Dental Hygientist.PDF

RFQP01171100023 Page 1 of 18

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1 REQUISITION NUMBER OMB Clearance Control Number:

1103-0018

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5 SOLICITATION NUMBER

RFQP01171100023

6. SOLICITATION ISSUE

DATE

06/10/2011

7. FOR SOLICITATION

INFORMATION CALL:

a NAME

Melissa Rutherford

b. TELEPHONE NUMBER (No collect calls)

276-546-9144

8. OFFER DUE DATE / LOCAL

TIME

07/08/201114:00:00

9. ISSUED BY CODE

Federal Bureau of Prisons USP Lee

PO BOX 900

JONES VILLE, VA 24263

LEE 10 THE ACQUISITION IS

UNRESTRICTED OR

NAICS: 621210

SIZE STANDARD: DOI

SET ASIDE: % FOR

SMALL BUSINESS EMERGING SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN 8(A)

OWNED SMALL BUSINESS

X

X

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE

SCHEDULE

12 DISCOUNT TERMS

NET 30

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

11RF0 IFB x RFP

15. DELIVER TO CODE

Federal Bureau of Prisons USP Lee Lee County Industrial Park/Hickory Flats Road Pennington Gap, VA 24277

LEE 16. ADMINISTERED BY CODE

Federal Bureau of Prisons USP Lee

PO BOX 900

JONESVILLE, VA 24263

LEE

17a. CONTRACTOR/

OFFEROR

TELEPHONE

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

Federal Bureau of Prisons Attn: Accounting USP Lee P.O. Box 900

JONESVILLE, VA 24263

I LEE

NO

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

OFFER

18b. SUBMIT INVOICE T ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED SEE ADDENDUM

• 19.

ITEM NO.

.• 20.

SCHEDULE OF SUPPLIES/SERVICES

23.

UNIT PRICE

24.

AMOUNT

Dental Hygienist services to be rendered in accordance with the Statement of Work and the attached terms and conditions.

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets a y N man, 25 ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27A. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED, ADDENDA 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA fl

ARE

ARE

flARE NOT ATTACHED flARE NOT ATTACHED

I28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

TERMS AND CONDITIONS SPECIFIED HEREIN.

RETURN COPIES TO

FORTH

THE

29. AWARD OF CONTRACT: REF.

I YOUR OFFER ON SOLICITATION

CHANGES WHICH ARE SET FORTH

OFFER DATED

(BLOCK 5) NCLUDING

HEREIN IS ACCEPTED

ANY ADDITIONS OR

AS TO ITEMS:DELIVER ALL ITEMS SET

SHEETS SUBJECT TO

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. U TED ST TES OF CA (SIGNA

UR C CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b NAME F THE CONTRACTING OFFICER YPE OR PRINT)

Melissa Rutherford

31c. DATE SIGNED •

06/10/2011

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV. 3/2005)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.21.2

RFQP01171100023 Page 2 of 18

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

a. QUANTITY N COLUMN 21 HA

0 RECEIVED 0 INSPECTED 0 ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b.SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32dPRINTED NAME AND TITLE OF AUTHORIZED

GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE OPARTIAL FINAL

37. CHECK NUMBER

PARTIAL I PINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 3/2005) BACK

RFQP01171100023 Page 3 of 18

Table of Contents

Section Description Page Number

52.241-8 Change in Rates or Terms and Conditions of Service for Unregulated Services (Feb 1995). 12

RFQP01171100023 Page 4 of 18

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Dental Hygienist services to be rendered in accordance with the terms and conditions and the attached Statement of Work.

