P15PS01316_Attachment_1_Terms_and_Conditions.pdf

Solicitation no. P15PS01316 – Attachment 1, Terms & Conditions (6/22/15)

SECTION B -- SUPPLIES OR SERVICES AND PRICES

B.1 PRICE SCHEDULE

This document serves as a general template. The vendor shall factor the lump sum prices below to include all labor, tools, equipment, materials, and transportation necessary to deliver a complete, restored aircraft to Fort Vancouver

National Historic Site (FOVA). Awarded contract shall be performed in accordance with the terms and conditions included herein.

The Quoter shall submit a price for all items; failure to do so may render the quote non-responsive. The

Government anticipates being able to evaluate solely based upon prices quoted for each line item. However, the

Government reserves the right to request breakdowns of any quoted lump sum prices. In case of error in summation, the total of the corrected line amount governs. Round totals and extended prices to the nearest whole dollar (no cents). Award will be made to one vendor in accordance with Section L.

Items 01, 02, 03, 04, and 06 listed below are considered “base bid” items, tasks required to complete the Phase II work and make delivery to FOVA. Item 05 is considered an option item that will be evaluated in accordance with the Federal Acquisition Regulation (FAR) clause 52.217-5, incorporated by full text in Section L.2.

Line Item

Number Description

Quantity & Unit of

Measure Extended Total

Fabric Cover for aircraft, including painting in the markings per Curator's approval

1 Lump Sum $____________

Build mock-up engine and install 1 Lump Sum $____________

Refurbish original propellor and hub, and install 1 Lump Sum $____________

Assembly of airframe, including rigging,to confirm fit and finish 1 Lump Sum $____________

OPTION ITEM.

Transportation to pick-up and haul plane from current

Vendor's location (Century

Aviation, 3908 Airport Way, Wenatchee, WA 98802. Phone:

509-884-0332)

1 Lump Sum $____________

Transportation & Assembly.

Vendor to deliver to FOVA and also assemble the airframe in its display location within the

Pearson Air Museum (1115 E.

5th Street, Vancouver, WA

98661).

1 Lump Sum $____________

TOTAL PRICE: $____________

B.2 ADDITIONAL INFORMATION.

Offerors submitting quotes in response to this solicitation must have an active registration in the

System for Award Management (SAM) and a DUNS number. Additional information can be found at:

https://sam.gov http://www.dnb.com/get-a-duns-number.html

(a) Insert your business name:

____________________________________________________________________ and, DUNS number: _______________________________________ and, Complete contact information (e-mail address and phone number)

(b) My business is registered in SAM yes_______ no_______ (check one);

(c) We have completed the online representations and certifications (part of SAM) yes______ no______ (check one);

(d) We are currently a small business concern* yes_________ no____________ (check one).

*The NAICS (North American Industry Classification System) code for this acquisition is 336411. The solicitation will be 100% Set Aside for Small Business. The small business size standard is 1,500 employees.

SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF WORK

This acquisition is considered to be a service for a vendor to complete remaining tasks to finish restoration of a circa 1919 DeHavilland DH-4B Liberty aircraft that will become a permanent display piece in the Pearson Air Museum within Fort Vancouver National Historic Site (FOVA), Vancouver, WA.

Vendor will be responsible for transporting the partially restored aircraft from its current location at Century Aviation in East Wenatchee, WA to vendor’s location for completing Phase II work, then delivering the completed plane to Pearson Air Museum.

The Government intends the awarded vendor to begin procuring the necessary supplies, materials, and parts needed for Phase II work after receipt of award while Century Aviation is completing Phase I, so that by the time Century Aviation has completed Phase I the awarded vendor can arrange for transportation and start work without significant delay waiting for materials. Century Aviation’s contract completion date is April 30, 2016. Expected award of

Phase II is mid-July 2015.

