Solicitation 36C78626Q50227.pdf

Document Number: 36C78626Q50227 Page 1 of 70

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30 1. REQUISITION NUMBER

F369132-26-2000062

PAGE 1 OF

5. SOLICITATION NUMBER

36C78626Q50227

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/27/2026

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Roberto Escobedo

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

08/17/2026 10:00

CODE 36C786

NATIONAL CEMETERY ADMIN (786)

NATIONAL CEMETERY ADMINISTRATION

DEPT OF VETERANS AFFAIRS

18434 JOPLIN RD.

TRIANGLE, VA 22172

9. ISSUED BY UNRESTRICTED OR X SET ASIDE: 100.00 % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

X SERVICE-DISALBED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED WOMEN-

OWNED SMALL BUSINESS (EDWOSB)

8(A)

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS): 541620

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

X

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS BLOCK IS

MARKED

0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM –

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR

QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

CODE15. DELIVER TO CODE 36C78616. ADMINISTERED BY

NATIONAL CEMETERY ADMIN (786)

NATIONAL CEMETERY ADMINISTRATION

DEPT OF VETERANS AFFAIRS

18434 JOPLIN RD.

TRIANGLE, VA 22172

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

NCA-VACOCODE18a. PAYMENT WILL BE MADE BY

TUNGSTEN

http://www.tungsten-network.com/customer-campaigns/ veterans-affairs/

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

OFFER SEE ADDENDUM

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

CHECKED

19. ITEM NUMBER 20. SCHEDULE OF SUPPLIES/SERVICES

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

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

The contractor must conduct state mandated underground fuel storage tank inspection, leak monitoring certification, overfill prevention, and training for Miramar National Cemetery, in accordance with the Performance Work

Statement.

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

X ARE ARE NOT ATTACHED

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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT

TO THE TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) Roberto Escobedo

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

Document Number: 36C78626Q50227 Page 2 of 70

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 11/2021) BACK

Document Number: 36C78626Q50227 Page 3 of 70

Table of Contents

Section Description Page Number

1 Continuation Sheet 1 S02 PWS - UST Miramar National Cemetery.pdf 2 Contract Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998) Deliveries or Performance 52.203-16 Preventing Personal Conflicts of Interest (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-13 (DEV) System for Award Management - Maintenance (OCT 2018) (DEVIATION NOV 2025) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025) 52.222-3 (DEV) Convict Labor (JUN 2003) (DEVIATION NOV 2025) 52.222-35 (DEV) Equal Opportunity for Veterans (JUN 2020) (DEVIATION NOV 2025) 52.222-36 (DEV) Equal Opportunity for Workers with Disabilities (JUN 2020) (DEVIATION NOV 2025) 52.222-37 (DEV) Employment Reports on Veterans (JUN 2020) (DEVIATION NOV 2025) 52.222-40 (DEV) Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (DEVIATION NOV 2025)

52.222-41 (DEV) Service Contract Labor Standards (AUG 2018) (DEVIATION NOV 2025) 52.222-43 (DEV) Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (DEVIATION NOV 2025) 52.222-50 (DEV) Combating Trafficking in Persons (OCT 2025) (DEVIATION NOV 2025) 52.222-62 (DEV) Paid Sick Leave Under Executive Order 13706 (JAN 2022) (DEVIATION NOV 2025) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024) 52.223-23 (DEV) Sustainable Products (MAY 2024) (DEVIATION NOV 2025) 52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving (May 2024) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.212-4 (DEV) Contract Terms and Conditions-Commercial Products and Commercial Services (NOV

2023) (DEVIATION AUG 2025)

52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-90 Addressing DEI Discrimination by Federal Contractors 52.225-1 Buy American-Supplies (Oct 2022) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.229-3 (DEV) Federal, State, and Local Taxes (FEB 2013) (DEVIATION SEP 2025) 52.232-18 Availability of Funds (Apr 1984) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.233-3 (DEV) Protest after Award (AUG 1996) (DEVIATION NOV 2025) 52.233-4 (DEV) Applicable Law for Breach of Contract Claim (AUG 1996) (DEVIATION NOV 2025) 52.240-91 (DEV) Security Prohibitions and Exclusions (NOV 2025) (DEVIATION NOV 2025) 52.244-6 (DEV) Subcontracts for Commercial Products and Commercial Services (OCT 2025)

