W9123820B0009 Solicitation 24Aug2020.pdf
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- Attached to
- American River Common Features Natomas Basin- Reach A - Tree Removal & Mitigation Project at Rio Ramaza
- Solicitation number
- W9123820B0009
About this file
This solicitation requests proposals for a tree removal and mitigation project located in Sacramento, California. The U.S. Army Corps of Engineers seeks a contractor to remove trees, prepare the mitigation site, plant elderberry shrubs and other species, maintain irrigation infrastructure, and perform weeding, mowing and spraying over a five year period. Offerors must price line items for site preparation, installation of best management practices, signs, initial and ongoing maintenance activities, and optional additional tree removal and replacement planting. Proposals are due on September 24, 2020 and the period of performance is scheduled from October 1, 2020 through September 30, 2025. The solicitation includes detailed submission instructions, site visit information, and requirements for pricing, representations and certifications, and documentation of relevant past experience.
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CODE
(Hour)
PAGE(S)
until 08:00 AM local time 24 Sep 2020
A X B
C D
EX
X G F
H amber.scyoc@usace.army.mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA FAR (48 CFR) 53.214(c)
1 50
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
W91238 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
AMBER SCYOC 916-557-7040
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
1 - 6 7 - 27
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT
PACKAGING AND MARKING
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
28 - 29 30 - 33
K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIONS AND INSTRUCTIONS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
34 - 50
PART II - CONTRACT CLAUSES
US ARMY CORPS OF ENGINEERS, SACRAMENTO
CONTRACTING DIVISION
1325 J STREET
SACRAMENTO CA 95814-2922
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
24 Aug 2020
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
W9123820B0009
Section A - Solicitation/Contract Form
INSTRUCTIONS TO BIDDERS
Table of Contents
Attachment Description Date Number of Pages 1 Performance Work
Statement 15 June 2020 85
2 PWS Attachments E&F 5 August 2020 51 3 PWS Exhibits 1-7 5 August 2020 7 4 PWS Plans 5 August 2020 31 5 Service Contract Wage
Determination 16 July 2020 15
6 Bid Pricing Schedule 4 August 2020 2
SITE VISIT
A site visit for this procurement will be held on Monday, 31 August 2020 at 0930 PST.
Participants should meet at the following location:
Sand Cove Beach Coordinates: Lat: 38°35'59.56"N; 121°32'38.33"W
Site visit POC:
Sidney Jones Email: Sidney.I.Jones@usace.army.mil Phone: (916) 557-7273:
INQUIRIES:
Prospective bidders should submit inquiries related to this solicitation in accordance with the following:
a. For information related to amendments, and the dates set for bid opening, please check Beta.Sam.Gov
b. Contractual and Technical inquiries and questions relating to proposal procedures are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet.
1. To submit and review bid inquiry items, offerors will need to be a current registered user or self-register into the system. To self-register go to the aforementioned web page and click on the QUICK ADD link. Select agency as USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your e-mail address, and then click continue. Fill in all required information and click Add User.
2. From this page you may view all bidder inquiries or add an inquiry.
3. Bidders will receive an acknowledgement of their question via e-mail, followed by an answer to their question after it has been processed.
4. The Solicitation Number is: W91238-20-B-0009 The Bidder Inquiry Key is: KZHVK7-THBTB7
c. The Bidder Inquiry System will be closed for new inquiries 10 days prior to the bid opening date in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.
d. Bidders are requested to review the specification in its entirety, and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.
DIRECTIONS FOR SUBMITTING BIDS:
DoD SAFE FILE EXCHANGE INSTRUCTIONS The Offeror’s bid shall be submitted electronically, as described below. The Offeror’s bid shall not contain classified data. The use of hyperlinks in bids is prohibited.
NOTE: The only authorized transmission method for bids in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND
CARRIED, ETC.) WILL BE ACCEPTED.
The Offeror’s bid must be received by the Government by the date/time specified in the solicitation. Offerors shall electronically submit their bids using the following link:
https://safe.apps.mil/. Within SAFE, please send bids to both Contract Specialist Amber Scyoc at Amber.Scyoc@usace.army.mil and to Contracting Officer Leah Caldwell at Leah.Caldwell@usace.army.mil.
Failure to properly submit a bid by the time will render it late, and late bids will not be read. As this is an electronic submission subject to internet connectivity and other potential network traffic issues, offerors are cautioned to plan accordingly.
INSTRUCTIONS FOR SUBMITTING ELECTRONIC BIDS:
In an effort to reduce paperwork and cost, all bids shall be submitted electronically through the SAFE site.
Submission shall be in Adobe PDF format. Your uploaded submission cannot exceed 2GB. If you have a large number of files, recommend that you combine or ZIP your files before uploading to the SAFE site. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.
