SPE60325R0503 RFP conformed Amd0003.pdf

CONTENTS

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS 6

B35 SERVICES TO BE FURNISHED AND PRICES (ENVIRONMENTAL) (DLA ENERGY MAR 2009) 6

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 12

SECTION D - PACKAGING AND MARKETING 12

NO CONTENT 12

SECTION E – INSPECTION AND ACCEPTANCE 12

THIS PROVISION AND CLAUSE IS INCORPORATED BY REFERENCE. SEE FAR 52.252-2 CLAUSES INCORPORATED BY

REFERENCE (FEB 1998). 12

52.246-4 INSPECTION OF SERVICES – FIXED-PRICE (AUG 1996) 12

SECTION F – DELIVERIES OR PERFORMANCE 12

52.242-15 STOP-WORK ORDER (AUG 1989) 12

F-0001 F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002) 13

SECTION G – CONTRACT ADMINISTRATION DATA 13

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY FEB 1998) 13

G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY JAN 2017) 13

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023) 14

SECTION H – SPECIAL CONTRACT REQUIREMENTS 16

H-0001 H9.01 TECHNICAL DIRECTION (DLA ENERGY FEB 1992) 16

H-0002 H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS (DLA ENERGY JAN 2012) 16

SECTION I – CONTRACT CLAUSES 17

PART 1 - THESE CLAUSES ARE INCORPORATED BY REFERENCE. SEE FAR 52.252-2 CLAUSES INCORPORATED BY

REFERENCE (FEB 1998) 17

52.203-3 GRATUITIES (APR 1984) 17

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020) 17

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) 17

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) 17

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020) 17

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) 17 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021) 17 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (MAY 2024) 17

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021) 17

52.223-5 POLLUTION PREVENTION & RIGHT-TO-KNOW INFORMATION (MAY 2024) 17

52.228-5 INSURANCE –WORK ON A GOVERNMENT INSTALLATION (JAN 1997) 18

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) 18

52.232-11 EXTRAS (APR 1984) 18

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) 18

52.237-3 CONTINUITY OF SERVICES (JAN 1991) 18

252.201-7000 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 1991) 18

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) 18 252.203-7002 REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022) 18

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016) 18

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 18

252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN 2023) 18

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (JAN 2023)

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE (JAN 2023) 18

252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023) 18

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (JUN 2023) 18 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A

COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (MAY 2019) 18

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)—BASIC (DEC 2019) 18 252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS MATERIALS—

BASIC (SEP 2014) 18

252.223-7008 PROHIBITION ON HEXVALENT CHROMIUM (JAN 2023) 18

252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013) 19

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE

HAWAIIAN SMALL BUSINESS CONCERNS (JAN 2023) 19

252.227-7015 TECHNICAL DATA—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023) 19 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018) 19

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 19

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 19

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2022) 19

252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES (NOV 2023) 19 5452.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR) (JUN 2020) 19

PART 2 – THE FOLLOWING PROVISIONS AND CLAUSES ARE INCORPORATED IN FULL TEXT 19

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (NOV 2023) 19

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2025) (DEVIATION 2025-O0003) and (DEVIATION 2025- O0004) 30

52.216-18 ORDERING (AUG 2020) 36

52.216-19 ORDER LIMITATIONS (OCT 1995) 36

52.216-22 INDEFINITE QUANITITY (OCT 1995) 37

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 37

52.223-10 WASTE REDUCTION PROGRAM (MAR 2025) (DEVIATION 2025-O0004) 38

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 38

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) 38

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (MAY 2024)

(DEVIATION 2024-O0013 REVISION 1) 39

252.225-7966 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS—REPRESENTATION

(DEVIATION 2024-O0006, REVISION 1)(MAR 2024) 42

252.225-7967 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS (DEVIATION 2024-O0006, REVISION 1) (FEB 2024) 43

