RFQ 75H70723Q00117.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

Albuquerque NM 87110 4101 Indian School Rd NE, Suite 225 Albuquerque Indian Health Service

CODE 16. ADMINISTERED BYCODE

X

X

541990

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR203

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

08/04/2023 1730 MD

07/25/2023

505-256-6755SHANDIIN DEWOLFE

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75H70723Q00117

5. SOLICITATION NUMBER

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

1 25 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Albuquerque NM 87110 4101 Indian School Rd NE, Suite 225

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19.5

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

Albuquerque Indian Health Service

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Solicitation No 75H70723Q00117 is hereby issued for Fire Safety Equipment Testing & Inspection Services at the Albuquerque Indian Health Center (AIHC) located in Albuquerque, NM, the Mescalero Service Unit (MSU) located in Mescalero, NM, and the Albuquerque Indian Dental Clinic (AIDC) located in Albuquerque, NM, for the period starting TBD, 2023 through TBD, 2024.

Responses are due August 4, 2023 by or before 5:30 pm MDT.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

25 2 of

Fire Safety Equipment Testing & Inspection Services

RFQ NO. 75H70723Q00117

-AIHC, MSU, AIDC-

SECTION 1 - SUPPLIES OR SERVICES AND PRICES/COSTS

1.1 SUPPLIES

The Indian Health Service (IHS)/Albuquerque Area Office (AAO), has a requirement for Fire Safety Equipment Testing & Inspection Services at the Albuquerque Indian Health Center (AIHC) located in Albuquerque, NM, the Mescalero Service Unit (MSU) located in Mescalero, NM, and the Albuquerque Indian Dental Clinic (AIDC) located in Albuquerque, NM, for the period starting TBD, 2023 through TBD, 2024.

1.2 PRICE OR COST

This will result in one Firm-Fixed-Price (FFP) purchase order. The prices listed in the “SCHEDULE OF CHARGES” below are expected but may not be representative of actual pricing and serve as a means of arriving at price reasonableness for award purposes. Utilization of the FFP contract has been determined to be appropriate for Fire Safety Equipment Testing & Inspection Services as the government anticipates a recurring need, but prices are subject to change.

1.3 GENERAL CONTRACT INFORMATION

1.3.1 The Contractor's price/cost for services under this contract should include all applicable taxes for Internal Revenue Service (IRS), State of New Mexico Taxation and Revenue agency and/or other revenue agencies. The Indian Health Service will not withhold taxes nor will it issue a W-2 to the contractor.

1.4 CONTRACT PRICE

1.4.1 This will result in one FFP purchase order. The total price for this contract is $TBD.

1.4.2 Upon delivery and acceptance of the item(s) specified below, the Government shall pay to the Contractor resulting from the awarded contract price.

1.4.3 The Contractor shall be paid upon submission of an invoice and completion and acceptance (if deliverable) or verification (if service) by the Contracting Officer's Representative (COR), of the deliverables and/or services indicated below. Submit invoices in accordance with the instructions contained in FAR clause 52.232-25, Prompt Payment, and Section of this contract.

SCHEDULE OF CHARGES*

Item # Period Description of Services Total Amount

CLIN 1 Base Year:

TBD/23 –

TBD/24

1. AIHC: $__________/year

2. MSU: $__________/year

3. AIDC: $__________/year

$_____________/year

CLIN 2 1ST Option Year:

TBD/24 –

TBD/25

1. AIHC: $__________/year

2. MSU: $__________/year

3. AIDC: $__________/year

$_____________/year

RFQ NO. 75H70723Q00117

-AIHC, MSU, AIDC-

CLIN 3 2nd Option Year:

TBD/25 –

TBD/26

1. AIHC: $__________/year

2. MSU: $__________/year

3. AIDC: $__________/year

$_____________/year

CLIN 4 3rd Option Year:

TBD/26 –

TBD/27

1. AIHC: $__________/year

2. MSU: $__________/year

3. AIDC: $__________/year

$_____________/year

CLIN 5 4th Option Year:

TBD/27 –

TBD/28

1. AIHC: $__________/year

2. MSU: $__________/year

3. AIDC: $__________/year

$_____________/year

GRAND TOTAL: $________________

* - Please see attached Pricing Table for a breakdown of services that are required for each location ** - Dates will be scheduled to start ASAP after a selection has been made.