REQUEST FOR UPLOAD CODE: In order to electronically submit a bid through DoD SAFE, offerors must email Contract Specialist Amber Scyoc at Amber.Scyoc@usace.army.mil and to Contracting Officer Leah Caldwell at Leah.Caldwell@usace.army.mil no later than five (5) working days () prior to the bid due date to receive a request code which will allow for file uploads via the SAFE site. Offerors that fail to email for request a code five (5) working days before bid submission date may not be able to receive a request code in time to upload their submission.
FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The “File Description” will be included in the email notice to each of the recipients you choose to have access your file(s). NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.) Submission shall be in Adobe PDF format.
INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:
Once at the SAFE website select the “Drop-off” icon. This allows users without a Common Access Card (CAC) or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest. After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings. When completing your file information for transmittal via the SAFE website, you will be required to enter the email address for all recipients. For this solicitation, the recipients are the Contract Specialist and the Contracting Officer.
The email address for the Contract Specialist for this solicitation is Amber.Scyoc@usace.army.mil AND the Contracting Officer is Leah.M.Caldwell@usace.army.mil The E-Mail address of the Government Employee who initiated the request code will be automatically entered. The Offeror must enter the E-Mail address for both the Contracting Officer and Specialist. The Offeror can enter an additional E-Mail address if desired. After entering the email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your bid is submitted, a notification will be sent to the recipients you added. NOTE: Do NOT send the SAFE site packages to group email accounts.Even if you successfully upload your bid to the SAFE site, notification will not be sent to the government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. An Offeror can confirm proper submission by the ‘Drop-Off Completed” screen which generates based on proper file submission.
NOTE: It has been reported that documents are more quickly uploaded into the SAFE website when using a Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Offerors will have more success utilizing any particular browser.
RECEIPT OF SUBMISSIONS:
For the purposes of establishing whether a bid submission is considered timely, the government considers the date and time the submission is completely uploaded into the SAFE website. For bids larger than the 2GB capacity of the SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases. The government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive bids. Offerors are responsible for ensuring that bids are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for the bid to be received in accordance with the instructions provided. Because uploaded documents expire in DoD SAFE, the submission of bids should only occur during a limited window of time from 0800 on 21 September 2020 to the due date, in order to ensure that the submitted bids don’t expire before the bid opening officer has time to download the bids and conduct the bid opening.
Bidders are responsible for ensuring that they submit the submitted bid does not expire prior to bid opening.
Bid Due Date and Time: 24 September 2020 no later than 0800 PST
Bid Opening Date and Time: 24 September 1000 PST
Audio Conference Line instructions:
USA TOLL-FREE: (877)336-1828ACCESS CODE: 8444027
SECURITY CODE: 1234
SPECIAL STANDARDS OF RESPONSIBILITY:
1. Provide documentation to support that your firm or a firm on your proposed team has transplanted elderberry plants on two (2) contracts.
2. Provide documentation to support that your firm or a firm on your proposed team has provided tree removal services within 50 feet of overhead and/or underground utilities.
FACSIMILE BIDS/OFFERS:
Facsimile bids/offers, modifications thereto, or cancellations of bids/offers will not be accepted. Electronic bids will be accepted through the SAFE site only.
ACCEPTANCE OF BIDS/OFFERS:
A written 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.
DETAILED SUBMISSION REQUIREMENTS
Submit an electronic copy of the bid via the SAFE website using a searchable “PDF” file format.
Organize your bid as indicated below. If a tab is not applicable to your bid, omit that tab but do not renumber the subsequent tabs.
TAB CONTENTS OF THE BID
1- Bid Cover Sheet 2- SF 33; Acknowledgement of Amendments; Joint Venture Agreement 3- Contract Line Item Number (CLIN) Schedule and Pricing Schedule 4- Representations and Certifications 5- Special Standards of Reponsibilty
Tab 1: Bid Cover Sheet Solicitation Number:
The name, address, DUNS Number, e-mail address, and telephone and facsimile numbers of the bidder.
A statement specifying the extent of agreement with all terms, conditions, and provisions included in the Solicitation and agreement to furnish any or all items upon which prices are bidded at the price set opposite each item.
Names, titles, e-mail address, telephone and facsimile numbers of persons authorized to negotiate on the bidder’s behalf with the Government in connection with this solicitation:
Name, title, and signature of person authorized to sign the bid. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.
Tab 2: SF 33; Acknowledgement of Amendments; Joint Venture Agreement.
The Standard Form (SF) 33 must be completed by the bidder and duly executed with an original signature by the official(s) identified in the bid price cover sheet as authorized to bind the bidder in accordance with FAR 4.102, which includes specific instructions pertaining to individuals, partnerships, corporations, Joint Venture participants, and agents. Include the bidder’s DUNS number in block 14 of the SF 33, along with the bidder’s address. All amendments must be acknowledged in accordance with the instructions on the Standard Form 33. If the bidder is a Joint Venture (JV), include a copy of the JV agreement and indicate its status.