I-0001 I605.01 DISCLOSURE OF INFORMATION (DLA ENERGY JAN 2012) 44

SECTION J – LIST OF ATTACHMENTS 44

ATTACHMENT 1 – CALIFORNIA PWS 44

ATTACHMENT 2 – NORWALK FSA PWS 44

ATTACHMENT 3 – SAN PEDRO FSA PWS 44

ATTACHMENT 4 – NORWALK PRICE PROPOSAL 44

ATTACHMENT 5 – SAN PEDRO PRICE PROPOSAL 44

ATTACHMENT 6 – PAST PERFORMANCE QUESTIONNAIRE 44

ATTACHMENT 7 – PAST PERFORMANCE REFERENCE LIST 44

ATTACHMENT 8 – JOINT VENTURE CONSENT FORM 44

ATTACHMENT 9 – SCA WD 2015-5613 REV 28 12.23.2024 44

ATTACHMENT 10 – CA ENV SERVICES QASP 44

ATTACHMENT 11 – SB SMALL BUSINESS PLAN 44

ATTACHMENT 12 – DFSP NORWALK UTILITIES 44

ATTACHMENT 13 – DFSP SAN PEDRO UTILITIES 44

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS 44 SECTION K, PART 1 - PROVISIONS ARE INCORPORATED BY REFERENCE. SEE FAR 52.252-1 SOLICITATION PROVISIONS

INCORPORATED BY REFERENCE (FEB 1998). 45

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (JUN 2020) 45

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007) 45

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS- REPRESENTATION (JAN 2017) 45

52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT 2014) 45

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020) 45

52.204-20 PREDECESSOR OF OFFEROR (AUG 2020) 45

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (OCT 2020) 45

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 45

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) 45

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2024) 45

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATIING TO IRAN—REPRESENTATION AND CERTIFICATIONS (JUN 2020) 45

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2022) 45 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (DEC 2019) 45 252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR

SERVICES—REPRESENTATION (MAY 2021) 45

252.226-7002 REPRESENTATION FOR DEMONSTRATION PROJECT FOR CONTRACTORS EMPLOYING PERSONS WITH

DISABILITIES (DEC 2019) 45

SECTION K, PART 2 - THE PROVISIONS IN THIS PART ARE INCORPORATED IN FULL TEXT AND MAY REQUIRE THE

OFFEROR TO FILL-IN INFORMATION 45

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MaR 2025)(DEVIATION 2025-O0003), (DEVIATION 2025-O0004), and ALTERNATE 1 (FEB 2024) 46 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021) 59

K-0001 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 62

K-0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 62

K-0003 K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY MAY 2014)

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERS OR QUOTERS 62

SECTION L, PART 1 - THE PROVISIONS ARE INCORPORATED BY REFERENCE. SEE FAR 52.252-1 SOLICITATION

PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 62

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 62

52.204-16 COMMERCIAL AND GOVEERNMENT ENTITY CODE REPORTING (AUG 2020) 63

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017) 63

52.207-1 NOTICE OF STANDARD COMPETITION (MAY 2006) 63

52.237-1 SITE VISIT (APR 1984) 63

252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023) 63

252.215-7008 ONLY ONE OFFER (DEC 2022) 63

252.215-7016 NOTIFICATION TO OFFERORS—POST AWARD DEBRIEFINGS (DEC 2022) 63

SECTION L, PART 2 - THE PROVISIONS ARE INCORPORATED IN FULL TEXT 63

52.212-1 INSTRUCTIONS TO OFFERORS –COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

ADDENDUM TO 52.212-1 66

a. Volume I – Technical/Management: 68

b. Volume II – PAST PERFORMANCE: 68

c. Volume III – PRICE: 69

d. Volume IV – SOCIOECONOMIC PROPOSAL (Applies to submissions for DFSP Norwalk and DFSP San Pedro Only):

