A07.6-W91238-15-Q-0053_RFQ-Success_Lake_Office_Janitorial_Services.doc

Section SF 1449 - CONTINUATION SHEET

Base Year (01 Jul 15-30 Jun 16)

FFP

Success Lake Office Janitorial Services located within Tulare County, Porterville, CA. Contractor shall furnish all labor, tools, materials, equipment, transportation and supervision necessary to perform office janitorial services at Success Lake. Work shall be performed in accordance with attached Performance Work Statement (PWS) dated 7 May 15.

Site Location: Success Lake, 29330 Highway 190, P.O. Box 1072, Porterville, CA 93258, Mainline: 559-784-0215.

Contracting POC: Healon Knight, Ph: 916-557-7228, Fax: 916-557-7854/7524, Email: Healon.D.Knight@usace.army.mil

FOB: Destination

NET AMT

0001AA

Office Building MWF

NET AMT

0001AB

Office Building weekly

NET AMT

0001AC

Office Building monthly

NET AMT

0001AD

Office Building Simi-Annual

NET AMT

Shop

NET AMT

0002AA

Shop MWF

NET AMT

0002AB

Shop Weekly

NET AMT

0002AC

Shop Monthly

NET AMT

0002AD

Shop Simi-Annual

NET AMT

Residence

NET AMT

0003AA

Residence MWF

NET AMT

0003AB

Residence Weekly

NET AMT

0003AC

Residence Monthly

NET AMT

0003AD

Residence Simi-Annual

NET AMT

Fee Building

NET AMT

0004AA

Fee Buiding MF

NET AMT

0004AB

Fee Buiding Weekly

NET AMT

0004AC

Fee Buiding Monthly

NET AMT

0004AD

Fee Buiding Simi-Annual

NET AMT

FFP

Success Lake Office Janitorial Services located within Tulare County, Porterville, CA. Contractor shall furnish all labor, tools, materials, equipment, transportation and supervision necessary to perform office janitorial services at Success Lake. Work shall be performed in accordance with attached Performance Work Statement (PWS) dated 7 May 15.

Site Location: Success Lake, 29330 Highway 190, P.O. Box 1072, Porterville, CA 93258, Mainline: 559-784-0215.

Contracting POC: Healon Knight, Ph: 916-557-7228, Fax: 916-557-7854/7524, Email: Healon.D.Knight@usace.army.mil

NET AMT

1001AA

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1001AB

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1001AC

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1001AD

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1002AA

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1002AC

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1003AA

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1004AA

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1004AB

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1004AC

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1004AD

NET AMT

FFP

Success Lake Office Janitorial Services located within Tulare County, Porterville, CA. Contractor shall furnish all labor, tools, materials, equipment, transportation and supervision necessary to perform office janitorial services at Success Lake. Work shall be performed in accordance with attached Performance Work Statement (PWS) dated 7 May 15.

Site Location: Success Lake, 29330 Highway 190, P.O. Box 1072, Porterville, CA 93258, Mainline: 559-784-0215.

Contracting POC: Healon Knight, Ph: 916-557-7228, Fax: 916-557-7854/7524, Email: Healon.D.Knight@usace.army.mil

NET AMT

2001AA

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2001AB

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2001AC

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2001AD

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2002AA

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2002AB

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2002AC

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2002AD

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2003AC

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2003AD

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2004AA

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2004AC

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2004AD

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FFP

Success Lake Office Janitorial Services located within Tulare County, Porterville, CA. Contractor shall furnish all labor, tools, materials, equipment, transportation and supervision necessary to perform office janitorial services at Success Lake. Work shall be performed in accordance with attached Performance Work Statement (PWS) dated 7 May 15.

Site Location: Success Lake, 29330 Highway 190, P.O. Box 1072, Porterville, CA 93258, Mainline: 559-784-0215.

Contracting POC: Healon Knight, Ph: 916-557-7228, Fax: 916-557-7854/7524, Email: Healon.D.Knight@usace.army.mil

NET AMT

3001AA

NET AMT

3001AB

NET AMT

3001AC

NET AMT

3001AD

NET AMT

NET AMT

3002AA

NET AMT

3002AB

NET AMT

3002AC

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3002AD

NET AMT

NET AMT

3003AA

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3003AB

NET AMT

3003AC

NET AMT

3003AD

NET AMT

NET AMT

3004AA

NET AMT

3004AB

NET AMT

3004AC

NET AMT

3004AD

NET AMT

FFP

Success Lake Office Janitorial Services located within Tulare County, Porterville, CA. Contractor shall furnish all labor, tools, materials, equipment, transportation and supervision necessary to perform office janitorial services at Success Lake. Work shall be performed in accordance with attached Performance Work Statement (PWS) dated 7 May 15.

Site Location: Success Lake, 29330 Highway 190, P.O. Box 1072, Porterville, CA 93258, Mainline: 559-784-0215.

