Solicitation_-_SF-1449_-_Putah_Creek_UST_Pilot_Study.pdf
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- Solicitation number
- R15PS00971
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Request for Quotes: R15PS00971
| Pilot | Work | Study | – | Feasibility | Study | Report | of | Putah | Creek | Resort | Gasoline |
| Contamination | ‐ |
| Lake | Berryessa | Concessions | Area |
| Table | of | Contents |
| Section | Documents |
| Section | A |
Standard Form 1449 – Return (1 signed Copy)
Section B
Schedule of Supplies/Services – Return with quote (1 Copy)
Section C Performance Work Statement
Section D Solicitation Provisions
Section E
FAR 52.212‐02 – Evaluation – Commercial Items
Section F
FAR 52.212‐04 ‐ Terms and Conditions – Commercial Items
Section G
| FAR | 52.212‐5 | ‐ | Contract | Terms | and | Conditions | to | Implement |
| Statutes | or | Executive | Orders | – | Commercial | Items |
| Should | you | have | any | questions | regarding | this | solicitation, | please | contact | Mr. | Erik | Danger, | (916) |
| 978‐5018, | edanger@mp.usbr.gov |
R E C L A M A T I O N Managing Water in the West
This page intentionally left blank
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
R20
Sacramento CA 95825-1898
Division of Acquisition Services Regional Office Mid-Pacific Region Bureau of Reclamation
0009909968 CODE 16. ADMINISTERED BYCODE
X
X
X
541620
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORR20
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
06/19/2015 1400 PT
06/03/2015
9169785018Erik Danger (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
R15PS00971
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 2 0040199455OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
2800 Cottage Way, Room E-1815
TELEPHONE NO.
17a. CONTRACTOR/
Folsom CA 95630-1799 7794 Folsom Dam Road-Receiving Central California Area Office Bureau of Reclamation-MP-CCAO
15. DELIVER TO
Sacramento CA 95825-1898 2800 Cottage Way, Room E-1815 Division of Acquisition Services Regional Office Mid-Pacific Region
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$15.0
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)
Bureau of Reclamation
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.
00010 PUTAH CREEK UNDERGROUND STORAGE TANK (UST) PILOT
WORK STUDY
(Price Schedule CLINS 1 through 4)
Period of Performance: 07/20/2015 to 04/15/2016
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
Erik M. Danger
. 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
2 2 of
5 | P a g e
| SECTION | B | |
| SCHEDULE | OF | SUPPLIES/SERVICES |
| Pilot | Work | Study | – | Feasibility | Study | Report | of | Putah | Creek | Resort | Gasoline | Contamination | ‐ |
| Lake | Berryessa | Concessions | Area |
B.1 DEFINTIONS
| a) AU | – | Activity | Unit | is | used | solely | for | the | purposes | of | allowing | progress | payments | under | the | Department | of |
| Interior’s | Financial | & | Business | Management | System | (FBMS). | This | line | represents | the | total | value | for | the | price | ||
| proposal | breakdown. | See | B.2 | below |
b) Price Schedule – A list of line items used for measurement and payment.
c) CLIN – Contract Line Item Number
B.2 PRICE SCHEDULE
ITEM NO. SUPPLIES/SERVICES EST.
QTY
UNIT
PRICE AMOUNT
| 1 | The | Contractor | shall | provide | all | labor, |
| management, | supervision, | administration, | ||||
| transportation, | equipment, | tools, | and | |||
| supplies | necessary | to | meet | all | ||
| requirements | of | the | Performance | Work | ||
| Statement | for | Task | 1 |
1 LS $__________ $____________
| 2 | The | Contractor | shall | provide | all | labor, |
| management, | supervision, | administration, | ||||
| transportation, | equipment, | tools, | and | |||
| supplies | necessary | to | meet | all | ||
| requirements | of | the | Performance | Work | ||
| Statement | for | Task | 2 |
1 LS $__________ $____________
| 3 | The | Contractor | shall | provide | all | labor, |
| management, | supervision, | administration, | ||||
| transportation, | equipment, | tools, | and | |||
| supplies | necessary | to | meet | all | ||
| requirements | of | the | Performance | Work | ||
| Statement | for | Task | 3 |
1 LS $__________ $____________
| 4 | The | Contractor | shall | provide | all | labor, |
| management, | supervision, | administration, | ||||
| transportation, | equipment, | tools, | and | |||
| supplies | necessary | to | meet | all | ||
| requirements | of | the | Performance | Work | ||
| Statement | for | Task | 4 |
1 LS $__________ $____________
TOTAL FOR PRICE SCHEDULE $_________________
END OF SUPPLIES OR SERVICES AND PRICES
6 | P a g e
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7 | P a g e
| SECTION | C | |
| Performance | Work | Statement |
See Attached
8 | P a g e
9 | P a g e
| SECTION | D |
| Solicitation | Provisions |
52.203‐99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—
Representation (FEB 2015)
| (a) | In | accordance | with | section | 743 | of | Division | E, | Title | VII, | of | the | Consolidated | and | Further | Continuing | Resolution | ||||
| Appropriations | Act, | 2015 | (Pub. | L. | 113‐235), | Government | agencies | are | not | permitted | to | use | funds | appropriated | (or | otherwise | |||||
| made | available) | under | that | or | any | other | Act | for | contracts | with | an | entity | that | requires | employees | or | subcontractors | of | such | ||
| entity | seeking | to | report | fraud, | waste, | or | abuse | to | sign | internal | confidentiality | agreements | or | statements | prohibiting | or | |||||
| otherwise | restricting | such | employees | or | subcontractors | from | lawfully | reporting | such | fraud, | waste, | or | abuse | to | a | designated | |||||
| investigative | or | law | enforcement | representative | of | a | Federal | department | or | agency | authorized | to | receive | such | information. |
| (b) | The | prohibition | in | paragraph | (a) | of | this | provision | does | not | contravene | requirements | applicable | to | Standard | Form | ||||
| 312, | Form | 4414, | or | any | other | form | issued | by | a | Federal | department | or | agency | governing | the | nondisclosure | of | classified |
information.