52.216-1 TYPE OF CONTRACT (APR 1984) 70

52.233-2 SERVICE OF PROTEST (SEP 2006) 70

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 71

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020) 71

L-0001 L1.02 PROPOSAL ACCEpTANCE PERIOD (DLA ENERGY NOV 1991) 71

L-0002 L7 SOCIOECONOMIC PROPOSAL (DLA ENERGY MAR 2007) 71

L-0003 L82 WAGE DETERMINATION (DLA ENERGY FEB 2009) 72

L-0004 L198 PREPROPOSAL CONFERENCE (SERVICES) (DLA ENERGY FEB 2018) 72

SECTION M – EVALUATION FACTORS FOR AWARD 72

SECTION M, PART 1 – THE FOLLOWING PROVISIONS ARE INCORPORATED BY REFERENCE. SEE FAR 52.252-1

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998). 72

52.217-5 EVALUATION OF OPTIONS (JUL 1990) 73

SECTION M, PART 2 - THE FOLLOWING PROVISIONS ARE INCORPORATED IN FULL TEXT 73

52.212-2 EVALUATION – COMMERCIAL ITEMS (NOV 2021) 73

ADDENDUM TO 52.212-2 EVALUATION – COMMERCIAL ITEMS (NOV 2021) 73

M-0001 M7

SOCIOECONOMIC EVALUATION (DLA ENERGY FEB 2005) 83

M-0002 M72

EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) 84

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

B35 SERVICES TO BE FURNISHED AND PRICES (ENVIRONMENTAL) (DLA ENERGY

MAR 2009)

A. SERVICES TO BE FURNISHED DURING THE PERIOD SPECIFIED IN PARAGRAPH B.:

Non-personal services to perform, in accordance with Attachments 1-3, Performance Work Statement (PWS) with the Facility Specific Appendices (FSA), to include the following: provide remediation, compliance, and facility maintenance services at Defense Fuel Support Point (DFSP) facilities in California - DFSP Norwalk in Norwalk, CA and DFSP San Pedro in San Pedro, CA. The Government anticipates award of two (2) indefinite-delivery indefinite-quantity (IDIQ), Firm Fixed Price (FFP) contracts that the Contractor for each Facility will perform the following: Project Management; Site investigation, risk assessment, evaluation of remedial alternatives, and selection of remedial action; Environmental Remedial Systems installation/construction and Operation and Maintenance (O&M) at the site; Monitoring and Reporting of Site Environmental Conditions; Public involvement; Records and Data Management; Emergency Response Event Evaluation; Environmental Compliance Support; and Environmental Facility Maintenance Activities.

B. COMPETITION SET-ASIDES:

DFSP Norwalk – Full & open competition (unrestricted) DFSP San Pedro – Full & open competition (unrestricted)

C. CONTRACT CLIN STRUCTURE AND DESCRIPTION:

0001 Restoration Program & Management Requirements 0002 Compliance Program & Management Requirements 0003 Facility Management Program & Management Requirements 0004 Extraordinary Restoration Requirements 0005 Extraordinary Compliance Requirements 0006 Extraordinary Facility Management Requirements

0007 Utility Costs (Dig membership, electricity, natural gas, water, and sewer)

0008 Extraordinary Requirements funded by DLA HQ Environmental Support Services (DERA Response)

0009 Facility Management Program & Management Requirements funded by NAVY-UT (NAVY-UT Funding)

0010 Facility Management Program & Management Requirements funded by NAVY-FX (NAVY-FX Funding)

0011 Facility Management Program & Management Requirements funded by NAVY-UT (NAVY-UT Funding)

CLINS 0001-0003 are associated with specific tasks and associated deliverables identified in the PWS and Facility Specific Appendices (FSAs). Offeror’s Firm-Fixed-Prices shall be reflective of all labor, materials, and other costs associated with performance of the tasks and completion of deliverables. Activities under CLINS 0001-0003 form the basis of the guaranteed minimum quantity of services required by FAR 16.504(b)(1); minimums are established below in paragraph D of this section.

CLINS 0004-0006 are associated with specific PWS sections identified below and may be ordered on a Firm-Fixed-Price basis if required during the performance period using the procedures described at PWS Section 6.1. Unit prices established for the tasks in attachments 4-5 are not an exhaustive list of all work that may be required. The deliverables and estimated quantities provided in the Price Proposal Worksheets (PPWs) reference item list are based on historical ordering data. During contract performance, the reference item list contained in the PPWs will be used for evaluating task order proposals. If the offeror cannot adequately respond to the Task Order request for proposal (RFP) using the PPW’s reference item list, the contractor shall contact the Contracting Officer IAW PWS Section 6.1.

CLIN 0007 is a Time & Materials (T&M) CLIN for limited utilities (see below for additional detail). CLIN 0007 is the only Time & Materials (T&M) CLIN. The contractor may only charge the government the actual cost for the associated remediation services listed in the PWS Section 4.1.4.

