Solicitation_140R6025Q0052.pdf

U.S. Department of the Interior Bureau of Reclamation

Region

Wyoming Parking Pad & Vault Toilet (Building)

- Cedar Mountain

RFQ 140R6025Q0052

June 2025

WY Parking Pad & Vault Toilet-Cedar Mountain _

1 - Foreword

FOREWORD

General Information:

Contract Opportunity Type: Request for Quote (RFQ)

Description:

The purpose of this project is to provide visitors with a restroom facility within the designated recreation area. The Bureau of Reclamation's Wyoming Area Office (WYAO) is in need of one (1) pre-cast concrete double vault toilet building, which includes the building, roof, vault, liner, all other associated components, and backfilling as described in the Performance Work Statement (PWS). The project work also includes all labor, equipment, materials, and supplies necessary for a parking pad and sidewalk.

Actual/specific location for the Cedar Mountain Recreation Area Parking Lot - Lot 19 Sec. 4, T52N R102W, Park County, WY (Exhibit A) –a double vault toilet with 2 Single User Restrooms - 2 Toilets. (Near Cody, Wyoming).

Construction Constraints:

1) Safety of the public recreating at this location during mobilization, construction/installation, and demobilization.

2) Project work is to be conducted Monday through Friday, between the hours of 7:00 AM and 5:00 PM (Mountain Daylight Time Zone – local time). Project work is not authorized on Federal Holidays without the pre-approval by the Contracting Officer’s Representative or Contracting Officer.

3) Cell Service may be limited.

Classification:

NAICS: 238120 Structural Steel and PreCast Concrete Contractors Product Service Code: Y1PA Construct Misc Buildings Requires WO

Magnitude of Project:

In accordance with FAR 36.204, the magnitude of the project is between $25,000 and $100,000.

Period of Performance:

The period of performance is negotiable (90 calendar days) after receipt of the Notice to Proceed. The period of performance is inclusive of receipt and acceptance of all submittals by the Bureau of Reclamation, as well as final clean-up.

Site Visit:

Please see 52.236-27 Site Visit (Construction) of this solicitation.

2 - Foreword

Method of Submission of Proposals:

See Evaluation Factors and Instructions to Quoters

Contract Type:

Firm-Fixed Price

Evaluation Criteria:

See Evaluation Factors and Instructions to Quoters

Point of Contact All questions and correspondence concerning this solicitation should be submitted via email to Contracting Officer Darlene Dillon at the following email address: DDillon@usbr.gov .

For record keeping purposes, telephone communications will not be accepted. ALL communications shall be via email to the Contracting Officer. PLEASE DO NOT SEND MAIL

TO THE BUREAU OF RECLAMATION, BILLINGS, MONTANA, OR SALT LAKE CITY,

UTAH.

mailto:DDillon@usbr.gov

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION CALL

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0044010538

Bureau of Reclamation Missouri Basin Regional Office 2021 4th Avenue North Billings

MT 59101

R60

Bureau of Reclamation

Missouri Basin Region

Attn: Contracting Officer Darlene Dillon Email: DDillon@usbr.gov

Darlene Dillon 406-247-4037

107/01/2025

140R6025Q0052

INVITATION FOR BID

REQUEST FOR PROPOSAL

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Wyoming Parking Pad & Vault Toilet (Building), Cedar Mountain

The North American Industry Classification System (NAICS) code is 238120 Structural Steel and PreCast Concrete Contractors with a size standard of $19M.

The Product Service Code (PSC) is Y1PA Construct Misc Buildings Requires WO

The set-aside is Total Small Business.

Taxpayer Identification Number

(TIN):_________________________________________________

Unique Entity ID (UEI):______________________________________________________________

11. The Contractor shall begin performance within

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 90 calendar days and complete it within ________________ ________________ calendar days after receiving

Section/Paragraph No. 11

07/17/2025

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 12/2022)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

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

BY

2PAGE OF

Bureau of Reclamation Missouri Basin Regional Office

2021 4th Avenue North Billings MT 59101

R60

Darlene Dillon

28. NEGOTIATED AGREEMENT 29. AWARD

and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations,certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( ) and return

(Contractor is not required to sign this document.) Your offer on this X

Invoice Processing Platform System US Department of Treasury https://www.ipp.gov

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R6025Q0052

00010 Cedar Mtn Double Vault with Parking Pad

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

Sponsored by GSA

FAR (48 CFR) 53.110

1 AU $_________________

Price Schedule e S c h e d u l e

PRICE SCHEDULE

1. Contractor/quoter shall provide the quotation in accordance with the Price Schedule below. Failure to complete all line items on the Price Schedule may be cause to determine the quotation non-responsive.