1,560.000000 EA $ $

RFC1P01171100023 Page 5 of 18

Section 3 - Contract Clauses

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

Upon

This contract electronically incorporates one or more request, the Contracting Officer at this/these address(es):

clauses by reference, with the same force and effect as if they were given in full text.

will make their full text available. Also, the full text of a clause may be accessed www.arnet.gov/far

Clause Title

52.250-5 SAFETY Act -- Equitable Adjustment. (Feb 2009)

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

52.249-1 Termination for Convenience of the Government (Fixed Pricq(Short Form) (Apr 1984)

52.246-4 Inspection of Services--Fixed-Price (Aug 1996)

52.246-11 Higher-Level Contract Quality Requirement (Feb 1999)

52.246-1 Contractor Inspection Requirements (Apr 1984)

52.244-6 Subcontracts for Commercial Items (Dec 2010)

52.243-5 Changes and Changed Conditions (Apr 1984)

52.243-1 Changes--Fixed Price (Aug 1987)

52.241-4 Change in Class of Service (Feb 1995)

52.237-7 Indemnification and Medical Liability Insurance (Jan 1997)

52.236-8 Other Contracts (Apr 1984)

52.236-7 Permits and Responsibilities (Nov 1991)

52.236-5 Material and Workmanship (Apr 1984)

52.236-13 Alt I Accident Prevention (Nov 1991)- Alternate I (Nov 1991)

52.236-13 Accident Prevention (Nov 1991)

52.236-12 Cleaning Up (Apr 1984)

52.236-11 Use and Possession Prior to Completion (Apr 1984)

52.236-10 Operations and Storage Areas (Apr 1984)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.233-3 Protest after Award (Aug 1996)

52.233-1 Alt I Disputes (July 2002)- Alternate I (Dec 1991)

52.233-1 Disputes (July 2002)

RFQP01171100023 Page 6 of 18

Clause 'Title

52.232-30 Installment Payments for Commercial Items (Oct 1995)

52.232-25 Prompt Payment (Oct 2008)

52.232-24 Prohibition of Assignment of Claims (Jan 1986)

52.232-23 Alt I Assignment of Claims (Jan 1986)- Alternate I (Apr 1984)

52.232-23 Assignment Of Claims (Jan 1986)

52.232-17 Interest (Oct 2010)

52.227-1 Authorization and Consent (Dec 2007)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008) .

52.223-18 Contractor Policy to Ban Text Messaging While Driving (Sep 2010)

52.222-50 Combating Trafficking in Persons (Feb 2009)

52.222-1 Notice to the Government of Labor Disputes (Feb 1997)

52.216-20 Definite Quantity (Oct 1995)

52.216-19 Order Limitations (Oct 1995)

52.216-18 Ordering (Oct 1995)

52.211-5 Material Requirements (Aug 2000)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (Dec 2010)

52.208-9 Contractor Use of Mandatory Sources of Supply or Services (Oct 2008)

52.204-7 Central Contractor Registration (Apr 2008)

52.204-2 Security Requirements (Aug 1996)

Clauses by Full Text

FAO-0024 Business Management Questionnaire

(a) Provide the work distribution, by percentage, among commercial contracts and Government prime contracts (including subcon-tracts under Government contract).

COMMERCIAL: percent GOVERNMENT: percent

(b) List the last three contracts awarded to your firm which are of a related nature, indicating for each the following:

(1) (a) Customer & Address

(Phone)

(b) Contract Number

(c) Person to Contact

(d) Type of Work

(e) Amount of Contract $

RFQP01171100023 Page 7 of 18

(f) Contract Status r I Active I I Complete

(2) (a) Customer & Address

(Phone)

(b) Contract Number

(c)Person to Contact

(d) Type of Work

(e) Amount of Contract $

(f) Contract Status [ ] Active [ ] Complete

(3) (a) Customer & Address

(Phone)

(b) Contract Number

(c) Person to Contact

(d) Type of Work

(e) Amount of Contract $

(f) Contract Status [ ] Active [ ] Complete

(4) Bank Reference:

(a)Name of Bank (b)Address (Phone) ( c ) Person to Contact

(5) Total estimated amount of work under this contract that your firm will complete (excluding subcontractors): percent

52.204-1 Approval of Contract (Dec 1989)

This contract is subject to the written approval of [identify title of designated agency official here] and shall not be binding until so ap-proved.

