Sol_140P4321Q0083.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

NN2

Wellfleet MA 02667 99 Marconi Station Site Rd.

Cape Cod National Seashore

DOI, NPS, NER - NE MABO - CACO

0009060022 CODE 16. ADMINISTERED BYCODE

X

X

238220

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORPNN

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

10/19/2021 1500 ES

09/16/2021

5087712144Todd Scola (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140P4321Q0083

5. SOLICITATION NUMBER

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

1 51 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Boston MA 02129-4543 Charlestown Navy Yard, Building I07 BOST Maintenance Division NPS, Boston NHP

15. DELIVER TO

Boston MA 02129-4543 Building I-1 Charlestown Navy Yard Boston National Historical Park

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

NPS, NER - NE MABO

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

(i) This is a COMBINED SYNOPSIS / SOLICITATION for commercial items prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice.

The National Park Service contemplates award of a hybrid firm fixed price/time and materials purchase order as a result of this combined synopsis/solicitation. This announcement constitutes the only solicitation issued as Request for Quotation (RFQ) 140P4321Q0083. A

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Todd Scola

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

WRITTEN SOLICITATION WILL NOT BE ISSUED. *****

(ii) This solicitation is issued as Request for

Quote 140P4321Q0083. *****

(iii) FAR clauses and provisions enclosed within this RFQ are those in effect through Federal

Acquisition Circular (FAC) 2021-06 and are available in full text through Internet access at http://www.acquisition.gov/far/. *****

(iv) The proposed purchase order is unrestricted for vendors with the NAICS code: 238220, Plumbing, Heating and Air Conditioning

Contractors. All responsible business concerns may submit a quote which shall be considered by the National Park Service (NPS). *****

(v) Refer to the price schedule in the attached

Standard Form 1449 (SF1449), Solicitation/Contract/Order for Commercial Items, for a list of line item numbers, descriptions, quantities, and units of measure, including options. *****

(vi) Description of requirements for each line item: The Scope of Work (SOW) consists of the following attached document: SOW, Preventative

Maintenance and Repair Services for Plumbing /

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

51 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 51

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P4321Q0083

Mechanical & Heating Systems Service and Repair, Boston National Historical Park. Line Item 00010 is for Firm-Fixed-Price (FFP) Regularly Scheduled

Inspection, Testing, and Preventive Maintenance and should be the summation of paragraph A of the

Bid Schedule. Line Item 00020 is for

Time-and-Material (T&M) Unscheduled Repairs and should be the summation of paragraph B on the Bid

Schedule. For both Line Item 00010 and Line Item

00020 there are two one-year option periods associated with each line item. *****

(vii) Date(s) and place(s) of delivery and acceptance: The Base Period of Performance (PoP) is 11/01/2021 to 10/31/2022 and the services are required within Boston National Historical Park

(BOST) in Boston, MA. The Option Period 1 PoP is

11/01/2022 to 10/31/2023. The Option Period 2 PoP is 11/01/2023 to 10/31/2024. *****

(viii) FAR provision 52.212-1, Instructions to

Offerors -- Commercial, applies to this acquisition. The provision can be accessed at https://www.acquisition.gov/browsefar. In addition to the requirements noted in 52.212-1;

quotes shall contain the documents and information noted in the "Instructions to

Offerors" section of the attached Request for

Quote (RFQ). *****

(ix) FAR provision 52.212-2, Evaluation --

Commercial Items, applies to this solicitation.

The provision can be accessed at https://www.acquisition.gov/browsefar. The specific evaluation criteria to be included in paragraph (a) of the provision are noted below.