2. All quotations shall be valid for a minimum of 90 calendar days.

3. The Government reserves the right to incorporate changes in quantity/quantities.

4. Delivery shall be F.o.b. Destination.

5. Items shall be new, not refurbished, non-counterfeit or rebranded.

6. Payment will be made by the Invoice Processing Platform (IPP).

7. Purchase Order is a firm-fixed price.

8. The Government reserves the right to not make an award.

9. REQUIRED: Specification Sheets (with pictures) and Drawings documenting the characteristics and design of the pre-cast concrete double vault toilet shall be provided with the quotation. Failure to provide specification sheets (with pictures) and drawings may be cause to determine the quotation non-responsive.

10. REQUIRED: Failure to complete all line items on the Price Schedule may be cause to determine the quotation non-responsive. Please ensure math is correct, without mathematical errors.

Units of Measure: LS: Lump Sum lbs: pound(s) CY: cubic yard(s)

Statement of Work for Supplying, Delivering, and Installing One (1) Double Vault Toilet Building at Cedar Mountain

Recreation Site, Park County, Wyoming

Wyoming Area Office Bureau of Reclamation

1.0 Background

The Wyoming Area Office (WYAO) of the Bureau of Reclamation has a need to install one (1) pre-cast concrete double-vault toilet at the Cedar Mountain Recreation Area Parking Lot in Park County, Wyoming. Proposed double vault toilet location is shown in Attachment A – Location Map.

2.0 Scope

The WYAO is in need of one (1) pre-cast concrete double vault toilet building; includes building, roof, vault, liner, and all other associated components, as described below. The contracted work also includes the provision of all labor, equipment, materials, and supplies necessary for a parking pad and sidewalk.

a. Location Description

a. Cedar Mtn. Recreation Area Parking Lot - Lot 19 Sec. 4, T52N R102W, Park

County, WY (Exhibit A) –a double vault toilet with 2 Single User Restrooms

- 2 Toilets. (Near Cody, Wyoming).

3.0 Objectives

The purpose of this project is to provide visitors with a restroom facility within the designated recreation area.

4.0 Tasks

The Contractor will deliver and provide all labor, equipment, materials, and supplies necessary for the installation of one (1) double vault toilet building. (See Photo Log and Attachments).

The interior and exterior, including all equipment, will be compliant with Architectural Barriers Act (ABA) standards and American Disabilities Act (ADA) standards. Contractor shall be responsible for obtaining all necessary permits required by the State of Wyoming Department of Environmental Quality for installation of a new double vault toilet. The contractor shall ensure all culverts, bridges, and roads to the project location meet the HS-20 Loading limits or appropriate legal loading limits.

a. Minimum Specifications

a. The double vault toilet building and vaults will be pre-manufactured, pre-cast concrete.

b. The waste-collecting sanitary toilet vaults will have double-walled vault liners and vault cleanout access that is water-tight. The double toilet vault will have a minimum 2,000-gallon capacity (1,000-gallon capacity per toilet). The building will have two separate unisex restrooms and the following will be included in each restroom: 1

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i. Toilet riser with heavy duty seat and lid

ii. Wall-mounted grab bars surrounding the toilet

iii. Locking toilet roll dispenser

iv. Coat hook

v. Positive air ventilation

vi. Stationary translucent window

c. The new double vault toilet building will have pre-finished, reinforced steel entry doors and steel frames, hydraulic door closer on each door, exterior (keyed) locks and lever-type door handles, and interior lever type handles with interior-privacy, lever-locking capability.

d. Restroom exterior door keys (two sets for each door) are to be given to Reclamation staff upon completion of the construction.

e. Doors, door handles, door locks, door levers, door hinges, door closers, and any other hardware will be of high quality commercial grade.

f. To reduce sewage odors in the restrooms, toilets will have one vertical 12” diameter round pipe installed to vent each vault, with each pipe raised a minimum of 3’ above the highest point of the roof. Vent screens will be installed to eliminate the ability of wildlife to enter the vent.

g. The exterior, walls and roof, of the new comfort station building shall be of a material that eliminates the need for painting and reduces overall maintenance requirements.

h. The interior and/or exterior of the double vault toilet building will include an application of an anti-graffiti sealant, where appropriate.

