Combined_Synopsis_Solicitation_R17PS00171.pdf

Combined Synopsis/Solicitation

BUREAU OF RECLAMATION, MID-PACIFIC REGION

SACRAMENTO, CALIFORNIA

R17PS00171

COMBINED SYNOPSIS/SOLICITATION

Pump Repair Services – East Bear Creek Pumping Plant

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with FAR part 13.5 and additional information included in this notice. The Bureau of Reclamation intends to award a Two Phased Firm Fixed Price Purchase Order with two optional line items (which will not be priced out until Phase I is completed) in response to this solicitation. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This requirement is being solicited as 100% Set Aside for Small Businesses and evaluation will be based on Low Price Technically Acceptable (LPTA).

GENERAL INFORMATION

RFP Number: R17PS00171

Request for Quotation (RFQ) Request for Proposal (RFP) Invitation for Bid (IFB)

North American Industry Classification Code (NAICS): 811310 Size Standard: $7.5 Million

100% Set Aside for Small Businesses

Proposal are due February 6, 2017 at 10:00am PST to kfleming@usbr.gov

CLIN # DESCRIPTION QTY UNIT OF

ISSUE

UNIT PRICE UNIT PRICE

00010 PHASE I - PUMP/MOTOR

INSPECTION: Contract shall provide all labor, equipment material, supplies, transportation, and supervision to perform Task 1 in accordance with the Performance Work Statement (PWS).

1 Lump Sum $ $

TOTAL PRICE $

CLIN # DESCRIPTION QTY UNIT OF

ISSUE

UNIT PRICE UNIT PRICE

00020 Option Line Item

PHASE II – PUMP/MOTOR REPAIR:

NOTE: This CLIN will not be price out at time of Solicitation. CLIN 00010 will determine if this CLIN is exercised.

Contract shall provide all labor, equipment material, supplies, transportation, and

1 Lump Sum $ $

PROPOSAL/PRICING SCHEDULE

supervision to perform Task 2 in accordance with the Performance Work Statement (PWS).

TOTAL PRICE $

CLIN # DESCRIPTION QTY UNIT OF

ISSUE

UNIT PRICE UNIT PRICE

00030 Option Line Item

PHASE II – PUMP/MOTOR

REPLACEMENT:

NOTE: This CLIN will not be price out at time of Solicitation. CLIN 00010 will determine if this CLIN is exercised.

Contract shall provide all labor, equipment material, supplies, transportation, and supervision to perform Task 3 in accordance with the Performance Work Statement (PWS).

1 Lump Sum $ $

TOTAL PRICE $

Proposals/offers shall be valid for 90 days from the offer due date.

Offeror’s Business Information:

Business Name: _______________________________

Authorized Agent’s Signature/Date: _______________________________

DUNS Number/Cage Code: ______________________

Tax ID Number: _______________________________

Business Size (select one): Large Small

APPLICABLE WAGE DETERMINATION:

Wage Determination No.: 2005-2063 Revision No.: 18 Date of Revision: 12/30/2016

This document can be viewed at:

http://www.wdol.gov/sca.aspx

Please see further instructions for quote submission under Provision 52.212-1 and 52.212-2 on pages 30 of this document.

Documents necessary for proposal submission are as follows:

1. Completed and signed Pages 2 and 3 of this document (Pricing sheet)

2. Cost breakdown sheets (if further breakdown is available).

3. Completed Reps and Certs - See FAR 52.209-5 and 52.212-3 http://www.wdol.gov/sca.aspx

Performance Work Statement

East Bear Creek Pumping Plant – Pump #2 Repair Dated: January 11, 2017

1.0 Background

The Central Valley Project Improvement Act (CVPIA) of 1992, P.L. 102-575, Title 34, Section 3406(d) requires the Bureau of Reclamation (Reclamation) to provide specific quantities of water to 19 wetlands and wildlife habitats (refuges) located in California’s Central Valley. This would include the East Bear Creek Unit (EBC) of the San Luis National Wildlife Refuge Complex (Refuge). Section 3406(d)(5) of the CVPIA states, “The Secretary is authorized and directed to construct or to acquire from non-Federal entities such as water conveyance capacity, and wells as are necessary to implement the requirements of this subsection.”

Reclamation completed the construction of the EBC Pumping Plant (PP) and the internal distribution facilities on EBC in 2009.