CLIN 0008 DERA Response is reserved for tasks that are within the scope of this contract and funded using the DERA appropriation. CLIN 0008 is associated with specific tasks and associated deliverables identified in the PWS and Facility Specific Appendices (FSAs). Offeror’s Firm-Fixed-Prices shall be reflective of all labor, materials, and other costs associated with performance of the tasks and completion of deliverables.

CLINS 0009 - 0011 are placeholders. These CLINS are set up at the time of award for planning purposes.

CLIN 0009 Navy – UT captures Navy Utility Cost, Time and Materials. This may include but is not necessarily limited to Navy cost share for electricity, potable water, natural gas, and/or wastewater. See PWS Section 4.1.4 for invoicing instructions.

CLIN 0010 Navy – FX captures Navy Facility Maintenance Services Cost, Time and Materials.

This may include but is not necessarily limited to Navy cost share for grounds maintenance, pest control, and/or recycling. See PWS Section 4.1.4 for invoicing instructions.

CLIN 0011 Navy – ST captures Navy Facility Sustainment and Repairs Cost, Time and Materials. This may include but is not necessarily limited to Navy cost share for maintenance and repair activities to keep facilities in good working order. Examples include regularly scheduled maintenance and cyclical major repairs or replacement of components that occur periodically over the expected service life of the facilities.

The government reserves the right to revise the CLIN structure at time of award.

D. CLIN 0007 (T&M) CEILING PRICE (48 Month Period of Performance and 6 Month Extension Option):

DFSP Norwalk - $2,500,000 Total;

DFSP San Pedro - $7,000,000 Total

E. MINIMUM QUANTITY OF SERVICES THE GOVERNMENT WILL ORDER AND THE

CONTRACTOR MUST FURNISH:

DFSP Norwalk Minimum Quantity of Services

DFSP NORWALK

PPW REFERENCE

ITEM

DFSP NORWALK ITEM

DESCRIPTION QUANTITY UNIT

Draft Project Management Plan

– See Norwalk FSA Section

4.1.1 1 EA

Final Project Management Plan

- See Norwalk FSA Section

4.1.1 1 EA

DFSP Norwalk and Tustin/El Toro Pipeline Kickoff Meeting Minutes

– See Norwalk FSA Section

4.1.2.1 2 EA

Quarterly Project Management Review Meeting Minutes – See Norwalk FSA Section 4.1.2.2 4 EA

Regulatory Agency/Stakeholder Meeting Minutes - See Norwalk FSA Section 4.1.2.3 2 EA

RAB or Public Meeting Minutes, Fact Sheet/Mailing - See Norwalk FSA Section

4.1.2.4 1 EA

Annual DLA Headquarters Briefing Minutes - See Norwalk FSA Section 4.1.2.5 1 EA

Contract Closure Meeting - See Norwalk FSA Section 4.1.2.6 1 EA

Monthly Utility Invoicing Summary - See Norwalk FSA Section 4.1.4 12 EA

DFSP Norwalk Remedial Systems Quarterly Status Report

- See Norwalk FSA Section

4.2.2.1 4 EA

El Toro Pipeline Release Site LNAPL Gauging, Recovery and Disposal Annual Report - See Norwalk FSA Section 4.2.2.2 1 EA

El Toro Pipeline Release Site Remedial System Quarterly Status Report - See Norwalk FSA Section 4.2.2.3 4 EA

DFSP Norwalk Semi-Annual Groundwater Monitoring Data 2 EA

Summary Report - See Norwalk FSA Section 4.2.3.1

DFSP Norwalk Semi-Annual Groundwater Monitoring Report

- See Norwalk FSA Section

4.2.3.1 2 EA

El Toro Pipeline Release Site Quarterly Groundwater Monitoring Report for 20 Wells

- See Norwalk FSA Section

4.2.3.2 1 EA

El Toro Pipeline Release Site Quarterly Groundwater Monitoring Report for 40 Wells

- See Norwalk FSA Section

4.2.3.2 4 EA

Facility Compliance Quarterly Summary Report - See Norwalk FSA Section 4.3 4 EA

Facility Compliance Quarterly Summary Report - See Norwalk FSA Section 4.3 4 EA

DFSP San Pedro Minimum Quantity of Services

DFSP SAN PEDRO

PPW REFERENCE

ITEM

DFSP SAN PEDRO ITEM

DESCRIPTION QUANTITY UNIT

Draft Project Management Plan

- See San Pedro FSA Section

4.1.1 1 EA

Final Project Management Plan

- See San Pedro FSA Section

4.1.1 1 EA

Kickoff Meeting Minutes - See San Pedro FSA Section 4.1.2.1 1 EA

Quarterly Project Management Review Meeting Minutes - See San Pedro FSA Section 4.1.2.2 4 EA