(End of clause)

52.222-50 Alt I Combating Trafficking in Persons (Feb 2009) -- Alternate I (Aug 2007)

RFQP01171100023 Page 8 of 18

(3) By means of the abuse or threatened abuse of law or the legal process.

"Involuntary servitude" includes a condition of servitude induced by means of -- (1)Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condi-tions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

"Severe forms of trafficking in persons"means --

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

"Sex trafficking"means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

(b) Policy. The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and con-tractor employees shall not --

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract; or (3)Use forced labor in the performance of the contract.

(c) Contractor requirements. The Contractor shall --

(1) Notify its employees of --

(i)(A) The United States Government's zero tolerance policy described in paragraph (b) of this clause; and

(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indic-ated below:

'Document Title ocument may be obtained from: Applies performance to in/at:

[Contracting Officer shall insert title of directive/notice; indicate the document is attached or provide source (such as website link) for obtaining document; and, indicate the contract performance location outside the U.S. to which the document applies.]

(ii) The actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, re-moval from the contract, reduction in benefits, or termination of employment; and

(2) Take appropriate action, up to and including termination, against employees or subcontractors that violate the policy in paragraph

(b) of this clause.

(d) Notification. The Contractor shall inform the Contracting Officer immediately of --

(1) Any information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcon-tractor, or subcontractor employee has engaged in conduct that violates this policy; and

(2) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this clause.

(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), or (f) of this clause may result in --

(1)Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2)Requiring the Contractor to terminate a subcontract;

(3) Suspension of contract payments;

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

(5) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(6) Suspension or debarment.

(f) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts.

(g) Mitigating Factor. The Contracting Officer may consider whether the Contractor had a Trafficking in Persons awareness program at the time of the violation as a mitigating factor when determining remedies. Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/g/tip.

RFQP01171100023 Page 9 of 18

52.232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002)

(a) Contractor entitlement to financing payments. The Contractor may request, and the Government shall pay, a contract financing payment as specified elsewhere in this contract when: the payment requested is properly due in accordance with this contract; the sup-plies deliverable or services due under the contract will be delivered or performed in accordance with the contract; and there has been no impairment or diminution of the Government's security under this contract.

(b) Special terms regarding termination for cause. If this contract is terminated for cause, the Contractor shall, on demand, repay to the Government the amount of unliquidated contract financing payments. The Government shall be liable for no payment except as provided by the Termination for Cause paragraph of the clause at 52.212-4, Contract Terms and Conditions Commercial Items.

(c) Security for Government financing. In the event the Contractor fails to provide adequate security, as required in this contract, no financing payment shall be made under this contract. Upon receipt of adequate security, financing payments shall be made, including all previous payments to which the Contractor is entitled, in accordance with the terms of the provisions for contract financing. If at any time the Contracting Officer determines that the security provided by the Contractor is insufficient, the Contractor shall promptly provide such additional security as the Contracting Officer determines necessary. In the event the Contractor fails to provide such ad-ditional security, the Contracting Officer may collect or liquidate such security that has been provided and suspend further payments to the Contractor; and the Contractor shall repay to the Government the amount of unliquidated financing payments as the Contracting Officer at his sole discretion deems repayable.

(d) Reservation of rights.

(1) No payment or other action by the Government under this clause shall-

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause-

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(e) Content of Contractor's request for financing payment. The Contractor's request for financing payment shall contain the following:

(1)The name and address of the Contractor;

(2)The date of the request for financing payment;

(3)The contract number and/or other identifier of the contract or order under which the request is made; and

(4) An appropriately itemized and totaled statement of the financing payments requested and such other information as is necessary for computation of the payment, prepared in accordance with the direction of the Contracting Officer.