(x) FAR provision 52.212-3, Offeror

Representations and Certifications -- Commercial

Items, applies to this acquisition. Quoters shall complete provision 52.212-3 at the Government's

System for Award Management (SAM), https://www.sam.gov/ *****

(xi) FAR clause 52.212-4, Contract Terms and

Conditions -- Commercial Items, applies to the

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 51

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P4321Q0083

FFP portion of this acquisition while FAR clause

52.212-4, Contract Terms and Conditions --

Commercial Items, Alternate I, applies to the T&M portion of this acquisition. Refer to attachment for a full listing of clauses and provisions applicable to this solicitation and the resultant purchase order. *****

(xii) FAR clause 52.212-5, Contract Terms and

Conditions Required to Implement Statutes or

Executive Orders -- Commercial Items, applies to this acquisition. Refer to attachment for a full listing of clauses and provisions applicable to this solicitation and the resultant purchase order. *****

(xiii) Additional purchase order requirement(s) or terms and conditions: *****

a) Purchase Order Type: The Government contemplates award of a commercial hybrid

(Firm-Fixed-Price and Time-and-Material) purchase order resulting from this solicitation. *****

b) Applicable FAR Parts: This acquisition is being conducted per the procedures authorized by

FAR Parts 12, 13, and 37. *****

c) Subcontracting Plan: Not applicable. *****

d) Wage determination: The attached Service

Contract Labor Act wage determination, 2015-4047

Rev. 16, dated 07/21/2021 applies to this solicitation and the subsequent purchase order.

e) Clauses: The attached purchase order clauses and provisions apply to this solicitation and the subsequent purchase order. *****

f) Pre-proposal Site Visit: See FAR clause

52.237-1, Site Visit, with Addendum 1 to 52.237-1

Site Visit in the attached clauses for detailed information. *****

g) Required Quote Submittal Contents: See SPECIAL

NOTICE 1: SUBMIT WITH QUOTE in the attached

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 51

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P4321Q0083 clauses. *****

h) Evaluation Criteria: Per FAR Part 13.106-2(b) evaluation will be conducting by comparative evaluation of offerors. This solicitation is not stating nor required to state the relative importance assigned to each evaluation factor and/or sub factor (FAR 13.106-1(a)(2)). The evaluation factors are (a) Price (The NPS shall analyze prices, in accordance with the FAR.

Pricing must be determined to be fair and reasonable), (b) and Past Performance (The quoter must receive a satisfactory confidence rating where, based on the offeror's recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort).

Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). *****

(xiv) The Defense Priorities and Allocations

System (DPAS) is not applicable to this solicitation. *****

(xv) The date, time and place Quotes are due:

Submit to: Todd Scola at Todd_Scola@nps.gov.

Due Date / Time: Submit to insure Government receipt by 3:00 pm EDT, 10/19/2021. *****

(xvi) Please contact Contracting Officer at

Todd_Scola@nps.gov if you have any questions regarding this solicitation. *****

Legacy Doc #: NPS

Period of Performance: 11/01/2021 to 10/31/2024

00010 Base Year Firm-Fixed-Price (FFP) Regularly

Scheduled Inspection, Testing, and Preventive

Maintenance in accordance with Attachment 0001, Scope of Work. Quote should be the total of section 1A on Bid Schedule.

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

6 51

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P4321Q0083

Product/Service Code: J041

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- REFRIGERATION, AIR CONDITIONING,

AND AIR CIRCULATING EQUIPMENT

Period of Performance: 11/01/2021 to 10/31/2022

00020 Base Year Time-and-Material (T&M) Unscheduled

Repairs in accordance with Attachment 0001, Scope of Work. Quote should be the total of section 1B on Bid Schedule.

Product/Service Code: J041

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- REFRIGERATION, AIR CONDITIONING,

AND AIR CIRCULATING EQUIPMENT

Period of Performance: 11/01/2021 to 10/31/2022

00030 Option Year One - Fixed-Price (FFP) Regularly

Scheduled Inspection, Testing, and Preventive

Maintenance in accordance with Attachment 0001, Scope of Work. Quote should be the total of section 2A on Bid Schedule.