(DEVIATION NOV 2025)

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

852.219-73 (DEV) VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESSES (NOV 2022) (DEVIATION JAN 2023)

852.219-75 (DEV) VA NOTICE OF LIMITATIONS ON SUBCONTRACTING-CERTIFICATE

OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022) (DEVIATION JAN

2023)

Document Number: 36C78626Q50227 Page 4 of 70

852.222-71 (DEV) COMPLIANCE WITH EXECUTIVE ORDER 13899 (APR 2025) (DEVIATION

APR 2025)

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

3 Documents, Exhibits, or Attachments 3 S02 WD 2015-5635 Rev 30 5 13 2026 4 Solicitation Provisions

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.203-11 Certification And Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2024) 52.204-7 (DEV) System for Award Management - Registration (NOV 2024) (DEVIATION NOV 2025) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.212-1 (DEV) Instructions to Offerors-Commercial Products and Commercial Services (SEP 2023)

(DEVIATION AUG 2025)

52.212-2 (DEV) Evaluation-Commercial Products and Commercial Services (NOV 2021)

(DEVIATION AUG 2025)

52.233-2 (DEV) Service of Protest (SEP 2006) (DEVIATION NOV 2025) 52.240-90 (DEV) Security Prohibitions and Exclusions Representations and Certifications (NOV 2025)

(DEVIATION NOV 2025)

852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

4 S02 Addendum Instructions to Offerors-Evaluations

Document Number: 36C78626Q50227 Page 5 of 70

Section 1 - Continuation Sheet

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break

0001 See Description Below

PSC: F109

LEAK UNDERGRND STORE

TANK SUP

13.000000 JB

Description: UST Operator Inspection, in accordance with the PWS.