(f) Limitation on frequency of financing payments. Contractor financing payments shall be provided no more frequently than monthly.

(g) Dates for payment. A payment under this clause is a contract financing payment and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved payment requests within 30 days of submittal of a prop-er request for payment.

(h) Conflict between terms of offeror and clause. In the event of any conflict between the terms proposed by the offeror in response to an invitation to propose financing terms (52.232-31) and the terms in this clause, the terms of this clause shall govern.

(End of clause)

52.232-32 Performance-Based Payments (Aug 2010)

(a) Amount of payments and limitations on payments. Subject to such other limitations and conditions as are specified in this contract and this clause, the amount of payments and limitations on payments shall be specified in the contract's description of the basis for payment.

(b) Contractor request for performance-based payment. The Contractor may submit requests for payment of performance-based pay-ments not more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The Contractor's request shall contain the information and certification detailed in paragraphs (I) and (m) of this clause.

(c) Approval and payment of requests.(1) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in ac-cordance with the terms of the contract. The Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable.

(2) A payment under this performance-based payment clause is a contract financing payment under the Prompt Payment clause of this contract and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay ap-

RFQP01171100023 Page 10 of 18 proved requests on the [Contracting Officer insert day as prescribed by agency head; if not prescribed, insert "30th"] day after receipt of the request for performance-based payment by the designated payment office. However, the designated payment office is not re-quired to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or inquires into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the Con-tractor certification. The payment period will not begin until the Contracting Officer approves the request.

(3) The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from performance of obligations under this contract.

(d) Liquidation of performance-based payments.(1) Performance-based finance amounts paid prior to payment for delivery of an item shall be liquidated by deducting a percentage or a designated dollar amount from the delivery payment. If the performance-based fin-ance payments are on a delivery item basis, the liquidation amount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based finance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquidation shall be by either predesignated liquidation amounts or a liquidation per-centage.

(2) If at any time the amount of payments under this contract exceeds any limitation in this contract, the Contractor shall repay to the Government the excess. Unless otherwise determined by the Contracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after adjustment of invoice payments and balances for any retroactive price ad-justments.

(e) Reduction or suspension of performance-based payments. The Contracting Officer may reduce or suspend performance-based pay-ments, liquidate performance-based payments by deduction from any payment under the contract, or take a combination of these ac-tions after finding upon substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (h) and (i) of this clause).

(2) Performance of this contract is endangered by the Contractor's--

(i) Failure to make progress; or (ii)Unsatisfactory financial condition.

(3) The Contractor is delinquent in payment of any subcontractor or supplier under this contract in the ordinary course of business.

(1) Title. (1) Title to the property described in this paragraph (f) shall vest in the Government. Vestiture shall be immediately upon the date of the first performance-based payment under this contract, for property acquired or produced before that date. Otherwise, vestit-ure shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) "Property," as used in this clause, includes all of the following described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices:

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii)Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufactur-ing aids, title to which would not be obtained as special tooling under paragraph (f)(2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by oth-er clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract (e.g., the termination-clauses) shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract, without requesting the Contracting Officer's ap-proval, provided that any significant reduction in the value of the property to which the Government has title under this clause is re-ported in writing to the Contracting Officer.

(5) In order to acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contract-orshall obtain the Contracting Officer's advance approval of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the proceeds thereof) not--

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Gov-ernment under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Govern-ment acquired title solely under this clause.

(g) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. If any property is lost, stolen, damanged, or destroyed, the basis of payment (the events or performance criteria) to which the property is related shall be

RFQP01171100023 Page 11 of 18 deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(h) Records and controls. The Contractor shall maintain records and controls adequate for administration of this clause. The Contract-or shall have no entitlement to performance-based payments during any time the Contractor's records or controls are determined by the Contracting Officer to be inadequate for administration of this clause.

