HSCG34-17-Q-PHW001_SF18_for_Landscape_Service_-_USCG_Wailupe_Housing.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET ASIDE

PAGE OF PAGES

1 2

1 REQUEST NO.

HSCG34-17-Q-PHW001

2. DATE ISSUED

08-31-2016

3. REQUISITION/PURCHASE REQUEST NO.

21-17-347PHW001

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY

USCG Base Honolulu, Purchasing and Contracting Office

6. DELIVERY BY (Date)

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY

NAME TELEPHONE NUMBER FOB DESTINATION OTHER (See schedule)

CYNTHIA KEIM AREA CODE NUMBER 9. DESTINATION

(808) 842-2825 a. NAME OF CONSIGNEE

8. TO: USCG BASE HONOLULU

a. NAME

b. COMPANY

b. STREET ADDRESS

400 SAND ISLAND ACCESS ROAD

c. CITY

HONOLULU

d. STATE

HI

e. ZIP CODE 96819

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS (date)

September 12, 2016 HST

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

Please confirm receipt and indicate if not quoting upon submission.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

The U.S. Coast Guard Base Honolulu has a requirement for one (1) base year plus two (2) option years, firm fixed price service agreement for Landscape Maintenance Service for the USCG Wailupe Housing, located at 5044 Kalaninaole, HI.

Site visit is highly encouraged prior to submitting quotes. For site visit, please contact DC1 Barry Marseglia at (808)842-2075 or (808)292-3587, Barry.A.Marseglia@uscg.mil or DCCM Jamey R. Spurgeon at (808)842-2035, Jamey.R.Spurgeon@uscg.mil

1 LO

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT:

NUMBER

PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN QUOTATION 15. DATE OF QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY

AREA CODE

d. CITY

e. STATE

f. ZIP CODE

c. TITLE (Type or print)

NUMBER

Previous edition not usable STANDARD FORM 18 (Rev. 6-95) mailto:Barry.A.Marseglia@uscg.mil mailto:Jamey.R.Spurgeon@uscg.mil

HSCG34-17-Q-PHW001 Page 2 of 2

CONTINUATION SF-18 SCHEDULE- BLOCKS 11

The following attachments are incorporated:

a) Attachment 1 – (U) Map of Wailupe Housing

b) Attachment 2 - Performance Work Statement (PWS)

c) Attachment 3 – Clauses

d) Attachment 4 - Wage Determination 01-05-16

Schedule of Supplies/Service and Price (The dates are anticipated and may change at time of award)

BASE PERIOD: October 1, 2016 to September 30, 2017

CLIN DESCRIPTION QTY UNIT UNIT

PRICE

TOTAL

AMOUNT

00001 Wailupe Housing Landscaping

1 JB

OPTION ONE (1) October 1, 2017 to September 30, 2018

CLIN DESCRIPTION QTY UNIT UNIT

PRICE

TOTAL

AMOUNT

10001 Wailupe Housing

OPTION TWO (2) October 1, 2018 to September 30, 2019

CLIN DESCRIPTION QTY UNIT UNIT

PRICE

TOTAL

AMOUNT

20001 Wailupe Housing

Quotes must be received no later than September 12, 2016 with the SF18 completed in Block 8a and b, Page 2 of SF18 Schedule of Supplies/Service and Price and Blocks 13, 14, 15, and 16. Quotes can be emailed to Cynthia.A.Keim@uscg.mil.

RFQ will be evaluated based on the lowest price technically acceptable. Technically acceptable will be based on past performance and availability to provide services in accordance with the performance work statement.

This procurement is reserved for SMALL BUSINESS SET ASIDE. Contractor must be listed in SAM (System for Award Management) www.sam.gov and have facilities located on Oahu, Hawaii to be considered responsive.

NAICS 561730; Size STD $7M mailto:Cynthia.A.Keim@uscg.mil http://www.sam.gov/

HSCG34-17-Q-PHW001 ATTACHMENT 1 PAGE 1 OF 5

PERFORMANCE WORK STATEMENT (PWS)

FOR

GROUNDS MAINTENANCE SERVICES

WAILUPE HOUSING

AINA HAINA, HAWAII

1. Description of Services. The contractor shall provide all personnel, equipment, tools, supervision, transportation and other items and services necessary to ensure that grounds maintenance is performed at the Coast Guard Wailupe Housing units, Aina Haina, Hawaii, in a manner that will maintain healthy grass, trees, and shrubs, and present a clean, neat, and professional appearance.

