Sol_140P5126Q0021.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6/1995)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NUMBER

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

c. CITY

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

P O Box 7 NPS Warehouse, 61 Maintenance Rd

NPS SER EAST MABO

100 Alabama St., SW 1924 Building Atlanta GA 30303-8701

0044038361140P5126Q0021

Edward Dingle

507-5747 NPS, Mammoth Cave NP

42259

04/26/2026

05/21/2026 1300 ED

03/01/2027

Mammoth Cave

KY

Suggested Vendor: OPEN Header Text:

PMIS 191155A, Cyclic Repainting Of

Elevator Structure And Replace

Deteriorating Lift Cables POC - Chris

Parker Address: 1 Mammoth Cave Parkway

61 Maintenance Rd. Mammoth Cave, KY

42259 Repaint elevator structure and replace deteriorating lift cables, includes the following items of work:

-Wire brushing all framework to remove rust, algae, and old paint from surface to be painted. -Prepare painting surface with rust retardant primer. -Paint the

270 ft. high structural steel frame that supports the elevator within Mammoth

Cave epoxy paint. -Replace the elevator

Continued...

1 48

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

140P5126Q0021 lift cables. Because of the damp vertical shaft in which this work must be accomplished, this project will be highly technical in nature. Appropr iate safety precautions will be meticulously followed

Period of Performance: 06/01/2026 to

03/01/2027

00010 This project includes the complete repainting of the structural steel elevator shaft (approx.

270 vertical feet) and full replacement of deteriorated lift cables. The elevator is housed in a confined vertical shaft within

Mammoth Cave. Work involves: Environmental containment and shaft ventilation, Lift cable removal and installation per ANSI/NEII, SSPC-compliant surface prep and epoxy painting, Hot work/fire watch procedures as needed for weld repairs, Strict environmental controls to prevent contamination in the cave, and Quality assurance testing, certifications, and shaft restoration for Mammoth Cave National Park

Mammoth Cave, Kentucky in accordance with the attached statement of work.

Product/Service Code: Z2QA

Product/Service Description: REPAIR OR

ALTERATION

OF RESTORATION OF REAL PROPERTY (PUBLIC OR

PRIVATE)

Delivery: 03/01/2027

Combined Synopsis/Solicitation for Commercial Services

FAR 12.202

Document Type: Combined Solicitation/Synopsis Solicitation Number: 140P5124Q0021 Posted Date: April 26, 2026 Original Response Date: May 21, 2024 Current Response Date: May 21, 2024 Product or Service Code: Z2QA Set Aside: 100% Small Business NAICS Code: 238290

Contracting Office Address:

National Park Service Contracting Operations East 100 Alabama St. SW, Building 1924, 5th Floor Atlanta, GA 30303

Description:

This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format outlined in FAR Subpart 12.202. Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

The National Park Service, Contracting Operations East has a requirement for complete repainting of the structural steel elevator shaft (approx. 270 vertical feet) and full replacement of deteriorated lift cables.

The elevator is housed in a confined vertical shaft within Mammoth Cave. Work involves:

Environmental containment and shaft ventilation, Lift cable removal and installation per ANSI/NEII, SSPC-compliant surface prep and epoxy painting, Hot work/fire watch procedures as needed for weld repairs, Strict environmental controls to prevent contamination in the cave, and Quality assurance testing, certifications, and shaft restoration for Mammoth Cave National Park Mammoth Cave, Kentucky. This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2026-01 dated March 13, 2026.

The associated North American Industrial Classification System (NAICS) code for this procurement is 238290, Other Building Equipment Contractors, with a small business size standard of $22,000,000.00. The Product Service Code (PSC) Z2QA: Repair Or Alteration Of Restoration Of Real Property (public Or Private).

In accordance with FAR Part 28, performance and payment bonds are required at 100% of the contract price and must be submitted within ten (10) days of receiving the award.

In accordance with FAR Subpart 28, a certificate of insurance is required, and coverage must be at a minimum of: $50,000 per person; $100,000 per occurrence; and $100,000 per property. The insurance certificate must be submitted within 10 calendar days of receipt of the award.

The contractor must have current Representation and Certifications in SAM.gov, submitted with quote.

