Sol_040ADV-24-R-0015 Harding Hall Window Replacement.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

040ADV-24-R-0015

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

1 41

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER

PR-22-GPO-2233

6. PROJECT NUMBER

7. ISSUED BY CODE GPO 8. ADDRESS OFFER TO

GPO

732 North Capitol St NW Washington, DC, 20401, US

9. FOR INFORMATION

CALL:

a. NAME

BETTINI, CHRISTOPHER R

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within 10 calendar days and complete it within 240 calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

12b. CALENDAR DAYS

a. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 11:00 am EST (hour) local time 04/29/2024 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

AMOUNTS

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

See Schedule

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

040ADV-24-R-0015

TABLE OF CONTENTS:

1. Listing of Incorporated Purchase Requisitions

2. Section B - Supplies or Services and Prices/Costs

3. Section C - Description/Specifications/Work Statement

4. Section D - Packaging and Marking

5. Section E - Inspection and Acceptance Terms

6. Section F - Delivery or Performance

7. Section G - Contract Administration Data

8. Section H - Special Contract Requirements

9. Section I - Contract Clauses

10. Section J - List of Documents, Exhibits, and other Attachments

11. Section K - Representations, Certifications, and Other Statements of Offerors

12. Section L - Instructions, Conditions and Notices to Offerors

13. Section M - Evaluation Factors for Award………………………………………………………………………………………37

Section B: Continuation of 1442

Item Number

Base Item Number

Supplies/Services Quantity Unit

0001 GPO Harding Hall Windows Replacement

1 Each

Contract Type: Firm Fixed Price Unit Price

Extended Price

Description:

Purchase Requisitions PR-22-GPO-2233

IDC Type: Not Applicable

Section C: Description/Specifications/Work Statement

C1. BACKGROUND:

The U.S. Government Publishing Office (GPO) provides publishing and dissemination services for official and authentic government publications to Congress, Federal agencies, Federal depository libraries, and the American public. The GPO Buildings were constructed circa 1940 and are showing signs of deterioration on various levels.

This Statement of Work intends to address the replacement of six (6) custom large windows in Harding Hall. The Harding Hall is located on the 8th floor of GPO Building A, 732 North Capitol Street, NW, Washington DC, 20401.

C2. GENERAL SCOPE OF WORK:

a. The vendor shall demolish the 6 existing window assemblies and shall be responsible for disposal of old window assemblies and supplying labor, vacuums, tools, and appliances necessary to keep the interior and exterior building and site areas around the work site clean, with as little accumulation of dust and debris as possible daily.

b. The vendor shall design and install new windows after removing the existing windows.

c. The vendor shall supply all necessary materials and labor to complete the replacement of 6 windows specified on the drawing.

C3. SPECIFIC TASKS:

a. Site Visit A site visit will be scheduled Mar 29, 2024 @ 11:00 am , please email the contract specialist at:

tmizelle@gpo.gov and COR at jan@gpo.gov if you plan to be in attendance by Mar 25, 2024. Please include the solicitation number 040ADV-24-R-0015 in the subject email. The cut-off date and time for submitting questions is April 3, 2024, by 11:00 AM EST. A response to all questions received will be provided by amendment.

b. Drawings-Vendor shall submit shop drawing and design documentation of the new windows for government review and approval. Drawing submitted without sufficient detail will require resubmission. The government’s review period for each submission is five (5) business days.

c. Installation Plan- Upon government approval of the shop drawing, submit an installation plan, including a breakdown schedule of each task for coordination purposes.

d. Warranty- Factory warranty shall be submitted to the government prior to project close-out.

C4. TECHNICAL EVALUATION CRITERIA:

Past Performance:

• Offerors must have at least 5 (five) years of Corporate Experience replacing custom windows.

• The Offeror must submit their Unique Identifier number and contact information for three (3) references.

• Offerors must submit a two-page (maximum) narrative describing the company's corporate experience, providing the types of services performed are of a similar complexity to the work solicited. Offerors must have provided these services to either a government or commercial entity for the minimum number of years noted above.