SECTION 2 – SCOPE OF WORK

I. GENERAL:

A. Services:

The purpose of this contract is to provide specialized testing, inspection services and repair work to ensure that the Albuquerque Area Indian Health Service (AAIHS) facilities/buildings are in compliance with NFPA and AAAHC accreditation requirements regarding the Fire Protection systems. These services shall be performed by a Contractor having a proven history of proper qualifications, competence, experience, and performance.

The Contractor for this work shall provide all material, equipment, labor, tools, etc., to perform the required inspection of and repair work to the Fire Protection Systems as described and at the facilities located within the Albuquerque Indian Health Center (AIHC), Mescalero Service Unit (MSU), and Albuquerque Indian Dental Clinic (AIDC).

B. Location of Work:

The work is to be performed at the AIHC, 801 Vassar Dr. NE, Albuquerque, NM; MSU, 318 Abalone Loop, Mescalero, NM; and AIDC, 9169 Coors Road NW, Albuquerque, NM (located on SE corner of SIPI Campus). The required work shall be inclusive of all buildings and facilities described in this SOW.

C. Technical Requirements:

RFQ NO. 75H70723Q00117

-AIHC, MSU, AIDC-

The Contractor shall meet the technical requirements and possess the required experience as follows:

1. Have a minimum of five (5) years’ experience in the Fire Protection System industry and in the work of inspecting systems for compliance with code requirements.

2. Have performed similar type projects in scope and size within the last two (2) years.

3. Have experience in the New Mexico/Arizona/Texas/Colorado geographical area.

4. Have the ability, including equipment and personnel, to provide reports and drawings as required elsewhere in this Scope of Work (SOW) within 30 calendar days after completion of work at each facility.

D. Facility Overview and Procedures:

1. The Contractor shall attend and participate in an initial meeting with the Project/Facility Manager, Supervisory Maintenance Mechanic and Maintenance staff within two weeks from the date of Notice to Proceed (NTP) from the Contracting Office. The pre-performance meeting agenda shall include, at a minimum, a review of the specific facility’s Contractor procedures, safety and security measures, work schedule, and any required coordination.

2. The Contractor shall provide a detailed written schedule and sample report for the Service Unit at the pre-performance meeting. These documents shall be reviewed to ensure that the reporting periods meet all facility and code requirements.

3. The Contractor shall perform all work during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding Federal Holidays. Authorization other than normal work hours shall be coordinated and approved in advance with the Facility/Project Manager.

4. The scheduled work shall be coordinated with the respective Facility Maintenance Contact.

The inspections and all work are to be completed while the facilities remain in operation. The Contractor shall ensure that the services do not disrupt patient care.

5. The Contractor shall sign in and out with the Facility Maintenance office during every visit. A Contractor’s badge shall be provided to each crew member on-site and shall be worn as work is performed. Badges shall be returned at the end of the work day or at the end of the service period as determined by the Facility/Project Manager.

6. The Contractor shall adhere to all policies, standards, and requirements of the respective facility while on-site. Safety procedures shall be strictly adhered to at all times.

II. PROJECT DESCRIPTION:

The Contractor shall perform quarterly and annual inspections on the referenced systems as follows:

RFQ NO. 75H70723Q00117

-AIHC, MSU, AIDC-

A. Albuquerque Indian Health Center - Fire Sprinkler System:

1. The Contractor shall provide Riser Obstruction services every quarter or from last inspection report date in accordance to the National Fire Protection Association (NFPA) Code Number 25.

Services shall include inspection of sprinklers system risers and vertical sprinkler pipe valves in which the contractor shall inspect, remove debris and replace all worn-out and defective parts as necessary.

2. The Contractor shall test, inspect and repair the Fire Sprinkler Back Flow Preventers and Fire Hydrants annually. The Contractor shall ensure all backflow preventers within the compound operate effectively by insuring that the aqua ground water connected to the facility buildings does not allow back flow of water back into the aqua ground water. The Contractor shall ensure proper water pressure is maintained in water pipes for normal water heating and safe water drinking conditions by performing a pressure test. If parts need replacing due to wear, malfunction, inoperability, or defect, the Contractor shall notify the Facility Maintenance and repair the system.

3. The Contractor shall examine, inspect, tag and date all fire extinguishers annually. The Contractor shall replace all faulty fire extinguishers and shall issue certification that all are in excellent working condition. Hydrostatic testing and re-charging shall be done as needed.

Loaner extinguishers shall be provided until the facility’s original extinguishers can be returned and placed in their original location.

B. Mescalero Service Unit – Fire Sprinkler System:

1. The Contractor shall provide Riser Obstruction services every quarter or from last inspection report date in accordance to the National Fire Protection Association (NFPA) Code Number 25.