i. The interior walls and floor of each restroom will have a smooth, epoxy coated finish, which will be a neutral color approved by the Contracting Officer Representative (COR).

j. Each restroom will have stationary, translucent glazed windows for natural interior lighting capability.

k. Signage will be installed inside each restroom: “Please do not put trash in toilet. It is extremely hard to remove. Thank you.”

l. Unisex signage will be installed on the exterior of each restroom.

m. The new double vault toilet buildings (interior and exterior) accessibility will all be compliant with ABA and ADA standards.

n. All work will be in accordance with the statement of work, attachments, and all other requirements.

b. Work to be Performed by the Contractor

a. Submittals required for approval by the Contracting Officer or Contracting Officer

Representative listed in Section 6.0.

i. Submittal review will require 28 days for review of each submittal or resubmittal, unless otherwise specified.

ii. Time required for review of each submittal or resubmittal begins when complete sets of materials required for a particular RSN are received via email.

iii. Transmittal of Submittals:

iv.

• Submission of Submittals shall be in accordance with the submittal table.

b. Supply, deliver, and install a double vault toilet building as described in Location Description.

c. Provide all labor, equipment, materials, and supplies, necessary to perform all work.

d. Locating all underground utilities in the vicinity of work.

e. Completion of any necessary paperwork for clearance of work to be conducted at these sites (a separate Small Wastewater Treatment Facility Application for Permit to Construct, etc.)

f. Any required excavation work prior to installation of the double vault toilet building by contractor.

g. Backfilling and compacting of soil for the project site after installation by contractor.

h. Sloping and final grading of site to ensure drainage is away from the double vault toilet building on all sides.

i. All work necessary to construct the accessible parking space with appropriate signage and access to the double vault toilet building.

i. Extend the sidewalk from the double vault toilet to join the ABA/ADA parking pad.

ii. New concrete of 36” wide sidewalk and 16’x16’ ABA/ADA parking pad at double Vault Toilet

j. Remove any garbage/waste associated with the project.

i. Contour and grade out the soil dug and removed for the vault into the parking lot area.

ii. Remove any rocks found in the soil that is dug and removed for the vault to be inline with the boulders, surrounding the parking lot area.

5.0 Safety Plan

a. Submit a comprehensive, job-specific safety plan in accordance with the requirements of the Reclamation Safety and Health Standards (RSHS), https://www.usbr.gov/safety/ rshs/index.html, and in Section 6.0 Submittals.

b. Submit a Job Hazard Analysis (JHA) in Section 6.0 Submittals.

c. At least one person on site has to be First Aid Certification and submitted into Section

6.0 Submittals.

d. The minimum work crew at any time on the construction site shall consist of no less than two people.

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https://www.usbr.gov/safety/rshs/index.html https://www.usbr.gov/safety/rshs/index.html

6.0 Submittals

RSN Submittals Required Due date or delivery time

Respon sible Code

Sets to be sent:

CO COR

1 Certificate of Liability Insurance

Prior to commencement of work

CO 1

electronic

2 List of names of onsite Project Manager and onsite Safety officer/personnel

At least 28 days before performing onsite work.

CO 1

electronic electronic

3 Certified Payroll Weekly for each week of contract performance

COR 1 Encrypted electronic

1 Encrypted electronic

4 List of contractor and subcontractor employees, vehicles and equipment to be brought onsite

At least 10 days prior to arriving at worksite

COR 1

electronic electronic

5 Practicable schedule Within 28 days of Notice to Proceed

COR 1

electronic electronic

6 Safety Plan and JHA At least 28 days before performing onsite work.

COR 0 1

electronic

7 First Aid Certification(s) At least 28 days before performing onsite work.

COR 0 1

electronic

8 Monthly Accident Summary Report

First day of each month.

COR 0 1

electronic

9 Waste Production and Disposal Records

After completion of the work and prior to final payment.

COR 0 1

electronic

10 Drawing of Double Toilet Building

Within 28 days of the Notice to Proceed

COR 0 1

electronic

11 Product Data for Double Vault and Liner

Within 28 days of the Notice to Proceed

COR 0 1

electronic

12 Warranty Information Prior to final payment COR 0 1 electronic

13 Release of Claims (DI-

137) against the Government

After completion of the work and with final invoice

COR 1

electronic

14 Neutral color choice for walls and floor

At least 28 days before performing onsite work.