• Key Personnel and Personnel Management: The offerors must have personnel and submit key personnel resumes with their proposals to show 5 (five) years of Corporate Experience.

• Schedule: The offerors must submit a copy of the project schedule.

C5. GOVERNMENT-FURNISHED EQUIPMENT AND INFORMATION:

Utilities that will be provided to the contractor. The Government shall supply the following items in reasonable amounts at no cost to the contractor:

Electric power - 120 Volts, 60 Hz, 1 Phase

C6. PERIOD OF PERFORMANCE:

240 days

C7. SECURITY:

The project design is considered Unclassified. Building entry requirements:

a. The vendor representatives shall exchange his/her valid federal or state identification (ID) for a

GPO Visitor’s Badge for entry into the GPO facility.

b. Expired identification shall not be an acceptable form of ID.

c. Under no circumstances shall a visitor be granted access to GPO without proper identification

d. The Visitor’s Badge shall always be visible while inside the GPO Building

e. The vendor representatives shall always be escorted and/or in line of sight of the escort in the construction area.

C8. SAFETY REQUIREMENTS:

Vendor representatives are required to comply with the construction contractor’s site-specific safety plan upon entering the project site during construction.

C9. HAZARDOUS MATERIAL

a. Asbestos:

The agency’s safety department has assessed asbestos levels around the window area, as detailed in the attached document. The vendor may conduct an independent investigation at their own cost. The vendor is obliged to manage asbestos abatement if asbestos abatement is necessary for successful window replacement. The cost for asbestos abatement shall be included in the bid price.

b. Lead-based paint:

The windows and their frames are free from lead. However, the beige concrete wall and trim nearby do contain lead-based paint. Before submitting the bid, the vendor must investigate if the lead-based paint abatement is necessary for this project. Should lead-based abatement be necessary for window replacement, the contractor is accountable for covering the abatement expenses, which should be factored into the bid price. All the abatement work and disposal of lead paint shall follow EPA and DC Local government regulations governing lead-based paint removal.

C10. SCHEDULE:

Work hours are 7 AM to 4 PM. The contractor shall submit the work schedule to COR for approval. The

COR shall review and approve the contractor’s schedule. The COR may change the work schedule if necessary.

Recognized Federal Holidays:

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

The Harding Hall is a place where many meetings are held, so an accurate construction schedule must be submitted 30 days in advance and must be approved by COR or CO. If the location is needed for a sudden, unexpected meeting, the government can unilaterally change the construction date by notifying it 7 days in advance.

C11. REMOVAL OF DISMANTLED WINDOWS AND TRASH:

All trash or dismantled windows must be removed from the building before the end of each day, and the construction site must be thoroughly cleaned before leaving work. Windows that have been dismantled from the building shall be removed from the building by the contractor. Under no circumstances should the contractor throw the dismantled windows and any trash in a government trash can or steel dumpster. If the contractor wants to dump them in its own dumpster, the dumpster must be placed in a location designated by COR and removed within a week after construction is completed. All these costs must be borne by the contractor and must be included in the bidding price.

C12. PROTECTION OF THE BUILDING AND OCCUPANT:

The Contractor shall continuously maintain adequate protection of all work from damage and shall protect the government’s property from injury or loss arising out of this contract. The Contractor shall also make good any such damages, injury, or loss, except such as may be directly caused by agents or employees of the government. The Contractor shall provide all barricades required to protect occupants according to OSHA regulations.

Before starting construction, the contractor must cover the construction area with a plastic curtain to prevent dust or construction debris from falling inside or outside the building.

C13. SPECIAL CONSIDERATIONS:

The vendor shall be responsible for expenses associated with traveling to the GPO facility. The government will not provide reimbursement for expenses including but not limited to the following categories: printing, parking, mileage, meals, car rental, lodging, air travel, tolls.