Services shall include inspection of sprinklers system risers and vertical sprinkler pipe valves in which the contractor shall inspect, remove debris and replace all worn-out /defective parts as necessary.

2. The Contractor shall examine, inspect, tag and date all fire extinguishers annually. The Contractor shall replace all faulty fire extinguishers and shall issue certification that all are in excellent working condition. Hydrostatic testing and re-charging shall be done as needed.

Loaner extinguishers shall be provided until the clinic’s original extinguishers can be returned and placed in their original location.

3. The Contractor shall test, inspect and repair, if necessary, the MSU Kitchen Hood Protection System (Wet Chemical Fire Control) semi-annually per NFPA Code Number 96. Services shall include inspection of Kitchen Hoods to ensure that no vapors are released into others areas of the building and the kitchen hood ventilations operate properly by letting vapors into the outside air. The Contractor shall repair and/or replace the system as necessary to ensure operation follows the applicable codes.

C. Mescalero Government Quarters – Extinguishers:

RFQ NO. 75H70723Q00117

-AIHC, MSU, AIDC-

1. The Contractor shall examine, inspect, tag and date all fire extinguishers annually. The Contractor shall replace all faulty fire extinguishers and shall issue certification that all are in excellent working condition.

D. Albuquerque Indian Dental Clinic - Fire System:

1. The Contractor shall test, inspect and repair, if necessary, the Fire Sprinkler Back Flow Preventers annually. The Contractor shall ensure all backflow preventers within the compound operate effectively by insuring that the aqua ground water connected to the facility buildings does not allow back flow of water back into the aqua ground water. The Contractor shall ensure proper water pressure is maintained in water pipes for normal water heating and safe water drinking conditions by performing a pressure test. If parts need replacing due to wear, malfunction, inoperability, or defect, the Contractor shall notify the Facility Maintenance and repair the system.

2. The Contractor shall examine, inspect, tag and date all fire extinguishers annually. The Contractor shall replace all faulty fire extinguishers and shall issue certification that all are in excellent working condition. Hydrostatic testing and re-charging shall be done as needed.

Loaner extinguishers shall be provided until the facility’s original extinguishers can be returned and placed in their original location.

III. Deliverables:

The Contractor shall provide the following reports for each location and each site visit:

A. Service Orders:

1. The Contactor shall provide service reports or work orders for certification that satisfactory services have been received in accordance with the scope of work and as required by NFPA.

B. Inspection Reports:

1. The Contractor shall provide written detailed inspection reports of every site visit and every service procedure performed. This shall include, at a minimum, date of performance, name of Technician, location, test results, all repairs, deficiencies discovered, problems and comments on overall condition of fire protection System.

Wage Determination #2015-5443, Revision #19, dated 12/26/22 is hereby incorporated.

Fire Safety Equipment Testing & Inspection Services

SOLICITATION NO. RFQ_23_UMUHC_001

-Southern Colorado Ute Service Unit-

SECTION 3 - INSPECTION AND ACCEPTANCE

3.1 INSPECTION AND ACCEPTANCE: All work under this contract is subject to inspection and final acceptance by the Contracting Officer or the duly authorized representative of the government. The COR, as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the Contractor's performance, evaluating the quality of services provided by the Contractor and performing final inspection and acceptance of all deliverables and services called for by the contract.

3.2 FEDERAL ACQUISITION REGULATION {48 CFR CHAPTER 1) CLAUSES

FAR Clause No. Title Date 52.246-4 Inspection of Services – Fixed Priced (Aug 1996)

SOLICITATION NO. RFQ_23_UMUHC_001

-Southern Colorado Ute Service Unit-

SECTION 4.0 QUALITY ASSURANCE SURVEILLANCE PLAN

Performance- Based Task

Indicator Standard Quality Assurance

Incentives

1. Provide fire equipment testing quarterly.

All requirements are being met during each visit.

Outstanding – 100% of testing services are being completed per visit.

Acceptable – 80 to 99% of testing services are being completed per visit.

Satisfactory – 65 to 80% of testing services are being completed per visit.

Monitored on a periodic basis when services occur.

Final determination will happen when job is completed.

Outstanding. Means there are no issues so payments processed promptly.

Acceptable. Means there are some issues so payment are on hold until issues cleared.

Satisfactory – Means there are too many issues and payment not processed until they are at the level of either Satisfactory or Outstanding.

2. Provide fire extinguisher inspection annually.

All requirements are being met during each visit.