| (c) | Representation. | By | submission | of | its | offer, | the | Offeror | represents | that | it | does | not | require | employees | or | |||||
| subcontractors | of | such | entity | seeking | to | report | fraud, | waste, | or | abuse | to | sign | internal | confidentiality | agreements | or | statements | ||||
| prohibiting | or | otherwise | restricting | such | employees | or | subcontractors | from | lawfully | reporting | such | waste, | fraud, | or | abuse | to | a | ||||
| designated | investigative | or | law | enforcement | representative | of | a | Federal | department | or | agency | authorized | to | receive | such |
information.
(End of provision)
52.209‐7 Information Regarding Responsibility Matters JUL 2013
(a) Definitions. As used in this provision—
| “Administrative | proceeding” | means | a | non‐judicial | process | that | is | adjudicatory | in | nature | in | order | to | make | a | |||
| determination | of | fault | or | liability | (e.g., | Securities | and | Exchange | Commission | Administrative | Proceedings, | Civilian | ||||||
| Board | of | Contract | Appeals | Proceedings, | and | Armed | Services | Board | of | Contract | Appeals | Proceedings). | This | includes | ||||
| administrative | proceeding | at | the | Federal | and | State | level | but | only | in | connection | with | performance | of | a | Federal | contract | |
| or | grant. | It | does | not | include | agency | actions | such | as | contract | audits, | site | visits, | corrective | plans, | or | inspection | of |
deliverables.
“Federal contracts and grants with total value greater than $10,000,000” means—
(1) The total value of all current, active contracts and grants, including all priced options; and
| (2) | The | total | value | of | all | current, | active | orders | including | all | priced | options | under | indefinite‐delivery, | indefinite‐ |
| quantity, | 8(a), | or | requirements | contracts | (including | task | and | delivery | and | multiple‐award | Schedules). |
| “Principal” | means | an | officer, | director, | owner, | partner, | or | a | person | having | primary | management | or | supervisory | ||
| responsibilities | within | a | business | entity | (e.g., | general | manager; | plant | manager; | head | of | a | division | or | business | segment; |
| and | similar | positions). |
(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.
10 | P a g e
| (c) | If | the | offeror | checked | “has” | in | paragraph | (b) | of | this | provision, | the | offeror | represents, | by | submission | of | this | offer, |
| that | the | information | it | has | entered | in | the | Federal | Awardee | Performance | and | Integrity | Information | System | (FAPIIS) | is | |||
| current, | accurate, | and | complete | as | of | the | date | of | submission | of | this | offer | with | regard | to | the | following | information: |
| (1) | Whether | the | offeror, | and/or | any | of | its | principals, | has | or | has | not, | within | the | last | five | years, | in | connection | with | the |
| award | to | or | performance | by | the | offeror | of | a | Federal | contract | or | grant, | been | the | subject | of | a | proceeding, | at | the | Federal |
| or | State | level | that | resulted | in | any | of | the | following | dispositions: |
(i) In a criminal proceeding, a conviction.