Tasks:

a) Fabric cover the aircraft with ceconite and painting it in the markings of DH-4B Liberty

SN# 22-578 as it appeared in the mid-1920s at Pearson Field. NPS will provide period black and white photographs of the aircraft and discussions will occur to interpret the correct period paint scheme.

b) Build mockup engine elements visible outside of cowling and install. The Government does not expect the vendor to do a full mockup engine within the cowling area because the aircraft will be displayed with the colwing enclosed.

c) Refurbish original propeller and hub and install

d) Assemble the airframe to confirm fit and finish

e) Deliver and assemble the airframe in its new display location

SECTION D – PACKAGING AND MARKING

(This section left blank intentionally)

SECTION E -- INSPECTION AND ACCEPTANCE

E.1 Vendor shall communicate/coordinate phases of the work with Bob Cromwell, Manager, Pearson Air Museum, FOVA. Bob is responsible for all pre-approvals, such as fabric material chosen prior to vendor placing the order, and approval of paint markings before they’re applied.

Bob is also responsible for receipt of the delivered airframe to FOVA, and general oversight of assembly inside the museum.

E.2 Vendor shall provide Bob with progress updates, including photographs as work progresses. Such updates can be transmitted to Bob via email, and cc: Contracting Officer. Bob will also provide written final inspection and acceptance to the Contracting Officer upon project completion.

SECTION F -- DELIVERIES OR PERFORMANCE

F.1 TRANSPORTATION/DELIVERY

Vendor will be responsible for transporting the partially restored aircraft from its current location at Century Aviation in East Wenatchee, WA to vendor’s location for completing Phase II work, then delivering the completed plane to Pearson Air Museum.

Century Aviation

3908 Airport Way

East Wenatchee, WA 98802

Phone: 509-884-0332

Pearson Air Museum

Fort Vancouver National Historic Site

1115 East 5 th

Street

Vancouver, WA 98661

Phone:

F.2 PERIOD OF PERFORMANCE

The Government intends the awarded vendor to begin procuring the necessary supplies, materials, and parts needed for Phase II work after receipt of award while Century Aviation is completing Phase I, so that by the time Century Aviation has completed Phase I the awarded vendor can arrange for transportation and start work without significant delay waiting for materials.

Century Aviation’s contract completion date is April 30, 2016. Expected award of Phase II is mid-July 2015. The Government anticipates that a vendor can complete all work of the Phase II restoration, make delivery, and complete the assembly on-site within a 12-month period after receipt of order/notice of award which is estimated as July 15, 2016 in Block 6 of the attached

SF-30 Request for Quotations form. This date is only an estimate, and was a required field on the form. The Government prefers that Offerors propose their own timeline (showing milestone dates for various phases of the project) as part of their quote which will be evaluated. Refer to

Section L.4(C)(c) below.

SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 1452.201-70, Authorities and Delegations (September 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 prior 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.

G.2 CORRESPONDENCE

(a) Copies of all correspondence and written notices between the COR and the Contractor shall be sent to the cognizant Contracting Officer at the address below, or by email. All correspondence sent by email shall state the contract number in the subject line of the email.

(a) Contracting Officer’s Representative (COR) will be assigned after award.

(b) Contract Specialist responsible for solicitation, award, and post-award administration:

Phaedra Fuller, Contracting Officer

National Park Service

Olympic National Park

600 East Park Avenue

Port Angeles, Washington 98362

Office Phone: 360-565-3009

Cell Phone: 360-461-1827

Email: phaedra_fuller@nps.gov

(c) Post-Award Point of Contact for Invoices/Payments

Clair Kirkman, Procurement Technician

National Park Service

Olympic National Park

600 East Park Avenue

Port Angeles, Washington 98362

Office Phone: 360-565-3021

Email: clair_kirkman@nps.gov

G.3 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - Invoice Processing

Platform (IPP) (APR 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: Vendor’s business invoice (upload your business invoice as an attachment to the IPP invoice before you click “submit” in IPP).

VENDOR’S FAILURE TO ATTACH THE REQUIRED DOCUMENTATION AS SPECIFIED ABOVE

WILL RESULT IN THE IPP INVOICE BEING REJECTED.

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) prior to the contract award date, but no more than 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.