The Government contemplates the award of a single Firm-Fixed Price Contract using the best value – Lowest Priced Technically Acceptable (LPTA) source selection procedures. All eligible and responsible sources may submit a quote, which if timely received, shall be considered by the Agency. Companies must have valid Unique Entity Identifier and be registered with System for Award Management (www.sam.gov). SAM.gov offers free services. An offeror must ensure that they are self-certified under NAICS Code 238290 in the Representations and Certifications portion of SAM.gov. The basis of award is the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award will be made to the responsible respondent pursuant to FAR subpart 9.1.

http://www.sam.gov/

Required Services:

Mammoth Cave National Park

STATEMENT OF WORK

Cyclic Repainting of Elevator Structure and Replace Deteriorating Lift Cables

PMIS# 191155

DATED: 12/3/2025

NATIONAL PARK SERVICE

SOUTHEAST REGION

PART 1 – GENERAL

ITEM 1 – DESCRIPTION OF WORK

1.1 The work of this contract includes the complete repainting of the 270-foot-high steel elevator support structure, and the replacement of all deteriorated elevator lift cables within the vertical elevator shaft at Mammoth Cave National Park. The work encompasses:

• Cleaning and preparing all structural steel framing, ladders, landings, and other exposed steel elements within the elevator shaft.

• Applying rust-inhibitive primer and high-performance epoxy topcoats to all prepared surfaces.

• Installation of new elevator lift cables conforming to NEII and ANSI A17.1 code requirements.

• Implementation of ventilation, containment, environmental, and worker safety controls in a damp and enclosed vertical shaft environment.

1.2 Due to the elevator’s location within a cave environment, the project is technically complex and will require stringent adherence to environmental controls, air quality, and worker safety per OSHA 1926, NFPA 101, and NPS cave protection standards.

ITEM 2 – LOCATION

2.1 The work is located within the vertical elevator shaft of Mammoth Cave National Park’s primary visitor elevator. Access is via the surface Elevator Building and limited catwalks. The shaft descends approximately 270 feet into the cave system.

ITEM 3 – CONTRACTOR’S USE OF PREMISES

3.1 Contractor must confine operations to designated areas.

3.2 The elevator shaft will be closed to public and park staff during construction.

3.3 Staging, storage, and access will be coordinated with the COR.

3.4 Protective barriers must be installed at all access points, including stationing a guard at open elevator doors, or with the installation of locked barriers.

3.5 Damage to cave walls, formations, or park facilities must be prevented and, if occurs, fully remediated at Contractor’s expense.

ITEM 4 – WORK SEQUENCE

4.1 Mobilization, access setup, containment

4.2 Lift cable removal and replacement (first priority)

4.3 Surface prep and rust treatment of structural steel

4.4 Application of primer and finish epoxy coatings

4.5 Final system testing and site restoration

4.6 All work must proceed in a logical, phased manner to avoid rework or unsafe conditions, with daily oversight by the Contractor's on-site superintendent.

ITEM 5 – EXISTING CONDITIONS

5.1 The shaft is damp, confined, and may exhibit elevated humidity and condensation.

5.2 Existing cables are at the end of their lifecycle and must be removed.

5.3 The existing structural steel may show corrosion and scaling; detailed inspection and profile prep are required.

5.4 Temporary drying or dehumidification may be required.

5.5 Any observed structural damage, including cracked welds, deformed steel, or compromised connections, must be immediately reported to the COR for assessment.

5.6 No structural repairs shall proceed without prior written approval. If Hot Work (e.g., welding, grinding, cutting) is required, the contractor shall implement a Hot Work Permit system, including fire watch, fire-resistant blankets, gas detection, and compliance with NFPA 51B, OSHA 1926 Subpart J, and park-specific fire protection protocols.

ITEM 6 – SUBMITTALS

6.1 Submit the following 15 days prior to mobilization:

• Surface prep and painting plan (SSPC, OSHA compliant)

• Containment, vapor barrier, and ventilation plan (LEL <10%)

• Lift cable specifications (NEII/ANSI compliant)