However, the PP at EBC has been plagued with operational problems since coming on-line. Reclamation is currently working on fixing these problems and improving ease of operation. Reclamation is also working to establish a 5-year Operation and Maintenance (O&M) contact with an outside contractor to assist the Refuge with their operations and maintenance responsibilities at the PP. In 2014, Pump #2 at EBC became inoperable and was pulled (along with the motor), inspected and repaired. The repaired pump was interchanged with Pump #1. The motor did not require any repairs. The current Pump #2 is not operable. The following PWS is to address specifically the inspection and repair or replacement of Pump #2.

2.0 Scope

Reclamation desires to enter into a contract with a pump repair contractor to pull, inspect, report and either repair or replace Pump #2 at the EBC. Motor #2 will also be inspected. The extent of the repairs needed is not known. However, Refuge personnel that operate the plant believe a pump bearing(s) has failed.

The Contractor shall remove Pump #2 and motor from the EBCPP. The unit is housed in a metal shade structure with a removable roof. The pump is a 125 hp vertical turbine pump with a 30” bowl assembly. An appropriately sized and certified crane supplied by the contractor shall be used to pull the pump and motor. A certified crane operator shall operate the crane.

The Contractor shall deliver the pump to their repair shop and disassemble and inspect the pump to determine the nature of the problem(s). The Contractor shall complete the inspection and prepare a report of the problems/issues. Once the report is received by the Contracting Office (CO), a determination will be made to either exercise Task 2 – Repair the Pump or Task 3 – Replace the Pump.

3.0 Type of Contract

The Government intends to award a Firm-Fixed Price Contract.

4.0 Period of Performance

The period of performance shall be from date through August 30, 2017.

5.0 ADMINISTRATIVE INFORMATION

5.1 RECOGNIZED HOLIDAYS:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

5.2 Hours of Operations

The contractor is responsible for conducting business, between the hours of 8 am and 5 pm (PT), Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. However, the contractor shall need to work within the hours at the Refuge when removing and installing the pump and motor.

5.3 Place of Performance

The work to be performed under this contract will be performed at Refuge and the contractor’s repair facility.

5.4 Security

CONTRACTOR PERSONNEL PERFORMING WORK UNDER THIS CONTRACT MUST BE ACCOMPANIED BY

REFUGE PERSONNEL WHEN WORKING ON-SITE AT EBC.

The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

5.0 Delivery

Delivery of equipment and material will be made to the work site and coordinated with Refuge staff. Deliveries must be during Refuge operating hours.

6.0 Government-Furnished Property

6.1 Services

None anticipated at this time.

6.2 Facilities

The Government will coordinate with Refuge personnel to provide access and oversight while the contractor is at the Refuge.

6.3 Utilities

Electrical utilities are available at the site.

The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

6.4 Equipment

Not applicable.

6.5 Materials

Not applicable.

7.0 Applicable Publications (Current Editions)

Not applicable.

8.0 Objectives

The objective of this project is to inspect and repair or replace EBCPP Pump #2. This will enable the EBC to utilize the full operational capacity of the PP.

9.0 Tasks

Task 1 – Phase I – Pump #2 Remove, Inspect and Provide a Report

The Contractor shall remove Pump #2 and motor. The Contractor shall inspect the pump and motor to provide a detailed inspection report of the pump and motor to CO. Once the report is received by the CO, a determination will be made to either exercise Optional Task 2 – Repair Pump #2 or exercise Optional Task 3 – Replace Pump #2. A modification will be processed once the determination is completed and then the Contractor shall either perform Option Task 2 or Optional Task 3.

• Mobilize.

• Remove pump and motor #2:

o Remove shade structure roof accordingly.

o Pull pump and motor.

o Secure open pump intake and electrical.

o Secure and protect motor.

o Secure and transport pump to shop for inspection.

• Inspect motor.

• Inspect pump.

• Prepare and submit inspection reports.

• If the repairs and estimate are determined to be fair and reasonable, the contractor will be asked to continue to Task 2a or Task 2b.

Deliverables Schedule:

Task 1:

a. Pump # 2 shall be pulled and transported to appropriate location for inspection 20 business days after date of order.

b. A report detailing the scope of the repairs needed, time to complete, and cost estimate is due 6 business days after the pump is removed from the EBC PP.

c. Reclamation will provide the contract with written notice of how to proceed (Optional Task 2, or Optional

Task 3) within 5 business days upon receipt of the inspection reports.

