S02 - 36C25224Q0505.pdf

36C25224Q0505

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

None

578-24-1-6057-0012

36C25224Q0505 07-29-2024

Iloh, Sylvia 414-844-4800 ext 43242 08-2-2024 4pm CDT

Department of Veterans Affairs

GLAC (69D)

115 South 84th Street, Suite 101

Milwaukee WI 53214-1476

X 100

X

238330

$19 Million

N/A

Edward Hines, Jr. VA Hospital

5000 South 5th Ave

HINES IL 60141-3030

GLAC-MILWAUKEE (69D)

Great Lakes Acquisition Center - HC 115 South 84th Street, Suite 101 Milwaukee WI 53214-1476

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

Floor scrubber repair for the Edward Hines, Jr. VA Hospital

See Sections B.2 and B.3 for specific requirements.

The Service Contract Labor Standards statute applies to this contract. See Section D for the applicable Department of Labor Wage Determination.

See CONTINUATION Page

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449)

OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN

PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED

FOR AWARD.

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

AMENDMENT NO DATE

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

A. CONTRACTOR:

CONTRACTOR NAME:

ADDRESS:

CITY-STATE-ZIP:

POINT OF CONTACT/TITLE:

PHONE NUMBER:

FAX NUMBER :

E-MAIL ADDRESS:

SAM UEI NO.:

CAGE CODE:

CONTRACTOR’S PAST PERFORMANCE POINT OF CONTACT

(IF DIFFERENT THAN ABOVE):

NAME: __________________________________________

EMAIL ADDRESS:_________________________________

B. GOVERNMENT: SYLVIA ILOH, CONTRACT SPECIALIST

DEPARTMENT OF VETERANS AFFAIRS

GREAT LAKES ACQUISITION CENTER

115 S. 84TH ST., STE 100

MILWAUKEE WI 53214

2. ACQUISITION OF COMMERCIAL ITEMS: This Request for Quote (RFQ) solicitation is issued under the authority of FAR Part 13.5 Simplified Procedures for Certain Commercial Items in which simplified acquisition procedures in FAR Part 13 will be used. FAR Part 14 and 15 will not be used.

From this RFQ, the Government intends to award a firm fixed price contract where the contractor provides a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. (Note: The terms “offeror” and “quoter” are both used in this Solicitation.

For the purposes of this Solicitation, these terms are interchangeable; there is no difference in meaning between the two.)

3. SOLICITATION TIMELINE SUMMARY:

A. RFQ QUESTIONS: In order to maintain integrity of this solicitation and subsequent award date, all offerors are advised that any question and answer requests must be submitted in a written form via e-mail to the Contracting Officer Sylvia.Iloh@va.gov no later than Wednesday July 23, 2024, at 10am Local Time. Contracting will issue a consolidated response via solicitation amendment to https://sam.gov Contract Opportunities within 2 business days to all parties.

B. SOLICITATION CLOSES/QUOTES DUE: See box 8 of STANDARD FORM 1449 or most recent Amendment.

C. SUBMISSION OF QUOTE: See 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services and addendum for specific instructions to offerors.

4. CONTRACTING OFFICER’S AUTHORITY: The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration.

Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

5. INVOICES: Use of the invoicing procedures set forth in this Contract is mandatory and supersede any other invoicing procedures otherwise used by the Contractor. Invoice payment, including the calculation of late fees when applicable, shall be conducted in accordance with current Department of Veterans Affairs policies and procedures at the time an invoice is submitted. Under no circumstances shall a late payment be grounds for termination of this Contract.

a. All payments by the Government to the contractor will be made in accordance with: FAR 52.232-

33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

b. Invoices shall be submitted monthly in arrears in accordance with: 852.232-72 ELECTRONIC

SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

c. Payments shall be made in arrears upon receipt of a properly prepared invoice.

d. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests.

mailto:Sylvia.Iloh@va.gov https://sam.gov/

e. The VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Network e-Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to VA.Registration@Tungsten-Network.com or calling 1-877- 489-6135 for Enrollment.

f. Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.Tungsten-Network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at 1-877-489-6135.

g. All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.

h. VA’s Electronic Invoice Presentment and Payment System – The Veterans Affairs Financial Services Center (VAFSC) uses a third-party contractor, Tungsten Network e-Invoice, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/customer-campaigns/veteransaffairs/ to begin submitting electronic invoices, free of charge.

i. As of July 1, 2020, the VA10091 form has been eliminated and the VAFSC is requiring our vendors to update and add their information in the Customer Engagement Portal (CEP) at https://www.cep.fsc.va.gov/. This is for new vendors being added to FMS only.

j. For assistance setting up e-Invoice, the below information is provided:

* Tungsten Network e-Invoice Setup Information: 1-877-489-6135

* Tungsten Network e-Invoice email: VA.Registration@Tungsten-Network.com

* FSC e-Invoice Contact Information: 1-877-353-9791

* FSC e-invoice email: vafsccshd@va.gov

6. FACILITY REQUIREMENTS: In addition to any other requirements set forth in this Contract, the Contractor, including its employees, agents, and subcontractors (collectively “the Contractor”), shall comply with the following facility requirements. Failure to comply with these requirements shall be considered a material breach of this Contract and may be a violation of Federal law resulting in charges answerable in the United States District Court.

mailto:VA.Registration@Tungsten-Network.com https://portal.tungsten-network.com/Login.aspx http://www.tungsten-network.com/customer-campaigns/veteransaffairs/ https://www.cep.fsc.va.gov/ mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov

a. Contractor is responsible to follow all on-site facility policies.

b. All VA property is considered Federal property and all Federal laws are applicable.

c. It is the responsibility of the Contractor to park in the appropriate designated parking areas.

Information on parking is available from the VA Police Section. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

d. All VA facilities are drug free. Possession of drugs, to include Marijuana and all Marijuana bi-products are prohibited. Enclosed containers, including tool kits, shall be subject to search.

Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

e. All contractor personnel are required to adhere to all VA rules and regulations.

f. Smoking is prohibited on the entire campus, both inside and outside the VA Facility.

g. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

h. VHA DIRECTIVE 1192: This Veterans Health Administration (VHA) directive establishes policy and provides guidance for the prevention of seasonal influenza in VHA facilities through the vaccination or masking of health care personnel (HCP). AUTHORITY: Title 38 United States Code (U.S.C.) 7301(b), 7318(b). Contractor is responsible in ensuring that all aspects of this directive are implemented, including providing face masks and influenza vaccines for all employees working at a VA facility.

7. SECURITY & PRIVACY CONTROL:

a. Badging/Access: Badging and access for all Contractor personnel shall be coordinated with the COR. The Contractor shall strictly comply with all direction given by the COR and facility personnel during the badging process. Failure to comply with this requirement will be considered a material breach of this Contract.

b. Physical Security: The Contractor shall not permit its employees, including subcontractor employees, to open desk drawers, cabinets, or to use office equipment, including the use of non-pay telephones, for any purpose other than required for normal performance of duties under this Contract.

c. Network/Data Security: The Contractor shall not connect any computing or data storage devices to the VA facility’s networks, except for publicly available Wi-Fi.

d. Contract Security: The Authorization & Accreditation (A&A) requirements of VHA Handbook

6500.6 do not apply to this requirement; therefore, a Security Accreditation Package is not required, nor is an A&A or MOU/ISA required. Sensitive information exposure as part of this contract involves applicable security controls within the facility as part of the VA Information Security. If there are any questions related to privacy, please have a member of your staff contact the VA Privacy Service at (202) 461-6309. If there are any questions related to the information security, please have a member of your staff contact the Office of Cyber Security at (304) 262- 7733.

e. Patient Confidentiality: The Contractor shall adhere to all requirements of the Privacy Act due to the possibility that confidential medical record information may be accessible and/or visible to Contractor employees while performing work under this Contract. The Privacy Act prohibits the disclosure of a record about an individual from a system of records, absent the written consent of the individual, unless the disclosure is pursuant to a statutory exception. See Privacy Act of 1974 for additional information regarding the Privacy Act. At the COR’s direction, in the COR’s sole discretion, the Contractor shall obtain a signed Confidentiality Certificate from each employee and maintain that Certificate for inspection purposes.

[Remainder of Page Intentionally Left Blank – End of Section B.1] https://www.justice.gov/opcl/privacy-act-1974

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

1.00 YR ________________

Full-service agreement Environmental Management Services (EMS) Service Contract floor scrubber. Labor and Parts Contract Period: Base POP Begin: 09-01-2024 POP End: 08-31-2025 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

Full-service agreement Environmental Management Services (EMS) Service Contract floor scrubber. Labor and Parts Contract Period: Option 1 POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Full-service agreement Environmental Management Services (EMS) Service Contract floor scrubber. Labor and Parts Contract Period: Option 2 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Full-service agreement Environmental Management Services (EMS) Service Contract floor scrubber. Labor and Parts Contract Period: Option 3 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

Full-service agreement Environmental Management Services (EMS) Service Contract floor scrubber. Labor and Parts Contract Period: Option 4 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 238330 - Flooring Contractors

GRAND TOTAL ________________

B3 PERFORMANCE WORK STATEMENT

GENERAL

a. This is a full-service agreement, the requirements listed in the following scope work will provide the

Contractor to provide inspection and equipment repair Services in accordance with all terms, conditions, provisions, specifications, and schedules herein for the Edward Hines Jr, VA Medical Center, Hines, IL, by furnishing labor and material to repair and remedial maintenance, of EMS equipment located at Hines VA. The full-service agreement shall be for one (1) base year with the option to renew for four (4) option years.

1. Contractor shall conduct weekly equipment repairs and inspection to ensure equipment floor scrubbers, vacuum cleaners, walk behind scrubbers T3, riding floor scrubbers, carpet cleaning equipment wet/ dry pickup etc. is in proper working conditions once it is identified for repairs.

Pickups and deliveries must occur when contractor has coordinated with EMS on repairs.

b. The contractor/transporter agrees to not hold the Government liable for any negligence of contractor/transporter or his/her employees who may wholly or individually be liable for improper actions, during the performance of this contract and contractor will be responsible for any lost and damaged equipment.

c. Contractor must obtain all necessary permits and/or licenses regarding the pickup, transportation, storage, and acceptable disposition.

d. All invoices and repairs must be pre-approved by EMS designate prior to repairs being done.

e. All equipment that is identified for repairs will be properly tagged and identified to help ensure no double billing.

f. Contractor shall comply with all applicable OSHA, and Federal, State, interstate and local requirements, rules, regulations, and laws.

g. Contractor shall provide a certifiable system to enable proper billing for services with proper invoices for full payments.

h. Contract personnel must check in and out at the EMS office, building 230 (or any area designated by the COR)

i. Contractor will provide a weekly schedule (at the beginning of the week) of equipment areas to be serviced and a weekly listing of all repaired equipment and will have signatures from EMS section Chief or responsible party verifying pickups. (End of the week).

j. Hines VA Hospital will provide designated parking for the contractor at Building 230.

CONTRACTOR FURNISHED ITEMS:

a. The Government assumes no liability for loss of or damage to Contractor-owned property held on Government premises (including vehicles) unless the Government requests supplies and they are held overnight and lost.

EQUIPMENT TOOLS AND SUPPLIES:

a. The Contractor shall furnish all tools and equipment necessary to properly perform the work defined in the contract. The Contractor shall secure all ancillary tools and equipment. All equipment must be cleaned and sanitized prior to introduction or re-entry into the Fisher House.

b. Vehicles – The Contractor shall provide all required vehicles, vehicle fuels, lubricants, and repairs necessary to perform services under this contract. In addition, the vehicles must be kept clean (exterior and interior) with no unsightly residue of dirt, mud, trash, and other debris. Vehicle efficiency is solely the responsibility of Contractor and Contractor shall not be relieved of his contract responsibilities due to vehicle breakdown or failure of vehicles to operate.

Specifications: All Contractor furnished wash formula chemicals, materials, equipment, and tools used shall be standard products of manufacturers regularly engaged in the production of such items.

All items must be approved by the facility COR prior to being used. All supplies and equipment used or changes in previously approved supplies or equipment shall require literature and may require samples.

INDUSTRY REGULATIONS AND CODES:

a. In the performance of this contract, the Contractor shall take all Occupational Safety and Health and Administration (OSHA) safety precautions.

b. The Contractor shall comply with applicable (OSHA), TJC, Center for Disease Control (CDC), Federal. State, and Local regulations and codes. The Contractor shall keep abreast of and comply with changes in all regulations and codes applicable to the contractor.

PERSONNEL QUALIFICATIONS AND REQUIREMENTS FOR CONTRACT SERVICE:

a. The Contractor shall comply with TJC and CDC regulations and policies. Where the contract does not require accreditation or other regulatory requirements regarding worker competency, the Contractor must perform the required work in accordance with these standards. The Contractor is required to develop and maintain the following documents for each Contractor employee working on the contract: credentials and qualifications for the job; a current competence assessment checklist (an assessment of knowledge, skills, abilities and behaviors required to perform a job correctly and skillfully; includes knowledge and skills required to provide care for certain patient populations, as appropriate); a current performance evaluation supporting ability of the Contractor employee to successfully perform the work required in this solicitation; and listing of relevant continuing education for the last two years. The contractor shall provide current copies of these records at the time of contract award and annually on the anniversary date of contract award to the VA COR or upon request for each Contractor employee working on the contract.

b. Orientation for Contract Employees: Contractor shall attend an orientation meeting as arranged by the Contracting Officer Representative (COR). The VA shall schedule this meeting and include the following topics for discussion: (VA shall provide information to the contractor regarding these topics and document the meeting minutes for the contract file).

• Fire and Safety

• Disaster procedures

• Other

c. The Contractor shall be responsible to ensure that Contractor employees coming to the Edward Hines VAH work site shall receive the information required above.

d. The Contractor shall be responsible to ensure Contractor employees providing work on this contract are fully trained and completely competent to perform the required work.

e. Exposure to Hazardous Working Conditions: Contractor's personnel are required to perform work under potentially hazardous conditions. Contractor and Contractor's personnel shall follow all OSHA requirements for institutional laundry services. Because of the uniqueness of hospital requirements, the Contractor shall provide adequate procedures for loading of soiled linen and unloading of clean linen at Fisher House. These procedures shall be in accordance with the CDC guidelines and any existing State, Federal Regulations and The Joint Commission Regulations for routine handling of soiled linen and laundering Process. All soiled laundry to be processed by the Contractor is potentially “infectious linen”. This linen has been contaminated with body fluids because of surgery, research, dental and other procedures. The Contractor shall comply with all local, state, and federal regulations regarding the transportation and handling of “INFECTIOUS LINEN”. The Contractor shall institute procedures and provide special handling to control potentially infectious material.

f. Physical Examination: Contractor's personnel who acquire a communicable illness or have an open wound shall not perform service under the contract and must be free of illness before returning to work. The Contractor shall be responsible for any physical examination.

GOVERNMENT REPRESENTATIVE:

a. The Facility COR is responsible for providing technical assistance to the CO in administration of the contract. This responsibility involves quality assurance inspection, surveillance reporting and monthly certification of the Contractor’s performance. The CO shall furnish the name of the Facility COR prior to the start date of the contract. The Contractor shall be advised of the extent of the authority of the Facility COR. The COR shall have access to plant facilities, without necessity of prior notification to Contractor. Each phase of the services rendered under this contract is subject to Government inspection during both the Contractor’s operation and after completion of tasks. The Government’s program is not a substitute for quality control by the Contractor.

CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

Failure to comply with the contractor personnel security requirements may result in termination of the contract for default. All contractor employees who require access to the Department of Veterans Affairs' Contractors computer systems or have access to sensitive information shall be the subject of a background investigation. The contractor is encouraged to have its employee immediately download the background investigation packet from https://www.va.gov/vabackground investigations upon http://www.va.gov/vabackground notification of contract award. A contractor’s employee shall not commence working at VA under contract until the Contractor and the Contracting Officer receive notification from the VA Office of Security and Law Enforcement (OSLE) that the contract employee's application was received complete.

A favorable adjudication from the VA Office of Security and Law Enforcement must be received for a contractor employee to continue contract performance. This requirement is applicable to all subcontractor personnel.

The Contractor shall provide complete Background Investigation applications, for all Contract Employees, to OSLE, promptly and in sufficient time to meet the contract performance or delivery schedule (or: within 15 calendar days after contract award). If a delay in the notification from OSLE to the Contractor that a complete application has been received is due to the failure of the Contractor to provide a complete application as soon as practicable (or: within 15 calendar days) after contract award, this delay shall not excuse the Contractor from meeting the contract performance or delivery schedule and may result in termination for cause.

a. Position Sensitivity - The position sensitivity has been designated as LOW RISK. All contractor employees shall present a VA always issued badge on the premises.

FEDERAL AND NATIONAL HOLIDAYS OBSERVED BY THE VAMC INCLUDE:

New Year’s Day Labor Day Martin Luther King Jr. Day Columbus Day President’s Day Veterans Day Memorial Day Thanksgiving Day Independence Day Juneteenth

Also included would be any other day specifically declared by the President of the United States to be a National Holiday.

When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S.

Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday.

List of Equipment

MFGR. MFR EQIP NAME MODEL SERIAL #

NILFISK ADVANCE INC. CLARKE FLOOR POLISHER CFP-2000DS 3000160962

CLOROX ELECTROSTATIC SPRAYER TOTAL 360

SYSTEM

115MST0742

CLOROX ELECTROSTATIC SPRAYER TOTAL 360

SYSTEM

115MST1286

ADVANCE MACHINE SCRUBBING MACH,FLOOR TORNADO BR

VARIO

25766

ADVANCE MACHINE POLISHER WHIRLOMATI

C

VAH 9804

ADVANCE MACHINE SHAM,MACH CPT&RUG MATADOR 20

inch

1689611

ADVANCE MACHINE CLEANER VAC OUT IND HYDOR

FLOOR

BLOWER

1680675

ADVANCE MACHINE POLISHER,FLOOR ELEC WHIRLAMATI

C 20 ULTRA

1787589

ADVANCE MACHINE SPRITE AIR SCOOP 16

WET/DRY VACUUM

SPRITE 1000001390

CLARKE POLISHING MACHINE

ULTRA SPEED BURNISHER

01550A 3000134156

CLARKE SCRUBBER-DRYER FOCU II

MICRO RIDER

26D

3.51014E+12

NILFISK ADVANCE INC. CLARKE WET/DRY VACUUM MAXXI-11 75-1

WD

3.51014E+12

CLOROX ELECTROSTATIC SPRAYER TOTAL 360

SYSTEM

115MST1397

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST4024

CLARKE CLEANER CADDY,

RESTROOM TFC 400

56380773 4000326363

CLARKE CLEANER CADDY,

RESTROOM TFC 400

56380773 4000327704

CLARKE CLEANER CADDY,

RESTROOM TFC 400

56380773 4000327699

TORNADO PACVAC 6 BACKPACK

VACUUM

PACVAC 6

ROAM

18D001703

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST3984

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST3980

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST4046

CLARKE CLEANER CADDY,

RESTROOM TFC 400

56380773 4000325793

CLARKE CLEANER CADDY,

RESTROOM TFC 400

56380773 4000327703

MAT INDUSTRIES LLC AIR COMPRESSOR

VERTICAL TANK 30 GAL

VT635801AJ HS65208

ADVANCE MACHINE CLEANER VAC OUT IND HYDOR

FLOOR

BLOWER

1680683

ADVANCE MACHINE POLISHER FLOOR,ELECT PACESETTER

HD20

FH1880

CLARKE POLISHING MACHINE

ULTRA SPEED BURNISHER

01550A 3000134155

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST3980

CLARKE CLARKE PLOISHER-CFP-130 CFP-130-

PLOSHER

3000128165

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST4047

CLARKE SCRUBBER-DRYER FOCU II

MICRO RIDER

26D

3.51014E+12

NILFISK ADVANCE INC. CLARKE FLOOR POLISHER CFP-2000DS 3000155449

CLARKE LTD FOCUS II BOOST L20 WET

BAT

FOCUS II

BOOST

800074036

RYOBI Electric Pressure Washer 2000 psi

RY141900 EU16405D17

RYOBI Electric Pressure Washer 2000 psi

RY141900 EU16405D17

TORNADO PACVAC 6 BACKPACK

VACUUM

PACVAC 6

ROAM

516001093

TORNADO PACVAC 6 BACKPACK

VACUUM

PACVAC 6

ROAM

18D001717

TORNADO PACVAC 6 BACKPACK

VACUUM

PACVAC 6

ROAM

18D001841

CLARKE CLEANER CADDY,

RESTROOM TFC 400

56380773 4000326362

CLARKE POLISHER, CLARKE CFP 2000

120/60

3000126279

TENNANT SPEED SCRUB-FLOOR

SCRUBBER

SPEED SCRUB

SS300-

10948386

NILFISK ADVANCE INC. CLARKE CLEAN TRACK L18 L18 N4000057079

CLARKE CLEAN TRACK L18 CARPET

EXTRACTOR

L-18 N4000058984

CLARKE INDUSTRIES INC 1500DC FLOOR CLEANER/

WAXER

1500DC 3000138681

CLARKE INDUSTRIES INC RIDE ON FLOOR SCRUBBER

FOCUS II 34IN DIS

56114032 3000138970

CLARKE SCRUBBER-DRYER FOCU II

MICRO RIDER

26D

3.51014E+12

NILFISK ADVANCE INC. CLARKE BOS-18

SANDER/SCRUBBER

BOS-18 3000159217

NILFISK ADVANCE INC. CLARKE FLOOR POLISHER CFP-2000 3000158580

NILFISK ADVANCE INC. CLARKE FLOOR POLISHER CFP-2000DS 3000155444

NILFISK ADVANCE INC. CLARKE CARPET/RUG

EXTRACTOR

BEXT PRO

100H

N4000070531

NILFISK ADVANCE INC. BURNISHER, ADVANCE

ADVOLUTION 20XP

ADVOLUTION

20XP

4000140995

TENNANT FLOOD SCRUBBER SPEEDSCRUB

RIDER

SSN-

10955379

CLOROX ELECTROSTATIC SPRAYER TOTAL 360

SYSTEM

115MST0741

CLOROX ELECTROSTATIC SPRAYER TOTAL 360

SYSTEM

115MST1389

CLOROX ELECTROSTATIC SPRAYER TOTAL 360

SYSTEM

115MST1389

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST3353

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST3984

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST3984

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST4047

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST3980

CLARKE CLEANER CADDY,

RESTROOM TFC 400

56380773 4000326360

CLARKE CLEANER CADDY,

RESTROOM TFC 400

56380773 4000327702

CLARKE CLEANER CADDY,

RESTROOM TFC 400

56380773 4000325792

CLARKE CLEANER CADDY,

RESTROOM TFC 400

56380773 4000325702

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST3983

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST4047

CLARKE MFG SCRUBBER, AUTO WALK

BEHIND

FOCUS II S20 8000087287

CLOROX ELECTROSTATIC SPRAYER TOTAL 360

SYSTEM

115MST1286

CLOROX ELECTROSTATIC SPRAYER TOTAL 360

SYSTEM

115MST1397

TORNADO PACVAC 6 BACKPACK

VACUUM

PACVAC 6

ROAM

18D001729

XENEX DISINFECTION

SERVICES INC

LIGHTSTRIKE GERM-

ZAPPING ROBOTS

LSMUV6-FT B000016

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST4047

ADVANCE MACHINE ALL PURPOSE MATADOR MATADOR 1066762

CLARKE MFG SCRUBBER, AUTO WALK

BEHIND

FOCUS II S20 8000087151

PACIFIC FLOORCARE SCRUBBER,ORBITAL WALK

BEHIND

S-28 114728

CLARKE CLEANER CADDY,

RESTROOM TFC 400

56380773 4000326369

NILFISK ADVANCE INC. CLARKE BOS-18

SANDER/SCRUBBER

BOS-18 3000154551

NILFISK ADVANCE INC. CLARKE FLOOR POLISHER CFP-2000DS 3000155445

NILFISK ADVANCE INC. CLARKE WET/DRY VACUUM MAXXI-11 75-1

WD

3.51014E+12

PACIFIC FLOORCARE SCRUBBER,ORBITAL WALK

BEHIND

S-28 115067

TENNANT BURNISHER, 27 INC SGR SGR-

10919758

ADVANCE MACHINE CARPET SHAMPOOER, 20 IN ALLPURPOSE 1082562

ADVANCE MACHINE 20 IN OUHS BURNISHER WHIRLAMATI

C 1188770

KARCHER SCRUBBING MACH FLOOR TORNADO

B400

84153

SANITAIRE VACUUM, ELECT WET VAC 2 10921

CLARKE CLARKE CLEAN TRACK L18 L18 N4000057083

CLARKE CLEAN TRACK L18 CARPET

EXTRACTOR

L-18 N4000058972

CLARKE CLEAN TRACK L18 CARPET

EXTRACTOR

L-18 N4000059028

CLARKE WET/DRY VAC WITH

SQUEEGEE

SUMMIT 13 1140157458

CLARKE 26IN WALK BEHING FLOOR

SCRUBBER

DISC26 N4000062004

CLARKE 26IN WALK BEHING FLOOR

SCRUBBER

DISC26 N4000062005

CLARKE 26IN WALK BEHING FLOOR

SCRUBBER

DISC26 N4000062001

CLARKE INDUSTRIES INC RIDE ON FLOOR SCRUBBER

FOCUS II 34IN DIS

56114032 3000138971

CLARKE SCRUBBER-DRYER FOCU II

MICRO RIDER

26D

3.51014E+12

NILFISK ADVANCE INC. CLARKE VANTAGE 14

SCRUBBER DRYER

9087345020 S 3.51014E+12

NILFISK ADVANCE INC. CLARKE BOS-18

SANDER/SCRUBBER

BOS-18 3000159219

NILFISK ADVANCE INC. CLARKE CARPET/RUG

EXTRACTOR

BEXT PRO

100H

N4000070433

NILFISK ADVANCE INC. CLARKE CARPET/RUG

EXTRACTOR

BEXT PRO

100H

N4000070534

CLARKE MFG SCRUBBER, AUTO WALK

BEHIND

FOCUS II S20 8000087148

CLARKE MFG SCRUBBER, AUTO WALK

BEHIND

FOCUS II S20 8000087149

NILFISK ADVANCE INC. BURNISHER, ADVANCE

ADVOLUTION 20XP

ADVOLUTION

20XP

4000149583

PACIFIC FLOORCARE SCRUBBER,ORBITAL WALK

BEHIND

S-28 114987

PACIFIC FLOORCARE SCRUBBER,ORBITAL WALK

BEHIND

S-28 115039

PACIFIC FLOORCARE SCRUBBER, ORBITAL HAND

HELD

FM-28 ORB 115147

PACIFIC FLOORCARE SCRUBBER, ORBITAL HAND

HELD

FM-28 ORB 115148

TENNANT BURNISHER, 27 INC SGR SGR-

10919760

TENNANT BURNISHER, 27 INC SGR SGR-

10919759

TENNANT FLOOR SCRUBBER, 20IN

1.5HP

FM-20-SS 10922737

TENNANT FLOOR SCRUBBER, 20IN

1.5HP

FM-20-SS 10922921

TENNANT SCRUBBER STRIVE STRIVE-

10939008

TENNANT SCRUBBER STRIVE STRIVE-

10938044

TENNANT SCRUBBER STRIVE STRIVE-

10935864

TENNANT SPEED SCRUB-FLOOR

SCRUBBER

SPEED SCRUB

SS300-

10948387

TENNANT WET/ DRY VACUUM 1.6HP V-WD-24P V-WD-

24P00000000

TENNANT WET/ DRY VACUUM 1.6HP V-WD-24P V-WD-

24P00000000

TENNANT WET/ DRY VACUUM 1.6HP V-WD-24P V-WD-

24P00000000

TENNANT WET/ DRY VACUUM 1.6HP V-WD-24P V-WD-

24P00000000

TENNANT WET/ DRY VACUUM 1.6HP V-WD-24P V-WD-

24P00000000

TENNANT WET/ DRY VACUUM 1.6HP V-WD-24P V-WD-

24P00000000

CLOROX ELECTROSTATIC SPRAYER TOTAL 360

SYSTEM

115MST1389

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST3349

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST3984

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST4047

CLARKE CLEANER CADDY,

RESTROOM TFC 400

56380773 4000325791

CLARKE FOCUS II CLARKE

SCRUBBER- DRYER FLOOR

CL

FOCUS IIL-20 8000075149

PACIFIC FLOORCARE FLOOR POLISHER MACHINE FM-20HD 72572

PACIFIC FLOORCARE FLOOR POLISHER MACHINE FM-20HD 72573

NILFISK ADVANCE INC. CLARKE ULTRASPEED

SCRUBBER

ULTRASPEED

20T

3000160939

CLOROX ELECTROSTATIC SPRAYER TOTAL 360

SYSTEM

115MST1397

TENNANT FLOOR SCRUBBER, WALK

BEHIND

I-MOP XL P300632

TENNANT FLOOR SCRUBBER, WALK

BEHIND

I-MOP XL P300639

ADVANCE MACHINE MATADOR SUPER

POLISHER/SCRUBBER-20 IN

DI

MATADORSUP

ER20S

VA7543

ADVANCE MACHINE MATADOR SUPER

POLISHER/SCRUBBER-20 IN

DI

MATADORSUP

ER20S

87379

TORNADO SCRUBBING MACH FLOOR TORNADO

B400

84154

TENNANT Scrubber, 50cm Drive T3ech20 900400- 10445030

TENNANT Scrubber, 50cm Drive T3ech20 900400- 10445033

ADVANCE MACHINE burnisher, walk behind 20bt HI2200

CLARKE LTD CLEAN TRACK 18 CLEAN TRACK

18 W/R N400045039

CLARKE LTD FOCUS II BOOST L20 WET

BAT

FOCUS II

BOOST

8000074041

CLARKE FOCUS II CLARKE

SCRUBBER- DRYER FLOOR

CL

FOCUS IIL-20 8000075146

CLARKE FOCUS II CLARKE

SCRUBBER- DRYER FLOOR

CL

FOCUS IIL-20 8000075147

CLARKE FOCUS II CLARKE

SCRUBBER- DRYER FLOOR

CL

FOCUS IIL-20 8000075150

CLARKE FOCUS II CLARKE

SCRUBBER- DRYER FLOOR

CL

FOCUS IIL-20 8000075148

CLARKE CLARKE CLEAN TRACK L18 L18 N4000057260

CLARKE POLISHER, CLARKE CFP 2000

120/60 3000126280

CLARKE VACCUM 20 GALLON

WE/DRY w/ SQUEEGEE

02186A 3.51031E+11

CLARKE POLISHING MACHINE

ULTRA SPEED BURNISHER

01550A 3000134161

CLARKE POLISHING MACHINE

ULTRA SPEED BURNISHER

01550A 3000134157

CLARKE POLISHING MACHINE

ULTRA SPEED BURNISHER

01550A 3000134160

CLARKE WET/DRY VAC WITH

SQUEEGEE

SUMMIT 13 1140157459

CLARKE ULTRASPEED 1500DC

BURNISHER

1500DC/240V 3000135779

CLARKE INDUSTRIES INC 1500DC FLOOR CLEANER/

WAXER

1500DC 3000138885

NILFISK ADVANCE INC. CLARKE VANTAGE 14

SCRUBBER DRYER

9087345020 S 3.51014E+12

NILFISK ADVANCE INC. CLARKE VANTAGE 14

SCRUBBER DRYER

9087345020 S 3.51014E+12

NILFISK ADVANCE INC. CLARKE VANTAGE 14

SCRUBBER DRYER

9087345020 S 3.51014E+12

NILFISK ADVANCE INC. CLARKE ULTRASPEED

SCRUBBER

ULTRASPEED

20T

3000160937

NILFISK ADVANCE INC. CLARKE ULTRASPEED

SCRUBBER

ULTRASPEED

20T

3000160938

NILFISK ADVANCE INC. CLARKE FLOOR POLISHER CFP-2000 3000159443

NILFISK ADVANCE INC. CLARKE FLOOR POLISHER CFP-2000 3000159489

NILFISK ADVANCE INC. CLARKE FLOOR POLISHER CFP-2000DS 3000160958

NILFISK ADVANCE INC. CLARKE WET/DRY VACUUM MAXXI-11 75-1

WD

3.51014E+12

NILFISK ADVANCE INC. CLARKE WET/DRY VACUUM MAXXI-11 75-1

WD

3.51014E+12

CLARKE MFG SCRUBBER, AUTO WALK

BEHIND

FOCUS II S20 8000087150

CLARKE MFG SCRUBBER, AUTO WALK

BEHIND

FOCUS II S20 8000087284

CLARKE MFG SCRUBBER, AUTO WALK

BEHIND

FOCUS II S20 8000087146

CLARKE MFG SCRUBBER, AUTO WALK

BEHIND

FOCUS II S20 8000087147

CLARKE MFG SCRUBBER, AUTO WALK

BEHIND

FOCUS II S20 8000087286

UNGER PRESSURE WASHER HYDRO-

POWER

NILFISK ADVANCE INC. BURNSIHER, ADVANCE

ADVOLUTION 20XP

ADVOULUTIO

N 20XP

4000149582

NILFISK ADVANCE INC. BURNISHER, ADVANCE

ADVOLUTION 20XP

ADVOLUTION