• Safety plan including fall protection, egress, and rescue

• Work schedule with durations, milestones, dependencies

• Equipment and paint product data sheets

• Qualifications of painting and elevator subcontractors

ITEM 7 – TEMPORARY FACILITIES AND CONTROLS

7.1 Contractor to provide all sanitary, electrical, and water needs.

7.2 No fuel-powered equipment allowed in the shaft.

7.3 Use only low-VOC, OSHA-compliant, explosion-proof equipment.

7.4 Electrical must meet NEC, OSHA 1926.405, and be grounded <25 ohms.

7.5 Contractor to install negative-pressure ventilation with HEPA and LEL monitoring.

ITEM 8 – SAFETY REQUIREMENTS

8.1 OSHA 29 CFR 1926 compliant fall protection, scaffolding, and confined space protocols are mandatory.

8.2 All personnel must be trained in elevator shaft safety.

8.3 Daily safety toolbox talks, weekly formal safety meetings.

8.4 The shaft is a hard-hat and respirator-mandatory zone.

8.5 Emergency egress plans must be posted at all access points.

ITEM 9 – PROJECT MEETINGS

9.1 Preconstruction meeting with CO and COR mandatory.

9.2 Weekly progress meetings required; new subs must attend orientation.

9.3 Daily briefings before shift start covering hazards and work zones.

ITEM 10 – PROJECT CLOSEOUT

10.1 Final cleaning of shaft, surface restoration, and demobilization.

10.2 Submit:

• Punch list completion cert

• As-built lift cable logs

• Paint product batch reports

• Vapor test logs

• Before/after photo documentation

• Warranty documents

• Certified test results verifying lift cable tensile strength and conformance with ANSI A17.1 and NEII standards, stamped by the installing elevator contractor. Tests must include pull force, elongation, and inspection for defects or manufacturing irregularities

ITEM 11 – REFERENCES AND STANDARDS

11.1 Painting and Surface Prep: SSPC-SP1, SP2, SP3, SP7, SP15; ASTM D4285, D4417, D3359, D4541

11.2 Elevator Components: NEII-1, ANSI A17.1, ASME A17.5

11.3 Safety and Access: OSHA 29 CFR 1926, NFPA 101, IBC

11.4 Environmental Protection: EPA 832-R-92-005, NPS DO#13A

11.5 Fall Protection: 29 CFR 1926.500–503

11.6 Electrical Safety: NEC (NFPA 70), OSHA 1926 Subpart K

11.7 Confined Space: 29 CFR 1910.146

ITEM 12 – PRODUCTS

12.1 2.1 Painting System

• Primer: Noxyde Red, 20 mil wet application

• Finish: Noxyde Federal Gray, 20 mil wet application

• Application Method: Airless spray, brush for edges/stripes

• Film Thickness: Total 14 mils DFT minimum

• VOC Compliance: Low-VOC, <100 g/L, with MSDS submittals

12.2 Elevator Lift Cables

• Provide new traction steel elevator cables sized per existing sheaves and car weight.

• Must meet or exceed ANSI A17.1-2019 and NEII requirements.

• Must be installed and tested by a certified elevator contractor.

• Include termination hardware, thimbles, wedge sockets, and dampers.

ITEM 13 – EXECUTION

13.1 Mobilization and Access Control

• Install barriers and access control at top/bottom elevator entrances.

• Set up negative-pressure containment and ventilation per SSPC Guide 6.

• Implement vapor monitoring system to maintain LEL <10%.

• Clean all tools and equipment before cave entry (EO 13112 invasive species control).

13.2 Removal of Elevator Cables

• Lockout-tagout system per OSHA 1926.417.

• Disconnect, lower, and remove all existing cables under controlled hoisting.

• Inspect sheaves, drums, and guides for wear and corrosion.

• Document all removals with date-stamped photos.

13.3 Cable Installation

• Install new cables per manufacturer specs, using calibrated tension meters.

• Verify alignment, load balance, and damping.

• Perform operational testing and document safety certification.

13.4 Surface Preparation

• Clean surfaces with Cleaner/Degreaser and fresh water rinse.

• Use SSPC-SP2/SP3 for general areas; SSPC-SP7 for heavily rusted areas.

• Profile to be confirmed with replica tape (ASTM D4417, Method C).

• Document air cleanliness with ASTM D4285.

13.5 Painting

• Apply stripe coats to all edges, welds, and fasteners.

• Apply primer and topcoat to required DFT.

• Check wet film thickness per ASTM D4414 during application.

• Dry film measured with magnetic gauges per SSPC-PA 2.

13.6 Environmental and Shaft Protection

• All fumes must be vented upward through mechanical systems; natural convection allowed only when <45°F.

• Protect cave walls from overspray using impermeable tarps.

• Seal elevator bottom door with airtight vapor barrier and inspect daily.

• Use silt traps and pump filters to prevent paint or rinse water from entering cave drainage systems.

13.7 Daily Inspections and Logs

• Maintain log of LEL readings, ambient conditions, worker entries/exits.