COR 0 1

electronic

7.0 Delivery

a. All work conducted by the Contractor must be conducted Monday – Friday (except on Federal holidays) and between the hours of 7:00 am and 5:00pm, unless permission is otherwise granted by the Contracting Officer.

b. The Contractor will be liable for damage to roads, utilities, structures, and property, due to any act, omission, neglect, or misconduct during the period of performance of the services of this contract.

c. The Contractor is required to give 7 days notice prior to beginning on site work.

8.0 Government-Furnished Property

No Government Furnished Property will be supplied for this contract.

9.0 Security

There are no security concerns for this action.

10.0 Place of Performance

The performance will take place as described in Section 2.0.a – Location Description.

11.0 Period of Performance

The project will be completed and available for use within (negotiable) 90 calendar days after receipt of Notice to Proceed.

12.0 Photo Log

The location for the vault toilet building is identified by the red arrow. (Near Cody, Wyoming).

Location of the vault toilet building is to be in the highlighted area. (Near Cody, Wyoming).

Location of the vault toilet building is identified by the highlighted circled area. (Near Cody, Wyoming).

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DDillon Highlight

CLAUSES

52.203-18 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

Jan 2017

52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 52.211-18 Variation in Estimated Quantity Apr 1984 52.222-6 Construction Wage Rate Requirements (Aug 2018) [DEVIATION

Feb 2025] Note: In accordance with Executive Order 14173 signed by the President on January 21, 2025. See https://www.acquisition.gov/sites/default/files/caac/CAAC_Letter_2 025_Supplement-1.pdf

Feb 2025

52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records Jul 2021 52.222-10 Compliance with Copeland Act Requirements Feb 1988 52.222-11 Subcontracts (Labor Standards) (May 2014) [DEVIATION Feb

2025] Note: In accordance with Executive Order 14173 signed by the President on January 21, 2025. See https://www.acquisition.gov/sites/default/files/caac/CAAC_Letter_2 025_Supplement-1.pdf

Feb 2025

52.222-12 Contract Termination-Debarment (May 2014) [DEVIATION Feb 2025] Note: In accordance with Executive Order 14173 signed by the President on January 21, 2025. See https://www.acquisition.gov/sites/default/files/caac/CAAC_Letter_2 025_Supplement-1.pdf

Feb 2025

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

May 2014

52.222-14 Disputes Concerning Labor Standards Feb 1988 52.222-15 Certification of Eligibility May 2014 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While

Driving May 2024

52.229-4 Federal, State, and Local Taxes Feb 2013 52.236-7 Permits and Responsibilities Nov 1991

52.213-4 Terms and Conditions – Simplified Acquisitions (Other than Feb 2025 Commercial Products and Commercial Services) (Jan 2025) (Deviation Feb 2025)

(a)The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1)The clauses listed below implement provisions of law or Executive order:

(i)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further https://www.acquisition.gov/sites/default/files/caac/CAAC_Letter_2025_Supplement-1.pdf https://www.acquisition.gov/sites/default/files/caac/CAAC_Letter_2025_Supplement-1.pdf https://www.acquisition.gov/sites/default/files/caac/CAAC_Letter_2025_Supplement-1.pdf https://www.acquisition.gov/sites/default/files/caac/CAAC_Letter_2025_Supplement-1.pdf https://www.acquisition.gov/sites/default/files/caac/CAAC_Letter_2025_Supplement-1.pdf https://www.acquisition.gov/sites/default/files/caac/CAAC_Letter_2025_Supplement-1.pdf https://www.acquisition.gov/far/52.203-19#FAR_52_203_19

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii)52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L.

115-91).

(iii)52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv)52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328), unless the agency grants an exception - see paragraph (b) of 52.204-27.

(v)52.204-30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

(vi)52.222-3, Convict Labor (JUN 2003) (E.O.11755).

(vii)52.222-21, Prohibition of Segregated Facilities (APR 2015). Note: In accordance with Executive Order 14173 signed by the President on January 21, 2025, Executive Order 11246 of September 24, 1965 (Equal Employment Opportunity) is hereby revoked.

(viii)52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). Note: In accordance with Executive Order 14173 signed by the President on January 21, 2025, Executive Order 11246 of September 24, 1965 (Equal Employment Opportunity) is hereby revoked

(ix)52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(x)52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(xi) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(xii)52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) ( Pub. L.

108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(2)Listed below are additional clauses that apply:

(i)52.232-1, Payments (APR 1984).