(i) Reports and Government access. The Contractor shall promptly furnish reports, certificates, financial statements, and other pertin-ent information requested by the Contracting Officer for the administration of this clause and to determine that an event or other cri-terion prompting a financing payment has been successfully accomplished. The Contractor shall give the Government reasonable op-portunity to examine and verify the Contractor's records and to examine and verify the Contractor's performance of this contract for administration of this clause.

(j) Special terms regarding default. If this contract is terminated under the Default clause, (1) the Contractor shall, on demand, repay to the Government the amount of unliquidated performance-based payments, and (2) title shall vest in the Contractor, on full liquida-tion of all performance-based payments, for all property for which the Government elects not to require delivery under the Default clause of this contract. The Government shall be liable for no payment except as provided by the Default clause.

(k) Reservation of rights. (1) No payment or vesting of title under this clause shall--

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause--

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(I) Content of Contractor's request for performance-based payment. The Contractor's request for performance-based payment shall contain the following:

(1) The name and address of the Contractor;

(2) The date of the request for performance-based payment;

(3) The contract number and/or other identifier of the contract or order under which the request is made;

(4) Such information and documentation as is required by the contract's description of the basis for payment; and (5)A certification by a Contractor official authorized to bind the Contractor, as specified in paragraph (m) of this clause.

(m) Content of Contractor's certification. As required in paragraph (1)(5) of this clause, the Contractor shall make the following certi-fication in each request for performance-based payment:

I certify to the best of my knowledge and belief that-- (1)This request for performance-based payment is true and correct; this request (and attachments) has been prepared from the books and records of the Contractor, in accordance with the contract and the instructions of the Contracting Officer;

(2) (Except as reported in writing on ), all payments to subcontractors and suppliers under this contract have been paid, or will be paid, currently, when due in the ordinary course of business;

(3) There are no encumbrances (except as reported in writing on ) against the property acquired or produced for, and allocated or properly chargeable to, thc contract which would affect or impair the Government's title;

(4) There has been no materially adverse change in the financial condition of the Contractor since the submission by the Contractor to the Government of the most recent written information dated ; and

(5) After the making of this requested performance-based payment, the amount of all payments for each deliverable item for which performance-based payments have been requested will not exceed any limitation in the contract, and the amount of all payments under the contract will not exceed any limitation in the contract.

(End of clause)

52.241-3 Scope and Duration of Contract (Feb 1995)

proved by the applicable governing regulatory body and as set forth in the contract.

(b)It is expressly understood that neither the Contractor nor the Government is under any obligation to continue any service under the terms and conditions of this contract beyond the expiration date.

(c) The Contractor shall provide the Government with one complete set of rates, terms, and conditions of service which are in effect as of the date of this contract and any subsequently approved rates.

(d) The Contractor shall be paid at the applicable rate(s) under the tariff and the Government shall be liable for the minimum monthly

RFQP01171100023 Page 12 of 18 charge, if any, specified in this contract commencing with the period in which service is initially furnished and continuing for the term of this contract. Any minimum monthly charge specified in this contract shall be equitably prorated for the periods in which com-mencement and termination of this contract become effective.

(End of clause)

52.241-6 Service Provisions (Feb 1995)

(a) Measurement of service.

(1) All service furnished by the Contractor shall be measured by suitable metering equipment of standard manufacture, to be fur-nished, installed, maintained, repaired, calibrated, and read by the Contractor at its expense. When more than a single meter is in-stalled at a service location, the readings thereof may be billed conjunctively, if appropriate. In the event any meter fails to register (or registers incorrectly) the service furnished, the parties shall agree upon the length of time of meter malfunction and the quantity of ser-vice delivered during such period of time. An appropriate adjustment shall be made to the next invoice for the purpose of correcting such errors. However, any meter which registers not more than percent slow or fast shall be deemed correct.

(2) The Contractor shall read all meters at periodic intervals of approximately 30 days or in accordance with the policy of the cogniz-ant regulatory body or applicable bylaws. All billings based on meter readings of less than days shall be prorated accord-ingly.