The Wailupe Quarters consist of 6 housing units in four buildings located on 3.22 acres at 5044 Kalaniana’ole Highway in Aina Haina. The address for the six units are A, B, C, D/E (D/E is one address which is a converted duplex unit), F, and G, 5044 Kalaniana’ole Highway. Wailupe Grounds Maintenance Quantities are approximately 55,134 square feet.

1.1. Maintain Grounds.

1.1.1. Grass Cutting. Grass shall be cut on grounds as indicated on the Site Map.

Proper mowing practices are important in maintaining an attractive lawn. Both height and frequency of cut need to be adjusted for the level of turf management. Under moderate to low levels of management, St. Augustine should be cut at 3-4 inch height.

This will help the grass develop a deep root system and give a better appearance to the turf. Remove no more than one third of the height of leaf blades with any mowing.

Mowing too high or infrequently can cause a thatch buildup. The secret to mowing at 3 inches is to water the lawn only when there are signs of moisture stress. This will keep growth to a minimum and reduce the rate of thatch buildup. Grass clippings shall be removed or mulched when visible after mowing. The height is a guideline for a neat and professional appearance. Mowing every 10 days. Such as every other Monday or day decided on upon award.

1.1.2. Edging. Sidewalks, driveways, curbs, and other concrete or asphalt edges located on the facility shall be edged as need to keeping sidewalks and any foot traffic paths trimmed and cleared every 10 days Such as every other Monday or day decided

on. Areas that require edging are shown on site map. Edging shall include removal of vegetation from cracks in sidewalks, driveways, and curbs within 0.5 inch of the edged surface and to a depth of 2.0 inches.

1.1.3. Trimming. Grass shall be trimmed around trees, shrubs, buildings, fences, poles, posts, fire hydrants, parking lot bumper blocks, boulders, and other fixed obstacles in common areas and front of homes. Trimming height shall match surrounding area grass heights. This task involves all grounds as shown on site map all areas shall be trimmed every 10 days such as every other Monday concurrent with edging. Damage to trees and shrubs from trimming shall be repaired by the contractor.

HSCG34-17-Q-PHW001 ATTACHMENT 1 PAGE 2 OF 5

If a plant should die or become unhealthy due to damage, the contractor will be responsible for replacing the damaged plant with a plant of same size and type. Plant replacement shall occur within 15 days of noticed damage.

1.1.4. Repair Damaged Areas or Personal Property. Areas damaged by contractor vehicles/equipment shall be seeded, sprigged, or re-sod to meet the standards of surrounding areas. Contractor shall be responsible for damage to Coast Guard property and/or personal property of Coast Guard members.

1.2 Maintain Trees, Shrubs, and Hedges.

1.2.1 Trimming/Pruning. The work covered by this section of the specification consists of performing all operations in connection with trimming of shrubs, small trees, ice plant, ivy, hedges, bushes, planters, planter box areas, and other cultivated plants as required to maintain their natural growth characteristics. Shrubs and small trees shall be trimmed and pruned to enhance the beauty and health of the plant.

Hedges shall be maintained to their natural mature height and shape of 6ft in height.

1.2.1.1. Plants/Shrub pruning. All shrubs, hedges, bushes, ice plant, ivy, planters, planter box areas, and other cultivated plants shall be trimmed or pruned in the following manner:

1.2.1.1.1. All vegetation under this section shall be trimmed away from, fences, and retaining walls. The tops and sides of the foliage shall be cut back every 10 days such as every other Monday. So as to keep the vegetation attractive in appearance and healthy in condition.

1.2.1.1.2. Trimming of hedges, shrub rows, or rows of bushes, shall be accomplished in order to present an even, regular, and symmetrical appearance to the maximum extent possible. Pruning shears shall be used exclusively except that hedge shears may be used for shearing hedges to obtain a box shape.

1.2.1.1.3. Removal of dead or diseased parts branches and leaves or vines.

1.2.1.1.4. Removal of grass, weeds, and unsightly plants that sprout between and among hedges and shrubbery;

1.2.1.1.5. Pruning or removal of growth over entranceway and sidewalks and where vision is obstructed at street intersections;

1.2.1.1.6. Pruning or removal of growth adhering to fences or protruding through fences;

1.2.2. The contractor shall immediately collect, remove and dispose of off the property, the same day that work is performed, all trimmings resulting from work under this section.