Optional Task 2 – Phase II - Repair Pump #2

With written approval from the CO, the Contractor shall complete repairs, return the pump (and motor if applicable) to EBC, install the pump and motor, test the pump and motor, and ensure proper pump and motor operation.

• Repair pump.

• Reinstall pump and motor.

• Test the pump and motor installation.

• Ensure roof structure, electrical and all other pump plant components are restored to previous/operating conditions.

• Demobilize.

Deliverables Schedule:

Optional Task 2:

a. Complete repair and installation of pump and motor within 21 business days of Reclamation notice to proceed with repairs.

Optional Task 3 – Phase II - Replace Pump #2

In the event the pump repair is determined to be cost effect to Reclamation to replace the pump, this Optional Task 3 shall be exercised. If replacement is necessary, the Contractor, with written authorization from the CO, will procure a new, in-kind pump available from the manufacture of the original pump and install the pump and motor, test the pump and motor and ensure proper pump and motor operation.

• Prepare submittals for new equipment.

• Procure new equipment once submittals are approved.

• Install new equipment.

• Test the pump and motor after installation.

• Ensure roof structure, electrical and all other pump plant components are restored to previous/operating conditions.

• Demobilize.

Deliverables Schedule:

Optional Task 3:

a. Submittals for new pump/equipment replacement within 20 business days of Reclamation notice to proceed with replacement.

b. Reclamation will review the new pump/equipment submittals and respond to contractor within 10 business days of receipt.

c. Complete procurement, installation and testing of new equipment 100 business days (20 weeks) after

Reclamation review of new equipment submittals.

10.0 Performance Assessment and Disincentives

(a) Monitoring Performance. During the course of the evaluation period, the COR will track Contractor performance.

Interim (mid-term) evaluations may be provided to identify strengths and weaknesses in the Contractor's performance during the period being evaluated. At the end of the period, the COR will assess the Contractor's performance in accordance with the Quality Assurance Surveillance Plan (QASP) and report to the Contracting Officer.

(b) Contractor Self-Assessment. Following each evaluation period, the Contractor may provide a written self-assessment of its performance to the COR to be considered in its report to the Contracting Officer. The self-assessment shall be submitted not later than 5 working days after the end of each evaluation period. The self-evaluation shall not exceed 1 page per PRS element. The self-assessment shall address both the strengths and weaknesses of the Contractor's performance during the evaluation period. Where deficiencies in performance are noted, the Contractor shall describe the actions planned or taken to correct such deficiencies and avoid their recurrence. The self-assessment itself will NOT be the basis for the Disincentives determination.

(c) COR Recommendation. The COR will consider all evaluations and any other pertinent information, including

Contractor self-assessment, and will prepare a report to the Contracting Officer with findings and recommendations. The Contractor will be provided a copy of the draft findings and recommendations of the COR and will be afforded the opportunity to identify factual errors. The COR's draft recommendation is not subject to negotiation and the COR will not engage in discussions with the Contractor. Any errors identified by the Contractor will be addressed by the COR in its final report. The Contractor will be provided a copy of the final COR report at the same time the report is submitted to the Contracting Officer.

(d) Payment Determination. The Contracting Officer may meet with the COR to discuss the COR's report. The Contracting

Officer will make a final determination in writing as to the percentage of work successfully completed, and the resulting payment to be made. A copy of the determination will be provided to the Contractor no later than 45 calendar days after the end of the period being evaluated. All Contracting Officer decisions regarding Disincentives are unilateral decisions made solely at the discretion of the Government.

(e) Deduction. Notwithstanding any other clause of this contract, deduction of the Disincentive will be made within 60 days after the end of the evaluation period or 30 days after receipt of an approved invoice.

(f) The Quality Assurance Surveillance Plan is one evaluation method the government uses to monitor performance to determine whether the Contractor meets the standards of performance as defined in the PWS. The absence of a QASP for any contract requirement, however, shall not detract from its enforceability or limit the rights or remedies of the government under any other provision of the contract in determining the quality of the Contractor performance.

Performance Requirements Summary/Quality Assurance Surveillance Plan

PERFORMANCE REQUIREMENTS SUMMARY AND

QUALITY ASSURANCE SURVIELLANCE PLAN (QASP)

Performance Requirement Summary

(PRS)

Acceptable Quality Level Method of Surveillance

Deduction

Reclamation will coordinate with Refuge staff to provide oversight while the contractor is on Refuge property.

