RFQ - 36C78621Q0252.docx

36C78621Q0252

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

08-18-2021 Brian Werner 303-914-2960 08-31-2021 1pm

MDT

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172

X

561730 $8 Million

N/A

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

1-877-752-0900

See CONTINUATION Page

Ft. Sam Houston National Cemetery Headstone Setting Service

Estimated Period of Performance:

Base Year: 10/01/2021 - 09/30/2022 Option Year 1: 10/01/2022 - 09/30/2023

Option Year 2: 10/01/2023 - 09/30/2024 Option Year 3: 10/01/2024 - 09/30/2025

Option Year 4: 10/01/2025 - 09/30/2026

U.S. Dept. of Labor Wage Determination # 2015-5253, Rev 14 is applicable to this acquisition.

Questions pertaining to this solicitation must be sent to

Brian.werner2@va.gov and received by 1pm MT on 8/25/21 Answers will be provided via solicitation amendment on 8/27/21

See CONTINUATION Page

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

Name/Title:

Phone:

Email:

Business Address:

DUNS #:

b. GOVERNMENT:

Contract Specialist Brian Werner, brian.werner2@va.gov Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

http://www.tungsten-network.com/customer-campaigns/veterans-affairs/

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Statement of Work

HEADSTONE INITIAL AND REPLACEMENT SETTING

WORK OVERVIEW. This section outlines the requirements for upright headstone initial and replacement setting, aligning, backfilling, and compacting. (The term “headstone” shall hereafter refer to both upright and flat if not specified.) The Contractor shall provide all supervision, professional advice/guidance, labor, parts, materials, equipment, and personnel to provide the services defined herein.

RECORD KEEPING AND REPORTING. The Contractor’s Superintendent or his designee shall provide the COR with daily written reports, no later than 2:30 pm each workday, accurately identifying all headstones set and replaced listed by deceased names and headstone numbers for each gravesite location. The COR has the responsibility to verify accuracy of monument placement and correct installation prior to 3:30pm each workday. Comment by David, Aubrey: Added due to COR tour of duty Comment by David, Aubrey: Added due to COR tour of duty

GENERAL SPECIFICATIONS

The type of headstones to be used shall be determined by the COR through direction of the National Cemetery Administration and in accordance with the general plan of the cemetery.

Headstones are received at the Cemetery on a continuous basis. The Contractor is required to set all initial and replacement headstones within ten (10) calendar days after notification from the COR. This time frame must be met regardless of the quantity or type of installations requested. All headstones received during the winter months must be set, except when weather conditions do not allow access to the gravesite. Jackhammers or other mechanical means shall be used during frozen ground conditions. Contractor shall contact the COR with questions concerning accessibility.

The responsibility for ordering new or replacement headstones, checking for proper wording and initial inspection for damages shall be that of the COR or his authorized representative.

Cemetery personnel shall uncrate all headstones received, inspect them, and then notify the Contractor for installation.

The Contractor shall remove any glue or crating material from the headstones that may adhere to the surface.

Headstones shall be protected to avoid damage or staining during transportation, staging, and setting. Headstones shall be separated by cardboard when stacked. If there is breakage or damage in any form due to the Contractor’s handling or negligence, the cost for replacement shall be borne by the Contractor.

The COR shall designate a suitable area for storage of the stones at the cemetery.

Temporary grave [identification] markers shall be reinstalled no more than 24 inches off and centered on the gravesite during headstone installation so as to be out of the way of the installation operation but still provide identification of the gravesite. Set the temporary markers securely in the ground, with consistent height within sections. The top of upright metal holders should be approximately 10” above ground. Upon completion of installation, the Contractor shall remove and collect the temporary marker(s) and provide to the COR at 3:00 pm that day.

All floral, commemorative, or other type of decorations (arrangements) causing interference with the setting of upright headstones shall be carefully, and in an orderly manner, moved during the installation and moved back to all gravesites upon completion by the Contractor. Prior to removal, the Contractor shall verify the numbering sequence and location of the headstone and associated decorations or vases.