Contracting POC: Healon Knight, Ph: 916-557-7228, Fax: 916-557-7854/7524, Email: Healon.D.Knight@usace.army.mil

NET AMT

4001AA

NET AMT

4001AB

NET AMT

4001AC

NET AMT

4001AD

NET AMT

NET AMT

4002AA

NET AMT

4002AB

NET AMT

4002AC

NET AMT

4002AD

NET AMT

NET AMT

4003AA

NET AMT

4003AB

NET AMT

4003AC

NET AMT

4003AD

NET AMT

NET AMT

4004AA

NET AMT

4004AB

NET AMT

4004AC

NET AMT

4004AD

NET AMT

DELIVERY INFORMATION

30-JUN-2016

29330 HIGHWAY 190

PO BOX 1072

PORTERVILLE CA 93258-1072

(559) 784-0215

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CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

ADDEMNUM TO INSTRUCTIONS TO THE OFFERORS

Please complete and return the following documents with your Request for Quotation (RFQ) Proposal:

1. Pages 1-6 of the RFQ

2. Price Breakdown

3. Contractor Experience Sheet

4. Registered with www.sam.gov (System for Award Management) website.

Site Visit:

Date & Time: Tuesday, 25 June 2015, 10am (PDT) Location: Success Lake, 29330 Highway 190, P.O. Box 1072, Porterville, CA 93258, Mainline: 559-784-0215.

Contracting POC: Healon Knight, Ph: 916-557-7822, Email:Healon.D.Knight@usace.army.mil

Submit RFQ Proposal with required documents to the email address a listed below:

US Army Corps of Engineers, Sacramenot District

Contracting Division

Attn: Ms. Healon Knight, Contract Specialist

1325 J St.

Sacramento, CA 95814-922

Ph: 916-557-7228

Fax: 916-557-7854/7524

Email: Healon.D.Knight@usace.army.mil RFQ Deadline: See block 8 on the SF 1449

This solicitation has 4 evaluation factors. The award decision will be made using the Lowest Priced Technically Acceptable method (LPTA). Please prepare a quote that demonstrates the following evaluation factors for this project:

Factor 1: Technical

The offeror shall list all equipment, environmentally friendly chemicals, certifications and staff that will be necessary to perform the tasks listed in the PWS. Local background checks must be submitted for all staff involved in this contract.

Factor 2: Experience

The offeror shall provide a list for up to three (3) previous jobs where the same or similar services were performed. Include the name of the business, contact information, the types of services performed, and duration and dollar value of each job.

Factor 3: Past Performance

The offeror shall submit the attached past performance questionnaires for up to 3 previous jobs for services similar to the tasks in the PWS.

Past performance will be based on the Government’s knowledge of performance under current and previous contracts, information provided by references directly to the Government or through other means, or based on any other reasonable basis. If past performance information is not available for the offeror; the offeror shall be assigned a neutral rating which is neither favorable nor unfavorable.

Factor 4: Price

Contractor shall provide a Firm-Fixed price for each CLIN. Price will be based on the grand total for the base and all option years. Offeror shall also break out thier labor categories, labor rates, estimated hours, material costs and profit rate. Labor categories should coincide with the attached Service Contract Act (SCA) Wage Determination.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

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

Factor 1 – Technical

The offeror will be evaluated on the completeness and relevancy of the list of equipment, environmentally friendly chemicals, certifications, and staff that will be necessary to perform the tasks listed in the PWS.

Factor 2 – Experience

The offeror will be evaluated on their relevant experience where the same or similar services were performed.

Factor 3 – Past Performance

The offeror will be evaluated using an acceptable past performance record.

· Past performance information obtained from sources other than those identified by the offeror may be used. All relevant facts and circumstances gathered from information from the offeror’s listed references and other sources of information available to the Government will be used to evaluate whether the offeror’s overall past performance and quality of performance is acceptable. If an offeror has not had a chance to comment on negative past performance evaluation obtained, it will be given a chance during clarifications. An offeror without a record of relevant past performance for whom past performance is not available will be given a neutral rating.

· The Government may also use past performance information obtained from other than the sources identified by the offeror. Information obtained from the Past Performance Information Retrieval System (PPIRS) database located at http//www.ppirs.gov is one of the sources that will be utilized. PPIRS functions as the central warehouse for performance assessment reports received from several Federal performance information collection systems and is sponsored by the DOD E-Business Office and administered by the Naval Sea Logistics Center Detachment Portsmouth.

Factor 4 – Price

Price will be determined by adding the firm-fixed price CLINs for the base and all option years to find the bottom line price.

Award will be made to the lowest priced offeror who meets the above minimums to be considered technically acceptable.

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

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

(End of provision)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (DEC 2014)

(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'', as amended (41 U.S.C. 601-613). 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 at 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 or 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, contract 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.

(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 contract 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.

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

(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. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the…