Outstanding – 100% of inspection services are being completed per visit.

Acceptable – 80 to 99% of inspection services are being completed per visit.

Satisfactory – 65 to 80% of inspection services are being completed per visit.

Monitored on a periodic basis when services occur.

Final determination will happen when job is completed.

Outstanding. Means there are no issues so payments processed promptly.

Acceptable. Means there are some issues so payment are on hold until issues cleared.

Satisfactory – Means there are too many issues and payment not processed until they are at the level of either Satisfactory or Outstanding.

SOLICITATION NO. RFQ_23_UMUHC_001

-Southern Colorado Ute Service Unit-

SECTION 5 – DELIVERY (if necessary)

5.1 DELIVER TO:

Albuquerque Indian Health Clinic 801 Vassar Drive NE Albuquerque, NM 87106

Mescalero Service Unit 318 Abalone Loop Mescalero, NM 88340

Albuquerque Indian Dental Clinic (located on SE corner of SIPI Campus) 9169 Coors Road NW Albuquerque, NM 87120

SECTION 6 - DELIVERIES OR PERFORMANCE

6.1 PERIOD OF PERFORMANCE: The period of performance is a base year with four option years, if extended by modification to this contract. The Government may exercise options to extend the period of performance in accordance with FAR Clause 52.217-9 - Option to Extend the Term of the Contract (Mar 2000); upon written notification by the Contracting Officer within 60 days of contract expiration.

6.1.1 The POP will start as soon as possible, as follows:

Base Year: TBD/23 – TBD/24 1st Option Year: TBD/24 – TBD/25 2nd Option Year: TBD/25 – TBD/26 3rd Option Year: TBD/26 – TBD/27 4th Option Year: TBD/27 – TBD/28

6.1.2 Performance will be for the period of TBD/23 to TBD/24 unless the period changed by written modification to the purchase order in accordance with FAR 52.217-9, Option to Extend the Term of the Contract.

6.1.3 Contract period renewal is dependent on satisfactory services provided availability of funds for the appropriate fiscal year, and existing requirements.

6.2 PLACE OF PERFORMANCE: The contractor will provide Fire Safety Equipment Testing & Inspection Services to the following Albuquerque Area Indian Health Service Facilities:

6.2.1 1.) Albuquerque Indian Health Clinic 801 Vassar Drive NE Albuquerque, NM 87106

2.) Mescalero Service Unit 318 Abalone Loop

Mescalero, NM 88340

3.) Albuquerque Indian Dental Clinic (located on SE corner of SIPI Campus) 9169 Coors Road NW

SOLICITATION NO. RFQ_23_UMUHC_001

-Southern Colorado Ute Service Unit-

Albuquerque, NM 87120

6.3 GOVERNMENT HOLIDAYS (https://www.federalpay.org/holidays)

New Year's Day Martin Luther King's Birthday President's Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day

*Any other day specifically declared by the President of the United States to be a national holiday (see www .opm.gov/fedhol).

SECTION 7 - CONTRACT ADMINISTRATION

7.1 AUTHORITIES OF GOVERNMENT PERSONNEL: Notwithstanding the Contractor's responsibility for total management during the performance of this Contract, the administration of the Contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government's points of contact during the performance of this Contract.

7.2 CONTRACTING OFFICER

The IHS Contracting Officer (CO) is the only individual authorized to modify this Contract. The CO responsible for administrative and contractual issues concerning this Contract is:

Shandiin DeWolfe, (CO) Indian Health Service/Division of Contracts & Grants Management (DCGM) 4101 Indian School Road NE, Suite 225 Albuquerque, NM 87110 Phone: 505-256-6755 Email: Shandiin.DeWolfe@ihs.gov

Send all communications pertaining to contractual and/or administrative matters to the address above and to the Contract Specialist administering this Contract.

7.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

7.3.1 TBD, (xxx)xxx-xxxx, TBD@ihs.gov, is hereby designated as COR for this service. The COR responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The COR does not have the authority to change or alter the order amount, terms and conditions.

7.3.2 The COR and Alternate’s responsibilities will include ensuring contractor accountability. Monitoring the Contractor’s technical progress including the surveillance and assessment of performance and recommending to the CO changes in requirements. Interpreting the PWS. Performing technical evaluations as required. Perform technical inspection and acceptance as required. Assisting the Contractor in the resolution of technical problems encountered during performance. Perform receiving and processing invoices for payment.