C14. REVIEW BY THE GOVERNMENT

a. The approval of shop drawings and submittals by the government is in the nature of an aid to the Contractor but shall not relieve the Contractor from his responsibility to construct the work in accordance with the Contract Drawings and all the conditions of the SOW, unless any changes from such Contract Drawings and SOW, indicated on the shop drawings, shall be called to the attention of the COR and his approval is given in writing.

b. The approval of shop drawings does not relieve the Contractor of his responsibility to coordinate the work of the several trades and subcontractors, nor is it under any circumstances to be construed as a check or approval of dimensions or quantities. All the dimensions on the drawings shall be verified by the contractor before starting the work.

Section D - Packaging and Marking

N/A [End Section D]

Section E - Inspection and Acceptance Terms

E.1 Quality

The Contractor must use the best commercial industry standards for all services performed. The approval of shop drawings and submittals by the government is in the nature of an aid to the Contractor but shall not relieve the Contractor from his responsibility to construct the work in accordance with the Contract Drawings and all the conditions of the SOW, unless any changes from such Contract Drawings and SOW, indicated on the shop drawings, shall be called to the attention of the COR and his approval is given in writing.

The approval of shop drawings does not relieve the Contractor of his responsibility to coordinate the work of the several trades and subcontractors, nor is it under any circumstances to be construed as a check or approval of dimensions or quantities. All the dimensions on the drawings shall be verified by the contractor before starting the work.

E.2 Inspection and Approval of Written Deliverables

N/A.

E.3 Inspection at Destination

All reports submitted will be reviewed and approved by COR to ensure that all aspects of the SOW are addressed.

[End Section E]

Section F - Delivery or Performance

F1 CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

NUMBER DATE TITLE

52.242-15 Aug-89 Stop-Work Order 52.242-17 Aug-84 Government Delay of Work

F2 PLACE OF PERFORMANCE

Government Publishing Office 732 North Capitol Street NW) Washington, DC 20401

F3 DELIVERY SCHEDULE

1) The contractor shall submit the shop drawing within 10 calendar days after receiving a “Notice to Proceed” from the Contracting Officer’s Representative.

2) After the approval of the shop drawing, the contractor shall provide a detailed schedule from demolition to installation.

3) The installation and demolition shall be performed during weekends or federal holidays. The schedule shall be modified by the COR without any extra cost. All the holiday and weekend work shall be included in the bid price.

F4 GOVERNMENT FURNISHED EQUIPMENT (GFE) AND INFORMATION

The Government shall supply the following items in reasonable amounts at no cost to the contractor:

1) Electric power - 120 Volts, 60 Hz, 1 Phase

F5 SECURITY

Entry Requirements:

1. The contractor shall exchange his/her valid federal or state identification for a GPO Visitor’s Badge for entry to GPO.

2. Expired Identification shall not be an acceptable form of ID.

3. The Visitor’s Badge shall be visible at all times as safety allows.

4. Contractors shall be escorted at all times and/or in line of sight of the escort.

5. Under no circumstances shall a visitor be granted access to GPO without proper identification

F6 NOTICE TO THE GOVERNMENT OF DELAYS:

In the event the Contractor encounters difficulty in meeting performance requirements, or when the Contractor anticipates difficulty in complying with the delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this requirement the following must happen: The Contractor must immediately notify the Contracting Officer and the COR in writing, giving pertinent details provided, however, that this data shall be informational only in character and that this provision must not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

[END OF SECTION F]

Section G - Contract Administration Data

Notwithstanding the offeror’s responsibility for total management responsibility during the performance of the contract, the administration of the contract will require maximum coordination with the GPO points of contact during performance of the contract.

G1 CONTRACTING OFFICER (CO)

Christopher Bettini U.S. Government Publishing Office Acquisition Services Room: A530 Stop:

AS 732 North Capitol St NW Washington

DC 20401

Email: cbettini@gpo.gov

G2 CONTRACTING OFFICER'S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officers. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made at the contractor’s risk. No adjustment will be made in the contract terms and conditions of this contract, including price.