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1.3. Ground Cover Beds.

1.3.1. The Contractor shall, perform trimming of ice plants and ivy growth over shrub and tree saucers, tree trunks, curbs, paved areas, vertical surfaces, etc., as required to keep the ice plant and ivy areas attractive in appearance and in healthy condition.

The flowerbeds for Quarters A are included in this requirement.

1.3.2. Ground cover beds shall be maintained to a uniform height of up to 8 inches.

1.4. Planter Bed Maintenance. The contractor shall remove all grass, weeds, rocks, and debris in planter beds and planter boxes.

1.5. General Debris Removal. The Contractor shall provide all labor (including management and supervision), material, tools, and supplies necessary to provide general debris removal and maintenance of non-vegetation areas. Non-vegetation areas include those areas covered by redwood bark, gravel, rock, or other decorative material around buildings, hedges, planters or garden areas. The requirement is that all of the non-vegetation areas are maintained every other week from ground maintenance. This will include raking leaves/debris, bag and remove all leaves and debris and leave the areas in a clean, neat and pleasant appearance.

1.5.1. Debris Removal/Disposal. Debris removal and disposal includes all maintenance levels and additional area specified herein.

1.5.2. The Contractor shall rake, sweep, or manually remove all debris including, but not limited to, fallen palm fronds and branches, dead vegetation, fallen leaves, seed pods, paper, beverage cans, bottles and bagged yard debris from all non-vegetation areas.

1.5.3. Areas shall include, but are not limited to, streets, sidewalks, median strips, playground, walkways, carports, and curbs within and adjacent to housing areas.

The work shall be performed regardless of the presence of parked vehicles in the area.

1.5.4. Contractor shall remove all debris from spillways located on property once every other month. This includes removing weeds, rocks, sticks or any other debris that could wash down.

Performance Objective PWS Para. Performance Threshold

Maintain Improved Grounds.

Grass is maintained within proper height for its area. Sod does not need to be replaced. Sod is healthy and looks well maintained.

1.1 Customer complaints shall not

exceed 3 per month.

HSCG34-17-Q-PHW001 ATTACHMENT 1 PAGE 4 OF 5

Maintain Trees, Shrubs, and Hedges.

They are pruned properly and in a timely manner. They are trimmed properly.

1.2 Customer complaints shall not

exceed 3 per month.

2. Government Furnished Property and Services. None.

3. Contractor Furnished Items or Services. The Contractor shall furnish all supplies, items, and equipment necessary for the performance of the contract.

3.1. Liability for Loss or Damage. The Government shall not be liable for any loss, breakage, or damage to Contractor's equipment or supplies that may result by being stored by the Contractor on the Government facility.

3.2. Supplies and Materials. The Contractor shall furnish all maintenance supplies and materials that must meet all Federal, State and local environmental and safety requirements.

4. General Information.

4.1. Quality Control. The contractor shall develop and maintain a Quality Control Program to ensure maintenance services are performed in accordance with commonly accepted commercial practices. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. As a minimum, the contractor shall develop quality control procedures addressing the areas identified in Paragraph 1,

4.2. Quality Assurance. In accordance with FAR 52.246-4, "Inspections of Services

– Fixed Price" clause, each phase of the services rendered under this contract is subject to Government inspection, during the contractor's operations and after completion of the tasks. The Government's Quality Assurance Surveillance Plan (QASP) is not a substitute for Quality Control by the contractor. All findings of unsatisfactory or non-performed work will be administered under the terms and conditions of this contract. Any re-work/unacceptable condition(s) shall be corrected within three (3) hours from the time of verbal notification. All costs associated with rework are the responsibility of the contractor. The Government reserves the right to choose the inspection methods to be used in implementing its Quality Assurance Program and to vary inspection methods utilized during the work, without notice to the contractor.

4.3. Hours of Operation. The Contractor's work shall be performed Monday through Friday between the hours of 8:00 a.m. and 1200 p.m. (0800-1200 hours).

4.4. Recognized Federal Holidays. The contractor is not required to provide service on the following days: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving and Christmas. If scheduled work falls on a holiday, services shall be

HSCG34-17-Q-PHW001 ATTACHMENT 1 PAGE 5 OF 5

completed on the next workday.