• Paint batch logs, DFT readings, cable tension reports must be submitted weekly.

• The COR will conduct visual and destructive testing (Tooke gauge) as needed.

13.8 Structural Repairs and Hot Work

• If during cleaning or painting operations any structural deficiencies are identified, such as broken welds, fatigue cracks, or deformation, the Contractor shall:

o Immediately notify the COR with photographic evidence and location mapping.

o Suspend work in the affected area until directed otherwise.

o Submit a written repair plan stamped by a licensed structural engineer, including method of repair, materials, and QA/QC checkpoints.

• Hot Work operations shall only proceed under a site-specific Hot Work Permit Program conforming to:

o NFPA 51B: Standard for Fire Prevention During Welding, Cutting, and Other Hot Work o OSHA 1926.352–354: Fire protection and welding standards o NPS/park-specific fire and confined space procedures.

• Fire watch personnel and extinguishers must be present for all Hot Work. No work may proceed without written approval from the COR.

13.9 Final Cleanup and Demobilization

• Remove all masking, barriers, debris.

• Clean shaft base of all residues.

• Submit as-built documentation, cable certifications, and final inspection checklist for COR review.

ITEM 14 – PICTURES

Overview of Elevator Building

Primary egress to Elevator Building

Back of Elevator Building

Elevator Door (Topside)

Elevator Floor Select Panel (Interior elevator)

Electrical Control Panel (Access floor above elevator – Topside)

Electrical Control Cabinet (Access floor above elevator – Topside)

Elevator Drive Mechanism (Access floor above elevator – Topside - Front)

Elevator Drive Mechanism (Access floor above elevator – Topside - Side)

Elevator Drive Mechanism (Access floor above elevator – Topside - Back)

Elevator Electrical Drive Mechanism (Access floor above elevator – Topside)

Old Elevator Cables - Front

Old Elevator Cables - Back

Elevator Shaft and Structure (1)

Elevator Shaft and Structure (2)

Elevator Shaft and Structure (3)

Elevator Shaft and Structure (4)

SITE VISIT

A site is scheduled on May 04, 2026, 09:00am Eastern Daylight Time (EDT).

All interested companies shall provide quotes for the following:

Provide Maintenance Repairs for Elevator Cables and Painting of Structure:

LINE ITEM 00010: This project includes the complete repainting of the structural steel elevator shaft (approx. 270 vertical feet) and full replacement of deteriorated lift cables. The elevator is housed in a confined vertical shaft within Mammoth Cave. Work involves: Environmental containment and shaft ventilation, Lift cable removal and installation per ANSI/NEII, SSPC-compliant surface prep and epoxy painting, Hot work/fire watch procedures as needed for weld repairs, Strict environmental controls to prevent contamination in the cave, and Quality assurance testing, certifications, and shaft restoration for Mammoth Cave National Park Mammoth Cave, Kentucky in accordance with the attached statement of work.

All pricing shall be affixed to attachment 0003.

CLAUSES INCORPORATED BY REFERENCE

52.252-2 Clauses Incorporated by Reference FEB 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon 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/

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government JUN 2020

20.203.7 Anti-Kickback Procedures JUN 2020

52.203-11 Certification and Disclosure Regarding Payments to Influence SEP 2024

Certain Federal Transactions 52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020 52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.203-17 Contractor Employee Whistleblower Rights NOV 2023 52.203-18 Prohibition on Contracting with Entities that Require Certain JAN 2017

Internal Confidentiality Agreements or Statements-Representation.

52.203-19 Prohibition on Requiring Certain Internal Confidentiality JAN 2017

Agreements or Statements 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-7 System for Award Management—Registration APR 2025 52.204-10 Reporting Executive Compensation and First-Tier Subcontract APR 2025

Awards 52.204-13 System for Award Management Maintenance APR 2025 52.209-2 Prohibition on Contracting With Inverted Domestic APR 2025

Corporations-Representation.