G3 CONTRACT SPECIALIST (CS)

Tawanda Mizelle Contract Specialist Acquisition Services, Email: tmizelle@gpo.gov

G4 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

After award, the GPO will designate one or more persons as the Contracting Officer's Representative (COR). The COR may be changed at any time by the GPO without prior notice to the Contractor by a unilateral modification to the Contract.

The responsibilities and limitations of the COR are as follows:

The COR is responsible for the technical aspects of the project and serves as technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all equipment, services, reports, and such other responsibilities as may be specified in this contract.

The COR is not authorized to make any commitments or otherwise obligate the GPO or authorize any changes, which affect the quantity, quality, scope, or Contract price. All request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the Contracting Officer. If the Contractor performs a service that alters the current cost, quantity, or scope without prior written approval from the CO, the Contractor does so at his/her own risk. The COR may designate an alternate COR(s) to act for the COR by naming such alternate(s) in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor.

mailto:cbettini@gpo.gov mailto:tmizelle@gpo.gov

G5 INVOICE SUBMISSION

Contracting Officer (CO) Christopher Bettini

Contract Specialist Tawanda Mizelle

Contracting Officer’s Representative (COR)

Jay An

Invoice Mailing Address:

US Government Publishing Office (GPO) Comptroller North Capitol & H Streets, NW Mail Stop: FMCS Washington, DC 20401 (202) 512-0874 or invoiceGPO@gpo.gov

G6 PAYMENT METHOD

Payments under this contract will be made by the GPO by electronic funds transfer (EFT) NOTICE

The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference: Materials Management Acquisition Regulation (MMAR)

52.232.34 May 1999- Payment by Electronic Funds Transfer Other Than Central Contractor Registration

Effective January 1, 1999, payments on all GPO purchase orders will only be made by electronic fund transfer (EFT) unless you are granted a waiver. A waiver can only be granted if you certify below in writing that you do not have an account with a financial institution or an authorized payment agent and return the certification to the Contracting Officer.

G7 REQUEST FOR WAIVER/CONTRACTOR CERTIFICATION

I certify that I do not have an account with a financial institution or an authorized payment agent.

Signature and Date

G8 COMPLIANCE WITH REGULATIONS

The Contractor shall meet all applicable local and federal regulations associated with this requirement.

[End of Section G]

Section H - Special Contract Requirements

H.1 Parking Onsite Parking is the responsibility of the contractor. However, GPO has a limited number of parking and may be able to provide parking at a cost to the contractor. GPO shall provide the Contractor one parking space permit for general use during the designated Contract period at the cost of $9/day or at a discounted monthly rate. The parking space shall be located at one of the GPO’s designated parking lots. The assigned parking space permit can only be used by Contractor vehicles, which must be clearly marked with Contractor's logo or name. The Contractor must display the parking permit on the vehicle driver's side dashboard. The Contractor is prohibited from reproducing the parking permit. Vehicles not in compliance are subject to being mailto:invoiceGPO@gpo.gov ticketed and towed at the Contractor's sole expense. In addition, the GPO may revoke Contractor's parking privileges as a result of Contractor's abuse of parking privileges. Additional parking permits can be purchased at the GPO’s Parking Office on a first come first served basis, at the Contractors expense, by making arrangements thru the COTR Contracting Officer's Technical Representatives).

H.2 Government Owned Equipment N/A

H.3 Protection of Property Contractor Responsibility - If due to the default, negligence (whether of action or omission) and/or dishonesty of the Contractor or its employees, any Government-owned or controlled property is lost or damaged as a result of the Contractor’s performance of this task order, the Contractor must be responsible to the Government for such loss or damage, and the Government at its option, may, in lieu of payment therefore, require the Contractor to replace at its own expense, all property lost or damaged.

H.4 Indemnification N/A

H.5 Removal of Contractor Personnel It is understood that all personnel assigned by the Contractor to the performance of work hereunder must be acceptable to the GPO in terms of personal and professional conduct and must successfully complete a full background investigation before obtaining access to the premises. Any person in the Contractor’s organization or in any Subcontractor’s organization, who is deemed by the Contracting Officer or the COR to conflict with the interest of the GPO, must be immediately removed from this task order. The reason for removal must be fully documented in writing by the Contracting Officer. Any security violations, denials or revocations of security clearance may be construed as grounds for immediate removal from the premises.

