICE EST. AMOUNT

1002AF

OPTION Minor Construction

T&M Perform Minor Construction Labor in accordance with the PWS.

1002AG Lump

OPTION Materials

UNIT UNIT PRICE EST. AMOUNT

1002AH

OPTION Material Handling

T&M

ESTIMATED

QUANTITY

1003 Routine - Spain

OPTION Provide all Routine Services as described in the schools in Spain - Seville and Rota.

ESTIMATED

QUANTITY

1003AA Facilities

OPTION Provide Routine Maintenance and Repair in accordance

ESTIMATED

QUANTITY

1003AB Pest Control

OPTION Provide Routine Pest Control in accordance with the

ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

1003AC Grounds

OPTION Provide Routine Grounds Maintenance in accordance with

ESTIMATED

QUANTITY

1003AD Custodial

OPTION Provide Routine Custodial services in accordance with

1003AE Lunchroom Services

UNIT UNIT PRICE EST. AMOUNT

OPTION Non-Routine - Spain

T&M Provide all Non-Routine Services and Projects as described in the Performance Work Statement (PWS) for designated DoDDS-E schools in Spain - Seville and Rota.

UNIT UNIT PRICE EST. AMOUNT

1004AA

OPTION Facilities

T&M Provide Non-Routine Maintenance and Repair Labor in accordance with the

PWS.

UNIT UNIT PRICE EST. AMOUNT

1004AB 100 Hours OPTION Pest Control

T&M

UNIT UNIT PRICE EST. AMOUNT

1004AC

OPTION Grounds Maintenance

T&M Provide Non-Routine Grounds Maintenance Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

1004AD

OPTION Custodial

T&M Provide Non-Routine Custodial Labor in accordance with the PWS.

1004AE HAZMAT/Asbestos

OPTION Perform labor services for Hazardous Materials (HAZMAT) and Asbestos in

UNIT UNIT PRICE EST. AMOUNT

1004AF

OPTION Minor Construction

T&M Perform Minor Construction Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

1004AG

OPTION Materials

T&M

UNIT UNIT PRICE EST. AMOUNT

1004AH

OPTION Material Handling

T&M

1005 Routine - Portugal

(PWS) for designated DoDDS-E schools in Portugal - Lajes.

1005AA Facilities

1005AB Pest Control

1005AC Grounds Maintenance

1005AD Custodial

1005AE Lunchroom Services

1006 Non-Routine - Portugal

OPTION Provide all Non-Routine Services as described in the Performance Work Statement (PWS) for designated DoDDS-E schools in Portugal - Lajes.

1006AA Facilities

OPTION Provide Non-Routine Maintenance and Repair Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

1006AB

OPTION Pest Control

T&M

ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

1006AC Grounds Maintenenace

OPTION Provide Non-Routine Grounds Maintenance Labor in

ESTIMATED

QUANTITY

1006AD Custodial

OPTION Provide Non-Routine Custodial Labor in accordance with

ESTIMATED

QUANTITY

1006AE HAZMAT/Asbestos

OPTION Perform labor services for Hazardous Materials (HAZMAT) and Asbestos in accordance with the PWS.

ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

1006AF Minor Construction

OPTION Perform Minor Construction Labor in accordance with the

UNIT UNIT PRICE EST. AMOUNT

1006AG

OPTION Materials

T&M

UNIT UNIT PRICE EST. AMOUNT

1006AH

OPTION Material Handling

T&M

ESTIMATED

QUANTITY

2001 Italy - Routine schools in Italy - Aviano, Livorno, Vicenza (includes District Superintendent's Office(DSO), Sigonella.

2001AA Routine Facilities

2001AB Pest Control

2001AC Grounds Maintenance

2001AD Custodial

2001AE Lunchroom Services

UNIT UNIT PRICE EST. AMOUNT

OPTION Italy- Non-Routine Services

T&M Provide all Non-Routine Services and Projects as described in the Performance Work Statement (PWS) for designated DoDDS-E schools in Italy - Aviano, Livorno, Vicenza (includes District Superintendent's Office(DSO), Sigonella.