Regulatory Agency Meeting Minutes/Stakeholder Meeting Minutes & Fact Sheets - See San Pedro FSA Section 4.1.2.3 2 EA

Public Meeting Minutes & Fact Sheets - See San Pedro FSA Section 4.1.2.4 2

Annual DLA Headquarters Briefing Meeting Minutes - See San Pedro FSA Section 4.1.2.5 1 EA

Contract Closure Meeting - See San Pedro FSA Section 4.1.2.6 1 EA

Monthly Utility Invoicing Summary - See San Pedro FSA Section 4.1.4 12 EA

Admin Area – North Road Plume Area Remedial System Quarterly Status Report - See San Pedro FSA Section 4.2.2.1 4 EA

South Control Area – North Gaffey Street Remedial System Quarterly Status Report - See San Pedro FSA Section 4.2.2.2 4 EA

BFCUST 2 Remedial System Quarterly Status Report - See San Pedro FSA Section 4.2.2.4 4 EA

BFCUST Cluster 1 Remedial System Quarterly Status Report

- See San Pedro FSA Section

4.2.2.4 4 EA

BFCUST Cluster 2 Remedial System Quarterly Status Report

- See San Pedro FSA Section

4.2.2.4 4 EA

BFCUST 43 Remedial System Quarterly Status Report - See San Pedro FSA Section 4.2.2.4 4 EA

Sitewide Semi-Annual Groundwater Monitoring Report - See San Pedro FSA Section 4.2.2.5 2 EA

Facility Compliance Quarterly Summary Report - See San Pedro FSA Section 4.3 4 EA

Facility Maintenance Quarterly Summary Report - See San Pedro FSA Section 4.4 4 EA

F. UNIT PRICES (YEARLY ESTIMATED QUANTITIES):

Offerors shall use Attachments 4-5 for offered prices.

G. MAXIMUM QUANTITY OF SERVICES THE GOVERNMENT MAY ORDER:

DFSP Norwalk:

CLIN 0001 – 200% of the total estimated value of CLIN 0001 in Attachment 4 – DFSP Norwalk Price Proposal Worksheet.

CLIN 0002 – 200% of the total estimated value of CLIN 0002 in Attachment 4 – DFSP Norwalk Price Proposal Worksheet.

CLIN 0003 – 200% of the total estimated value of CLIN 0003 in Attachment 4 – DFSP Norwalk Price Proposal Worksheet.

CLIN 0004 – 500% of the total estimated value of CLIN 0004 in Attachment 4 – DFSP Norwalk Price Proposal Worksheet.

CLIN 0005 – 500% of the total estimated value of CLIN 0005 in Attachment 4 – DFSP Norwalk Price Proposal Worksheet.

CLIN 0006 – 500% of the total estimated value of CLIN 0006 in Attachment 4 – DFSP Norwalk Price Proposal Worksheet.

CLIN 0008 – 500% of the total estimated value of CLIN 0008 in Attachment 4 – DFSP Norwalk Price Proposal Worksheet.

DFSP San Pedro:

CLIN 0001 – 200% of the total estimated value of CLIN 0001 in Attachment 5 – DFSP San Pedro Price Proposal Worksheet.

CLIN 0002 – 200% of the total estimated value of CLIN 0002 in Attachment 5 – DFSP San Pedro Price Proposal Worksheet.

CLIN 0003 – 200% of the total estimated value of CLIN 0003 in Attachment 5 – DFSP San Pedro Price Proposal Worksheet.

CLIN 0004 – 500% of the total estimated value of CLIN 0004 in Attachment 5 – DFSP San Pedro Price Proposal Worksheet.

CLIN 0005 – 500% of the total estimated value of CLIN 0005 in Attachment 5 – DFSP San Pedro Price Proposal Worksheet.

CLIN 0006 – 500% of the total estimated value of CLIN 0006 in Attachment 5 – DFSP San Pedro Price Proposal Worksheet.