52.209-5 Certification Regarding Responsibility Matters APR 2025 52.209-6 Protecting the Government's Interest When Subcontracting With APR 2025

Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded 52.209-11 Representation by Corporations Regarding Delinquent Tax APR 2025

Liability or a Felony Conviction under any Federal Law 52.212-1 Instructions to Offerors--Commercial Items APR 2025 52.212-4 Contract Terms and Conditions— APR 2025

Commercial Items 52.216-25 Contract Definitization APR 2025 52.219-1 Small Business Program Representations APR 2025 52.219-8 Utilization of Small Business Concerns APR 2025 52.219-14 Limitations on Subcontracting APR 2025 52.219-28 Postaward Small Business Program Rerepresentation APR 2025 52.222-3 Convict Labor APR 2025 52.222-35 Equal Opportunity for Veterans APR 2025 52.222-36 Equal Opportunity for Workers with Disabilities APR 2025 52.222-37 Employment Reports on Veterans APR 2025 52.222-41 Service Contract Labor Standards APR 2025 52.222-50 Combating Trafficking in Persons APR 2025 52.226-7 Drug-Free Workplace MAY2024 52.226-8 Encouraging Contractor Policies to Ban Text MAY2024

Messaging While Driving http://www.acquisition.gov/far/

52.229-3 Federal, State, and Local Taxes APR 2025 52.232-1 Payments APR 1984 52.232-16 Progress Payments APR 2025 52.232-23 Assignment of Claims MAY 2014 52.232-33 Payment by Electronic Funds Transfer-System for Award OCT 2018

Management 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small MAR 2023

Business Subcontractors 52.233-3 Protest after Award APR 2025 52.233-4 Applicable Law for Breach of Contract Claim APR 2025 52.237-2 Protection of Government Buildings, Equipment, APR 1984 and Vegetation 52.242-13 Bankruptcy APR 1984 52.244-6 Subcontracts for Commercial Products and Commercial Services APR 2025 52.246-4 Inspection of Services-Fixed-Price AUG 1996 52.246-25 Limitation of Liability-Services FEB 1997 52.252-5 Authorized Deviations in Provisions NOV 2020 52.252-6 Authorized Deviations in Clauses NOV 2020

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 Evaluation-- Commercial Products and Commercial Services (APR 2025)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors syn. The following factors will be used to evaluate offers:

(1) Price

(2) Technical Capability

(3) Past Performance

Technical Capability and past performance, when combined, are equal when compared to price.

(b) Options (if applicable). 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. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, must result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-4 Terms and Conditions—Commercial Products and Commercial Services (APR 2025)

As prescribed in 12.205(b)(3), insert the following clause:

TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION DATE)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

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

The Government must exercise its post acceptance rights—

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

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

(c) 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.

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

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

(f) Excusable delays. The Contractor must be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include 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. When an excusable delay occurs, the Contractor must—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor must submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

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

(i) Payment—

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

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

(3) Discount. In connection with any discount offered for early payment, time must be computed from the date of the invoice. For the purpose of computing the discount earned, payment must 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.

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

(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;

(D) Contractor point of contact; and

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

http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section3903&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section3903&num=0&edition=prelim

(5) Interest.

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

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

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

(v) Amounts must 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 termination for cause.

(vi) The interest charge must 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 for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract must remain with the Contractor until, and must 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 must immediately stop all work and must immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor must 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 must 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 must 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government must not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor must 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 must be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract must 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 under this contract 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) 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; 40 U.S.C.

chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following must govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user must be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

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

(2) The Contractor must make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated must be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract must be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

Alternate I (DEVIATION DATE). When contemplating a time-and-materials or labor-hour contract, substitute the following paragraphs (a), (b), (i), (l), and (m) for those in the basic clause.

(a) The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

As used in this clause—

Direct materials means 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.

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—

(1) Performed by the contractor;

(2) Performed by the subcontractors; or

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

Materials means—

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

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

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

(4) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.];

and

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

Subcontract means any contract, as defined in FAR 2.101, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or 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.

(b) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract at all places and times before acceptance. 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 must furnish and must 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 (b)(6) of this clause, the cost of replacement or correction must be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction must 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 must be 10 percent. The Contractor must 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, must disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(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 must be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (b)(4) and (5) of this clause, 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

(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 must be governed by the clause pertaining to Government property.

(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 must 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 must be payable on a prorated basis.

(B) The rates must 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 must 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 must 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 must be negotiated.

(2) Failure to agree upon these overtime rates must 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 product at FAR 2.101, the price to be paid for such materials must 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 must—

(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) 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: [Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert “None” if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert ‘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: [Insert a fixed amount for the indirect costs and payment schedule. Insert “$0” if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert ‘None’).”]

(2) Total cost. The total cost to the Government for the performance of this contract must not exceed the ceiling price set forth in the Schedule. 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 must notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and…