H.6Standards N/A

H.7 Potential Conflicts of Interest

a. The Contractor's employees assigned to work on this contract have an affirmative obligation to disclose to the Contracting Officer any personal or business relationship with Government personnel, or financial interests, which could present the appearance of an existing or potential conflict of interest. Failure to do so, if such becomes known by other means could result in a determination of non-responsibility prior to award or termination of contract after award.

H.8 Data Rights N/A

H.9 Standards of Conduct N/A

H.10 Observance of Legal Holidays/Federal Non-Workdays

a. Work hours are 7 AM to 4 PM. The contractor shall submit the work schedule to COR for approval. The COR shall review and approve the contractor’s schedule. The COR may change the work schedule if necessary. The Harding Hall is a place where many meetings are held, so an accurate construction schedule must be submitted 30 days in advance and must be approved by COR or CO. If the location is needed for a sudden, unexpected meeting, the government can unilaterally change the construction date by notifying it 7 days in advance.

Work performed at Government site(s), will require the Contractor to establish a standard holiday schedule that coincides with the Government's schedule for employees working on a government site(s). For Government site work, holidays and other non-workdays are not billable unless work is specifically requested by the Government and productive hours are performed on those days. For work to be performed at Contractor site(s), the Holiday schedule may differ if it is customary practice (For example, when the day after Thanksgiving is given in lieu of Columbus or Veterans’ Day). The following is a list of the official Federal Government holidays:

A. New Year’s Day B. Martin Luther’s King Day C. President’s Day D. Memorial Day E. Juneteenth F. July 4ᵗʰ⁻ Independence Day G. Labor Day H. Columbus Day I. Veteran’s Day J. Thanksgiving Day K. Christmas Day L. Inauguration Day (every 4ᵗʰ year in Washington, DC)

H.11 Travel Regulations

a. As a general rule, local travel expenses will not be reimbursed under this contact. Examples of local travel which will not be subject to reimbursement are: 1) travel to and from normal job site (i.e. commuting costs) and 2) supervisory personnel traveling to a Government site or alternative facility to oversee operations. Personnel assigned to a Government site or alternative facility will consider such facility the normal job site. However, there are circumstances under which local travel reimbursement is allowable, such as when personnel are requested or required by the Government to travel to a local site which is not their normal job site, the local transportation expenses (e.g. metro, cab, parking, etc.) can be reimbursed.

b. The COR of each contract shall make such determinations and authorizations as appropriate.

[End of Section H]

Section I: Contract Clauses

52.212-4 Contract Terms and Conditions - Commercial Items (FEB 2002)

(a) Inspection/Acceptance.The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. The Government must exercise its post-acceptance rights--

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

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

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

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

(d) Disputes. 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 MMAR 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 MMAR 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 invoicemust 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 else wherein 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--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

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

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

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

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

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

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

431 relating to officials not to benefit; 40 U.S.C. 327, et seq., Contract Work Hours and Safety Standards Act;

41 U.S.C. 51-58,Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes,Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

52.236-5 52.236-5 Material and Workmanship (APR 1984)

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract.

References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

(End of clause)

52.236-2 52.236-2 Differing Site Conditions (APR 1984)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of-

(1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or

(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in paragraph (a) of this clause for giving written notice may be extended by the Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

(End of clause)

52.236-26 52.236-26 Preconstruction Conference (FEB 1995) If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer's notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

(End of clause)

52.212-5 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders

- Commercial Items (MAY 2002)

(a) The Contractor shall comply with the following MMAR clauses, which are incorporated in this contract by reference, to implement provisions of law or executive orders applicable to acquisitions of commercial items:

(1) 52.222-3, Convict Labor (E.O. 11755).

(2) 52.233-3, Protest after Award (31 U.S.C. 3553).