(ii)52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii)52.232-11, Extras (APR 1984).

https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.225-13#FAR_52_225_13 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3553&num=0&edition=prelim https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.govinfo.gov/link/plaw/108/public/77 https://www.govinfo.gov/link/plaw/108/public/77 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3805&num=0&edition=prelim https://www.acquisition.gov/far/52.232-1#FAR_52_232_1 https://www.acquisition.gov/far/52.232-8#FAR_52_232_8 https://www.acquisition.gov/far/52.232-11#FAR_52_232_11

(iv)52.232-25, Prompt Payment (JAN 2017).

(v)52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi)52.233-1, Disputes (MAY 2014).

(vii)52.244-6, Subcontracts for Commercial Products and Commercial Services (JAN 2025).

(viii) 52.253-1, Computer Generated Forms (JAN 1991).

(b)The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1)The clauses listed below implement provisions of law or Executive order:

(i)52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

(ii)52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)(Pub. L. 109-282) ( 31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(iii)52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025) ( E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iv)52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) ( 41 U.S.C. chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(v)52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vi)52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

https://www.acquisition.gov/far/52.232-25#FAR_52_232_25 https://www.acquisition.gov/far/52.232-39#FAR_52_232_39 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.244-6#FAR_52_244_6 https://www.acquisition.gov/far/52.253-1#FAR_52_253_1 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/4.1403#FAR_4_1403 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.federalregister.gov/executive-order/13126 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/52.222-20#FAR_52_222_20 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter65&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/22.1303#FAR_22_1303 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/22.1408#FAR_22_1408

(vii)52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(viii)52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(ix)

(A)52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B)Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(x)52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331, et seq.))). Note: In accordance with Executive Order 14236, signed by the President on March 14, 2025, Executive Order 14026 of April 27, 2021 (Increasing the Minimum Wage for Federal Contractors) is hereby revoked.

(xi)52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xii)52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2024) ( 42 U.S.C. 11001-11050 and 13101-13109) (Applies to services performed on Federal facilities).

(xiii)52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products as prescribed at FAR 23.109(d)(1)).

(xiv)52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) ( 42 U.S.C. 7671, et seq.) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 https://www.acquisition.gov/far/22.1303#FAR_22_1303 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 https://www.acquisition.gov/far/52.222-55#FAR_52_222_55 https://www.acquisition.gov/far/52.222-6#FAR_52_222_6 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1331&num=0&edition=prelim https://www.acquisition.gov/far/52.222-62#FAR_52_222_62 https://www.acquisition.gov/far/52.222-6#FAR_52_222_6 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 https://www.acquisition.gov/far/52.223-5#FAR_52_223_5 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11001&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11001&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13101&num=0&edition=prelim https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/23.109#FAR_23_109 https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim

(xv)52.223-20, Aerosols (MAY 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi)52.223-21, Foams (MAY 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.223-23, Sustainable Products and Services (MAY 2024) [(DEVIATION Feb 2025]) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C.

7671l) (Applies to contracts when the agency identifies in the statement of work, or elsewhere in the contract, the sustainable products and services that apply to the acquisition).

SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024) [(DEVIATION Feb 2025])

(a)Definitions. As used in this clause—

Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock.

The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. ( 7 U.S.C. 8101) ( 7 CFR 3201.2).

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. ( 42 U.S.C. 6903).

Sustainable products and services means products and services that are subject to and meet the following applicable statutory mandates and directives for purchasing:

(1)Statutory purchasing programs.

(i)Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines ( 42 U.S.C. 6962) ( 40 CFR part 247) ( https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(ii)Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products ( 42 U.S.C. 8259b) ( 10 CFR part 436, subpart C) ( https://www.energy.gov/eere/femp/search-energy-efficient-products and https://www.energystar.gov/products?s=mega).

https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-23#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/8259b https://www.govinfo.gov/link/uscode/42/7671l https://www.govinfo.gov/link/uscode/42/7671l https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8101&num=0&edition=prelim https://www.ecfr.gov/current/title-7/section-3201.2 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://www.ecfr.gov/current/title-40/part-247 https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8259&num=0&edition=prelim https://www.ecfr.gov/current/title-10/part-436/subpart-C https://www.ecfr.gov/current/title-10/part-436/subpart-C https://www.energy.gov/eere/femp/search-energy-efficient-products https://www.energy.gov/eere/femp/search-energy-efficient-products https://www.energystar.gov/products?s=mega

(iii)Biobased products meeting the content requirement of the USDA under the BioPreferred® program ( 7 U.S.C. 8102) ( 7 CFR part 3201) ( https://www.biopreferred.gov).