G.4 DIAPR 2010-14, Contractor Performance Assessment Reporting System (JUL 2010)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the

Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User

Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor

Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating

"No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the

CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through

CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting

Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for

Government use supporting source selection actions after it has been finalized.

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

A U.S. Department of Labor General Wage Decision is required to be incorporated into solicitations and contracts for services exceeding $2,500 in accordance with FAR 22.10, unless otherwise exempt (see FAR 22.1003-3), or if the Offeror checks the comparable certifications as applicable in the provision at 52.204-08 in Section K below.

A wage determination is not attached to this solicitation at this time because the county and state will not be known until receipt of quotes and an award decision is made. However, Offerors are strongly encouraged to conduct an on-line search following the steps below, to find their applicable wage determination for their county and state - where the tasks of the restoration work will be performed.

STEPS TO FIND YOUR APPLICABLE WAGE DECISION:

(1) Go to the following website: http://www.wdol.gov/

(2) Near top of screen at left, click on “Selecting SCA WDs” under the heading

“Service Contract Act”

(3) Select your state name from the drop down menu

(4) Select your county name from the drop down menu

(5) Click “continue”

(6) For the question “Were these services previously performed at this locality under an SCA-covered contract?” answer “No.”

(6) For the question “Are the contract services to be performed as Non-Standard

Service?” answer “No.”

(7) Scroll to bottom and click “Printer Friendly Version.”

(8) This is the applicable Dept. of Labor Wage Decision that you can view/save/print.

http://www.wdol.gov/

SECTION I -- CONTRACT CLAUSES

I.1 52.252-02, Clauses Incorporated by Reference

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in 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:

https://www.acquisition.gov/?q=/browse/far/52

Clause Title Date

52.219-06 Notice of Total Small Business Set-Aside November 2011

52.219-28 Post-Award Small Business Program Representation April 2009

52.223-18 Contractor Policy to Ban Text Messaging While Driving September 2010

52.243-01 Changes-Fixed-Price, Alternate II (Apr 1984) August 1987

I.2 52.213-04, TERMS AND CONDITIONS-SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS)

(MAY 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

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

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

(iv) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

(vi) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19

U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jul 2013).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(vii) 52.233-1, Disputes (May 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (Apr 2015).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) (Pub. L.

109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $25,000 or more).

(ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold.)

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(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014)

(41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the

U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212) (Applies to contracts of

$100,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, “United States” includes the 50 States, the

District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin

Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212) (Applies to contracts of

$100,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627)

(Applies to all solicitations and contracts).

(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658)

(Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the

United States the 50 States and the District of Columbia).

(x) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xi) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY

STAR® Program or Federal Energy Management Program (FEMP)) will be-

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xii) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition-

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792)

(Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xiv) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013)

(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information).

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(xv) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL

2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at

47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) (Applies to contracts over $30,000).

(ii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iii) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(iv) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in 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/these address(es):

https://www.acquisition.gov/?q=/browse/far/52

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only 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. The Government must exercise its postacceptance rights-

(1) Within a reasonable period of 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.

(e) 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.

(f) 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 that 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 that reasonably could have been avoided.

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(g) 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.

(h) 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.

SECTION J -- LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J.1 LIST OF ATTACHMENTS

Attachment Title/Description Total Pages

01 Terms and Conditions 20

(dated 6/22/15)

SECTION K -- REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

K.1 52.204-08, Annual Representations and Certifications (May 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 336411.

(2) The small business size standard is 1,500 employees.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award

Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at

52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

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(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under

Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-

Representation and Certifications. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following certifications are applicable as indicated by the Contracting Officer:

__ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-

Certification.

__ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products

(Alternate I only).

__ (vi) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation

(including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR CLAUSE # TITLE DATE CHANGE

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

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SECTION L -- INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

L.1 52.252-02, Clauses Incorporated by Reference

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in 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:

https://www.acquisition.gov/?q=/browse/far/52

Clause Title Date

52.215-01 Instructions to Offerors – Competitive Acquisitions January 2004

L.2 52.217-5, EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

L.3 52.204-07, SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

(a) Definitions. As used in this provision—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and

Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006

(see Subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or

“DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer.