SOLICITATION_PACKAGE_16R0004.pdf

August 18, 2011

December 21, 2015

Subject: Solicitation No.: SGE500-16-R-0004 – Disposal of Refuse / Dumpster Services

Dear Ladies and Gentlemen:

The Regional Procurement Support Office (RPSO) would like to invite your company to submit an Offer for refuse disposal services as stated above. This solicitation will result in issuance of an Indefinite-Delivery-Indefinite-Quantity (IDIQ) contract; the Government reserves the right to cancel this solicitation in part or in full, as necessary.

The complete solicitation package is provided to you by e-mail. This Request for Quotation has been prepared in the Commercial Items format. Use of the specifications for purposes other than submitting a proposal under this solicitation is prohibited. All literature and discussions pertaining to this project will be in the English language. If you intend to submit an Offer, you should thoroughly examine all documents contained in the solicitation package.

Questions shall be submitted as soon as possible and no later than four (4) calendar days before the deadline for submission of offers. Any questions you may have concerning the solicitation document should be submitted in writing via email to Hannelore Godecki: GodeckiH@state.gov so that a response could be provided prior to the solicitation closing date.

In order to facilitate communications, it is strongly recommended that you simultaneously transmit your questions to: FrankfurtSSB@state.gov .

The original Offer shall be submitted per hand-delivery or via postal courier services, in a sealed envelope marked “OFFER – SGE500-16-R-0004” on or before January 18, 2016, no later than 4:00 p.m. (local time) at:

American Consulate General Regional Procurement Support Office Attention: Hannelore Godecki Giessener Strasse 30 60435 Frankfurt Germany

AMERICAN CONSULATE GENERAL

Regional Procurement Support Office

Giessener Strasse 30 60435 Frankfurt

Tel. 069-7535-3345 Email:Godeckih@state.gov

No offer will be accepted after this time. It is requested that a copy of the Offer be emailed simultaneously to the following email-address: GodeckiH@state.gov – Subject: “OFFER –

SGE500-16-R-0004”

The Offer shall consist of the following sections to be completed and/or the requirements thereof, fulfilled, as follows:

1. Standard Form SF1449 – Please complete Section I, the Price Schedule for the Base Year, and Option Year 1 to Option Year 4.

2. Section IV, Evaluation Factors – Please fulfill the requirements in accordance with the listed elements to determine acceptability of offers.

3. Section V, Representations and Certifications – Please fulfill and complete as required.

Interested parties are strongly encouraged to provide an e-mail address in order to facilitate communication.

Each offeror will be responsible for determining the amount of labor and materials that will be required to complete the project, and for pricing their proposal accordingly. Further, each offeror is responsible for furnishing complete information to its subcontractors and suppliers.

Subcontractors and suppliers shall not be referred to the U. S. Government concerning the requirement.

The Contracting Officer reserves the right to reject any and all proposals and to waive any information or minor irregularities in proposals received. In addition, the Contracting Officer reserves the right to establish a competitive range of one or more offerors and to conduct further negotiations concerning price and other terms before awarding a contract, or to award the contract based upon initial proposals received without holding discussions.

Thank you for your interest in this U.S. Government Procurement project.

Sincerely, [original signed]

David A. Cubitt Contract Officer

SOLICITATION

DOCUMENT

Solicitation No. SGE500-16-R-0004

Disposal of Refuse / Dumpster Services

American Consulate General Regional Procurement Support Office Giessener Strasse 30 60435 Frankfurt am Main, SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

SGE50016R0004

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

DATE

12/21/2015

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Hannelore Godecki

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL godeckih@state.gov

8. OFFER DUE DATE / LOCAL

TIME

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

9. ISSUED BY X 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:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

MULTICODE15. DELIVER TO

SEE

SEE TEXT

line items Multi, XX 00000

CODE16. ADMINISTERED BY

FACILITY

CODE

CODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR FRANKCODE18a. PAYMENT WILL BE MADE BY

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: DBO

FRANKFURT, 60435

GERMANY

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

OFFER SEE ADDENDUM

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

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

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

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

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 ARE ARE NOT ATTACHED

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ON

SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE 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 THE CONTRACTING OFFICER (TYPE OR PRINT)

David A. Cubitt 31c. DATE SIGNED

12/21/2015

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SGE50016R0004

SGE500-16-R-0004 Disposal of Refuse / Dumpster Services

TABLE OF CONTENTS

Page #

SF-1449 1

Table of Contents 2

Section I - THE SCHEDULE

1. Supplies & Prices 3 – 11

Minimum and Maximum Amounts 12

2. Warranty 12

3. Abbreviations/Definitions 12

4. Ordering Procedures 12/13

5. Delivery and Collection Requirements 13

6. Value Added Tax (Mehrwertsteuer) 13

7. Place of Delivery/Performance 13

8. Submission of Invoices 13/14

9. Work Hours 14

10. Personnel Requirements 14/15

11. Material and Equipment 15

12. Insurance 15/16

13. Safety 16

14. Laws and Regulations 16

15. Type of Contract 16

16. Period of Performance 16

Section II - Contract Clauses 17 – 39 Contract Clauses, Addendum to Contract Clauses - FAR and DOSAR Clauses not pre scribed in FAR Part 12

Section III - Solicitation Provisions 39 – 54 Solicitation Provisions

Addendum to Solicitation Provisions – FAR and DOSAR Clauses not prescribed in FAR Part 12

Section IV - Evaluation Factors 54 Evaluation Factors, Addendum to Evaluation Factors – FAR and DOSAR Provisions not prescribed in FAR Part 12

Section V - Offeror Representation and Certification 55 - 68 Offeror Representations and Certifications, Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not prescribed in FAR Part 12

Evaluation of Options 68

001 0.00 TN

Doc Ref No:

Delivery Date

FOB:

SECTION I - THE SCHEDULE

1. SUPPLIES AND PRICES

The contractor shall provide refuse services for the American Consulate General Frankfurt, the Carl Schurz Siedlung in Frankfurt and several residences located in the Frankfurt metropolitan area. The Contractor shall provide rental services for various types of refuse containers and compactors, and the collection and disposal of the refuse from these containers.

The quantities listed in Attachment “A” are estimated. The Contractor shall provide the types of equipment and services as described below, the price offered shall include all labor, materials, transportation, equipment, over-head profit, and the cost of observance of all related German environmental protection laws and regulations.

Any applicable “administrative fee” shall be included in each line-item pricing; no additional fee shall be charged separately.

The Contractor shall provide pricing for the Base Year and four (4) Option Years – see following pages.

The unit price for delivery and pick up of a dumpster shall be for 7m³, 10m³, 20m³ and 40m³dumpsters. Dump-ster content is measured in tons.10 dumpster 10m³ and 4 dumpster 40m³ are permanently on site.

The remainder of this page stays intentionally blank.

SGE50016R0004

Line Item Summary

Solicitation Number:

SGE50016R0004

Contract Number: Title: FRA-FAC Disposal of Refuse / Dumpster Services

Date of Solicitation:

12/21/2015

Line Item No. Description Quantity Unit Unit Price Total Cost

Base Year:

CLIN DESCRIPTION

EST.

QTY

UNIT

UNIT

PRICE

EURO

TOTAL

PRICE EURO

0001 20 M3 COMPACTOR (GOVERNMENT OWNED) FOR COMPRESSED PAPER

0001A REFUSE COLLECTION 12 COL

0001B REFUSE AMOUNT / TONNAGE 20 TON

DUMPSTER FOR MIXED CONSTRUCTION DEBRIS AND MIXED PACKAGING

(GEM. BAU- UND ABBRUCHABFÄLLE, GEM. VERPACKUNG UND GEM.

SIEDLUNGSABFÄLLE)

0002A REFUSE COLLECTION 64 COL

0002B REFUSE AMOUNT / TONNAGE 175 TON

0003 DUMPSTER FOR MIXED GARBAGE (SPERRMUELL)

0003A REFUSE COLLECTION 12 COL

0003B REFUSE AMOUNT / TONNAGE 32 TON

DUMPSTER FOR NON COUNTABLE, ELECTRONIC REFUSE

(ELEKTROSCHROTT)

0004A REFUSE COLLECTION 15 COL

0004B REFUSE AMOUNT / TONNAGE 20 TON

0005 DUMPSTER FOR ORGANIC TRASH (GRÜNSCHNITT)

0005A REFUSE COLLECTION 6 COL

0005B REFUSE AMOUNT / TONNAGE 10 TON

0006 DUMPSTER FOR METAL, SHEET METAL AND SCRAP METAL (SCHROTT)

0006A REFUSE COLLECTION 10 COL

0006B REFUSE AMOUNT / TONNAGE 8 TON

0007 DUMPSTER FOR WOOD A II (HOLZ A II)

0007A REFUSE COLLECTION 18 COL

0007B REFUSE AMOUNT / TONNAGE 38 TON

0008 DUMPSTER FOR WOOD A IV (HOLZ A IV)

0008A REFUSE COLLECTION 3 COL

0008B REFUSE AMOUNT / TONNAGE 6 TON

0009 DUMPSTER (WITH COVER) FOR ROCK WOOK (MINERALWOLLE)

0009A

REFUSE COLLECTION INCL. HANDLING FEES FOR

HAZARDOUS WASTE (ÜBERNAHMESCHEIN)

6 COL

0009B REFUSE AMOUNT / TONNAGE 6 TON

0010 DUMPSTER FOR CONSTRUCTION DEBRIS (BAUSCHUTT)

0010A REFUSE COLLECTION 8 COL

0010B REFUSE AMOUNT / TONNAGE 68 TON

0011 RENTAL OF 10M³ COMPACTOR FOR COMPRESSED PAPER

0011A REFUSE COLLECTION 12 COL

0011B REFUSE AMOUNT / TONNAGE 10 TON

0011C RENTAL OF COMPACTOR / MONTH 12 MON

DUMPSTER WITH COVER (LOCKABLE) FOR COMPUTER HARDWARE (FOR

RIMC USE ONLY)

0012A REFUSE COLLECTION 6 COL

0012B REFUSE AMOUNT / TONNAGE 12 TON

SUB-

TOTAL

19%

VAT

TOTAL

BASE

YEAR

Option Year 1:

EST.

QTY

UNIT

UNIT

PRICE

EURO

TOTAL

PRICE EURO

1001 20 M3 COMPACTOR (GOVERNMENT OWNED) FOR COMPRESSED PAPER

1001A REFUSE COLLECTION 12 COL

1001B REFUSE AMOUNT / TONNAGE 20 TON

1002 DUMPSTER FOR MIXED CONSTRUCTION DEBRIS AND MIXED PACKAGING

(GEM. BAU- UND ABBRUCHABFÄLLE, GEM. VERPACKUNG UND GEM.

SIEDLUNGSABFÄLLE)

1002A REFUSE COLLECTION 64 COL

1002B REFUSE AMOUNT / TONNAGE 175 TON

1003 DUMPSTER FOR MIXED GARBAGE (SPERRMUELL)

1003A REFUSE COLLECTION 12 COL

1003B REFUSE AMOUNT / TONNAGE 32 TON

1004 DUMPSTER FOR NON COUNTABLE, ELECTRONIC REFUSE

(ELEKTROSCHROTT)

1004A REFUSE COLLECTION 15 COL

1004B REFUSE AMOUNT / TONNAGE 20 TON

1005 DUMPSTER FOR ORGANIC TRASH (GRÜNSCHNITT)

1005A REFUSE COLLECTION 6 COL

1005B REFUSE AMOUNT / TONNAGE 10 TON

1006 DUMPSTER FOR METAL, SHEET METAL AND SCRAP METAL (SCHROTT)

1006A REFUSE COLLECTION 10 COL

1006B REFUSE AMOUNT / TONNAGE 8 TON

1007 DUMPSTER FOR WOOD A II (HOLZ A II)

1007A REFUSE COLLECTION 18 COL

1007B REFUSE AMOUNT / TONNAGE 38 TON

1008 DUMPSTER FOR WOOD A IV (HOLZ A IV)

1008A REFUSE COLLECTION 3 COL

1008B REFUSE AMOUNT / TONNAGE 6 TON

1009 DUMPSTER (WITH COVER) FOR ROCK WOOK (MINERALWOLLE)

1009A REFUSE COLLECTION INCL. HANDLING FEES FOR

HAZARDOUS WASTE (ÜBERNAHMESCHEIN)