Prior to starting work in each new initial burial section, coordinate the correct permanent gravesite control markers and the required gravesite row/gravesite spacing layout dimensions with the COR.

Prior to setting any headstone or removing any upright headstone from their sockets, Contractor shall verify the correct location based upon the headstone numbers of the adjacent headstones (front, back, and both sides) per the current gravesite layout map, as provided by the COR, to ensure the correct headstone/maker is being set on the correct gravesite.

Trees or shrubs obstructing headstones shall be noted and the COR notified for determination of remedial action or modification for installation.

The Contractor shall restore all damage caused during performance of this work. Repairs shall be completed by the Contractor within fourteen (14) workdays, unless otherwise agreed to with the COR.

Any upright headstones broken or damaged by the Contractor shall be reported to the Cemetery Administrator or COR before close of business each working day in order that the grave can be properly marked. The Contractor shall be responsible for the cost of the headstone replacement. All headstone replacements must be coordinated with the COR.

Any grid or sectional monuments disturbed, displaced or broken shall be replaced by the Contractor at his cost. All grid or sectional monuments disturbed, etc., shall be properly reset by a licensed land surveyor at Contractor’s expense.

Curbs, roads, walks, turf, trees, utilities, etc. existing above and below the ground that are damaged or disturbed by the contractor during performance of contract work shall be repaired at the expense of the contractor. The Contractor shall report on his/her weekly inspection report to the COR the following:

Number of initial headstones installed and what section ______Upright, ________Section(s).

Number of replacement headstones installed and what section ______Upright, ______Flat, ________Section(s);

The COR will verify the correct placement of each headstone installed and/or raised and realigned by the Contractor.

HEADSTONE SETTING

Standard upright headstones are approximately 42 inches long, 13 inches wide, and 4 inches thick and weigh approximately 230 pounds. Headstones may vary in size and weight depending on their age with regard to the production date.

Prior to starting work in each burial section, coordinate the correct permanent gravesite control markers and the required gravesite row/gravesite spacing layout dimensions with the COR. Headstones shall be accurately adjusted and precisely installed on the correct gravesites by utilizing grave plotting maps (“layout” maps), existing permanent gravesite control markers and/or temporary gravesite control markers (must be accurately and precisely installed) at the ends of each gravesite row.

Headstones for individual graves shall be erected on the centerline at the head of the grave with the inscription facing the grave. They shall be set plumb, in a line laterally, transversely, and diagonally with the headstones of other graves within the section. All headstones shall be set using a top string line, a face of headstone string line, a side of headstone string line and a transverse string line for proper alignment.

All measurements and string line set-ups shall be taken from established section gravesite control markers, not from previously set headstones, unless otherwise directed by the COR. All measurements shall be made in ascending grave number order.

At the start of work in each burial section, the first row of initial headstones in a burial section is to be inspected by COR for appearance, spacing, depth, alignment, plumb, height, accuracy, and smoothness in grade transition. No further setting of headstones shall be done until this first row has been inspected and accepted by the COR. It is the Contractors responsibility to notify the COR 24 hours in advance of when each of these inspections will be needed.

The normal heights of 25 inches above finish grade for upright headstones are the current standard height settings. Minor deviations in this standard height are permissible only to provide a uniform appearance in the top line in order to compensate for slight ground rises or depressions within a burial section. In irregular terrain where sloping and uneven ground conditions exist, all headstones and markers shall be set at proper heights and levels to provide a flowing transition through uneven terrain. In new initial burial sections where no turf is present, headstones shall be set at a height that allows for normal heights of 25 inches for upright headstones after topsoil, seed or sod is applied. Headstone height in new burial sections shall be determined by the COR.

Initial and replacement headstones in old sections of the cemetery where such stones were not or cannot be set at the standard height of 25 inches shall be set at the same distance above the ground as the adjacent headstones provided they can be set with the inscription above ground level.