| (ii) | In | a | civil | proceeding, | a | finding | of | fault | and | liability | that | results | in | the | payment | of | a | monetary | fine, | penalty, |
| reimbursement, | restitution, | or | damages | of | $5,000 | or | more. |
(iii) In an administrative proceeding, a finding of fault and liability that results in—
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
| (iv) | In | a | criminal, | civil, | or | administrative | proceeding, | a | disposition | of | the | matter | by | consent | or | compromise | with | an |
| acknowledgment | of | fault | by | the | Contractor | if | the | proceeding | could | have | led | to | any | of | the | outcomes | specified | in |
| paragraphs | (c)(1)(i), | (c)(1)(ii), | or | (c)(1)(iii) | of | this | provision. |
| (2) | If | the | offeror | has | been | involved | in | the | last | five | years | in | any | of | the | occurrences | listed | in | (c)(1) | of | this | provision, |
| whether | the | offeror | has | provided | the | requested | information | with | regard | to | each | occurrence. |
| (d) | The | offeror | shall | post | the | information | in | paragraphs | (c)(1)(i) | through | (c)(1)(iv) | of | this | provision | in | FAPIIS | as |
| required | through | maintaining | an | active | registration | in | the | System | for | Award | Management | database | via | ||||
| https://www.acquisition.gov | (see | 52.204‐7). |
(End of provision)
| 52.225‐25 | Prohibition | On | Contracting | with | Entities | Engaging | in | Certain | Activities | DEC | 2012 |
| or | Transactions | Relating | to | IRAN‐Representation | and | Certifications |
(a) Definitions. As used in this provision‐ Person‐
(1) Means‐
(i) A natural person;
| (ii) | A | corporation, | business | association, | partnership, | society, | trust, | financial | institution, | insurer, | ||
| underwriter, | guarantor, | and | any | other | business | organization, | any | other | nongovernmental | entity, | ||
| organization, | or | group, | and | any | governmental | entity | operating | as | a | business | enterprise; | and |
(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and
(2) Does not include a government or governmental entity that is not operating as a business enterprise.
Sensitive technology‐
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically‐
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
11 | P a g e
| (2) | Does | not | include | information | or | informational | materials | the | export | of | which | the | President | does | not | have |
| the | authority | to | regulate | or | prohibit | pursuant | to | section | 203(b)(3) | of | the | International | Emergency | Economic | ||
| Powers | Act | (50 | U.S.C. | 1702(b)(3)). |
(b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.
| (c) | Except | as | provided | in | paragraph | (d) | of | this | provision | or | if | a | waiver | has | been | granted | in | accordance | with | 25.703‐4, |
| by | submission | of | its | offer, | the | offeror‐ |
| (1) | Represents, | to | the | best | of | its | knowledge | and | belief, | that | the | offeror | does | not | export | any | sensitive | technology | to | the | |
| government | of | Iran | or | any | entities | or | individuals | owned | or | controlled | by, | or | acting | on | behalf | or | at | the | direction | of, | the |
| government | of | Iran; |
| (2) | Certifies | that | the | offeror, | or | any | person | owned | or | controlled | by | the | offeror, | does | not | engage | in | any | activities | for |
| which | sanctions | may | be | imposed | under | section | 5 | of | the | Iran | Sanctions | Act. | These | sanctioned | activities | are | in | the | areas | |
| of | development | of | the | petroleum | resources | of | Iran, | production | of | refined | petroleum | products | in | Iran, | sale | and | ||||
| provision | of | refined | petroleum | products | to | Iran, | and | contributing | to | Iran's | ability | to | acquire | or | develop | certain | ||||
| weapons | or | technologies; | and |
| (3) | Certifies | that | the | offeror, | and | any | person | owned | or | controlled | by | the | offeror, | does | not | knowingly | engage | in | any |
| transaction | that | exceeds | $3,000 | with | Iran's | Revolutionary | Guard | Corps | or | any | of | its | officials, | agents, | or | affiliates, | the | ||
| property | and | interests | in | property | of | which | are | blocked | pursuant | to | the | International | Emergency | Economic | Powers | ||||
| Act | (50 | U.S.C. | 1701 | et | seq.) | (see | OFAC's | Specially | Designated | Nationals | and | Blocked | Persons | List | at |
http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
| (d) | Exception | for | trade | agreements. | The | representation | requirement | of | paragraph | (c)(1) | and | the | certification |
| requirements | of | paragraphs | (c)(2) | and | (c)(3) | of | this | provision | do | not | apply | if‐ |
| (1) | This | solicitation | includes | a | trade | agreements | notice | or | certification | (e.g., | 52.225‐4, | 52.225‐6, | 52.225‐12, | 52.225‐24, |
| or | comparable | agency | provision); | and |
| (2) | The | offeror | has | certified | that | all | the | offered | products | to | be | supplied | are | designated | country | end | products | or |
| designated | country | construction | material. |
(End of provision)
DIAR 1452.215‐71 Use and Disclosure of Proposal Information – Department of the Interior APR 1984
| (a) | Definitions. | For | the | purposes | of | this | provision | and | the | Freedom | of | Information | Act | (5 | U.S.C. | 552), | the | following |
| terms | shall | have | the | meaning | set | forth | below: |