6 COL

1009B REFUSE AMOUNT / TONNAGE 6 TON

1010 DUMPSTER FOR CONSTRUCTION DEBRIS (BAUSCHUTT)

1010A REFUSE COLLECTION 8 COL

1010B REFUSE AMOUNT / TONNAGE 68 TON

1011 RENTAL OF 10M³ COMPACTOR FOR COMPRESSED PAPER

1011A REFUSE COLLECTION 12 COL

1011B REFUSE AMOUNT / TONNAGE 10 TON

1011C RENTAL OF COMPACTOR / MONTH 12 MON

1012 DUMPSTER WITH COVER (LOCKABLE) FOR COMPUTER HARDWARE (FOR

RIMC USE ONLY)

1012A REFUSE COLLECTION 6 COL

1012B REFUSE AMOUNT / TONNAGE 12 TON

SUB-

TOTAL

19%

VAT

TOTAL

OPTION

YEAR 1

Option Year 2:

EST.

QTY

UNIT

UNIT

PRICE

EURO

TOTAL

PRICE EURO

2001 20 M3 COMPACTOR (GOVERNMENT OWNED) FOR COMPRESSED PAPER

2001A REFUSE COLLECTION 12 COL

2001B REFUSE AMOUNT / TONNAGE 20 TON

DUMPSTER FOR MIXED CONSTRUCTION DEBRIS AND MIXED PACKAGING

(GEM. BAU- UND ABBRUCHABFÄLLE, GEM. VERPACKUNG UND GEM.

SIEDLUNGSABFÄLLE)

2002A REFUSE COLLECTION 64 COL

2002B REFUSE AMOUNT / TONNAGE 175 TON

2003 DUMPSTER FOR MIXED GARBAGE (SPERRMUELL)

2003A REFUSE COLLECTION 12 COL

2003B REFUSE AMOUNT / TONNAGE 32 TON

DUMPSTER FOR NON COUNTABLE, ELECTRONIC REFUSE

(ELEKTROSCHROTT)

2004A REFUSE COLLECTION 15 COL

2004B REFUSE AMOUNT / TONNAGE 20 TON

2005 DUMPSTER FOR ORGANIC TRASH (GRÜNSCHNITT)

2005A REFUSE COLLECTION 6 COL

2005B REFUSE AMOUNT / TONNAGE 10 TON

2006 DUMPSTER FOR METAL, SHEET METAL AND SCRAP METAL (SCHROTT)

2006A REFUSE COLLECTION 10 COL

2006B REFUSE AMOUNT / TONNAGE 8 TON

2007 DUMPSTER FOR WOOD A II (HOLZ A II)

2007A REFUSE COLLECTION 18 COL

2007B REFUSE AMOUNT / TONNAGE 38 TON

2008 DUMPSTER FOR WOOD A IV (HOLZ A IV)

2008A REFUSE COLLECTION 3 COL

2008B REFUSE AMOUNT / TONNAGE 6 TON

2009 DUMPSTER (WITH COVER) FOR ROCK WOOK (MINERALWOLLE)

2009A

REFUSE COLLECTION INCL. HANDLING FEES FOR

HAZARDOUS WASTE (ÜBERNAHMESCHEIN)

6 COL

2009B REFUSE AMOUNT / TONNAGE 6 TON

2010 DUMPSTER FOR CONSTRUCTION DEBRIS (BAUSCHUTT)

2010A REFUSE COLLECTION 8 COL

2010B REFUSE AMOUNT / TONNAGE 68 TON

2011 RENTAL OF 10M³ COMPACTOR FOR COMPRESSED PAPER

2011A REFUSE COLLECTION 12 COL

2011B REFUSE AMOUNT / TONNAGE 10 TON

2011C RENTAL OF COMPACTOR / MONTH 12 MON

DUMPSTER WITH COVER (LOCKABLE) FOR COMPUTER HARDWARE (FOR

RIMC USE ONLY)

2012A REFUSE COLLECTION 6 COL

2012B REFUSE AMOUNT / TONNAGE 12 TON

SUB-

TOTAL

19%

VAT

TOTAL

OPTION

YEAR 2

Option Year 3:

EST.

QTY

UNIT

UNIT

PRICE

EURO

TOTAL

PRICE EURO

3001 20 M3 COMPACTOR (GOVERNMENT OWNED) FOR COMPRESSED PAPER

3001A REFUSE COLLECTION 12 COL

3001B REFUSE AMOUNT / TONNAGE 20 TON

DUMPSTER FOR MIXED CONSTRUCTION DEBRIS AND MIXED PACKAGING

(GEM. BAU- UND ABBRUCHABFÄLLE, GEM. VERPACKUNG UND GEM.