Headstones may be removed from their sockets using wooden and/or metal clamps. If metal clamps are used, the area that contacts the headstone must be protected with a rigid fabric that shall prevent damage to and marking of the headstone. Clamps may be attached to a skid steer loader (i.e. Bobcat®) or similar machine to extract the headstone from the socket. Headstones shall be lifted and transported or set by at least two (2) people unless special one-person devices are approved. Contractor personnel shall use only tools and methods approved by the Contracting Officer Representative (COR) to lift and move headstones out of the ground; pickaxes are not an acceptable tool.

WHEN HEADSTONES ARE REMOVED FROM THEIR SOCKETS, THEY SHALL BE CAREFULLY STORED ON EACH ASSOCIATED GRAVESITE. Use care not to scratch or damage headstones in any manner. Once headstones are removed from the socket, do not place on dirt piles or mud; they should be protected from damage, soiling, or staining. Contractor shall be responsible for replacing damaged headstones and restoring all damages caused to turf during performance of this work. Each stone shall be placed so as to rest on its bottom edge and leaning against a substantial support at a safe and stable angle with the front inscription side up. The headstone shall be protected from direct ground contact while lying horizontally. The protection method shall be approved by the COR and shall be deterioration resistant. One example of an approved method is to support each headstone with two (2) pieces of 4x4 lumber. Alternate methods may be submitted for COR review. Cardboard shall not be used.

SOCKET EXCAVATION

Upright Headstones: Sockets shall be dug with a three (3) inch clearance at the front, back, sides and underneath the headstone. Headstone sockets shall be dug to the required depth to meet the height and alignment requirements as specified in paragraph 1.4.7. See Exhibit A.

UPRIGHT HEADSTONE INSTALLATION, BACKFILL, AND COMPACTION

All headstone sockets shall be clean and free of loose dirt and debris prior to adding Crushed Rock Base Material.

Moistened Crushed Rock Base Material shall be added and heavily tamped to 90% to 95% compaction in the bottom of the sockets to provide a minimum three (3) inch footing under the base of the headstone prior to the re-installation of the headstones. Moistened Crushed Rock Base Material shall be placed around all four sides of the headstones and compacted, providing for a minimum fourteen (14) inches depth of Crushed Rock Base Material along the sides of the headstone as measured from the bottom of the headstone. Typically, there should be three (3) inches of space remaining from the top of the compacted Crushed Rock Base Material to the ground surface to allow tamped topsoil and grass seed to be applied, to match surrounding landscaping. The actual measurement shall vary depending on the how much the headstone was raised or lowered and will be approved by the COR.

Crushed Rock Base Material Specifications:

Crushed Rock shall be composed of limestone, granite, dolomite, or any other hard, sound rock that is produced by blasting and then crushing.

Crushed Rock shall be clean, hard, tough, and durable fragments (excluding) schist, shale or slate) of uniform quality throughout and free of any detrimental quantities of soft, friable, thin, elongated or laminated pieces, disintegrated material, dirt, organic matter, oil, alkali, or other deleterious substance.

Crushed Rock shall consist of hard durable fragments of particles of rock, free of stripping dirt, vegetation, and other foreign substances.

Hardness: Resistant to breaking, crushing or crumbling.

Shape: Sharp and angular (Do not use rounded pea gravel.)

Gravel or Crushed Gravel mixed with filler, sand, crushed rock, or crushed stone is NOT an acceptable substitute.

Crushed Rock shall consist of the product obtained by crushing rock or stone so that is meets the following graduation requirements:

Sieve Size % Passing

The gradation of crushed rock shall comply with ASTM D-448. Sampling and sieve analysis shall be performed in accordance with ASTM D-75 and ASTM C-136.

Compaction of Crushed Rock Base Material:

The Crushed Rock Base Material shall be compacted in lifts not exceeding 1-1/2” in thickness. Before compaction, moisten or aerate each layer as necessary to provide optimum moisture content. If the fines are dry at the time of compaction, use a very fine mist type hose and spray the Base Material sparingly. The moisture content of the material during placing operations shall be within ± 2% of the optimum moisture content as determined by ASTM D 1557. Compact each layer to 90% to 95% relative density. Do not perform compaction operations on excessively wetted soils.