UNIT UNIT PRICE EST. AMOUNT

2002AA

OPTION Facilities

T&M Provide Non-Routine Maintenance and Repair Labor in accordance with the

PWS.

UNIT UNIT PRICE EST. AMOUNT

2002AB

OPTION Pest Control

T&M

UNIT UNIT PRICE EST. AMOUNT

2002AC

OPTION Grounds Maintenance

T&M Provide Non-Routine Grounds Maintenance Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

2002AD

OPTION Custodial

T&M Provide Non-Routine Custodial Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

2002AE

OPTION HAZMAT/Asbestos

T&M Perform labor services for Hazardous Materials (HAZMAT) and Asbestos in

UNIT UNIT PRICE EST. AMOUNT

2002AF

OPTION Minor Construction

T&M Perform Minor Construction Labor in accordance with the PWS.

2002AG Lump

UNIT UNIT PRICE EST. AMOUNT

2002AH

OPTION Material Handling

T&M

ESTIMATED

QUANTITY

2003 Routine - Spain schools in Spain - Seville and Rota.

ESTIMATED

QUANTITY

2003AA Facilities

ESTIMATED

QUANTITY

2003AB Pest Control

ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

2003AC Grounds

ESTIMATED

QUANTITY

2003AD Custodial

OPTION Provide Routine Custodial services in accordance with

2003AE Lunchroom Services

UNIT UNIT PRICE EST. AMOUNT

OPTION Non-Routine - Spain

T&M Provide all Non-Routine Services and Projects as described in the Performance Work Statement (PWS) for designated DoDDS-E schools in Spain - Seville and Rota.

UNIT UNIT PRICE EST. AMOUNT

2004AA

OPTION Facilities

T&M Provide Non-Routine Maintenance and Repair Labor in accordance with the

PWS.

UNIT UNIT PRICE EST. AMOUNT

2004AB 100 Hours OPTION Pest Control

T&M

UNIT UNIT PRICE EST. AMOUNT

2004AC

OPTION Grounds Maintenance

T&M Provide Non-Routine Grounds Maintenance Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

2004AD

OPTION Custodial

T&M Provide Non-Routine Custodial Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

2004AE

OPTION HAZMAT/Asbestos

T&M Perform labor services for Hazardous Materials (HAZMAT) and Asbestos in

UNIT UNIT PRICE EST. AMOUNT

2004AF

OPTION Minor Construction

T&M Perform Minor Construction Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

2004AG

OPTION Materials

T&M

UNIT UNIT PRICE EST. AMOUNT

2004AH

OPTION Material Handling

T&M

2005 Routine - Portugal

(PWS) for designated DoDDS-E schools in Portugal - Lajes.

2005AA Facilities

2005AB Pest Control

2005AC Grounds Maintenance

2005AD Custodial

2005AE Lunchroom Services

2006 Non-Routine - Portugal

2006AA Facilities

UNIT UNIT PRICE EST. AMOUNT

2006AB

OPTION Pest Control

T&M

2006AC Grounds Maintenenace

OPTION Provide Non-Routine Grounds Maintenance Labor in accordance with the PWS.

2006AD Custodial

OPTION Provide Non-Routine Custodial Labor in accordance with the PWS.

2006AE HAZMAT/Asbestos

2006AF Minor Construction

OPTION Perform Minor Construction Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

2006AG

OPTION Materials

T&M

UNIT UNIT PRICE EST. AMOUNT

2006AH

OPTION Material Handling

T&M

3001 Italy - Routine

3001AA Routine Facilities

3001AB Pest Control

3001AC Grounds Maintenance

3001AD Custodial

3001AE Lunchroom Services

UNIT UNIT PRICE EST. AMOUNT

OPTION Italy- Non-Routine Services

T&M Provide all Non-Routine Services and Projects as described in the Performance Work Statement (PWS) for designated DoDDS-E schools in Italy - Aviano, Livorno, Vicenza (includes District Superintendent's Office(DSO), Sigonella.