SIEDLUNGSABFÄLLE)

3002A REFUSE COLLECTION 64 COL

3002B REFUSE AMOUNT / TONNAGE 175 TON

3003 DUMPSTER FOR MIXED GARBAGE (SPERRMUELL)

3003A REFUSE COLLECTION 12 COL

3003B REFUSE AMOUNT / TONNAGE 32 TON

DUMPSTER FOR NON COUNTABLE, ELECTRONIC REFUSE

(ELEKTROSCHROTT)

3004A REFUSE COLLECTION 15 COL

3004B REFUSE AMOUNT / TONNAGE 20 TON

3005 DUMPSTER FOR ORGANIC TRASH (GRÜNSCHNITT)

3005A REFUSE COLLECTION 6 COL

3005B REFUSE AMOUNT / TONNAGE 10 TON

3006 DUMPSTER FOR METAL, SHEET METAL AND SCRAP METAL (SCHROTT)

3006A REFUSE COLLECTION 10 COL

3006B REFUSE AMOUNT / TONNAGE 8 TON

3007 DUMPSTER FOR WOOD A II (HOLZ A II)

3007A REFUSE COLLECTION 18 COL

3007B REFUSE AMOUNT / TONNAGE 38 TON

3008 DUMPSTER FOR WOOD A IV (HOLZ A IV)

3008A REFUSE COLLECTION 3 COL

3008B REFUSE AMOUNT / TONNAGE 6 TON

3009 DUMPSTER (WITH COVER) FOR ROCK WOOK (MINERALWOLLE)

3009A

REFUSE COLLECTION INCL. HANDLING FEES FOR

HAZARDOUS WASTE (ÜBERNAHMESCHEIN)

6 COL

3009B REFUSE AMOUNT / TONNAGE 6 TON

3010 DUMPSTER FOR CONSTRUCTION DEBRIS (BAUSCHUTT)

3010A REFUSE COLLECTION 8 COL

3010B REFUSE AMOUNT / TONNAGE 68 TON

3011 RENTAL OF 10M³ COMPACTOR FOR COMPRESSED PAPER

3011A REFUSE COLLECTION 12 COL

3011B REFUSE AMOUNT / TONNAGE 10 TON

3011C RENTAL OF COMPACTOR / MONTH 12 MON

DUMPSTER WITH COVER (LOCKABLE) FOR COMPUTER HARDWARE (FOR

RIMC USE ONLY)

3012A REFUSE COLLECTION 6 COL

3012B REFUSE AMOUNT / TONNAGE 12 TON

SUB-

TOTAL

19%

VAT

TOTAL

OPTION

YEAR 3

Option Year 4:

EST.

QTY

UNIT

UNIT

PRICE

EURO

TOTAL

PRICE EURO

4001 20 M3 COMPACTOR (GOVERNMENT OWNED) FOR COMPRESSED PAPER

4001A REFUSE COLLECTION 12 COL

4001B REFUSE AMOUNT / TONNAGE 20 TON

DUMPSTER FOR MIXED CONSTRUCTION DEBRIS AND MIXED PACKAGING

(GEM. BAU- UND ABBRUCHABFÄLLE, GEM. VERPACKUNG UND GEM.

SIEDLUNGSABFÄLLE)

4002A REFUSE COLLECTION 64 COL

4002B REFUSE AMOUNT / TONNAGE 175 TON

4003 DUMPSTER FOR MIXED GARBAGE (SPERRMUELL)

4003A REFUSE COLLECTION 12 COL

4003B REFUSE AMOUNT / TONNAGE 32 TON

DUMPSTER FOR NON COUNTABLE, ELECTRONIC REFUSE

(ELEKTROSCHROTT)