Period of Performance: 09/01/2026 - 08/31/2027

Reference Line: F369132-26-2000062 - 0001

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break

0002 See Description Below

PSC: F109

LEAK UNDERGRND STORE

TANK SUP

1.000000 JB

Description: Testing and Certifications

Period of Performance: 09/01/2026 - 08/31/2027

Reference Line: F369132-26-2000062 - 0002

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break

0003 See Description Below

PSC: F109

LEAK UNDERGRND STORE

TANK SUP

1.000000 JB

Description: Training

Period of Performance: 09/01/2026 - 07/31/2027

Reference Line: F369132-26-2000062 - 0003

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break

10001 See Description Below

PSC: F109

LEAK UNDERGRND STORE

TANK SUP

13.000000 JB

Description: UST Operator Inspection

Period of Performance: 09/01/2027 - 08/31/2028

Reference Line: F369132-26-2000062 - 10001

Document Number: 36C78626Q50227 Page 6 of 70

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break

10002 See Description Below

PSC: F109

LEAK UNDERGRND STORE

TANK SUP

1.000000 JB

Description: Testing and Certifications

Period of Performance: 09/01/2027 - 08/31/2028

Reference Line: F369132-26-2000062 - 10002

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break

10003 See Description Below

PSC: F109

LEAK UNDERGRND STORE

TANK SUP

1.000000 JB

Description: Training

Period of Performance: 09/01/2027 - 08/31/2028

Reference Line: F369132-26-2000062 - 10003

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break

20001 See Description Below

PSC: F109

LEAK UNDERGRND STORE

TANK SUP

13.000000 JB

Description: UST Operator Inspection

Period of Performance: 09/01/2028 - 08/31/2029

Reference Line: F369132-26-2000062 - 20001

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break

20002 See Description Below

PSC: F109

LEAK UNDERGRND STORE

TANK SUP

1.000000 JB

Description: Testing and Certifications

Period of Performance: 09/01/2028 - 08/31/2029

Reference Line: F369132-26-2000062 - 20002

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break

20003 See Description Below 1.000000 JB

Document Number: 36C78626Q50227 Page 7 of 70

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break

PSC: F109

LEAK UNDERGRND STORE

TANK SUP

Description: Training

Period of Performance: 09/01/2028 - 08/31/2029

Reference Line: F369132-26-2000062 - 20003

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break

30001 See Description Below

PSC: F109

LEAK UNDERGRND STORE

TANK SUP

13.000000 JB

Description: UST Operator Inspection

Period of Performance: 09/01/2029 - 08/31/2030

Reference Line: F369132-26-2000062 - 30001

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break

30002 See Description Below

PSC: F109

LEAK UNDERGRND STORE

TANK SUP

1.000000 JB

Description: Testing and Certifications

Period of Performance: 09/01/2029 - 07/31/2030

Reference Line: F369132-26-2000062 - 30002

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break

30003 See Description Below

PSC: F109

LEAK UNDERGRND STORE

TANK SUP

1.000000 JB

Description: Training

Period of Performance: 09/01/2029 - 08/31/2030

Reference Line: F369132-26-2000062 - 30003

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break

40001 See Description Below

PSC: F109

13.000000 JB

Document Number: 36C78626Q50227 Page 8 of 70

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break

LEAK UNDERGRND STORE

TANK SUP

Description: UST Operator Inspection

Period of Performance: 09/01/2030 - 08/31/2031

Reference Line: F369132-26-2000062 - 40001

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break

40002 See Description Below

PSC: F109

LEAK UNDERGRND STORE

TANK SUP

1.000000 JB

Description: Testing and Certifications

Period of Performance: 09/01/2030 - 08/31/2031

Reference Line: F369132-26-2000062 - 40002

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break

40003 See Description Below

PSC: F109

LEAK UNDERGRND STORE

TANK SUP

1.000000 JB

Description: Training

Period of Performance: 09/01/2030 - 08/31/2031

Reference Line: F369132-26-2000062 - 40003

Document Number: 36C78626Q50227 Page 9 of 70

Performance Work Statement

Underground Storage Tank (UST) Compliance Services

Inspections, Testing, and Certifications National Cemetery Administration

Miramar National Cemetery July 14, 2026

Document Number: 36C78626Q50227 Page 10 of 70

1. General

1.1 Introduction

The mission of Miramar National Cemetery is to honor eligible Veterans, active-duty Service Members, and eligible family members with final resting places in national shrines and with lasting tributes that commemorate their service and sacrifice to our Nation. The mission of the UST Compliance Testing is to provide mandated periodic inspection and maintenance on the facilities underground fuel storage tanks in compliance with California State regulations and Department of Labor regulations.

This acquisition is essential to maintain continuous cemetery operations and maintain regulation compliance.

1.2 Objective

To conduct State mandated underground fuel storage tank inspections and training, leak monitor certification, overfill prevention.

1.3 Scope of Work

This is a Non-Personal Inspection and Maintenance Service in which the Contractor shall furnish all supplies, materials, personnel, equipment, tools, and supervision necessary to provide complete services in accordance with the California Code of Regulations, Title 23. Waters. Division 3. State Water Resources Control Board and Regional Water Quality Control Boards, Chapter 16. Underground Tank Regulations and ANSI/ALI ALOIM-R2013 Automotive to satisfy the CA Department of Labor (OSH Division).

1.4 Background

The California State Water Resources Control Board and Regional Water Quality Control Boards, Chapter 16 Underground Tank Regulations requires periodic inspections, certifications and training to be performed at Miramar National Cemetery. The standards of maintenance and inspection is to meet compliance with the State and Department of Labor regulations. For this reason, the Contractor’s strict adherence to the standards is required and essential.

1.5 Recognized Holidays

The Cemetery will be open on one day of every HOLIDAY/three day weekend. These days are listed below. Additional work hours may be authorized for the convenience of the Contractor upon written approval of the COR(s). The contractor is not required to perform services on holidays.

January: New Year’s Day January: Martin Luther King Jr.’s Birthday February: Washington’s Birthday

Document Number: 36C78626Q50227 Page 11 of 70

May: Memorial Day June: Juneteenth July: Independence Day September: Labor Day October: Columbus Day November: Veterans Day November: Thanksgiving Day December: Christmas

1.6 Hours of Operation

The contractor is responsible for conducting business between the hours of 8:30am and 4:30pm Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.7 Type of Contract: The government will award a firm-fixed price contract.