20XP

4000126964

PACIFIC FLOORCARE SCRUBBER, ORBITAL HAND

HELD

FM-28 ORB 115145

TENNANT FLOOR SCRUBBER, 20IN

1.5HP

FM-20-SS 10922739

TENNANT FLOOR SCRUBBER, 20IN

1.5HP

FM-20-SS 10922738

TENNANT FLOOR SCRUBBER, 20IN

1.5HP

FM-20-SS 10922923

TENNANT FLOOR SCRUBBER, 20IN

1.5HP

FM-20-SS 10922922

TENNANT SCRUBBER STRIVE STRIVE-

10935863

TENNANT SPEED SCRUB-FLOOR

SCRUBBER

SPEED SCRUB

SS300-

10948306

TENNANT SPEED SCRUB-FLOOR

SCRUBBER

SPEED SCRUB

SS300-

10948305

CLOROX ELECTROSTATIC SPRAYER TOTAL 360

SYSTEM

115MST0722

CLOROX ELECTROSTATIC SPRAYER TOTAL 360

SYSTEM

115MST1389

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST3984

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST2838

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST3980

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

1153ST39808

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST3980

CLARKE CLEANER CADDY,

RESTROOM TFC 400

56380773 4000326367

ADVANCE MACHINE FLOOR STRIPPER WHIRLAMATI

C 20 ULTRA

1243379

ADVANCE MACHINE SHAM,MACH CPT&RUG MATADOR 20

inch

1689607

NILFISK ADVANCE INC. POLISHER FLOOR,ELECT PACESETTER

20HD

FH1694

TENNANT SCRUBBING MACH FLOOR T-3 900358-

10401756

CLARKE LTD WET/DRY VACCUM SUMMIT 20 3.50101E+13

CLARKE CLARKE PLOISHER-CFP-130 CFP-130-

PLOSHER

3000128166

CLARKE POLISHING MACHINE

ULTRA SPEED BURNISHER

01550A 3000134159

CLARKE CLEAN TRACK L18 CARPET

EXTRACTOR

L-18 N4000059032

CLARKE CLEAN TRACK L18 CARPET

EXTRACTOR

L-18 N4000059039

CLARKE WET/DRY VAC WITH

SQUEEGEE

SUMMIT 13 1140157457

CLARKE 26IN WALK BEHING FLOOR

SCRUBBER

DISC26 N4000062002

CLARKE SCRUBBER-DRYER FOCU II

MICRO RIDER

26D

3.51014E+12

CLARKE SCRUBBER-DRYER FOCU II

MICRO RIDER

26D

3.51014E+12

NILFISK ADVANCE INC. CLARKE VANTAGE 14

SCRUBBER DRYER

9087345020 S 3.51014E+12

NILFISK ADVANCE INC. CLARKE VANTAGE 14

SCRUBBER DRYER

9087345020 S 3.51014E+12

NILFISK ADVANCE INC. CLARKE BOS-18

SANDER/SCRUBBER

BOS-18 3000159203

NILFISK ADVANCE INC. CLARKE BOS-18

SANDER/SCRUBBER

BOS-18 3000159208

NILFISK ADVANCE INC. CLARKE BOS-18

SANDER/SCRUBBER

BOS-18 3000159211

NILFISK ADVANCE INC. CLARKE ULTRASPEED

SCRUBBER

ULTRASPEED

20T

3000159028

NILFISK ADVANCE INC. CLARKE FLOOR POLISHER CFP-2000 3000158579

NILFISK ADVANCE INC. CLARKE WET/DRY VACUUM MAXXI-11 75-1

WD

3.51014E+12

CLARKE MFG SCRUBBER, AUTO WALK

BEHIND

FOCUS II S20 8000087285

PACIFIC FLOORCARE SCRUBBER,ORBITAL WALK

BEHIND

S-28 115020

PACIFIC FLOORCARE SCRUBBER, ORBITAL HAND

HELD

FM-28 ORB 115208

TENNANT FLOOR SCRUBBER, 20IN

1.5HP

FM-20-SS 10926430

TENNANT FLOOR SCRUBBER, 20IN

1.5HP

FM-20-SS 10926429

TENNANT FLOOR SCRUBBER, 20IN

1.5HP

FM-20-SS 10922736

NOBLES SPEEDGLEAM RIDER

BURNISHER

CBHF2-R 2206492

CLOROX ELECTROSTATIC SPRAYER TOTAL 360

SYSTEM

115MST0720

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST3350

CLOROX CLOROX MACHINE

SPRAYER

SPRAYER

MACHINE

115MST3353

CLARKE CLEANER CADDY,

RESTROOM TFC 400

56380773 4000326361

CLARKE CLEANER CADDY,

RESTROOM TFC 400

56380773 4000327698

ADVANCE MACHINE CARPET SHAMPOOER, 20 IN ALLPURPOSE 1082560

ADVANCE MACHINE VACUUM,CLN CARPETWIN

VACUUMS

1694888

PACIFIC FLOORCARE FLOOR POLISHER MACHINE FM-20HD 72574

TENNANT POWERED WALK SWEEPER SCOUT 5 5003016

CLOROX ELECTROSTATIC SPRAYER TOTAL 360

SYSTEM

115MST1389

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

EFT.

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

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

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 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.