| (1) | "Trade | Secret" | means | an | unpatented, | secret, | commercially | valuable | plan, | appliance, | formula, | or | process, | |
| which | is | used | for | making, | preparing, | compounding, | treating | or | processing | articles | or | materials | which | are |
| trade | commodities. |
| (2) | "Confidential | commercial | or | financial | information" | means | any | business | information | (other | than | trade | |||
| secrets) | which | is | exempt | from | the | mandatory | disclosure | requirement | of | the | Freedom | of | Information | Act, | 5 |
| U.S.C. | 552. | Exemptions | from | mandatory | disclosure | which | may | be | applicable | to | business | information | |||
| contained | in | proposals | include | exemption | (4), | which | covers | "commercial | and | financial | information | obtained | |||
| from | a | person | and | privileged | or | confidential," | and | exemption | (9), | which | covers | "geological | and | geophysical | |
| information, | including | maps, | concerning | wells." |
| (b) | If | the | offeror, | or | its | subcontractor(s), | believes | that | the | proposal | contains | trade | secrets | or | confidential | commercial | |
| or | financial | information | exempt | from | disclosure | under | the | Freedom | of | Information | Act, | (5 | U.S.C. | 552), | the | cover | page |
12 | P a g e of each copy of the proposal shall be marked with the following legend:
| "The | information | specifically | identified | on | pages | ______ | of | this | proposal | constitutes | trade | secrets | or | confidential | ||||||||
| commercial | and | financial | information | which | the | offeror | believes | to | be | exempt | from | disclosure | under | the | Freedom | of | ||||||
| Information | Act. | The | offeror | requests | that | this | information | not | be | disclosed | to | the | public, | except | as | may | be | required | ||||
| by | law. | The | offeror | also | requests | that | this | information | not | be | used | in | whole | or | part | by | the | government | for | any | purpose | |
| other | than | to | evaluate | the | proposal, | except | that | if | a | contract | is | awarded | to | the | offeror | as | a | result | of | or | in | connection |
| with | the | submission | of | the | proposal, | the | Government | shall | have | the | right | to | use | the | information | to | the | extent | provided | |||
| in | the | contract." |
| (c) | The | offeror | shall | also | specifically | identify | trade | secret | information | and | confidential | commercial | and | financial | ||||||
| information | on | the | pages | of | the | proposal | on | which | it | appears | and | shall | mark | each | such | page | with | the | following | legend: |
| "This | page | contains | trade | secrets | or | confidential | commercial | and | financial | information | which | the | offeror | believes | to | be | ||
| exempt | from | disclosure | under | the | Freedom | of | Information | Act | and | which | is | subject | to | the | legend | contained | on | the |
| cover | page | of | this | proposal." |
| (d) | Information | in | a | proposal | identified | by | an | offeror | as | trade | secret | information | or | confidential | commercial | and | |||||
| financial | information | shall | be | used | by | the | Government | only | for | the | purpose | of | evaluating | the | proposal, | except | that | (i) | |||
| if | a | contract | is | awarded | to | the | offeror | as | a | result | of | or | in | connection | with | submission | of | the | proposal, | the | Government |
| shall | have | the | right | to | use | the | information | as | provided | in | the | contract, | and | (ii) | if | the | same | information | is | obtained | from |
| another | source | without | restriction | it | may | be | used | without | restriction. |
| (e) | If | a | request | under | the | Freedom | of | Information | Act | seeks | access | to | information | in | a | proposal | identified | as | trade |
| secret | information | or | confidential | commercial | and | financial | information, | full | consideration | will | be | given | to | the | |||||
| offeror's | view | that | the | information | constitutes | trade | secrets | or | confidential | commercial | or | financial | information. | The | |||||
| offeror | will | also | be | promptly | notified | of | the | request | and | given | an | opportunity | to | provide | additional | evidence | and | ||
| argument | in | support | of | its | position, | unless | administratively | unfeasible | to | do | so. | If | it | is | determined | that | information | ||
| claimed | by | the | offeror | to | be | trade | secret | information | or | confidential | commercial | or | financial | information | is | not | exempt | ||
| from | disclosure | under | the | Freedom | of | Information | Act, | the | offeror | will | be | notified | of | this | determination | prior | to | ||
| disclosure | of | the | information. |
| (f) | The | Government | assumes | no | liability | for | the | disclosure | or | use | of | information | contained | in | a | proposal | if | not | marked | |
| in | accordance | with | paragraphs | (b) | and | (c) | of | this | provision. | If | a | request | under | the | Freedom | of | Information | Act | is | made |
| for | information | in | a | proposal | not | marked | in | accordance | with | paragraphs | (b) | and | (c) | of | this | provision, | the | offeror | ||
| concerned | shall | be | promptly | notified | of | the | request | and | given | an | opportunity | to | provide | its | position | to | the | |||
| Government. | However, | failure | of | an | offeror | to | mark | information | contained | in | a | proposal | as | trade | secret | information | or | |||