UNIT UNIT PRICE EST. AMOUNT

3002AA

OPTION Facilities

T&M Provide Non-Routine Maintenance and Repair Labor in accordance with the

PWS.

UNIT UNIT PRICE EST. AMOUNT

3002AB

OPTION Pest Control

T&M

UNIT UNIT PRICE EST. AMOUNT

3002AC

OPTION Grounds Maintenance

T&M Provide Non-Routine Grounds Maintenance Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

3002AD

OPTION Custodial

T&M Provide Non-Routine Custodial Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

3002AE

OPTION HAZMAT/Asbestos

T&M Perform labor services for Hazardous Materials (HAZMAT) and Asbestos in

UNIT UNIT PRICE EST. AMOUNT

3002AF

OPTION Minor Construction

T&M Perform Minor Construction Labor in accordance with the PWS.

3002AG Lump

UNIT UNIT PRICE EST. AMOUNT

3002AH

OPTION Material Handling

T&M

3003 Routine - Spain

3003AA Facilities

3003AB Pest Control

3003AC Grounds Maintenance

3003AD Custodial

3003AE Lunchroom Services

UNIT UNIT PRICE EST. AMOUNT

OPTION Non-Routine - Spain

T&M Provide all Non-Routine Services and Projects as described in the Performance Work Statement (PWS) for designated DoDDS-E schools in Spain - Seville and Rota.

UNIT UNIT PRICE EST. AMOUNT

3004AA

OPTION Facilities

T&M Provide Non-Routine Maintenance and Repair Labor in accordance with the

PWS.

UNIT UNIT PRICE EST. AMOUNT

3004AB 100 Hours OPTION Pest Control

T&M

UNIT UNIT PRICE EST. AMOUNT

3004AC

OPTION Grounds Maintenance

T&M Provide Non-Routine Grounds Maintenance Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

3004AD

OPTION Custodial

T&M Provide Non-Routine Custodial Labor in accordance with the PWS.

ESTIMATED

QUANTITY

3004AE HAZMAT/Asbestos

UNIT UNIT PRICE EST. AMOUNT

3004AF

OPTION Minor Construction

T&M Perform Minor Construction Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

3004AG

OPTION Materials

T&M

UNIT UNIT PRICE EST. AMOUNT

3004AH

OPTION Material Handling

T&M

ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

3005 Routine -

ESTIMATED

QUANTITY

3005AA Facilities

ESTIMATED

QUANTITY

3005AB Pest Control

ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

3005AC Grounds

3005AD Custodial

3005AE Lunchroom Services

3006 Non-Routine - Portugal

3006AA Facilities

UNIT UNIT PRICE EST. AMOUNT

3006AB

OPTION Pest Control

T&M

3006AC Grounds Maintenenace

OPTION Provide Non-Routine Grounds Maintenance Labor in accordance with the PWS.

3006AD Custodial

OPTION Provide Non-Routine Custodial Labor in accordance with the PWS.

3006AE HAZMAT/Asbestos

3006AF Minor Construction

OPTION Perform Minor Construction Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

3006AG

OPTION Materials

T&M

UNIT UNIT PRICE EST. AMOUNT

3006AH

OPTION Material Handling

T&M

4001 Italy - Routine

4001AA Routine Facilities

4001AB Pest Control

4001AC Grounds Maintenance

4001AD Custodial

4001AE Lunchroom Services

4001AF Italy Transition-Out

OPTION Transition-out Activities only in accordance with the PWS. Partial payments not transition-out period.

UNIT UNIT PRICE EST. AMOUNT

OPTION Italy- Non-Routine Services

T&M Provide all Non-Routine Services and Projects as described in the Performance Work Statement (PWS) for designated DoDDS-E schools in Italy - Aviano, Livorno, Vicenza (includes District Superintendent's Office(DSO), Sigonella.

