Sol_P15PS00526.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

PIL

Lakewood CO 80228 12795 W Alameda Parkway NPS, IMR - Lakewood MABO

0009060526 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORPIL

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/12/2015 1700 ET

02/25/2015

Shawna Rogers-Bailey (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

P15PS00526

5. SOLICITATION NUMBER

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

1 16 0040197004OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Estes Park CO 80517-8397 1000 Hwy 36 NPS, Rocky Mountain NP

15. DELIVER TO

Lakewood CO 80228 12795 W Alameda Parkway

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$7.5

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

NPS, IMR - Lakewood MABO

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 05/22/2015 Period of Performance: 04/01/2015 to 05/22/2015

00010 ROMO Carbaryl Spraying in Estes Park

00020 ROMO Carbaryl Spraying in Grand Lake Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Jeffery Feeney

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

16 2 of

Notice Type: Combined Synopsis/Solicitation P15PS00526

Spraying of high value trees in Rocky Mountain National Park to prevent infestation of bark beetles

(1) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(2) This solicitation is issued as a Request for Quote (RFQ). Submit written quotes referencing document number P15PS00526 in accordance with the instructions in this announcement

(3) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-79.

(4) This solicitation is being issued as a Total Small Business Set-Aside. The associated NAICS code is 115310. The small business size standard is annual sales of $7 million.

(5) This combined solicitation synopsis is for purchase of the following commercial item:

Carbaryl spraying of pine trees in Rocky Mountain National Park to prevent the spread of pine beetles.

(6) Statement of Work:

This contract is for the application of a Carbaryl based insecticide to protect selected high value trees from bark beetle attack, subject to availability of funds. The work is located on the east side of Rocky Mountain National Park. Contract spraying may begin on April 1, 2015 and must be completed no later than May 22, 2015. Trail Ridge Road access from one side of the park to the other may not be available, due to snow levels, prior to the May 22nd contract completion date. If administrative travel is permitted for National Park Service (NPS) employees, the Contracting Officer’s Representative (COR) may escort the contractor through the Park if administrative vehicular travel requirements are met by the contractor.

Logistical challenges may vary by site and multiple sites may require extensive covering of sensitive surfaces that include but are not limited to: vehicles, water faucets, picnic tables, fire grates, RV’s, clothes lines, BBQ grills and hand railings. All materials and equipment (tarps, flagging, chemical, etc.)

are to be provided by the contractor. Contractors must be state-licensed commercial applicators. It is the contractor’s responsibility to obtain current knowledge and maintain compliance with all local, state, and federal regulations. Site closures and pre-treatment notifications will be conducted and managed by park personnel. A designated COR will orient the contractor to each site and provide final approval to treat upon confirmation that the sites are closed, properly prepared, and favorable spray conditions exist.

Work delays (up to several days) may occur for some treatment locations due to time required to coordinate site closures and associated notifications. Additional delays should be expected due to frequent unfavorable weather conditions. Historically, approximately half of the eligible days for spraying did not meet the environmental conditions acceptable for spraying. Weather conditions are often much different in spray areas compared to other areas along the Front Range of Colorado. Some sites (denoted with an “†”) may have a very limited number of days in which they will be available to be treated.

Submittals required after award and due one week after the award:

1) Copies of current Colorado state commercial pesticide applicator license for each applicator scheduled to work on the project. Government issued identification may be requested to confirm the identity of the applicator and their respective spray certifications.

2) Copies of the label and MSDS for the proposed insecticide to be used must also be submitted prior to beginning work and the contractor must maintain a copy in possession on site at all times during project operations.

3) Evidence of liability insurance for prime contractor.

4) Proposed schedule of spraying must be submitted to and approved by COR prior to work beginning.

Treatment Requirements and Limitations

1. Treatment may begin no earlier than April 1st, 2015 and be completed by May 22nd, 2015 unless conditions warrant a contract extension as determined by COR and agreed upon with the contractor.

2. Number of trees sprayed may vary in location and quantity, subject to available funds. The number of trees sprayed may be fewer than listed in the Treatment Locations tables;

locations treated may be fewer than listed on the Treatment Locations tables and the maps.

The number of trees sprayed and treatment locations will not increase over that listed on the Treatment Locations and Maps.

3. Coordination, at times on a daily basis, must be made with the COR to confirm spray locations to confirm administrative and environmental conditions have been met.