SOLICITATION NO. RFQ_23_UMUHC_001

-Southern Colorado Ute Service Unit-

7.4 INVOICE SUBMISSION

PROPER INVOICE:

The Contractor shall submit invoices as needed. Advance payments will not be issued by Finance unless stated herein. Invoices shall be submitted in accordance with the contract terms, i.e., payment schedule, progress payments, partial payments, deliverables, etc. All information set forth in FAR 32.905(b), Content of Invoices, must be included in all invoices for it to constitute a proper invoice. Additionally, the Contractor is required to include its UEI number.

A complete invoice with all required back-up documentation shall be uploaded electronically*:

a. Albuquerque Finance: https://www.ipp.gov

*Do not send to the CS or Finance Office any other invoices related documents (i.e. deliverables, reports, and balance statements) to the Buyer or Albuquerque Finance. Failure to submit required documents directly to the website as listed above will delay prompt payment of your invoice.

Submit invoices in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

All information set forth in FAR 32.905(b), Content of Invoices, must be included in all invoices for it to constitute a proper invoice.

FAR 32.905(b), Content of Invoices:

(b) Content of invoices.

(1) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services):

(i) Name and address of the contractor.

(ii) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of landing number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.)

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

https://www.ipp.gov/

SOLICITATION NO. RFQ_23_UMUHC_001

-Southern Colorado Ute Service Unit-

(A) The contractor must include EFT banking information on the invoice only if required by agency procedures.

(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 must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), 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.

(x) Any other information or documentation required by the contract (e.g., evidence of shipment).

(2) An interim payment request under a cost-reimbursement contract for services constitutes a proper invoice for purposes of this subsection if it includes all of the information required by the contract.

(3) If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt (3 days on contracts for meat, meat food products, or fish; 5 days on contracts for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. If such notice is not timely, then the designated billing office must adjust the due date for the purpose of determining an interest penalty, if any.

(4) Per the Accounts Payable office, failure to submit invoices to the IPP Website can result in delayed payment of your invoice.

In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this contract will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer.

SECTION 8 - SPECIAL CONTRACT REQUIREMENTS

NOT APPLICABLE

SECTION 9 - FEDERAL ACQUISITION REGULATIONS (FAR) 48 CFR CHAPTER CLAUSES

9.1 CLAUSES INCORPORATED BY REFERENCE - FAR 52.252-2 (FEB 1998)

This Contract incorporates FAR provisions/clauses referenced, 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. The full text of a clause accessed electronically at this website address: FAR - https://www.acguisition.gov/far/index.html.

FAR

Clause Title Date

52.203-3 Gratuities Apr 1984 52.203-5 Covenant against Contingent Fees May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government Sep 2006 52.203-7 Anti-Kickback Procedures May 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper

Activity May 2014

SOLICITATION NO. RFQ_23_UMUHC_001

-Southern Colorado Ute Service Unit-

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011 52.204-9 Personal identity Verification of Contractor Personnel Jan 2011 52.204-27 Prohibition on a ByteDance Covered Application Jun 2023 52.217-8 Option to Extend Service Nov 1999 52.217-9 Option to Extend Term of the Contract Mar 2000 52.222-17 Non-displacement of Qualified Workers May 2014 52.223-6 Drug-Free Workplace May 2001 52.224-1 Privacy Act Notification Apr 1984 52.224-2 Privacy Act Apr 1984 52.229-3 Federal, State, and Local Taxes Feb 2013 52.232-11 Extras Apr 1984 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013 52 .233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.237-3 Continuity of Services Jan 1991 52.239-1 Privacy or Security Safeguards Aug 1996 52.242-13 Bankruptcy Jul 1995 52.242-15 Stop-Work Order Aug 1989 52.245-1 Government Property Jan 2017 52.249-8 Default (Fixed-Price Supply and Service) Apr 1984 52.253-1 Computer Generated Forms Jan 1991

Following Clauses in Full Text:

9.2 52.212-4 - CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (DEC 2022)

(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 re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance 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 Government-wide 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

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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.—

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(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;

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(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.

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(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.

9.3 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (JUN 2023)

(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:

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(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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:

(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).

X (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.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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).

(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 (Oct 2018) (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.

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__ (13) [Reserved]

(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.

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)) __ (ii) Alternate I (Jan 2017) 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 (Aug 2018) of 52.219-9

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

(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting 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. 657f).

__ (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)).

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

__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).

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

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

__ (ii) Alternate I (Feb 1999) of 52.222-26.

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

__ (ii) Alternate I (July 2014) of 52.222-35.

__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)…