(Option Line Item)

11/01/2022

Product/Service Code: J041

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- REFRIGERATION, AIR CONDITIONING,

AND AIR CIRCULATING EQUIPMENT

Period of Performance: 11/01/2022 to 10/31/2023

00040 Option Year One - Time-and-Material (T&M)

Unscheduled Repairs in accordance with Attachment

0001, Scope of Work. Quote should be the total of sections 2B on Bid Schedule.

(Option Line Item)

11/01/2022

Product/Service Code: J041

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- REFRIGERATION, AIR CONDITIONING,

AND AIR CIRCULATING EQUIPMENT

Period of Performance: 11/01/2022 to 10/31/2023

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

7 51

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P4321Q0083

00050 Option Year Two - Firm-Fixed-Price (FFP)

Regularly Scheduled Inspection, Testing, and

Preventive Maintenance in accordance with

Attachment 0001, Scope of Work. Quote should be the total of section 3A on Bid Schedule.

(Option Line Item)

11/01/2023

Product/Service Code: J041

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- REFRIGERATION, AIR CONDITIONING,

AND AIR CIRCULATING EQUIPMENT

Period of Performance: 11/01/2023 to 10/31/2024

00060 Option Year Two - Time-and-Material (T&M)

Unscheduled Repairs in accordance with Attachment

0001, Scope of Work. Quote should be the total of section 3B on Bid Schedule.

(Option Line Item)

11/01/2023

Product/Service Code: J041

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- REFRIGERATION, AIR CONDITIONING,

AND AIR CIRCULATING EQUIPMENT

Period of Performance: 11/01/2023 to 10/31/2024

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

RFQ 140P4321Q0083

SUPPLEMENTAL INFORMATION:

This is a COMBINED SYNOPSIS / SOLICITATION for commercial items prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. The National Park Service contemplates award of a Hybrid, Firm-Fixed-Price (FFP) and Time-and-

Material (T&M) purchase order as a result of this combined synopsis/solicitation to the vendor. This announcement constitutes the only solicitation issued as Request for Quotation (RFQ) 140P4321Q0083. A WRITTEN

SOLICITATION WILL NOT BE ISSUED. FAR clauses and provisions enclosed within this RFQ are those in effect through Federal Acquisition Circular (FAC) 2021-06 and the Department of the Interior Acquisition

Regulation System (DIAR); both are available in full text through Internet access at http:// www.acquisition.gov/far/.

Point of Contact:

National Park Service Contracting Officer

Name: Todd Scola

Email: Todd_Scola@nps.gov

Phone: 508-957-0709

a) The acquisition is in support of Boston National Historical Park, Boston, MA.

b) This procurement is unrestricted under NAICS code: 238220, Plumbing, Heating and Air Conditioning

Contractors. All responsible business concerns may submit a quote which shall be considered by the National Park

Service (NPS).

c) The attached Service Contract Labor Act wage determination, 2015-4047, Rev. 16, dated 07/21/21 applies to this solicitation and the subsequent purchase order.

d) To assure timely and equitable evaluation of quotations, respondents are cautioned to comply with all instructions within this solicitation to ensure submission of a complete quotation. Respondents are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to adhere to quotation requirements, at the time of submission, may result in the quotation being unacceptable to the Government and eliminated from consideration for award.

e) Respondents are cautioned to submit adequate information to enable the Government to fully ascertain each respondent’s capability to perform the requirements in accordance with the requirements of the request for quotation

(RFQ).

f) If a respondent believes that requirements in these instructions contain an error, omission, or are otherwise flawed, the respondent shall immediately notify the Contracting Officer (Todd_Scola@nps.gov) in writing (email is the preferred method) with supporting rationale prior to the closing of this RFQ.

g) This RFQ does not commit the Government to any costs incurred in the preparation and submission of a quote or for any other costs incurred by any firm submitting a quote in response to this solicitation. Note specifically that the

Offeror will not be participating in a sealed bid procurement process under this acquisition method. Issuance of this