(b) Meter test.

(1) The Contractor, at its expense, shall periodically inspect and test Contractor-installed meters at intervals not exceeding year(s). The Government has the right to have representation during the inspection and test.

(2) At the written request of the Contracting Officer, the Contractor shall make additional tests of any or all such meters in the pres-ence of Government representatives. The cost of such additional tests shall be borne by the Government if the percentage of errors is

cent under normal operating conditions.

(c) Change in volume or character. Reasonable notice shall be given by the Contracting Officer to the Contractor regarding any ma-terial changes anticipated in the volume or characteristics of the utility service required at each location.

(d) Continuity of service and consumption. The Contractor shall use reasonable diligence to provide a regular and uninterrupted supply of service at each service location, but shall not be liable for damages, breach of contract or otherwise, to the Government for failure, suspension, diminution, or other variations of service occasioned by or in consequence of any cause beyond the control of the Con-tractor, including but not limited to acts of God or of the public enemy, fires, floods, earthquakes, or other catastrophe, strikes, or fail-ure or breakdown of transmission or other facilities. If any such failure, suspension, diminution, or other variation of service shall ag-gregate more than hour(s) during any billing period hereunder, an equitable adjustment shall be made in the monthly billing specified in this contract (including the minimum monthly charge).

(End of clause)

52.241-8 Change in Rates or Terms and Conditions of Service for Unregulated Services (Feb 1995)

(a)This clause applies to the extent that services furnished hereunder are not subject to regulation by a regulatory body.

(b)After [insert date] , either party may request a change in rates or terms and conditions of service, unless other-wise provided in this contract. Both parties agree to enter in negotiations concerning such changes upon receipt of a written request detailing the proposed changes and specifying the reasons for the proposed changes.

(c)The effective date of any change shall be as agreed to by the parties. The Contractor agrees that throughout the life of this contract the rates so negotiated will not be in excess of published and unpublished rates charged to any other customer of the same class under similar terms and conditions of use and service.

(d) The failure of the parties to agree upon any change after a reasonable period of time shall be a dispute under the Disputes clause of this contract.

(e) Any changes to rates, terms, or conditions as a result of such negotiations shall be made a part of this contract by the issuance of a contract modification.

(End of clause)

52.241-10 Termination Liability (Feb 1995)

(a) If the Government discontinues utility service under this contract before completion of the facilities cost recovery period specified in paragraph (b) of this clause, in consideration of the Contractor furnishing and installing at its expense, the new facility described herein, the Government shall pay termination charges, calculated as set forth in this clause.

(b) Facility cost recovery period. The period of time, not exceeding the term of this contract, during which the net cost of the new fa-

RFQP01171100023 Page 13 of 18 cility shall, be recovered by the Contractor is [Insert negotiated duration.] months.

(c) Net facility cost. The cost of the new facility, less the agreed upon salvage value of such facility, is-- gInsert appropriate dollar amount.]

(d) Monthly facility cost recovery rate. The monthly facility cost recovery rate which the Government shall pay the Contractor wheth-er or not service is received is $[Divide the net facility cost in paragraph (c) of this clause by the facility s cost recovery period in para-graph (b) of this clause and insert the resultant figure.] .

(e) Termination charges. Termination charges = $[Multiply the remaining months of the facility's cost recovery period specified in paragraph (b) of this clause by the monthly facility cost recovery rate in paragraph (d) of this clause and insert the resultant figure.] .

(0 If the Contractor has recovered its capital costs at the time of termination there will be no termination liability charge.

(End of clause)

52.241-12 Nonrefundable, Nonrecurring Service Charge (Feb 1995)

As provided herein, the Government will pay a nonrefundable, nonrecurring charge when the rules and regulations of a Contractor re-quire that a customer pay (1) a charge for the initiation of service, (2) a contribution in aid of construction, or (3) a nonrefundable membership fee. This charge may be in addition to or in lieu of a connection charge. Therefore, there is hereby added to the Contract-or's schedule a nonrefundable, nonrecurring charge for in the amount of $ dollars payable [specij, dates or schedules].