4.5. Use of Government Premises. The Contractor will not be provided storage space for non-hazardous materials. Hazardous materials belonging to the Contractor will not be stored on base. Any hazardous materials brought on base must be stored in an approved safety container (oil, gas, etc) and be of sufficient quantity to perform the daily tasks. The Government will not be responsible for loss or damage to any stored property or for personal belongings of Contractor personnel.

4.6 Site Visit. The Contractor shall visit the site of the work to confirm their understanding of the nature and location of the work; the general and local conditions;

accessibility to locations where work must be performed; location of water/irrigation lines, sprinkler heads, electrical conduit, installed equipment and other items affecting the performance of this contract.

4.7 Cleanup. The Contractor shall at all times keep the working area free from accumulation of waste material or rubbish. The Contractor, upon completion of the work, shall remove any trimmings, debris and rubbish from the premises as well as tools, chemicals, equipment, and materials not the property of the Government. Upon completion of the work, the Contractor shall leave the premises in a clean and neat condition.

4.8 Lost and Found. The Contractor shall ensure that all items of personal or monetary value found by Contractor employees are returned to the Officer Of the Day (OOD), cell phone (808) 226-4170, or Junior Officer Of the Day (JOOD), cell phone (808) 221-1363.

4.9 Performance Evaluation Meetings. The contractor shall meet with the Contracting Officer (KO) and/or Contracting Officer’s Representative (COR) on an as needed basis during the period of performance. A mutual effort will be made to resolve all problems identified during the meetings. The written minutes of the meetings will be prepared by the Government and provided to the Contractor. Should the Contractor not concur with the minutes, the Contractor shall state, in writing, and forward to the KO and COR any areas of disagreement within 5 business days of receipt.

5. Required Submittals. Copy of the crew schedule is due to the COR prior to commencement of work, with updates as appropriate.

6. Appendices.

6.1. Enclosure (1): Facility Map Wailupe Housing.

FAC 2005-89-1 / 08-15-2016

HSCG34-17-Q-PHW001 ATTACHMENT 3 Page 1 of 15

SF-1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

This solicitation/contract/order incorporates the following provisions/clauses by reference with the same force and effects as if they were given full text. Upon request the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://farsite.hill.af.mil/vffara.htm

52.212-1 Instructions to Offerors – Commercial Items (Oct 2015) 52.212-3 Offeror Representations and Certifications - Commercial Items (Apr 2016) HSAR 3052.209-70 Prohibition on Contracts with Expatriates (Jun 2006) HSAR 3052.209-79 Representation by Corporation Regarding a felony Criminal Violation Under Any Federal or State Law or Unpaid Federal Tax Liability (Feb 2014)

The following clause is included and appears in full text. FAR clauses with an “X” indicate they are applicable to this order.

52.212-4 Contract Terms and Conditions—Commercial Items.

CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (MAY 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

http://farsite.hill.af.mil/vffara.htm http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc%2Buscview%2Bt29t32%2B1665%2B30%2B%2B%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113304 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113304 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137572

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.— https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153351 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc%2Buscview%2Bt29t32%2B1665%2B30%2B%2B%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

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(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 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.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc%2Buscview%2Bt29t32%2B1665%2B30%2B%2B%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2033_2.html#wp1079912 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031290

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(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.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031326

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws

Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(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 SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM 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 SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html#wp1084217

HSCG34-17-Q-PHW001 ATTACHMENT 3 Page 6 of 15 specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(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.

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52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEMS (MAR 2016)

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

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and

108-78 (19 U.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) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.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 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section

743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan

2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul

2013) (41 U.S.C. 2313).

(10) [Reserved].

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

657a).

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(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) (15 U.S.C. 657a).

(ii) Alternate I (JAN 2011) of 52.219-4.

(13) [Reserved] X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.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) (15 U.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 (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Oct 2001) of 52.219-9.

(iii) Alternate II (Oct 2001) of 52.219-9.

(iv) Alternate III (Oct 2015) of 52.219-9.

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

(19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657 f).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.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) (15 U.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 (Dec 2015) (15 U.S.C.

637(m)).

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

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O.

13126).

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

_X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

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

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

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(33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

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

(34) 52.222-54, Employment…