1.8 Contracting Officer’s Representative (COR)

The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions:

- assure that the Contractor performs the technical requirements of the contract

- perform inspections necessary in connection with contract performance

- maintain written and oral communications with the Contractor concerning technical aspects of the contract

- issue written interpretations of technical requirements, including Government drawings, designs, and specifications

- monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies

- coordinate availability of government furnished property, and provide site entry of Contractor personnel.

Document Number: 36C78626Q50227 Page 12 of 70

A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially regarding changes in cost or contract work statement modifications.

1.9 Period of Performance: The period of performance is for a base year and four (4) option years.

1.10 Place of Performance: Station address: Miramar National Cemetery, 5795 Nobel

Drive, San Diego, CA, 92122.

1.10.1 UST on Station: The Maintenance building and fuel station

1.11 Applicable Documents

1.12.1 California Code of Regulations, Title 23. Waters. Division 3. State Water Resources Control Board and Regional Water Quality Control Boards, Chapter 16, Underground Tank Regulations and Chapter 17, Underground Tank Tester Regulations

1.12.2 Cal. Code Regs. Tit. 23, § 2715 - Certification, Licensing, and Training

Requirements for Underground Storage Tank Owners, Operators, Facility Employees, Installers, Service Technicians, and Inspectors

1.12.3 California State Water Resources Control Board UST Program requirements

1.12.4 California Air Resources Board (CARB) Executive Orders and testing procedures

1.12.5 San Diego County Air Pollution Control District requirements

1.12.6 ICC certification requirements applicable to underground storage tank testing personnel

1.12.7 Current Designated Underground Storage Tank Operator (DUSTO) training requirements

2. Specific Requirements/Tasks

2.1 GENERAL

Document Number: 36C78626Q50227 Page 13 of 70

The contractor shall provide all management, permits, tools, supplies, equipment and qualified personnel necessary to provide underground storage tank (UST) inspections, testing and certification services.

The contractor shall be a licensed California Tank Tester certified by the State Water Resources Control Board (23 CCR 17) and possess current certifications issued by the International Code Council (ICC). The contractor will perform all work in compliance with Title 23 California Code of Regulations Chapter 16 Underground Storage Tank Regulations (23 CCR 16) and Chapter 17 Underground Tank Tester Regulations, California Air Resources Board (CARB) Executive Order (E.O.) test procedures, San Diego County Air Pollution Control District (SDAPCD) regulations, 40 Code of Federal Regulations (40 CFR), part 112, Oil Pollution Prevention and Response; Non-Transportation-Related Onshore and Offshore Facilities, National Fire Protection Association Codes NFPA 30 and 30A, Steel Tank Institute Standard SP001 AST Inspection Standard, and Miramar National Cemetery operating permits.

2.2 Equipment Inventory

The underground storage tank consists of one (1) split tank located at Miramar National Cemetery Maintenance Yard. The tank has a capacity of six hundred (600) gallons diesel and four hundred (400) gallons gasoline. The system is configured with a vapor recovery system.

2.2 TASKS

2.2.1 CLIN 0001: UST Operator Inspection

The contractor shall provide all management, tools, supplies, equipment, and qualified personnel necessary to perform required inspections, including 28-day designated underground storage tank operator (DUSTO) inspections and triennial overfill prevention equipment (OPE) inspections as required for one (1) designated UST facility.

The contractor shall provide complete OPE report within thirty (30) days of inspection and provide the DUSTO report within seven (7) days of completing the inspection to the designated government personnel.

Inspections shall include the following:

a. Review Alarm History for previous month and check that each alarm was responded to appropriately

b. Inspect Spill Containers and Under-Dispenser Containment (UDC) Sumps for water, debris, and hazardous substances

Document Number: 36C78626Q50227 Page 14 of 70

c. Check that monitoring equipment in under-dispenser containment is in the proper position for leak detection

d. Inspect Tank Sumps for Water, Debris, or Hazardous Substances, and for proper positioning of the Monitoring Equipment in the Sump (required only when there has been an alarm in that sump within the last month and there is no record of a service visit)

e. Check that all required UST Testing and Maintenance has been completed (Annual Monitoring System Certification, Integrity Testing, Secondary Containment Testing, etc.)

f. Notify the owner/operator of any/all conditions that require follow-up action

2.2.2 CLIN 0002: Testing and Certification

The contractor shall provide all management, tools, supplies, equipment and qualified personnel necessary to schedule, coordinate, notify, and perform required spill prevention equipment and containment sump testing, as well as release detection equipment testing, annual monitoring system certification, spill bucket testing, and line leak detection.