CLIN 0008 – 500% of the total estimated value of CLIN 0008 in Attachment 5 – DFSP San Pedro Price Proposal Worksheet.

NOTE: Additional reference items may be negotiated and added during the course of the contract as ancillary items to support work within the scope of the PWS. Those items will be incorporated into the contract by bilateral modification and added to the maximum quantity of services as needed.

H. ANTICIPATED CONTRACT PERIOD OF PERFORMANCE (All CLINS):

DFSP Norwalk Base Period: August 1, 2025 – July 31, 2029 Optional Extension Period: August 1, 2029 – January 31, 2030

DFSP San Pedro

Base Period: August 11, 2025 - August 10, 2029 Optional Extension Period: August 11, 2029 – February 10, 2030

I. CONTRACT TYPE:

One four-year, indefinite-delivery indefinite-quantity (IDIQ), Firm Fixed Price (FFP) contract shall be awarded for each facility, for a total of two (2) single awarded IDIQ FFP contracts. Task Orders issued under CLINs 0001 – 0007 may be issued as needed in accordance with FAR 52.216-18, FAR 52.216-19, and FAR 52.216-22.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Performance Work Statement is hereby incorporated by reference as if fully set forth herein. See Attachments 1-3.

SECTION D - PACKAGING AND MARKETING

NO CONTENT

SECTION E – INSPECTION AND ACCEPTANCE

THIS PROVISION AND CLAUSE IS INCORPORATED BY REFERENCE. SEE FAR 52.252-2

CLAUSES INCORPORATED BY REFERENCE (FEB 1998).

52.246-4 INSPECTION OF SERVICES – FIXED-PRICE (AUG 1996)

SECTION F – DELIVERIES OR PERFORMANCE

For a listing of required deliverables, please see section B of the solicitation, the PWS, and the Facility Specific Appendix to the PWS.

52.242-15 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.

Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either --

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if --

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

F-0001 F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002)

(a) The period of this contract during which the Ordering Officer may order and the Contractor shall deliver, if ordered, will be as follows unless the Schedule specifies otherwise:

DFSP NORWALK

(1) Anticipated Ordering period begins: August 1, 2025 and ends: July 31, 2029.

(2) Anticipated Delivery period begins: August 1, 2025 and ends: July 31, 2030.

DFSP SAN PEDRO

(1) Anticipated Ordering period begins: August 11, 2025 and ends: August 10, 2029.

(2) Anticipated Delivery period begins: August 11, 2025 and ends: August 10, 2030.

(b) Notwithstanding the foregoing, deliveries prior to the delivery period, made at the option of the Contractor and pursuant to an order by the Government, shall be deemed to have been made under this contract at the applicable contract price(s).

SECTION G – CONTRACT ADMINISTRATION DATA

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY FEB 1998)

Each invoice submitted for payment under this contract shall be identified by an individual invoice number. The number shall not be duplicated on subsequent invoices. Duplicate invoice numbers or invoices that do not include numbers may be rejected.

G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA

ENERGY JAN 2017)

Remittances shall be mailed only at the Government’s option or where an exception to payment by Electronic Funds Transfer (EFT) applies. (See the PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT or the PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN SYSTEM FOR AWARD MANAGEMENT clause.)

Offeror shall indicate below the complete mailing address (including the nine-digit zip code) to which remittances should be mailed if such address is other than that shown in Block 15a (Standard Form (SF)

33) for noncommercial items or Block 17a (SF 1449) for commercial items. In addition, if offeror did not incorporate its nine-digit zip code in the address shown in Block 15a of the SF 33 or in Block 17a of the SF 1449, the offeror shall enter it below:

(a) Payee Name (Contractor):

(DO NOT EXCEED 25 CHARACTERS)

(b) Check Remittance Address:

(DO NOT EXCEED 30 CHARACTERS PER LINE)

(c) Narrative Information (special instructions).

(DO NOT EXCEED 153 CHARACTERS)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six-position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.232-7003 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.232-7003

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

___________Invoice 2 in 1______________________________________ (Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance-based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701 Issue By DoDAAC SPE603 Admin DoDAAC** SPE603 Inspect By DoDAAC SPE603; Extension ENVR Ship To Code N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) SPE603; Extension ENVR

Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

_DLA Energy Help Desk Email: disa.global.servicedesk.mbx.dla-ticket-request@mail.mil (844) 347- 2457_ (Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H-0001 H9.01 TECHNICAL DIRECTION (DLA ENERGY FEB 1992)

(a) A DLA Energy representative other than the Contracting Officer (CO) may provide technical direction on contract performance. Technical direction includes--

(1) Direction to the Contractor which assists him in accomplishing the Statement of Work; and

(2) Comments on and approval of reports or other deliverables.