| confidential | commercial | or | financial | information | will | be | treated | by | the | Government | as | evidence | that | the | information | is | ||||
| not | exempt | from | disclosure | under | the | Freedom | of | Information | Act, | absent | a | showing | that | the | failure | to | mark | was | due | |
| to | unusual | or | extenuating | circumstances, | such | as | a | showing | that | the | offeror | had | intended | to | mark, | but | that | markings | ||
| were | omitted | from | the | offeror's | proposal | due | to | clerical | error. |
(End of provision)
ET 02‐20 Authorized Workers notice to Potential Bureau of Reclamation Contractors SEP 2002
| (a) | Definitions. | ||||||||||
| IRCA | ‐ | Immigration | Reform | and | Control | Act | of | 1986 | |||
| INA | ‐ | Immigration | and | Nationality | Act | ||||||
| INS | ‐ | Immigration | and | Naturalization | Service | ||||||
| SSA | ‐ | Social | Security | Administration | |||||||
| INS | SAVE | Program | ‐ | The | INS | Systematic | Alien | Verification | for | Entitlements | Program |
| ESA | ‐ | Employment | Standards | Administration | (Department | of | Labor) |
| (a) | Authority. | Immigration | Reform | and | Control | Act | of | 1986 | (8 | USC | 1101 | as | amended) | and | the | Immigration | and |
| Nationality | Act, | Section | 274A. |
13 | P a g e
| (b) | Who | is | Covered. | INA | includes | provisions | addressing | employment | eligibility, | employment | verification, | and |
| nondiscrimination. | These | provisions | apply | to | all | employers, | including | government | contractors. |
| (c) | Basic | Provisions/Requirements. | Under | IRCA, | employers | may | hire | only | persons | who | may | legally | work | in | the | U.S., | ||||
| i.e., | citizens | and | nationals | of | the | U.S. | and | aliens | authorized | to | work | in | the | U.S. | The | employer | must | verify | the | identity |
| and | employment | eligibility | of | anyone | to | be | hired, | which | includes | completing | the | Employment | Eligibility | Verification | ||||||
| Form | (I‐9). | Employers | must | keep | each | I‐9 | on | file | for | at | least | three | years, | or | one | year | after | employment | ends, | |
| whichever | is | longer. | Detailed | guidance | on | the | I‐9 | is | available | at | the | INS | web | site: | http://www.uscis.gov/i‐9 |
| (d) | Employment | Verification | Pilot | Programs. | The | INS | and | the | SSA | are | conducting | the | following | programs | that | provide | ||||
| employers | a | way | to | confirm | the | employment | eligibility | of | their | newly | hired | employees. | Any | employer | located | in | a | pilot | ||
| state | may | volunteer | to | participate | in | a | pilot | program. | If | employers | are | not | located | in | a | pilot | state, | they | would | verify |
| employment | eligibility | by | following | the | procedures | currently | in | place, | i.e., | by | completing | Form | I‐9. |
| (1) | The | Basic | Pilot | is | a | joint | pilot | being | conducted | by | the | INS | and | SSA | in | the | States | of | California, | Florida, | |
| Illinois, | Nebraska, | New | York, | and | Texas. | This | pilot | involves | verification | checks | of | the | SSA | and | INS | databases | of | all | |||
| newly | hired | employees, | regardless | of | citizenship. | To | receive | information | on | the | Basic | Pilot | program | please | call | the | INS | ||||
| SAVE | Program | toll | free | at | 1‐888‐464‐4218, | or | fax | your | request | for | information | to | (202) | 514‐9981, | or | write | to | USINS, | |||
| SAVE | Program, | 425 | I | Street, | NW, | ULLICO | Building | 4th | Floor, | Washington, | DC | 20536. | You | may | also | contact | the | Social | |||
| Security | Administration | by | calling | (410) | 966‐1940, | or | writing | to | Social | Security | Administration, | Office | of | Program | |||||||
| Benefits | Policy, | 6401 | Security | Blvd., | 760 | Altmeyer, | Baltimore, | MD | 21235. |
| (2) | The | INS | is | conducting | the | Citizen | Attestation | Pilot | in | the | States | of | Arizona, | Maryland, | Massachusetts, | |||
| Michigan, | and | Virginia. | The | Citizen | Attestation | Pilot | permits | participating | employers | to | electronically | verify | the | |||||
| employment | eligibility | of | newly | hired | alien | employees | by | using | a | personal | computer | with | a | modem. | To | receive | ||
| information | on | the | Citizen | Attestation | Pilot | program | please | call | the | INS | SAVE | Program | toll | free | at | 1‐888‐464‐4218, | or | |
| fax | your | request | for | information | to | (202) | 514‐9981. | Employers | may | also | write | to | US/INS, | SAVE | Program, | 425 | I | Street, |
| NW, | ULLICO‐4th | Floor, | Washington, | DC | 20536. |
| (3) | The | INS | and | the | SSA | are | conducting | the | Machine‐Readable | Document | Pilot | in | the | State | of | Iowa. | The | |
| Machine‐Readable | Document | Pilot | is | identical | to | the | Basic | Pilot | in | all | respects, | except | for | the | geographic | scope | of | the |
| pilot | and | for | one | additional | feature. | If | an | employee | presents | an | Iowa's | driver's | license | or | identification | card | containing | |
| a | machine‐readable | SSN, | the | employer | will | make | an | inquiry | through | the | confirmation | system | by | using | the | machine‐ | ||
| readable | feature. | To | receive | information | on | the | Machine‐Readable | Document | Pilot | program | please | call | the | INS | SAVE | |||
| Program | toll | free | at | 1‐888‐464‐4218, | or | fax | your | request | for | information | to | (202) | 514‐9981. | You | may | also | write | to |