The contractor shall comply with Title 23 of the California Code of Regulations, Chapter 16 Underground Storage Tank Regulations (23 CCR 16) and Miramar National Cemetery storage tank (UST) operating permits. The contractor shall provide testing event notifications, as well as testing results and certifications within thirty (30) days to the appropriate regulatory agency and the COR.

The contractor shall provide all management, tools, supplies, equipment and qualified personnel necessary to schedule, coordinate, notify, and perform required Phase I and Phase II Enhanced Vapor Recovery equipment testing.

The contractor shall comply with and conduct tests in accordance with CARB testing procedures, executive orders, the approved Installation, Maintenance, and Operating manual, and SDAPCD regulations. Tests shall be conducted using calibrated equipment meeting the calibration range and calibration intervals specified by the manufacturer.

The contractor shall conduct a pre-test and final test within a twelve (12) month period.

The contractor shall ensure the final test is witnessed by air District personnel. The contractor shall schedule and provide notification to the SDAPCD and Government COR at least 10 days prior to testing.

The contractor shall submit a copy of the test report in SDAPCD format, to SDAPCD within fifteen (15) days after each test is conducted. The test report shall include all the required records of test, test data, a statement whether the system or component

Document Number: 36C78626Q50227 Page 15 of 70 tested meets or fails to meet the required standards, and the name and signature of the person responsible for conducting tests.

2.2.3 CLIN 0003: Training

The Contractor shall conduct yearly employee spill prevention and UST training for Government employees, as well as conduct training to newly hired facility staff employees, upon hire and before start of official duties. Annual training will be conducted during the first visual inspection visit after contract award, then every twelve

(12) months thereafter. UST training shall include:

a. Emergency contact information

b. Daily inspection procedures

c. Spill/overfill response procedures

d. Monitoring equipment operation and alarm response

The initial training of a facility employee shall be conducted through a site-specific practical demonstration that provides both sharing information and evaluating knowledge for responding to emergencies, leak detection monitoring alarms, spills, and overfills associated with operating the UST system and must include, but is not limited to, the following:

a. The operation of the underground storage tank system in a manner consistent with the facility's best management practices

b. The facility employee's role regarding the monitoring equipment as specified in the facility's monitoring plan

c. The facility employee's role with regard to spills and overfills as specified in the facility's response plan

d. The name of the contact person(s) for emergencies and monitoring equipment alarms

Upon completion of the facility employee training, the contractor shall provide a signed certificate to the COR and/or Foreman. The certificates shall be maintained on-site and provided to the County of San Diego upon request.

3. GENERAL INFORMATION

3.1 QUALITY ASSURANCE. The designated COR will periodically evaluate the contractor’s performance. The COR shall receive from the contractor all deliverable documentation for technical review and evaluation, such as Contractor’s certifications, completed inspection reports, testing and certification results regulatory agency notifications, and facility staff training records.

Document Number: 36C78626Q50227 Page 16 of 70

3.2 GOVERNMENT REMEDIES. The Contracting Officer shall follow the requirements of FAR 52.212-4, Contract Terms and Conditions-Commercial Items (May 1997), for the contractor’s failure to correct non-conforming services.

3.3 SPECIAL QUALIFICATIONS. Contractor and/or subcontractors must be licensed in accordance with Title 23 of the California Code of Regulations, Chapter 17 and perform all work as required in Title 23 of the California Code of Regulations Chapter 16 Underground Storage Tank Regulations (23 CCR 16). Certifications must be submitted to the Government prior to the notice-to-proceed (NTP) for verification.

3.4 SERVICE SUMMARY. The Service Summary (SS) outlines the minimum standards with delivery method and promotes continuous improvements in contractor performance.

The contract service requirements are summarized in performance objectives that relate directly to environmental regulatory requirements. The performance threshold briefly describes the minimally acceptable levels of service required for each performance objective. The SS provides information on contract requirements, the expected level of contractor performance and the expected method of government validation and confirmation of services provided. These thresholds are critical to success. Procedures set forth in FAR 52.212-4(a), Contract Terms and Conditions- Commercial Items, Inspection/Acceptance, will be used to remedy all deficiencies.