RFQ does not constitute an award commitment on the part of the Government.

h) Quotation must be valid for a minimum of 60 days.

i) All interested parties should be registered in the System for Award Management or SAM at time an offer or quotation is submitted.

http://www.acquisition.gov/far/ mailto:Todd_Scola@nps.gov

j) This project is currently funded based upon an independent cost estimate.

k) Respondents shall not contact any government personnel related to this requirement other than the Contracting

Officer.

l) All questions should be emailed directly to the Contracting Officer at Todd_Scola@nps.gov. Only written RFI’s will be considered and responded to by the Government. NPS responses to RFIs will be posted as an amendment to the solicitation.

PART B – CONTRACT BID SCHEDULE

Preventive Maintenance for Boilers and 24/7 repair and service for heating, hot water and plumbing systems beyond the scope and capabilities of the park maintenance operations.

National Parks of Boston Boston National Historical Park Charlestown Navy Yard Boston, Massachusetts

Submit bid for all items, utilize the Table–B from the Statement of Work to determine and combine costs for all 31 boilers. Failure to do so may render the bid non-responsive. On unit priced items, provide the unit price and the extended amount of bid. In case of error in extension of prices, unit price governs. In case of error in summation, the total of the corrected amounts governs.

Item Description of Item Estimated Unit of Unit Amount No. Quantity Measure Price ______ of Bid_______

1. Base Year

A. Preventative Maintenance (PM) Service

1 Job @ $__________ = $______________

1 Job @ $__________ = $______________

1. First PM Service on 41 boilers

2. Quartery PM Service for Building 4 on 3 Burnham boilers

3. Second PM Service on 41 boilers 1 Job @ $__________ = $______________

B. 24/7 repair service / Hourly rates

1. Day Schedule _____a.m. to ____p.m. 75 HR @ $__________ = $_______________

2. Night Schedule _____p.m. to ____a.m. 50 HR @ $__________ = $_______________

3. Weekend/Holiday Schedule 20 HR @ $__________ = $_______________

TOTAL BASE BID (1A & 1B) $______________________

2. Option Year 1

A. Preventative Maintenance (PM) Service

1 Job @ $__________ = $______________

1 Job @ $__________ = $______________

1. First PM Service on 41 boilers

2. Quartery PM Service for Building 4 on 3 Burnham boilers

3. Second PM Service on 41 boilers 1 Job @ $__________ = $______________

B. 24/7 repair service / Hourly rates

1. Day Schedule _____a.m. to ____p.m. 75 HR @ $__________ = $_______________

2. Night Schedule _____p.m. to ____a.m. 50 HR @ $__________ = $_______________

3. Weekend/Holiday Schedule 20 HR @ $__________ = $_______________

TOTAL BID OPTION Year 1 (Item 2A & 2B) $______________________

3. Option Year 2

A. Preventative Maintenance (PM) Service

1. First PM Service on 41 boilers 1 Job @ $__________ = $______________

3. Quartery PM Service for Building 4 on 3 Burnham boilers 1 Job @ $__________ = $______________

2. Second PM Service on 41 boilers 1 Job @ $__________ = $______________

B. 24/7 repair service / Hourly rates

1. Day Schedule _____a.m. to ____p.m. 75 HR @ $__________ = $_______________

2. Night Schedule _____p.m. to ____a.m. 50 HR @ $__________ = $_______________

3. Weekend/Holiday Schedule 20 HR @ $__________ = $_______________

TOTAL BID OPTION Year 2 (Item 3A & 3B) $______________________

SUMMARY BID

TOTAL AMOUNT OF BASE BID $__________________________________

TOTAL AMOUNT OF BID –

OPTION YEAR 1

TOTAL AMOUNT OF BID –

OPTION YEAR 2

TOTAL AMOUNT OF BID $__________________________________

STATEMENT OF WORK:

See Attachment 0001, Statement of Work.