(b) The Contractor shall comply with the MMAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government, with Alternate I (41 U.S.C. 253g and 10 U.S.C. 2402).

(2) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) X (3) 52.222-26, Equal Opportunity (E.O. 11246).

X (4) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (38 U.S.C.4212)

X (5) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793).

X (6) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and

Other Eligible Veterans (38 U.S.C.4212).

X (7) 52.222-19, Child Labor-Cooperation with Authorities and Remedies.

(8)(i)52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (42 U.S.C. 6962(c)(3)(A)(ii)).

(ii) Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

(9) 52.225-1, Buy American Act-Supplies (41U.S.C. 10a - 10d).

(10)(i) 52.225-3, Buy American Act-North American Free Trade Agreement-Israeli Trade Act (41 U.S.C.

10a- 10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note).

(ii) Alternate I of 52.225-3.

(iii) Alternate II of 52.225-3.

(11) 52.225-5, Trade Agreements (19 U.S.C. 2501, et seq., 19 U.S.C.3301 note).

(12) 52.225-13, Restriction on Certain Foreign Purchases (E.O. 12722, 12724, 13059, 13067, 13121, and 13129).

(13) 52.225-15, Sanctioned European Union Country End Products (E.O. 12849).

(14) 52.225-16, Sanctioned European Union Country Services (E.O. 12849).

X (15) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (31 U.S.C. 3332).

(16) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (31 U.S.C.

3332).

(17) 52.232-36, Payment by Third Party(31 U.S.C. 3332).

(18) 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).

(19) (i)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C.1241).

(ii) Alternate I of 52.247-64.

(c) The Contractor shall comply with the MMAR clauses in this paragraph (c), applicable to commercial services, which the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items or components:

(1) 52.222-41, Service Contract Act of 1965, As Amended(41 U.S.C. 351, et seq.).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple

Year and Option Contracts)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

X (5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to Successor Contract Pursuant to Predecessor Contractor Collective Bargaining Agreement (CBA) (41 U.S.C. 351, et seq.).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

DISPUTES DISPUTES (GPO Clause June 2008)

(a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613, and as modified by Section 1501 of Title I of Division H of the Consolidated Appropriations Act, 2008, Public Law No. 110-161).

(b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause.

(c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under/or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $50,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(d) (1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer.

(2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding$50,000.

(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(iii) The certification shall state as follows: "I certify that the claim is made ingood faith; that the supporting data are accurate and complete to the best ofmy knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor."

(3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim.

(e) For Contractor claims of $50,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $50,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

(f) The Contracting Officer's decision shall be final unless the Contractor appeals, within ninety (90) days of receipt of a Contracting Officer's decision, to the U.S. Government Accountability Office Contract Appeals Board (GAO CAB), 441 G Street, NW, Room 7182, Washington, DC, 20548;Facsimile:202-512-9749; E-Mail:

CAB@gao.gov.

(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer.

(h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having effective certifications, interest shall be paid from the date that the Contracting Officer initially receives the claim. [A defective certification means a certificate which alters or otherwise deviates from the language in(d)(2)(iii) above, or which is not executed by a person duly authorized to bind the contractor with respect to the claim. Failure to certify shall not be deemed to be a defective certification.] Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6- month period as fixed by the Treasury Secretary during the pendency of the claim.

(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any mailto:CAB@gao.gov request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.

(j) This contract clause, Disputes (GPO Clause June 2008), cancels and supersedes the contract clause, MMAR Dispute 52.233-1 (July 2002), and all other references to the contract clause, Disputes. This contract clause also cancels and supersedes any other disputes language currently included in existing contractual actions.

52.233-2 52.233-2 Service of Protest (AUG 1996) Agency protests filed with the Contracting Officer shall be sent to the following address:

Contracting Officer

U.S. Government Publishing Office Acquisition Services: Room A530 732 North Capitol Street, NWWashington, DC 20401

Agency protests filed with the Director of Acquisition Services shall be sent to the following address:

Chief of…