4004A REFUSE COLLECTION 15 COL

4004B REFUSE AMOUNT / TONNAGE 20 TON

4005 DUMPSTER FOR ORGANIC TRASH (GRÜNSCHNITT)

4005A REFUSE COLLECTION 6 COL

4005B REFUSE AMOUNT / TONNAGE 10 TON

4006 DUMPSTER FOR METAL, SHEET METAL AND SCRAP METAL (SCHROTT)

4006A REFUSE COLLECTION 10 COL

4006B REFUSE AMOUNT / TONNAGE 8 TON

4007 DUMPSTER FOR WOOD A II (HOLZ A II)

4007A REFUSE COLLECTION 18 COL

4007B REFUSE AMOUNT / TONNAGE 38 TON

4008 DUMPSTER FOR WOOD A IV (HOLZ A IV)

4008A REFUSE COLLECTION 3 COL

4008B REFUSE AMOUNT / TONNAGE 6 TON

4009 DUMPSTER (WITH COVER) FOR ROCK WOOK (MINERALWOLLE)

4009A

REFUSE COLLECTION INCL. HANDLING FEES FOR

HAZARDOUS WASTE (ÜBERNAHMESCHEIN)

6 COL

4009B REFUSE AMOUNT / TONNAGE 6 TON

4010 DUMPSTER FOR CONSTRUCTION DEBRIS (BAUSCHUTT)

4010A REFUSE COLLECTION 8 COL

4010B REFUSE AMOUNT / TONNAGE 68 TON

4011 RENTAL OF 10M³ COMPACTOR FOR COMPRESSED PAPER

4011A REFUSE COLLECTION 12 COL

4011B REFUSE AMOUNT / TONNAGE 10 TON

4011C RENTAL OF COMPACTOR / MONTH 12 MON

DUMPSTER WITH COVER (LOCKABLE) FOR COMPUTER HARDWARE (FOR

RIMC USE ONLY)

4012A REFUSE COLLECTION 6 COL

4012B REFUSE AMOUNT / TONNAGE 12 TON

SUB-

TOTAL

19%

VAT

TOTAL

OPTION

YEAR 4

TOTAL PRICE EURO

ESTIMATED TOTAL BASE YEAR:

ESTIMATED TOTAL OPTION YEAR 1:

ESTIMATED TOTAL OPTION YEAR 2:

ESTIMATED TOTAL OPTION YEAR 3:

ESTIMATED TOTAL OPTION YEAR 4:

ESTIMATED CONTRACT TOTAL:

Minimum and Maximum Amounts

During each year of the contract, the Government shall issue Delivery Orders totaling a minimum amount of EUR 2,000.00, including VAT. This reflects the contract minimum for each period of performance.

During each year of the contract, the Government shall issue Delivery Orders totaling a maximum amount of EUR 100,000.00 including VAT. This reflects the contract maximum for each period of performance.

2. WARRANTY

The Contractor shall provide all supplies required under this contract with the most favorable commercial war-ranties the Contractor offers any customer for such supplies. The rights and remedies provided herein are in ad-dition to and do not limit any rights afforded the Government by any other Clause of this contract including the FAR Clause 52.212-4(o).

3. ABBREVIATIONS /DEFINITIONS

Contracting Officer’s Representative (COR) Government (U.S. Government) Collection (COL) Ton (TON) Euros (EUR) Each (EA) Kilogram (KG) Month (MO)

“Delivery Order” is defined as a funded order placed against an established contract by the Contracting Officer.

“Task Order” is defined as a written order from the COR, instructing the Contractor to perform pre-funded supplies or services.

“Refuse collection” is defined as pick-up and delivery of containers with or without trash, as the case may be.

4. ORDERING PROCEDURES

The Contracting Officer will issue funded Delivery Order(s) against this contract. Only written Delivery Orders shall be the basis for the purchase or procurement of services in accordance with the terms and conditions of the contract.

Each Delivery Order shall contain the following information:

1) Date of order;

2) Contract number

3) Order number;

4) Quantity and unit price;

5) Accounting and appropriation data;

6) Any other pertinent information or special instructions.

Issuance of Delivery order(s) allows the COR to place written Task Order(s) for refuse collection and container placement. Upon receipt of a Task order, the Contractor shall coordinate all delivery and pickup’s with the Fa-cility Maintenance Office (FAC) at Giessener Str. 30 60435 Frankfurt, Telephone 069-7535-5829 or Fax 069-7535 5837. Coordination is required since the containers are located at the U.S. Consulate building, in the Carl Schurz housing community and other locations which are manned by security guards and, therefore, access by non-cleared personnel is restricted. The COR will be responsible for arranging clearance for the access of Contractor’s personnel in performing services covered under an issued Delivery Order.