(b) When the individual providing technical direction is not the CO, he does not have the authority to issue technical direction that--

(1) Institutes additional work outside the scope of the contract;

(2) Constitutes a change as defined in the CHANGES clause;

(3) Causes an increase or decrease in the estimated cost of the contract;

(4) Alters the period of performance; or

(5) Changes any of the other express terms or conditions of the contract.

(c) A Contractor following such unauthorized direction may be found in breach of contract and may not be reimbursed for increased costs resulting therefrom. Only a CO may authorize changes to the contract Statement of Work.

H-0002 H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND

SUBCONTRACTORS (DLA ENERGY JAN 2012)

(a) The General Liability Worker's Compensation and Automobile Liability Insurance to be procured and maintained by the Contractor and any subcontractors pursuant to the wording of the INSURANCE - WORK ON A GOVERNMENT INSTALLATION contract text shall provide at least the following minimum coverage:

GENERAL LIABILITY INSURANCE.

Bodily Injury......................................................................................... AT LEAST mailto:disa.global.servicedesk.mbx.dla-ticket-request@mail.mil

$100,000 per person, AT LEAST $1,000,000 per occurrence Property Damage...............................................................................… AT LEAST $1,000,000 per occurrence Worker's Compensation..................................................................…... AT LEAST $100,000 except in states with exclusive monopolistic funds which do not permit the writing of workmen's compensation by private carriers (Nevada, North Dakota, Ohio, Oregon, Washington, West Virginia, and Wyoming).

(Longshore and Harbor Workers' Compensation must also be provided when applicable.)

AUTOMOBILE LIABILITY INSURANCE.

Bodily Injury.........................................................................................AT LEAST $200,000 per person, AT LEAST $500,000 per occurrence Property Damage..........................................................................AT LEAST $ 20,000 per occurrence

(b) Prior to the commencement of work hereunder, at the request of the Contracting Officer, the Contractor shall submit the required certificates of insurance to the Contracting Officer.

SECTION I – CONTRACT CLAUSES

PART 1 - THESE CLAUSES ARE INCORPORATED BY REFERENCE. SEE FAR 52.252-2

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.203-3 GRATUITIES (APR 1984)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 2020)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN

2011)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG

2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (NOV 2021)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE

AND CONSTRUCTION CONTRACTS (MAY 2024)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

(FEB 2021)

52.223-5 POLLUTION PREVENTION & RIGHT-TO-KNOW INFORMATION (MAY 2024)

52.228-5 INSURANCE –WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

52.232-11 EXTRAS (APR 1984)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (APR 1984)

52.237-3 CONTINUITY OF SERVICES (JAN 1991)

252.201-7000 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 1991)

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2011)

252.203-7002 REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (DEC 2022)

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN

2023)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR

LITIGATION SUPPORT (JAN 2023)

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE (JAN 2023)

252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT

HOLDERS (JUN 2023)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED

BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM

(MAY 2019)

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)—BASIC

(DEC 2019)

252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC

OR HAZARDOUS MATERIALS—BASIC (SEP 2014)

252.223-7008 PROHIBITION ON HEXVALENT CHROMIUM (JAN 2023)

252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED

ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS

(JAN 2023)

252.227-7015 TECHNICAL DATA—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (MAR 2023)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (DEC 2018)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2022)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL

SERVICES (NOV 2023)

5452.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE

RESOLUTION (ADR) (JUN 2020)

PART 2 – THE FOLLOWING PROVISIONS AND CLAUSES ARE INCORPORATED IN FULL

TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or 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.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727).

However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) 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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

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

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

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

(i) 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.

https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1 https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34

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

(4) 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.

(5) 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.

(6) 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 33.211 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.

https://www.acquisition.gov/far/part-52#FAR_52_212_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-33#FAR_33_211 https://www.acquisition.gov/far/part-32#FAR_32_607_2

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.