| US/INS, | SAVE | Program, | 425 | I | Street, | NW, | ULLICO‐4th | Floor, | Washington, | DC | 20536. |
| (e) | Employee | Rights. | The | INA | protects | U.S. | citizens | and | aliens | authorized | to | accept | employment | in | the | U.S. | from |
| discrimination | in | hiring | or | discharge | on | the | basis | of | national | origin | and | citizenship | status. |
| (f) | Compliance | Assistance. | More | detailed | information, | including | copies | of | explanatory | brochures | and | regulatory | and | |
| interpretative | materials, | may | be | obtained | from | local | offices | of | the | Department | of | Labor's | Employment | Standards |
| Division, | Wage | and | Hour | Division, | and | the | Office | of | Federal | Contract | Compliance | Programs. |
| (g) | Penalties/Sanctions. | Employers | who | fail | to | complete | and/or | retain | the | I‐9 | forms | are | subject | to | penalties. | The | INS | |
| enforces | the | INA | requirements | on | verification | of | employment | eligibility. | The | Justice | Department | enforces | the | anti‐ | ||||
| discrimination | provisions. | As | part | of | their | ongoing | enforcement | efforts, | the | ESA's | Wage | and | Hour | Division | and | Office | ||
| of | Federal | Contract | Compliance | Programs | conduct | inspections | of | the | I‐9 | forms. | They | report | their | findings | to | the | INS | |
| and | to | the | Department | of | Justice | when | they | find | cases | of | disparate | treatment | or | unauthorized | employment. | A | ||
| debarring | official | may | debar | a | contractor, | based | on | a | determination | by | the | Attorney | General | of | the | United | States, | or |
| designee, | that | the | contractor | is | not | in | compliance | with | the | INA. | The | Attorney | General's | determination | is | not | ||
| reviewable | in | the | debarment | proceedings |
(End of provision)
WBR 1452.225‐82 Notice of World Trade Organization Government Procurement MAY 2005
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Agreement Evaluations – Bureau of Reclamation
| In | accordance | with | the | Agreement | on | Government | Procurement, | as | amended | by | the | Uruguay | Round | Agreements | Act | |||
| (Pub. | L. | 103‐465), | and | other | trade | agreements, | FAR | Subpart | 25.4, | World | Trade | Organization | Government | |||||
| Procurement | Agreement, | applies | to | Bureau | of | Reclamation | acquisitions. | In | order | to | apply | trade | agreements | unique | to | |||
| Reclamation, | the | contracting | officer | will | (irrespective | of | any | other | provision | or | clause | of | this | solicitation) | evaluate | |||
| acquisitions | at | or | above | the | dollar | thresholds | listed | in | FAR | 25.402(b) | without | regard | to | the | restrictions | of | the | Buy |
| American | Act. |
(End of provision)
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| SECTION | D | ||||||
| FAR | 52.212‐02 | (Jan | 1999) | Evaluation | – | Commercial | Items |
| (a) | The | Government | will | award | a | contract | resulting | from | this | solicitation | to | the | responsible | vendor | whose | offer | conforming | to |
| the | solicitation | will | be | most | advantageous | to | the | Government, | price | and | other | factors | considered. | The | following | factors | shall | be |
| used | to | evaluate | quotes: |
Factor 1 – Technical
| Quote | includes | sufficient | information | to | demonstrate | the | vendor | has | experience | in | performing | work | similar | in | size, |
| scope, | complexity, | and | nature | to | what | is | specified | in | the | PWS. |
| Factor | 2 | – | Past | Performance | ||||||||||||||||||
| The | vendor | should | include | sufficient | information | for | the | Government | to | determine | that | they | have | successfully | ||||||||
| supplied | the | same | or | very | similar | services | in | the | past. | The | vendor | does | not | have | any | instances | of | failure | to | deliver | or | |
| of | termination | of | a | contract | for | cause/default. |
RELATIVE ORDER OF IMPORTANCE:
| Technical | and | past | performance, | when | combined, | are | significantly | less | important | than | cost | or | price. | Award | will | be | |
| made | to | the | responsible | vendor | submitting | the | lowest | evaluated | price | of | quotes | meeting | or | exceeding | the | ||
| acceptability | standards | for | non‐cost/price | factors | and | any | significant | subfactors | listed | in | this | provision. |
(End of Provision)
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| SECTION | E | ||||||||
| FAR | 52.212‐04 | (May | 2014) | Terms | and | Conditions | – | Commercial | Items |
(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. | ||||||
| (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. |
17 | P a g e
| (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.— | ||||||||||||||||||
| (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). |
18 | P a g e
| (iv) | If | a | demand | for | payment | was | previously | issued | for | the | debt, | the | demand | for | payment | included | in | the | final | decision |
| shall | identify | the | same | due | date | as | the | original | demand | for | payment. |
| (v) | Amounts | shall | be | due | at | the | earliest | of | the | following | dates: | |||||||
| (A) | The | date | fixed | under | this | contract. | ||||||||||||
| (B) | The | date | of | the | first | written | demand | for | payment, | including | any | demand | for | payment | resulting | from | a | default |
termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date
| and | ending | on— | ||||||||||||||||
| (A) | The | date | on | which | the | designated | office | receives | payment | from | the | Contractor; | ||||||
| (B) | The | date | of | issuance | of | a | Government | check | to | the | Contractor | from | which | an | amount | otherwise | payable | has |
| been | withheld | as | a | credit | against | the | contract | debt; | or | |||||||||
| (C) | The | date | on | which | an | amount | withheld | and | applied | to | the | contract | debt | would | otherwise | have | become | payable |
| to | the | Contractor. | ||||||||||||||||
| (vii) | The | interest | charge | made | under | this | clause | may | be | reduced | under | the | procedures | prescribed | in | 32.608‐2 | of | the |
| Federal | Acquisition | Regulation | in | effect | on | the | date | of | this | contract. | ||||||||||
| (j) | Risk | of | loss. | Unless | the | contract | specifically | provides | otherwise, | risk | of | loss | or | damage | to | the | supplies | provided | under | this |
| contract | shall | remain | with | the | Contractor | until, | and | shall | pass | to | the | Government | upon: | |||||
| (1) | Delivery | of | the | supplies | to | a | carrier, | if | transportation | is | f.o.b. | origin; | or | |||||
| (2) | Delivery | of | the | supplies | to | the | Government | at | the | destination | specified | in | the | contract, | if | transportation | is | f.o.b. |
destination.
| (k) | Taxes. | The | contract | price | includes | all | applicable | Federal, | State, | and | local | taxes | and | duties. | |||
| (l) | Termination | for | the | Government’s | convenience. | The | Government | reserves | the | right | to | terminate | this | contract, | or | any | part |
| hereof, | for | its | sole | convenience. | In | the | event | of | such | termination, | the | Contractor | shall | immediately | stop | all | work | hereunder | and | ||
| shall | immediately | cause | any | and | all | of | its | suppliers | and | subcontractors | to | cease | work. | Subject | to | the | terms | of | this | contract, | the |
| Contractor | shall | be | paid | a | percentage | of | the | contract | price | reflecting | the | percentage | of | the | work | performed | prior | to | the | notice | |
| of | termination, | plus | reasonable | charges | the | Contractor | can | demonstrate | to | the | satisfaction | of | the | Government | using | its | |||||
| standard | record | keeping | system, | have | resulted | from | the | termination. | The | Contractor | shall | not | be | required | to | comply | with | the | |||
| cost | accounting | standards | or | contract | cost | principles | for | this | purpose. | This | paragraph | does | not | give | the | Government | any | right | |||
| to | audit | the | Contractor’s | records. | The | Contractor | shall | not | be | paid | for | any | work | performed | or | costs | incurred | which | reasonably | ||
| could | have | been | avoided. | ||||||||||||||||||
| (m) | Termination | for | cause. | The | Government | may | terminate | this | contract, | or | any | part | hereof, | for | cause | in | the | event | of | any |
| default | by | the | Contractor, | or | if | the | Contractor | fails | to | comply | with | any | contract | terms | and | conditions, | or | fails | to | provide | the |
| Government, | upon | request, | with | adequate | assurances | of | future | performance. | In | the | event | of | termination | for | cause, | the | |||||
| Government | shall | not | be | liable | to | the | Contractor | for | any | amount | for | supplies | or | services | not | accepted, | and | the | Contractor | shall | |
| be | liable | to | the | Government | for | any | and | all | rights | and | remedies | provided | by | law. | If | it | is | determined | that | the | Government |
| improperly | terminated | this | contract | for | default, | such | termination | shall | be | deemed | a | termination | for | convenience. | |||||||
| (n) | Title. | Unless | specified | elsewhere | in | this | contract, | title | to | items | furnished | under | this | contract | shall | pass | to | the |
| Government | upon | acceptance, | regardless | of | when | or | where | the | Government | takes | physical | possession. | ||||||
| (o) | Warranty. | The | Contractor | warrants | and | implies | that | the | items | delivered | hereunder | are | merchantable | and | fit | for | use | for |
| the | particular | purpose | described | in | this | contract. | |||||||||||||
| (p) | Limitation | of | liability. | Except | as | otherwise | provided | by | an | express | warranty, | the | Contractor | will | not | be | liable | to | the |
| Government | for | consequential | damages | resulting | from | any | defect | or | deficiencies | in | accepted | items. | |||||
| (q) | Other | compliances. | The | Contractor | shall | comply | with | all | applicable | Federal, | State | and | local | laws, | executive | orders, | rules |
| and | regulations | applicable | to | its | performance | under | this | contract. | ||||||||||
| (r) | Compliance | with | laws | unique | to | Government | contracts. | The | Contractor | agrees | to | comply | with | 31 | U.S.C. | 1352 | relating | to |
| limitations | on | the | use | of | appropriated | funds | to | influence | certain | Federal | contracts; | 18 | U.S.C. | 431 | relating | to | officials | not | to | |
| benefit; | 40 | U.S.C. | chapter | 37, | Contract | Work | Hours | and | Safety | Standards; | 41 | U.S.C. | chapter | 87, | Kickbacks; | 41 | U.S.C. | 4712 | and | 10 |
19 | P a g e
| 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 |
| 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.