4. Treatment may be conducted Monday through Friday when daylight allows visibility of the entire target tree, or as refined by the COR.

5. Within 30 days of the contract completion, the contractor must supply the COR with a project summary, including a list of locations sprayed, the number of trees sprayed, total pesticide applied, total active ingredient applied for each location, and pH test results from each tank fill.

6. Due to closure requirements, some sites (listed with †) will have restricted days and hours for treatment. This will likely include one week during a weekday for each site.

7. All trees to be treated will be marked with a light blue tree paint dot near the base of the tree on the side of the tree facing the nearest road. Only trees marked with light blue dots may be treated.

8. All portions of marked trees greater than 3 inches in diameter at least 50 feet must be treated. This includes the trunk, large branches and exposed roots until they taper down to less then 3 inches in diameter. It is required that all sides and areas of the tree above be thoroughly covered with insecticide.

9. After a tree has been successfully treated (or moments before) the contractor may mark the tree in a manner approved by the COR.

10. A carbaryl-based insecticide (approved by the COR) must be used according to the manufacturer’s label requirements for repelling mountain pine beetles.

11. Treatment must be conducted after snow melt when the entire tree trunk and surface roots are visible.

12. A 200 foot buffer zone around target trees, clear of the public, park employees (without personal protective equipment), and vehicles (except the contractor’s) is required before and during treatment. Buildings within 200 feet must be unoccupied before and during treatment.

13. A 100 foot treatment free buffer zone from streams, rivers, ponds, lakes, riparian areas or other open water is required. The NPS will not mark trees for treatment within this buffer zone.

14. Weather requirements for treatment: wind speeds at the treatment site are 5 mph (5 minute average) or less, no rain expected within 2 hours. The contractor is responsible for monitoring the wind speeds and forecast and to stop operations as appropriate. If rain falls on treated trees within 2 hours of treatment, the contractor will notify the COR who will determine whether affected trees will need to be re-treated. If the COR determines that a reapplication is necessary it will be at no additional cost to the government. Historically, approximately half of the eligible days for spraying did not meet the environmental conditions acceptable for spraying.

15. Before and during treatment, the following items within 200 feet of targeted trees must be completely covered by the contractor with plastic or other material impenetrable by the insecticide: picnic tables, tent pads, fire grates, trash cans, faucet taps, and residual patches of snow, vehicles and other commonly touched items.

a. Coverings must remain on the above items until dry.

b. Coverings must be securely fastened so as not to blow away.

c. Coverings should be clean and chemical-free on the side that contacts the item to be covered.

d. The contractor must remove all coverings within 24 hours of treatment.

e. The contractor is responsible for the proper disposal of the covering material.

16. It is the responsibility of the contractor to wash all overspray as identified by the COR to be unacceptable. This generally includes sensitive surfaces designed for human use but may also include excess amounts of overspray on siding of buildings. Most facilities adjacent to spray trees will not have running water during the time of application. The contractor is required to keep a minimum of 15 gallons of fresh water on hand to wash overspray from tables, fire grates, trash cans, or other surfaces where spray is not allowed.

17. Proper disposal of all chemical containers is the responsibility of the contractor and must be done in accordance with manufacturer, Local, State, and Federal requirements.

18. All chemical containers must be clearly labeled with legible manufacturer’s labels. MSDS sheets must be readily available for all chemical products the contractor possesses.

19. It is the contractor’s responsibility to adhere to the product label guidelines and to ensure that their employees are wearing the required personal protective equipment.

20. Spray applicators are required to wear Personal Protective Equipment which meets the Environmental Protection Agency’s Level C chemical resistant clothing which is impermeable to the chemical Carbaryl (see http://www.epa.gov/osweroe1/content/hazsubs/equip.htm or http://www.ehso.com/OSHA_PPE_EPA_Levels.htm for details). Applicators must wear full-face NIOSH approved air-purifying respirators rated as N95 or better which protect eyes and mucous membranes from chemical exposure during spraying operations. These requirements exceed minimum Material Safety Data Sheet PPE requirements.

21. It is the contractor’s responsibility to obtain current knowledge and maintain compliance with all local, state, and federal regulations.

http://www.epa.gov/osweroe1/content/hazsubs/equip.htm http://www.ehso.com/OSHA_PPE_EPA_Levels.htm

22. The contractor will have, on site, the supplies and equipment necessary to conduct proper containment and clean up of any spills or leaks.

23. The COR may stop treatment operations if there are concerns with: spray drift beyond 200 ft or onto buildings and riparian areas, site contamination, public exposure to insecticide and / or any safety concern.

24. Accurate pH tests will be conducted by the contractor. These results may be verified with RMNP’s water lab.

25. The contractor must ensure water used meets the pH levels specified by the product manufacturer during each tank fill. If water pH levels are outside of the acceptable range, it is the contractor’s responsibility to supply and use a proper buffer or to find another water source with pH levels within the acceptable range. Records from contractor pH testing must be available for review at the request of the COR.

26. Select sites have roadways adjacent to spray trees. The contractor shall anticipate occasional delays for the passage of vehicle traffic during spray operations. If traffic control is required, National Park Service employees will manage traffic flow.

27. Upon completion of spraying in an application area, a government representative and contractor representative will conduct a walk-through of the unit to ensure overall compliance has been met.

East Side Treatment Locations

East Side Locations Number of Trees

Max

DBH

(in)

Avg.

DBH

(in)

Dominant Tree Species

Max Distance from Road (ft)

Moraine Park CG 990 30 15 ponderosa 300 Aspen Glen CG 356 36 15 ponderosa 200

† HQ: Beaver Meadows Visitor Center, Housing and Utility

Area 543 24 16 ponderosa 300

† Big Horn Ranger Station 55 24 16 ponderosa 200 Kaley Cottages 5 25 23 ponderosa 50

Glacier Basin CG 2630 18 14 lodgepole 300 † McGraw Ranch 11 24 24 ponderosa 200

Deer Haven Housing 33 24 20 ponderosa 300 Lumpy Ridge TH 47 33 18 ponderosa 50

Sprague Lake Parking 37 28 20 ponderosa 100 Moraine Park VC Amphitheater 26 24 20 ponderosa 300

Hollowell Park 30 36 28 ponderosa 75 †Mill Creek Ranger Station 50 24 16 ponderosa 75

Tuxedo Park Housing 70 32 24 ponderosa 150 Upper Beaver Meadows Picnic

Area 60 18 14 ponderosa 100

Wild Basin Entrance 25 24 18 ponderosa 100 Longs Peak Campground 710 24 12 limber pine 200 TOTAL East Side Trees 5682

West Side Treatment Locations

West Side Locations Number of Trees

Max

DBH

(in)

Avg.

DBH

(in)

Dominant Tree Species

Max Distance from Road (ft)

†Kawuneeche Visitor Center 379 24 12 lodgepole 200 †Kawuneeche Housing 75 20 12 lodgepole 200

Holzworth 283 24 14 lodgepole 300 Timber Creek Water Tank 129 20 14 lodgepole 200 TOTAL West Side Trees 866

† Site will have heavily restricted availability for treatment due to closure requirements and will require coordination with building occupants and/or spraying after normal business hours.

Area Map

(7) Period of Performance: April 1 - May 22, 2015.

NOTE: All FAR clauses and provisions listed below may be found online at the following website: www.acquisition.gov/far

(8) FAR 52.212.-1, Instructions to Offerors – Commercial Items (APR 2014) applies to this acquisition. Quotes shall include a written price quote in one envelope, and their technical proposal, prior experience and past performance references in a separate envelope.

A. Offerors must submit a technical proposal in order to be considered for award. The technical proposal shall address how the work will be accomplished, considering the specifications included herein, including, but not limited to, the following items:

what type of equipment will be used, the number and experience of personnel assigned to this work the plan, equipment, and personnel to protect sensitive items, previous experience applying pesticides to prevent mountain pine beetle infestation, including site complexities and numbers of trees sprayed, work performed in the vicinity of roads, structures, utility lines, vehicles, homes, picnic tables, trails and similar visitor use areas. This experience should demonstrate the offeror's technical ability to accomplish the work.

B. Quotes must include at least 3 contacts for past performance. These contacts shall include name, organization, phone number and e-mail, if possible, for the 3 most relevant projects completed by the contractor in similar size and complexity. Past performance is a measure of the degree to which the contractor has satisfied its customers in the past. The NPS will evaluate offerors' past performance based on the references provided by the contractor, the Government's knowledge of offerors' past performance;

and / or references obtained from any other source. The Government reserves the right to limit the number of references it ultimately contacts and to contact references or use sources other than those provided by the offeror to obtain information related to past performance. The Government shall attempt to contact the same number of references for each Offeror.

C. . The government intends to award a firm fixed price contract based upon a price per tree. Offerors must submit a price quote in an envelope separate from the technical proposal and past performance information with a price/tree sprayed, all costs inclusive. This is an indefinite delivery indefinite quantity (IDIQ) acquisition. The price per tree is a firm fixed price for all quantities of trees sprayed. The government only guarantees the minimum number of trees will be sprayed as listed below:

East Unit : Minimum # trees to be sprayed: 4,500; Maximum # trees: 5,700 West Unit : Minimum # trees to be sprayed: 500; Maximum # trees – 1,000 Total minimum of 5,000; maximum of 6,700.

Price Quote:

CLIN 001: East unit Price/tree_____________ x 4,500 = Total Line Item Price_______________ CLIN 002: West unit Price/tree _____________ x 500 = Total Line Item Price _________________ Total price quote (CLINS 001 and 002 combined) __________________________

Contractors must submit a price quote on the minimum number of trees to be sprayed and include all line items; failure to do so may render the offer unacceptable. In case of error in extension of prices, unit price governs. In case of error in summation, the total of the corrected amounts governs. Final price paid will be for actual amount of trees sprayed.

Quotes are required to be received in the contracting office no later than 5:00 pm ET on March 12, 2015.

All proposals may be mailed to Shawna Rogers-Bailey, Contract Specialist, Rocky Mountain National Park, 1000 Hwy 36, Estes Park, CO 80517, Faxed to Shawna Rogers-Bailey at (970) 586-1271; or e-mailed to Shawna_Rogers-Bailey@nps.gov.

Any questions regarding this solicitation shall be directed to Shawna Rogers-Bailey, Contract Specialist,

(970) 586-1271; Shawna_Rogers-Bailey@nps.gov Contracting Office Address:

Rocky Mountain National Park 1000 Hwy 36 Estes Park, CO 80517

Place of Performance: Various locations on the East and West Units of Rocky Mountain National Park.

(9) FAR 52.212-2, Evaluation – Commercial items (OCT 2014) applies to this acquisition. Paragraph

(a) is hereby completed as follows: Non-price factors include past performance, technical approach and prior experience. Evaluation procedures under Simplified Acquisition (FAR Part 13) will be followed.

This acquisition will be awarded based upon the best value to the government, considering price and non-price factors. Each of the non-price factors is approximately equal in importance. When combined, non-price factors are approximately equal to price. The government may elect to accept other than the lowest priced proposal when the perceived benefits of a higher priced proposal merit the additional cost.

(10) Provision 52.212-3, Offeror Representations and Certifications – Commercial Items (DEC 2014) applies to this acquisition. Offeror's must be current with their Representations and Certifications at their sam.gov registration or complete this clause and return it with their quote.

(11) The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial items (DEC 2014) applies to this acquisition.

(12) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders – Commercial Items (DEC 2014) applies to this acquisition. The following clauses under subparagraph (b) apply: 52.203-6, Alternate I, 52.204-10, 52.209-6, 52.209-10, 52.219-6, 52.219-13, 52.219-28, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-36, 52.223-18, 52.225-1, 52.225-13, 52.232-33, 52.222-41, 52.222-42, 52.222.51, 52.222-55. The service contract wage rates for Larimer, Boulder, and Grand County apply to this solicitation and may be found at the following website:

http://www.wdol.gov. The current Wage Determination No. for Boulder and Grand County is 2005- 2081, Revision No. 15, dated December 30, 2014; the current Wage Determination No. for Larimer County is 2005-3009, Revision No. 17, dated December 30, 2014.

FAR 52.216-18, Ordering (Oct 1995): Paragraph (a) is completed as follows, "Such orders may be issued from the Date of Award through May 22, 2015.

FAR 52.216-22 Indefinite Quantity (Oct 1995): Paragraph (d) is completed as follows, "Contractor shall not be required to perform any services under this contract after May 22, 2015."

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (DEC 2012) mailto:Shawna_Rogers-Bailey@nps.gov mailto:Shawna_Rogers-Bailey@nps.gov

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

52.242-15 Stop-Work Order (AUG 1989)

DEPARTMENT OF INTERIOR CLAUSES

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: hard copy of the invoice.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Template)

1452.201-70 Authorities and Delegations (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

1452.228-70 Liability Insurance (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$200,000 each person*

$500,000 each occurrence*

$200,000 property damage*

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

(End of clause)