PART C – COMMERCIAL CONTRACT CLAUSES

As indicated in Block 27a of the SF 1449, FAR Clause 52.212-4 Contract Terms and Conditions –

Commercial Items (OCT 2018) applies to this solicitation.

For paragraph A of the above Bid Schedule, Firm-Fixed-Price Regularly Scheduled Inspection, Testing, and Preventive Maintenance, FAR Clause 52.212-4 Contract Terms and Conditions –

Commercial Items (OCT 2018) and is incorporated by reference.

For paragraph B, Time & Material Unscheduled Repairs, FAR Clause 52.212-4, Contract Terms and

Conditions - Commercial Items (OCT 2018) - Alternate I (JAN 2017) applies and is incorporated as full text herein.

FAR 52.212-4 ADDENDUM 1.0: ADDITIONAL 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. Also, the full text of a clause may be accessed electronically at this address: http:// www.acquisition.gov/far/

FAR 52.204-13 System for Award Management Maintenance OCT 2018

FAR 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

FAR 52.223-3 Hazardous Material Identification and Material Safety Data. - Alternate I

(JUL 1995)

FEB 2021

FAR 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

FAR 52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts

AUG 2018

FAR 52.228-5 Insurance - Work on a Government Installation JAN 1997

FAR 52.252-2 Clauses Incorporated by Reference FEB 1998 http://www.acquisition.gov/far/

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013

FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984

FAR 52.237-3 Continuity of Services JAN 1991

FAR 52.242-13 Bankruptcy JUL 1995

FAR 52.242-15 Stop-Work Order AUG 1989

FAR 52.212-4 ADDENDUM 2.0 ADDITIONAL CLAUSES INCORPORATED BY FULL TEXT

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the

Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the

Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. Ten percent.

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the

Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the

Contractor to remedy by correction or replacement, without cost to the Government, any failure by the

Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

FAR 52.212-4

CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

- ALTERNATE I (JAN 2017) [ Time & Material Lines Only]

OCT 2018

(ii) The conduct of one or more of the Contractor's employees selected or retained by the

Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

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

(c) Changes. Text in paragraph (c) of both FAR 52.212-4 and FAR 52.212-4, Alternate I, is deleted and replaced with FAR 52.212-4 ADDENDUM 4.0 ADMINISTRATIVE CHANGES found herein.

(d) Disputes. Text in paragraph (d) of both FAR 52.212-4 and FAR 52.212-4, Alternate I, is deleted and replaced with FAR 52.212-4, ADDENDUM 5.0 DISPUTES, found herein.

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

(i) Direct materials mean those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) Materials means-

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate:

None.; and

(E) Indirect costs specifically provided for in this clause.

(iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contractor a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by

Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic

Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

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

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any

United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the

Contractor is reasonably notified of such claims and proceedings.

(i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the

Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the

Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial item at 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the-

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall-

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: None.

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The

Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: None.

(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price.

If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the

Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-

(A) The original timecards (paper-based or electronic);

(B) The Contractor's timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments.

The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise.

The Government within 30 days will pay any such increases, unless the parties agree otherwise. The

Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall-

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

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

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

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

(D) Contractor point of contact.

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

(6)(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, and then at the rate applicable for each six month period as established 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 in a timely manner;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting

Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

(viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion invoice" and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the

Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.

(7) Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions.

(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor.

(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the

Contractor to third parties arising out of performing this contract, that are not known to the

Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.

(iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.

(8) 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.

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

(10) 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 that 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 an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that 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 that 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 written request, with adequate assurances of future performance. Subject to the terms of this contract, the Contractor shall be paid an amount computed under paragraph (i) Payments of this clause, but the "hourly rate" for labor hours expended in furnishing work not delivered to or accepted by the Government shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified in paragraph

(a)(4) of this clause, the portion of the "hourly rate" attributable to profit shall be 10 percent. In the event of termination for cause, 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. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly

American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8)…