Tamping Tools: Shall be approved by COR prior to use. Tamping tools shall have sufficient impact area and weight to achieve 90% to 95% compaction of the Crushed Rock Base Material. Tamping tools made of wood or containing wood are not acceptable.

Existing headstone sockets that exceed the correct depth requirements shall be filled with sufficient Moistened Crushed Rock Base Material and compacted per the requirements of paragraph 1.4.15 to achieve the correct final depth. All headstone sockets shall be clean and free of loose dirt and debris prior to adding Crushed Rock Base Material. After filling in the deep sockets in this manner, proceed with requirements in paragraphs 1.4.12 or 1.4.13 for completing the headstone installation.

In cases where headstone sockets need to be realigned/shifted, and/or re-dug, apply the following procedures:

After removal of the headstone, backfill and compact the existing socket prior to digging the new socket. Backfill the existing socket with Moistened Crushed Rock Base Material. Thoroughly tamp to 90% to 95% compaction at each 1-1/2” inch vertical intervals (1-1/2” inch lifts), leaving the last 3 inches at the top to have tamped topsoil and grass seed applied.

Contractor shall dig/excavate the new socket in accordance with the requirements in paragraph 1.4.13.

All headstone sockets shall be clean and free of loose dirt and debris prior to adding Crushed Rock Base Material.

The mean (or average) topsoil level shall be determined for the entire section to be aligned in all directions and approved by the COR. The Contractor shall use the mean (or average) topsoil level to allow all of the headstones in the section to be aligned vertically without having drastic changes in headstone heights (several inches) between the rows and columns of headstones in ALL directions. In irregular terrain where sloping and uneven ground conditions exist, all headstones and markers will be set at the proper height and overall level necessary to provide a smooth, flowing transition between ALL headstones in ALL directions through uneven terrain. The Contractor shall take the adjoining sections and/or terrain into consideration when determining the mean topsoil levels. IMPORTANT: To meet the requirement of a smooth, flowing transition, the Contractor may be required to set the headstones at a height other than at the required 25 inches, respectively, with approval by the COR. See Exhibits C.

Specific headstones in each burial section shall be chosen and designated to be “Key” stones (keystones) for use throughout the headstone setting process. See Exhibits B. All keystones are to be vertically plumbed and aligned by leveling the front, back, and sides while raising or lowering the headstone as necessary to achieve a height of 25 inches for upright headstones. These keystones are headstones that are visibly in line with the majority of the rest of the headstones in both the rows and the columns and are as close as possible to the proper measurements for that particular section of headstones. Keystones shall be at a maximum spacing of every 10th headstone or at a more frequent spacing as required in areas of sloped or rolling terrain in order to achieve a flowing transition between the rows and columns.

Install heavy string lines along the front, sides, tops, and transversely of all applicable Keystones. The string lines shall be laid out to the correct dimensions as determined by Keystones and the requirements of paragraphs 1.4.3, 1.4.4, and 1.4.5 such that the rows and columns are evenly spaced. All headstones shall be vertically plumbed and aligned by leveling the front, back, and sides while raising or lowering the headstone as required to achieve a height of 25 inches for upright headstones. IMPORTANT: To meet the requirement of a smooth, flowing transition, the Contractor may be required to set the headstone at a height other than at the required 25 inches, respectively, with approval by the COR. These measurements shall be adhered to as closely as possible and may be adjusted to suit unique site conditions with approval by the COR. See Exhibits C.

All remaining headstones in the rows, columns, and transverse directions are then aligned along the string lines front to back, side-to-side, transversely, and match the required row and column spacing for the section. All remaining headstones are to be vertically plumbed and aligned by leveling the front, back, and sides while raising or lowering the headstone as required to achieve a height of 25 inches, respectively, topsoil level. See Exhibits C. The installation, adjusting, and setting of the remaining headstones shall meet all requirements of this contract.