(End of clause)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon re-quest, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this / these address(es):

(End of clause)

52.252-4 Alterations in Contract (Apr 1984)

Portions of this contract are altered as follows:

(End of clause)

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized devi-ation is indicated by the addition of(DEVIATION)after the date of the clause.

(b)The use in this solicitation or contract of any . (48 CFR [insert regulation name]) clause with an author-ized deviation is indicated by the addition of(DEVIATION)after the name of the regulation.

RFQP01171100023 Page 14 of 18

Section 4 - List of Attachments

Exhibits and Attachments Identifier Title Number of

Pages 1 Statement of Work

RFQP01171100023 Page 15 of 18

Section 5 - Solicitation Provisions

Provisions By Reference

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates given in full text. Upon request, listed provisions may include of submitting the full text of appropriate information with electronically at this/these one blocks those address(es):

the its quotation or more solicitation provisions by reference, with the same force and effect as if they were

Contracting Officer will make their full text available. The offeror is cautioned that the that must be completed by the offeror and submitted with its quotation or offer. In lieu provisions, the offeror may identify the provision by paragraph identifier and provide the or offer. Also, the full text of a solicitation provision may be accessed www.arnet.gov/far

Clause Title

52.250-4 SAFETY Act Pre-qualification Designation Notice. (Feb 2009)

52.250-3 SAFETY Act Block Designation / Certification. (Feb 2009)

52.250-2 SAFETY Act Coverage Not Applicable. (Feb 2009)

52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran—Certification (Sep 2010)

Provisions by Full Text

52.204-8 Annual Representations and Certifications (Jan 2011)

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

(2) The small business size standard is[insert size standard].

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

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(i) Paragraph (d) applies.

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

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

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

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

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

RFQP01171100023 Page 16 of 18

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

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

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Con-tractor Registration.

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

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

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

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

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

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

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

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

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

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. Thisprovision applies to all soli-citations.

(xix) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification. This provision applies to all solicita-tions.

(xx) 52.226-2, Historically Black College or University and Minority Institution Representation. This provisionapplies to--

RFQP01171100023 Page 17 of 18

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from highereducational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Ad-justment for Small Disadvantaged Business Concerns.

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

[Contracting Officer check as appropriate.]

(i) 52.219-22, Small Disadvantaged Business Status.

(A) Basic.

(B) Alternate I.

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

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

(iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

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

(vi) 52.223-13, Certification of Toxic Chemical Release Reporting.

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifica-tions Application (ORCA) website at http://orca.bpn.gov . After reviewing the ORCA database information, the offeror verifies by sub-mission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applic-able to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below. [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also in-corporated in this offer and are current, accurate, and complete as of the date of this offer.

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

(End of provision)

52.230-7 Proposal Disclosure Cost Accounting Practice Changes (Apr 2005)

The offeror shall check "yes" below if the contract award will result in a required or unilateral change in cost accounting practice, in-cluding unilateral changes requested to be desirable changes.

Yes No

If the offeror checked "Yes" above, the offeror shall- (1)Prepare the price proposal in response to the solicitation using the changed practice for the period of performance for which the practice will be used; and

(2) Submit a description of the changed cost accounting practice to the Contracting Officer and the Cognizant Federal Agency Official as pricing support for the proposal.

RFQP01171100023 Page 18 of 18

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same foice and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

(End of provision)

52.252-3 Alterations in Solicitation (Apr 1984)

Portions of this solicitation are altered as follows:

(End of provision)

52.252-5 Authorized Deviations in Provisions (Apr 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is in-dicated by the addition of(DEVIATION)after the date of the provision.

(b) The use in this…