UNIT UNIT PRICE EST. AMOUNT

4002AA

OPTION Facilities

T&M Provide Non-Routine Maintenance and Repair Labor in accordance with the

PWS.

UNIT UNIT PRICE EST. AMOUNT

4002AB

OPTION Pest Control

T&M

UNIT UNIT PRICE EST. AMOUNT

4002AC

OPTION Grounds Maintenance

T&M Provide Non-Routine Grounds Maintenance Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

4002AD

OPTION Custodial

T&M Provide Non-Routine Custodial Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

4002AE

OPTION HAZMAT/Asbestos

T&M Perform labor services for Hazardous Materials (HAZMAT) and Asbestos in

UNIT UNIT PRICE EST. AMOUNT

4002AF

OPTION Minor Construction

T&M Perform Minor Construction Labor in accordance with the PWS.

4002AG Lump

UNIT UNIT PRICE EST. AMOUNT

4002AH

OPTION Material Handling

T&M

4003 Routine - Spain

4003AA Facilities

4003AB Pest Control

4003AC Grounds Maintenance

4003AD Custodial

4003AE Lunchroom Services

4003AF Spain Transition-Out

OPTION Transition-out activities only in accordance with the PWS. Partial payments not

UNIT UNIT PRICE EST. AMOUNT

OPTION Non-Routine - Spain

T&M Provide all Non-Routine Services and Projects as described in the Performance Work Statement (PWS) for designated DoDDS-E schools in Spain - Seville and Rota.

UNIT UNIT PRICE EST. AMOUNT

4004AA

OPTION Facilities

T&M Provide Non-Routine Maintenance and Repair Labor in accordance with the

PWS.

UNIT UNIT PRICE EST. AMOUNT

4004AB 100 Hours OPTION Pest Control

T&M

UNIT UNIT PRICE EST. AMOUNT

4004AC

OPTION Grounds Maintenance

T&M Provide Non-Routine Grounds Maintenance Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

4004AD

OPTION Custodial

T&M Provide Non-Routine Custodial Labor in accordance with the PWS.

ESTIMATED

QUANTITY

4004AE HAZMAT/Asbestos

UNIT UNIT PRICE EST. AMOUNT

4004AF

OPTION Minor Construction

T&M Perform Minor Construction Labor in accordance with the PWS.

UNIT UNIT PRICE EST. AMOUNT

4004AG

OPTION Materials

T&M

UNIT UNIT PRICE EST. AMOUNT

4004AH

OPTION Material Handling

T&M

ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

4005 Routine -

ESTIMATED

QUANTITY

4005AA Facilities

ESTIMATED

QUANTITY

4005AB Pest Control

4005AC Grounds Maintenance

4005AD Custodial

4005AE Lunchroom Services

4005AF Portugal Transition-Out

OPTION Transition-out Activities only in accordance with the PWS. Partial payments not

4006 Non-Routine - Portugal

4006AA Facilities

UNIT UNIT PRICE EST. AMOUNT

4006AB

OPTION Pest Control

T&M

ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

4006AC Grounds Maintenenace

OPTION Provide Non-Routine Grounds Maintenance Labor in

ESTIMATED

QUANTITY

4006AD Custodial

OPTION Provide Non-Routine Custodial Labor in accordance with

ESTIMATED

QUANTITY

4006AE HAZMAT/Asbestos

ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

4006AF Minor Construction

OPTION Perform Minor Construction Labor in accordance with the

UNIT UNIT PRICE EST. AMOUNT

4006AG

OPTION Materials

T&M

UNIT UNIT PRICE EST. AMOUNT

4006AH

OPTION Material Handling

T&M

CLAUSES INCORPORATED BY FULL TEXT

The following applies to FIXED PRICE:

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JUN 2010)

(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 the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this 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--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

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

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

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

(i) Payment.--

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

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

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

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

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

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

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

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

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

(C) Affected 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 Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), 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. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C.

40118, Fly American; and 41 U.S.C. 423 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, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

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

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