Reclamation will be on sight for the pull, replace and testing.

Reclamation will require an estimate of the repairs needed and new pump replacement within 7 business days of removing the equipment from EBC PP.

(a) Timeliness:

Recommendations are provided in a timely manner and are submitted by the date required 98% of the time.

(b) Quality: Collaboration during SAB meetings results in meaningful reviews and reports.

Comparison of the submittal date to the Transaction Record Reporting and Processing (TRRP) need date.

Periodic COR surveillance.

Contractor does not meet 98% timeliness threshold in “Acceptable Quality Level”

2% deduction to the monthly invoice.

TABLE OF CONTENTS

COMMERCIAL CLAUSES PAGE

1 52.252-2 Clauses Incorporated by Reference 9 2 52.203-99 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreement (DEVIATION 2015-02)

3 52.212-4 Contract Terms and Conditions--Commercial Items 10 4 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders--Commercial Items

5 52.217-8 Option to Extend Services 22 6 52.217-9 Option to Term of the Contract 22 7 52.252-6 Authorized Deviations in Clauses 22 8 1452.201-70 Authorities and Delegations 22 9 1452.228-70 – Liability Insurance – Department of the Interior 23

10 DOI-AAAP-0028 – Electronic Invoicing and Payment Requirements – Invoice Processing Platform

11 DOI-AAAP-0050 – Contractor Performance Assessment Reporting System 24 12 WBR 1452.223-81 Safety and Health – Bureau of Reclamation 25 13 WBR 1452.223-82 Protecting Federal Employees and the Public from Exposure to

Tobacco Smoke in the Federal Workplace – Bureau of Reclamation

14 WBR 1452.237-80 Security Requirements--Bureau of Reclamation 26

COMMERCIAL PROVISIONS PAGE

1 52.252-1 Solicitation Provisions Incorporated by Reference 29 2 52.209-5 Certification Regarding Responsibility Matters 29 3 52.212-1 Addendum Instructions to Offerors--Commercial Items 31 4 52.212-2 Evaluation – Commercial Items 32 5 52.233-2 Service Protest 32 6 52.252-5 Authorized Deviations in Provisions 32 7 1452.215-71 Use and Disclosure of Proposal Information--Department of the Interior 33 8 ET 02-20 Authorized Workers Notice to Potential Bureau of Reclamation Contractors 34 9 DIAPR 2012-05 Class Deviation - Limitation with Respect to Felony Criminal Convictions and Delinquent Tax Debts

10 WBR 1452.211-80 Notice of Intent to Acquire Metric Products and Services – Bureau of Reclamation

11 WBR 1452.225-82 Notice of World Trade Organization Government Procurement Agreement Evaluations--Bureau of Reclamation

SOLICITATION CLAUSES

1 52.252-2 Clauses Incorporated by Reference February 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):

http://www.acquisition.gov/far/ http://farsite.hill.af.mil/

Clauses Title Date

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employee of Whistleblower Rights

SEP 2013

52.204-13 System for Award Management Maintenance JUL 2013

52.217-7 Option for Increased Quantity – Separately Priced Line Item MAR 1989

52.223-3 Hazardous Material Identification and Material Safety Data Jan 1997

52.223-6 Drug-Free Workplace MAY 2001 52.228-5 Insurance-Work on a Government Installation JAN 1997 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984 52.242-13 Bankruptcy APR 1984 52.242-15 Stop – Work Order AUG 1989

(End of clause)

2 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

(DEVIATION 2015-02)

MARCH 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.

3 52.212-04 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS MAY 2015

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance.

The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.

(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 at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607- 2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

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

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in 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 of the FAR;

(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 FAR 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 Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

https://www.acquisition.gov/

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

4 52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS --

COMMERCIAL ITEMS

JANUARY 2017

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C.

4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

__ (13) [Reserved]

_X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

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

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

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

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

_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O.

13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

_X_ (48)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (49) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (50) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C.

3332).

__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

This Statement is for information only:

It is not a Wage Determination

Employee Class Monetary Wage – Fringe Benefits GS-09 Step 5 $27.58

Which can be found at the following web site: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2012/general-schedule/sac_h.pdf

_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services— Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s…