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| (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.
(End of clause)
| FAR | 52.203‐17 | Contractor | Employee | Whistleblower | Rights | and | Requirement | to | Inform | SEP | 2013 |
| Employees | of | Whistleblower | Rights |
| a) | This | contract | and | employees | working | on | this | contract | will | be | subject | to | the | whistleblower | rights | and | remedies | in |
| the | pilot | program | on | Contractor | employee | whistleblower | protections | established | at | 41 | U.S.C. | 4712 | by | section | 828 | of | ||
| the | National | Defense | Authorization | Act | for | Fiscal | Year | 2013 | (Pub. | L. | 112‐239) | and | FAR | 3.908. |
| (b) | The | Contractor | shall | inform | its | employees | in | writing, | in | the | predominant | language | of | the | workforce, | of | employee |
| whistleblower | rights | and | protections | under | 41 | U.S.C. | 4712, | as | described | in | section | 3.908 | of | the | Federal | Acquisition |
Regulation.
| (c) | The | Contractor | shall | insert | the | substance | of | this | clause, | including | this | paragraph | (c), | in | all | subcontracts | over | the |
| simplified | acquisition | threshold. |
(End of clause)
| 52.203‐99 | Prohibition | on | Contracting | with | Entities | that | Require | Certain | Internal | Confidentiality | Agreements | |
| (MAR | 2015) |
| (a) | The | contractor | shall | not | require | employees | or | subcontractors | seeking | to | report | fraud, | waste, | or | abuse | to | sign | or | ||||
| comply | with | internal | confidentiality | agreements | or | statements | prohibiting | or | otherwise | restricting | such | employees | or | |||||||||
| subcontractors | from | lawfully | reporting | such | fraud, | waste, | or | abuse | to | a | designated | investigative | or | law | enforcement | |||||||
| representative | of | a | Federal | department | or | agency | authorized | to | receive | such | information. |
| (b) | The | contractor | shall | notify | employees | that | the | prohibition | and | restrictions | of | any | internal | confidentiality | ||||
| agreements | covered | by | this | clause | are | no | longer | in | effect. |
| (c) | The | prohibition | in | paragraph | (a) | of | this | clause | does | not | contravene | requirements | applicable | to | Standard | Form | ||||
| 312, | Form | 4414, | or | any | other | form | issued | by | a | Federal | department | or | agency | governing | the | nondisclosure | of | classified |
information.
| (d)(1) | In | accordance | with | section | 743 | of | Division | E, | Title | VII, | of | the | Consolidated | ||||||
| and | Further | Continuing | Resolution | Appropriations | Act, | 2015 | (Pub. | L. | 113‐235), | use | of | funds | appropriated | (or | otherwise | made | |||
| available) | under | that | or | any | other | Act | may | be | prohibited, | if | the | Government | determines | that | the | contractor | is | not | in |
| compliance | with | the | provisions | of | this | clause. |
| (2) | The | Government | may | seek | any | available | remedies | in | the | event | the | contractor | fails | to | comply | with | the | provisions | |||
| of | this | clause. |
(End of clause)
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FAR 52.209‐09 Updates of Publicly Available Information Regarding Responsibility Matters SEP 2013
| (a) | The | Contractor | shall | update | the | information | in | the | Federal | Awardee | Performance | and | Integrity | Information | ||||
| System | (FAPIIS) | on | a | semi‐annual | basis, | throughout | the | life | of | the | contract, | by | posting | the | required | information | in | the |
| System | for | Award | Management | database | via | https://www.acquisition.gov. |
| (b) | As | required | by | section | 3010 | of | the | Supplemental | Appropriations | Act, | 2010 | (Pub. | L. | 111‐212), | all | information | ||
| posted | in | FAPIIS | on | or | after | April | 15, | 2011, | except | past | performance | reviews, | will | be | publicly | available. | FAPIIS | consist |
| of | two | segments— |
| (1) | The | non‐public | segment, | into | which | Government | officials | and | the | Contractor | post | information, | which | can | only | be |
| viewed | by— |
(i) Government personnel and authorized users performing business on behalf of the Government; or
(ii) The Contractor, when viewing data on itself; and
| (2) | The | publicly‐available | segment, | to | which | all | data | in | the | non‐public | segment | of | FAPIIS | is | automatically | transferred |
| after | a | waiting | period | of | 14 | calendar | days, | except | for‐‐ |
(i) Past performance reviews required by…
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