Performance Objective

Standard Performance Threshold Method of Surveillance

PO#1: Licenses & Certifications

2.1 & 3.3 This shall be submitted to the

COR

Review by COR

PO#2: Inspections 2.2.1 1. Initial contact with COR shall be made at least fifteen (15) days prior to tentative inspection date, 98% of the time.

2. Shall be performed within the required 28-day regulatory timeframe, 100% of the time.

3. Shall be submitted to the COR and state/county authority within

100% Inspection

Document Number: 36C78626Q50227 Page 17 of 70 the required regulatory timeframe, 100% of the time.

PO#3: Training 2.2.2 Training records/certificates shall be submitted to the COR and state/county authorities, 100% of the time.

100% Inspection

PO#4: Testing & Certifications

2.3 1. Initial contact with COR shall be made at least fifteen (15) days prior to tentative inspection date, 98% of the time.

2. Shall be performed within the required 28-day regulatory timeframe, 100% of the time.

3. Shall be submitted to the COR and state/county authority within the required regulatory timeframe, 100% of the time.

100% Inspection

3.5 DELIVERABLES. The Contractor shall provide the following deliverables. Acceptance of final documents is subject to Governmental approval. All deliverables shall be submitted via email to the Government Contracting Officer’s Representative (COR) and the Contracting Officer (CO).

Item Deliverable Frequency Medium/Format Submit To

1. Licenses & Certifications

Task 2.1 & 3.3

Upon award, at time of each option, whenever a new certification / license is issued

Electronic or hard copy

COR

2. Scheduling Shall be coordinated with the COR fifteen (15) days prior to the tentative date

Electronic COR

3. Training

Task 2.2.2

a. Shall be coordinated with the COR fifteen (15) days prior to the tentative date.

Electronic or hard copy

COR and state/county agencies

Document Number: 36C78626Q50227 Page 18 of 70

b. Training records/certificates shall be submitted no more than five (5) days after training.

4. Inspection, Testing, and Certification

Task 2.2.1 & 2.3

a. Shall be coordinated with the COR fifteen (15) days prior to the tentative date.

b. Reports/certificates shall be submitted no more than five (5) days after training.

Electronic or hard copy

COR and state/county agencies

4. ENVIRONMENTAL REQUIREMENTS

4.1 Contractor shall be responsible for clean-up/removal/disposal of all hazardous materials/wastes.

4.2 Contractor shall be responsible for obtaining applicable permits and payment of associated permit fees as required for repairs and services from the applicable regulatory agency. The contractor shall provide a copy of the permit to the COR prior to service or repair work being performed.

5. Meetings

5.1 For all meetings, the contractor shall be responsible for providing meeting materials, and administrative and facilitation support. Meetings will be conducted at either the COR’s office or administration conference room at 5795 Nobel Drive, San Diego, CA, or through an alternative method of communication (such as a teleconferencing), as approved by the Contracting Officer.

5.2 Compliance Status and Program Management Reviews: As needed, status meetings to be conducted to ensure compliance measures are being met and timely.

Document Number: 36C78626Q50227 Page 19 of 70

Appendix A

REFERENCED PUBLICATIONS AND FORMS

40 CFR, part 112 Oil Pollution Prevention and Response, Non-Transportation-Related Onshore and Offshore Facilities https://www.ecfr.gov/current/title-40/chapter-I/subchapter-D/part-112?toc=1

23 CCR 17, California Code of Regulations, Chapter 17, Underground Tank Tester Regulations https://www.waterboards.ca.gov/ust/regulatory/docs/chapter17.pdf

23 CCR 16, California Code of Regulations Chapter 16 Underground Storage Tank Regulations https://www.waterboards.ca.gov/ust/regulatory/docs/ccr_title23_5_14_01.pdf

California Air Resources Board (CARB), Vapor Recovery Certification and Test Procedures https://ww2.arb.ca.gov/our-work/programs/vapor-recovery/vapor-recovery-certification-and-test-procedures