A plus/minus (+/-) 1/8-inch maximum tolerance shall be maintained in the vertical (i.e. height string line), lateral (i.e. parallel and perpendicular string lines), and transverse (i.e. diagonal string lines) directions in accordance with the dimensional requirements of paragraphs 1.4.3, 1.4.4, and 1.4.5. The alignment of the headstones should be checked frequently during this process because the tamping of the headstones may move the headstone out of level or off the mark on the line.

Headstones shall be installed to within one degree of fully vertical (plumb) when measured on front and sides using a digital level.

The completed set headstones shall be anchored firmly in place so that the headstones are rigid with no give or play regardless of the soil and terrain conditions. All headstones shall be firmly set and anchored in place with no movement from forces subjected by the COR.

The measurements between rows or columns of headstones and between the headstones within each row or column may differ from one gravesite section to the next. This condition is to be discussed with COR where this is found to occur. Some variances may be allowed by the COR in order to keep a uniform appearance of headstones being aligned.

Headstones set shall be clean of all dirt, handprints, etc. by the close of the work day. Cleaning techniques shall demonstrate a clear understanding of, and the sensitivity to, such environmental issues as ground water contamination, wetlands, etc., and shall be consistent and fully compliant with all applicable OSHA, Federal, State, and County laws, ordinances and regulations. Contractor is responsible for contacting the local/state agencies to determine what ordinances, rules and regulations are applicable. Clean water shall be used to clean headstones. Cleaning techniques with water shall include high pressure spraying, scrubbing and/or rinsing. When water under pressure is used, such pressure shall not be greater than 600 psi. Excessive soil may be removed with plain water and a stiff brush (no wire brushes, bleach, or abrasive cleaners shall be permitted) followed by rinsing with clear water. If water used in cleaning should soften the soil around the base of the headstone so that the headstone is loose, care shall be taken not to tip the headstone out of plum or alignment. Care shall be taken to protect the turf area from damage. Any turf damaged by the Contractor shall be restored at Contractor’s expense.

Any headstones broken or damaged by the Contractor shall be reported to the COR or the Cemetery Director before close of business each working day in order that the grave can be properly marked. The Contractor shall be responsible for the cost of the headstone replacement. The cost of the replacement headstone(s) will be deducted from Contractor’s invoice(s). All headstone replacements must be coordinated with the COR. Any existing permanent gravesite control markers, temporary contractor installed control markers, grid or sectional monuments that are disturbed, displaced, or broken shall be replaced and properly reset by a licensed surveyor at the Contractor’s expense. Curbs, roads, walks, turf, trees, utilities, etc. existing above and below the ground that are damaged or disturbed by the Contractor during performance of contract work shall be repaired at the Contractor’s expense. The requirements of this paragraph shall be completed by the Contractor within fourteen (14) workdays, unless otherwise agreed to by the COR.

Government-furnished headstones that are permanently removed from a grave for any purpose shall be transported by the Contractor to an approved location on Cemetery grounds.

TURFGRASS RE-ESTABLISHMENT: All ground surface areas that are disturbed where headstone installation or replacement has occurred shall have turfgrass re-established by the Cemetery

Upright Headstone Installation Details

Plan View – Upright Headstone Burial Section Layout

Elevation View – Upright Headstone Burial Section Vertical Alignment

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Set Initial Headstone PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: S208 - Housekeeping - Landscaping/Groundskeeping

Set Replacement Headstone

Base Year Subtotal:

Set Initial Headstone

Set Replacement Headstone

Option Year 1 Subtotal:

Set Initial Headstone

Set Replacement Headstone

Option Year 2 Subtotal:

Set Initial Headstone

Set Replacement Headstone

Option Year 3 Subtotal:

Set Initial Headstone

Set Replacement Headstone

Option year 4 Subtotal:

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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, 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 line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

(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) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through 9/30/2026.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a Requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after .

(End of Clause)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with…