The designated ordering individual for this contract is Juergen Geyer, who is also the designated Contracting Officer’s Representative (COR).

Supplies or services to be furnished under this contract shall not exceed the amount funded by one or more De-livery Order(s).

5. DELIVERY AND COLLECTION REQUIREMENTS

The Contractor shall perform tasked refuse collections no later than twenty-four (24) hours after notification.

The Contractor shall supply all newly-requested refuse containers no later than three (3) working days after no-tification.

6. VALUE ADDED TAX (MEHRWERTSTEUER)

Prices shall be inserted exclusive of Value Added Tax (VAT), which shall be a separate line item cost. The ap-plicable rate of Value Added Tax shall be specified in all Contractors’ invoices, as a separate cost item.

7. PLACE OF DELIVERY/PERFORMANCE

Delivery or performance of services shall be made in accordance with instructions you receive from the Con-tracting Officer or the Contracting Officer’s Representative (COR).

8. SUBMISSION OF INVOICES

Payments (in Euro) are authorized against Contractor’s invoices which are to be approved by the COR for ser-vices received. Payments will be made on the basis of actual work performed.

Invoices shall be submitted monthly. In accordance with FAR 52.232-27(a), the fourteen (14)-day period iden-tified in FAR 52.232-27(a)(1)(i)(A) is hereby changed to thirty (30) calendar days from receipt of a proper in-voice at the designated payment office or the date on which the Government accepts the services, whichever is later. The designated invoice remittance office is:

American Consulate General Attn: DBO Giessener Strasse 30 60435 Frankfurt.

IMPORTANT NOTICE

1) Invoices shall be submitted in the original as provided in detail in the Delivery Order.

2) The Delivery Order- and Contract numbers must be quoted on all invoice(s) and in all communications concerning this contract and Delivery Order(s).

The following certification, duly signed, must appear on the original invoice original:

"I certify that the above bill is correct and just and that payment thereof has not been received."

9. WORK HOURS

All work shall be performed between 8.00 AM and 4.30 PM, except for the holidays identified below. Other hours may be arranged with, and approved by, the COR. Notice must be given twenty-four (24) hours in ad-vance to COR who will consider any deviation from the hours identified above.

9.1 The Department of State observes the following American holidays in Frankfurt

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

9.2 The American Mission Germany will observe the following local German holidays in Frankfurt:

New Year's Day Good Friday Easter Sunday Easter Monday Labor Day Ascension Day Whitsunday Whitmonday Corpus Christi Day Day of Germany Unity Dec. 24th, Christmas Eve Dec. 25th, Christmas Day

Dec. 26th, Second Christmas Day

Any other day designated by Federal Law, Executive Order or Presidential Proclamation and German Govern-ment.

A list of the applicable calendar dates will be provided at time of contract award and when an option year is ex-ercised.

9.3 When an American holiday falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract.

If the Contractor's personnel work on a holiday, no form of holiday or other premium compensation will be re-imbursed either as a direct or indirect cost, unless authorized, pursuant to an overtime clause provided else-where in this contract.

10. PERSONNEL REQUIREMENTS

10.1 Removal of Personnel

The Contractor shall maintain discipline at the site and at all times take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct, by or amongst those employed at the site, and for the preservation of peace and protection of persons and property in the neighborhood of the project against the same.

The Contracting Officer may require, in writing that the Contractor shall remove from the work any employee that the Contracting Officer deems incompetent, careless, insubordinate or otherwise objectionable, or whose continued employment on the project is deemed by the Contracting Officer to be contrary to the Government's interests.

10.2 Notice to the Government of Labor Disputes

If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant inform-ation, to the Contracting Officer.

10.3 Installation and Service Personnel Security

After award of the contract, the Contractor has ten (10) calendar days to submit to the COR, a list of workers and supervisors assigned to this project for the Government to conduct all necessary security checks. It is anti-cipated that security checks will take thirty (30) days to perform. For each individual, the list shall include:

Full Name

Date and Place of Birth

Current Address

Identification (German Ausweis) Number

Photo copy of their German Ausweis: front and back, or a copy of their passport.

A completed and signed copy of the “Ermaechtigung zur Auskunftserteilung” (Authorization for release of in-formation) (document to be provided after award).