California Air Resources Board (CARB), Vapor Recovery Executive Orders https://ww2.arb.ca.gov/our-work/programs/vapor-recovery/vapor-recovery-executive-orders

NFPA 30, National Fire Protection Association, Flammable and Combustible Liquid Codes https://www.nfpa.org/for-professionals/codes-and-standards/list-of-codes-and-standards/free-access

NFPA 30A Motor Fuel Dispensing Facilities and Repair Garages https://www.nfpa.org/for-professionals/codes-and-standards/list-of-codes-and-standards/free-access

Steel Tank Institute Standard SP001 AST Inspection Standard https://www.epa.gov/oil-spills-prevention-and-preparedness-regulations/tank-inspections

Document Number: 36C78626Q50227 Page 20 of 70

Attachment 1

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Document Number: 36C78626Q50227 Page 22 of 70

Document Number: 36C78626Q50227 Page 23 of 70

Section 2 - Contract Clauses

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):

www.acquisition.gov/browse/index/far (FAR) www.va.gov/oal/library/vaar/index.asp (VAAR) [Insert one or more Internet addresses]

(End of clause)

Deliveries or Performance

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

0001/1 13.000000 MIRAMAR NATIONAL CEMETERY

DEPT OF VETERANS AFFAIRS

5795 NOBEL DRIVE

SAN DIEGO, CA 92122

Contact: William Richardson Email: william.richardson9@va.gov Phone: 858-658-7375

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

0002/1 1.000000 MIRAMAR NATIONAL CEMETERY

DEPT OF VETERANS AFFAIRS

5795 NOBEL DRIVE

SAN DIEGO, CA 92122

Contact: William Richardson Email: william.richardson9@va.gov Phone: 858-658-7375

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

0003/1 1.000000 MIRAMAR NATIONAL CEMETERY

DEPT OF VETERANS AFFAIRS

5795 NOBEL DRIVE

SAN DIEGO, CA 92122

Contact: William Richardson Email: william.richardson9@va.gov Phone: 858-658-7375

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

10001/1 13.000000 MIRAMAR NATIONAL CEMETERY

DEPT OF VETERANS AFFAIRS

5795 NOBEL DRIVE

SAN DIEGO, CA 92122

Contact: William Richardson Email: william.richardson9@va.gov Phone: 858-658-7375

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

10002/1 1.000000 MIRAMAR NATIONAL CEMETERY

DEPT OF VETERANS AFFAIRS

5795 NOBEL DRIVE

SAN DIEGO, CA 92122

Contact: William Richardson Email: william.richardson9@va.gov Phone: 858-658-7375

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

10003/1 1.000000 MIRAMAR NATIONAL CEMETERY

DEPT OF VETERANS AFFAIRS

5795 NOBEL DRIVE

SAN DIEGO, CA 92122

Contact: William Richardson Email: william.richardson9@va.gov Phone: 858-658-7375

Document Number: 36C78626Q50227 Page 24 of 70

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

20001/1 13.000000 MIRAMAR NATIONAL CEMETERY

DEPT OF VETERANS AFFAIRS

5795 NOBEL DRIVE

SAN DIEGO, CA 92122

Contact: William Richardson Email: william.richardson9@va.gov Phone: 858-658-7375

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

20002/1 1.000000 MIRAMAR NATIONAL CEMETERY

DEPT OF VETERANS AFFAIRS

5795 NOBEL DRIVE

SAN DIEGO, CA 92122

Contact: William Richardson Email: william.richardson9@va.gov Phone: 858-658-7375

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

20003/1 1.000000 MIRAMAR NATIONAL CEMETERY

DEPT OF VETERANS AFFAIRS

5795 NOBEL DRIVE

SAN DIEGO, CA 92122

Contact: William Richardson Email: william.richardson9@va.gov Phone: 858-658-7375

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

30001/1 13.000000 MIRAMAR NATIONAL CEMETERY

DEPT OF VETERANS AFFAIRS

5795 NOBEL DRIVE

SAN DIEGO, CA 92122

Contact: William Richardson Email: william.richardson9@va.gov Phone: 858-658-7375

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

30002/1 1.000000 MIRAMAR NATIONAL CEMETERY

DEPT OF VETERANS AFFAIRS

5795 NOBEL DRIVE

SAN DIEGO, CA 92122

Contact: William Richardson Email: william.richardson9@va.gov Phone: 858-658-7375

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

30003/1 1.000000 MIRAMAR NATIONAL CEMETERY

DEPT OF VETERANS AFFAIRS

5795 NOBEL DRIVE

SAN DIEGO, CA 92122

Contact: William Richardson Email: william.richardson9@va.gov Phone: 858-658-7375

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

40001/1 13.000000 MIRAMAR NATIONAL CEMETERY

DEPT OF VETERANS AFFAIRS

5795 NOBEL DRIVE

SAN DIEGO, CA 92122

Contact: William Richardson Email: william.richardson9@va.gov Phone: 858-658-7375

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

40002/1 1.000000 MIRAMAR NATIONAL CEMETERY

DEPT OF VETERANS AFFAIRS

5795 NOBEL DRIVE

SAN DIEGO, CA 92122

Contact: William Richardson Email: william.richardson9@va.gov Phone: 858-658-7375

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

40003/1 1.000000 MIRAMAR NATIONAL CEMETERY

DEPT OF VETERANS AFFAIRS

5795 NOBEL DRIVE

SAN DIEGO, CA 92122

Document Number: 36C78626Q50227 Page 25 of 70

Contact: William Richardson Email: william.richardson9@va.gov Phone: 858-658-7375

PERIOD OF PERFORMANCE

ITEM START END

0001 09/01/2026 08/31/2027

0002 09/01/2026 08/31/2027

0003 09/01/2026 07/31/2027

10001 09/01/2027 08/31/2028

10002 09/01/2027 08/31/2028

10003 09/01/2027 08/31/2028

20001 09/01/2028 08/31/2029

20002 09/01/2028 08/31/2029

20003 09/01/2028 08/31/2029

30001 09/01/2029 08/31/2030

30002 09/01/2029 07/31/2030

30003 09/01/2029 08/31/2030

40001 09/01/2030 08/31/2031

40002 09/01/2030 08/31/2031

40003 09/01/2030 08/31/2031

Clause Title Fill-ins

52.203-16 Preventing Personal Conflicts of Interest (Jun 2020)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017)

52.204-13 (DEV) System for Award Management - Maintenance (OCT 2018) (DEVIATION

NOV 2025)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan

2025)

52.222-3 (DEV) Convict Labor (JUN 2003) (DEVIATION NOV 2025)

52.222-35 (DEV) Equal Opportunity for Veterans (JUN 2020) (DEVIATION NOV 2025)

52.222-36 (DEV) Equal Opportunity for Workers with Disabilities (JUN 2020) (DEVIATION

NOV 2025)

52.222-37 (DEV) Employment Reports on Veterans (JUN 2020) (DEVIATION NOV 2025)

Document Number: 36C78626Q50227 Page 26 of 70

Clause Title Fill-ins

52.222-40 (DEV) Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (DEVIATION NOV 2025)

52.222-41 (DEV) Service Contract Labor Standards (AUG 2018) (DEVIATION NOV 2025)

52.222-43 (DEV) Fair Labor Standards Act and Service Contract Labor Standards-

Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)

(DEVIATION NOV 2025)

52.222-50 (DEV) Combating Trafficking in Persons (OCT 2025) (DEVIATION NOV 2025)

52.222-62 (DEV) Paid Sick Leave Under Executive Order 13706 (JAN 2022) (DEVIATION

NOV 2025)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2024)

52.223-23 (DEV) Sustainable Products (MAY 2024) (DEVIATION NOV 2025)

52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving

(May 2024)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar

2023)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

Document Number: 36C78626Q50227 Page 27 of 70

52.212-4 (DEV) Contract Terms and Conditions-Commercial Products and Commercial Services (NOV 2023) (DEVIATION AUG 2025)

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

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or 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 shall 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 shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. 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 shall-

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

(i) Payment-

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

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

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

Document Number: 36C78626Q50227 Page 28 of 70

(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 shall-

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

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

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

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

(D) Contractor point of contact.

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

(5) Interest.

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

(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 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 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures 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 shall remain with the Contractor until, and shall pass to the Government upon-

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

Document Number: 36C78626Q50227 Page 29 of 70

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

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

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