(iv)Acceptable chemicals, products, and manufacturing processes listed under EPA's Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone ( 42 U.S.C. 7671l) ( 40 CFR part 82, subpart G) ( https://www.epa.gov/snap).

(2)Required EPA purchasing programs.

(i)WaterSense® labeled (water efficient) products and services ( https://www.epa.gov/watersense/watersense-products).

(ii)Safer Choice-certified products (products that contain safer chemical ingredients) ( https://www.epa.gov/saferchoice/products).

(iii)Product and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023 ( https://www.epa.gov/greenerproducts/ recommendations-specifications-standards-and-ecolabels-federal-purchasing).

(b)Requirements.

(1)The sustainable products and services, including the purchasing program and type of product or service, that are applicable to this contract, and any products or services that are not subject to this clause, will be set forth in the statement of work or elsewhere in the contract.

(2)The Contractor shall ensure that the sustainable products and services required by this contract are—

(i)Delivered to the Government;

(ii)Furnished for use by the Government;

(iii)Incorporated into the construction of a public building or public work; and

(iv)Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract (versus costs which are normally applied to the Contractor's general and administrative expenses or indirect costs). This includes services performed by contractors performing management and operation of Government-owned facilities to the same extent that, at the time of award, an agency would be required to comply if an agency operated or supported the facility.

(3) http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://www.ecfr.gov/current/title-7/subtitle-B/chapter-XXXII/part-3201 https://www.biopreferred.gov/ https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.ecfr.gov/current/title-40/part-82/subpart-G https://www.epa.gov/snap https://www.epa.gov/watersense/watersense-products https://www.epa.gov/saferchoice/products https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing

(i)Except as provided in paragraph (b)(3)(ii) of this clause, sustainable products and services must meet the applicable standards, specifications, or other program requirements at time of quote or offer submission; and

(ii)Sustainable products and services must meet the EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023.

(c)Resource. The Green Procurement Compilation (GPC) available at https://sftool.gov/ greenprocurement provides a comprehensive list of sustainable products and services and sustainable acquisition guidance. The Contractor should review the GPC when determining which [statutory] purchasing programs apply to a specific product or service.

(xviii)

(A)52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition-

(1) Is set aside for small business concerns; or

(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).

(B)Alternate I (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance.

Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a) of 52.225-1: (A) The cost of its components mined, produced, or manufactured in the United States exceeds ____ percent of the cost of all its components. [ Contracting officer to insert the percentage per instructions at 13.302-5(d)(4). ])

(xix)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xx)52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xxi)52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

https://sftool.gov/greenprocurement https://sftool.gov/greenprocurement https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/19.502-2#FAR_19_502_2 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/13.302-5#FAR_13_302_5 https://www.acquisition.gov/far/52.226-6#FAR_52_226_6 https://www.acquisition.gov/far/26.404#FAR_26_404 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34

(xxii)52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxiii)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305)(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(xxiv)52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) ( 49 U.S.C. 40118(g)). (Applies to contracts with a U.S.-flag carrier for the transportation by air of passengers; does not apply to contracts awarded by the Department of Defense or contracts for commercial products).

(2)Listed below are additional clauses that may apply:

(i)52.204-21, Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.)

(ii)52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (JAN 2025) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii)52.211-17, Delivery of Excess Quantities (SEPT 1989) (Applies to fixed-price supplies).

(iv)52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b.

origin).

(v)52.247-34, F.o.b. Destination (JAN 1991) (Applies to supplies if delivery is f.o.b.

destination).

(c)FAR 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/these address(es): https://www.acquisition.gov

(d)Inspection/Acceptance. The Contractor shall tender for acceptance only 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. The Government must exercise its post acceptance rights-

(1)Within a reasonable period of time after the defect was discovered or should have been discovered; and https://www.acquisition.gov/far/52.240-1#FAR_52_240_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim https://www.acquisition.gov/far/47.504#FAR_47_504 https://www.acquisition.gov/far/52.247-69#FAR_52_247_69 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40118(g)&num=0&edition=prelim https://www.acquisition.gov/far/52.204-21#FAR_52_204_21 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 https://www.acquisition.gov/far/9.405-2#FAR_9_405_2 https://www.acquisition.gov/far/52.211-17#FAR_52_211_17 https://www.acquisition.gov/far/52.247-29#FAR_52_247_29 https://www.acquisition.gov/far/52.247-34#FAR_52_247_34 https://www.acquisition.gov/

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

(e)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.

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

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