In the event that a new employee is assigned to this project, the Contractor shall provide all the information re-quired at least (thirty) 30 days before he/she shall start work.

Failure to provide any of the above information may be considered grounds for rejection and/or re-submittal of the application. Once the Government has completed the security screening and approved an applicant, a badge will be provided to the individual for access to the site.

This badge may be revoked at any time due to falsification of data, or misconduct on site.

10.4 Language Proficiency

The manager assigned by the Contractor to supervise the work on-site, as required by FAR 52.236-6, "Superin-tendence by the Contractor", shall be fluent in written and spoken English.

11. MATERIALS AND EQUIPMENT

The Contractor shall provide all necessary supplies, tools, and equipment.

12. INSURANCE

12.1 Insurance-Related Disputes

Failure to agree to any adjustment contemplated under this contract regarding insurance shall be a dispute with-in the meaning of the Clause in Section I, 52.233-1, Alternate I, "Disputes". However, nothing in this Clause shall excuse the Contractor from proceeding with the work, including repair and/or replacement of furnished items, such as dumpster, dumpster-cover, and locks.

12.2 Time for Submission of Evidence of Insurance

The Contractor shall provide evidence of the insurance required under this contract within fifteen (15) calendar days after contract award. Failure to submit this evidence in a timely manner, in a form acceptable to the Con-tracting Officer, may result in the Government’s rescinding or terminating the contract .

13. SAFETY

Whilst on Government property, the Contractor shall comply with all standard safety measures governing refuse collection and disposal services, and adhere to any additional safety measures, determined by the Contracting Officer or the COR as necessary.

14. LAWS AND REGULATIONS

14.1 Without additional expense to the Government, the Contractor shall comply with all laws, codes, ordin-ances, and regulations required to perform this work. In the event of a conflict between the contract and re-quirements of local law, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

14.2 The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract. Proper documentation and evidence satisfactory to the Contracting Officer of compliance with this Clause shall be submitted by the Contractor at such times as directed by the Contracting Officer.

15. TYPE OF CONTRACT

This contract is an Indefinite Delivery Indefinite Quantity, Firm Fixed Unit Price - Services type contract.

16. PERIOD OF PERFORMANCE

The period of performance for this Contract is February 26, 2016 through February 25, 2017, and may be exten-ded for up to four (4) additional years in accordance with Clause, FAR 52.217-9 “Option to Extend the Term of the Contract (MAR 2000)” (See full text on page 29 of this contract).

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SECTION II - CONTRACT CLAUSES

The following clauses are incorporated in full text.

52.202-1 Definitions (Nov 2013)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(End of clause)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remed-ies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of em-ployee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of clause)

52.204-13 System for Award Management Maintenance (JUL 2013)

(a) Definitions. As used in this clause--

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contract-ors.

Data Universal Numbering System+4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suf-fix.) This 4-character suffix may be assigned at the discretion of the business concern to establish addition-al SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart

32.11) for the same concern.f

"Registered in the System for Award Management database (SAM) means that--

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 num-ber, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Ac-countability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Con-tact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active". System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the cent-ralized Government system for certain contracting, grants, and other assistance-related processes. It includes --

(1) Data collected from prospective Federal awardees required for the conduct of business with the Govern-ment;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain re-gistered in the SAMf database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and con-ditions of this contract and is not a substitute for a properly executed contractual document.

(c)(1)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notifica-tion of its intention to--

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Con-tractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to per-form the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ‘‘Suspension of Payment’’ paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, As-signment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ‘‘Suspension of Payment’’ paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract.

A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted--

(i) Via the internet at http://fedgov.dnb.com/webform or if the Contractor does not have internet access, it may call Dun and Bradstreet at 1–866–705–5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at ht-tps://www.acquisition.gov.

(End of clause)

52.212-4 Contract Terms and Conditions--Commercial Items (May 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the re-quirements 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 sup-plies 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 reduc-tion or adequate consideration for acceptance of nonconforming supplies or services. The Government must ex-ercise 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 per-formance 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 re-lating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this con-tract, 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 occur-rence 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, epidem-ics, 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 au-thorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper in-voice, 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 Man-agement), 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 Man-agement 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 con-tract, 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 appro-priate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of…