Tab 3: CLIN Schedule and Bid Pricing Schedule Prices must be submitted for all CLINs. Unit prices must be extended to the actual “dollar and cents” amounts (i.e., to two decimal places). Do not round off the extended prices to the nearest dollar. Check your pricing submission very carefully for arithmetic and clerical errors prior to submission. Any qualification of pricing may render the bid unacceptable and therefore not eligible for award.
Tab 4: Representations and Certifications FAR 52.204-8 Annual Representations and Certifications.
Tab 5: Special Standards Of Responsibility Please provide documentation to support that your firm meets the requierments of the Special Standards of Responsibility below. Acceptable proof can be a self-certified written statement and/or photographic evidence. Please include the associated contract number, point of contact and phone number.
1. Provide documentation to support that your firm or a firm on your proposed team has transplanted elderberry plants on two (2) contracts.
2. Provide documentation to support that your firm or a firm on your proposed team has provided tree removal services within 50 feet of overhead and/or underground utilities.
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Job Plan Submittals
FFP
FOB: Destination
NET AMT
0002 1 Job Remove Tree Base
0003 1 Job Mitigation Site Setup
0004 1 Job Install BMPs at Mitigation Site
0005 1 Job Signs
0006 1 Job IP Mowing
0007 1 Job IP Spraying - Spot
0008 1 Job Water Well Refurbish
0009 1 Job Layout Planting Rows
0010 1 Job Install Main Irrigation Lines
0011 1 Job Layout Plant Locations
0012 1 Job Drill Plant Pits
0013 1 Job Install Lateral Irrigation Lines
0014 1 Job Install Irrigation Emitters
0015 12 Each IP As Builts and Activity Records
1001 1 Job OPTION Remove Trees at Shorebird Area
1002 1 Job OPTION Remove Trees at Natomas Oak Area
1003 1 Job OPTION Remove Trees at Remainder Area
2001 355 Each OPTION EP1 Install Plants
2002 62 Each OPTION EP1 Watering
2003 3 Each OPTION EP1 Weeding
2004 4 Each OPTION EP 1 Mowing
2005 3 Each OPTION EP 1 Spraying - Rows
2006 3 Each OPTION EP1 Spraying - Middles
2007 1 Job OPTION EP1 Spraying - Spot
2008 12 Each OPTION EP1 Activity Records
2009 1 Job OPTION EP1 Annual Report #1
2010 1 Job OPTION EP1 Plant Survey #1
2011 1 Job OPTION EP1 Cleanup
3001 1 Job OPTION EP2 Seed Grasses
3002 1 Job OPTION EP2 Replace Plants
3003 31 Each OPTION EP2 Watering
3004 3 Each OPTION EP1 Weeding
3005 4 Each OPTION EP2 Mowing
3006 3 Each OPTION EP2 Spraying- Rows
3007 3 Each OPTION EP2 Spraying - Middles
3008 1 Job OPTION EP2 Spraying- Spot
3009 12 Each OPTION EP2 Activity Records
3010 1 Job OPTION EP2 Annual Report #2
3011 1 Job OPTION EP2 Plant Survey #2
3012 1 Job OPTION EP2 Cleanup
4001 1 Job OPTION EP2 Replace Plants
4002 31 Each OPTION EP3 Watering
4003 3 Each OPTION EP3 Weeding
4004 4 Each OPTION EP3 Mowing
4005 3 Each OPTION EP3 Spraying - Rows
4006 3 Each OPTION EP3 Spraying- Middles
4007 1 Job OPTION EP3 Sraying - Spot
4008 12 Each OPTION EP3 Activity Records
4009 1 Job OPTION EP3 Annual Reports #3
4010 1 Job OPTION EP3 Plant Survey #3
4011 1 Job OPTION EP3 Cleanup
5001 26 Each OPTION EP4 Watering
5002 2 Each OPTION EP4 Weeding
5003 4 Each OPTION EP4 Mowing
5004 3 Each OPTION EP4 Spraying- Rows
5005 3 Each OPTION EP4 Spraying- Middles
5006 1 Job OPTION EP4 Spraying - Spot
5007 12 Each OPTION EP4 Activity Records
5008 2 Each OPTION EP4 Annual Reports #4 and #5
5009 1 Job OPTION EP4 Plant Survey #4
5010 1 Job OPTION EP4 Cleanup
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 2007 Destination Government Destination Government 2008 Destination Government Destination Government 2009 Destination Government Destination Government 2010 Destination Government Destination Government 2011 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 3006 Destination Government Destination Government 3007 Destination Government Destination Government 3008 Destination Government Destination Government 3009 Destination Government Destination Government 3010 Destination Government Destination Government 3011 Destination Government Destination Government 3012 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government
4004 Destination Government Destination Government 4005 Destination Government Destination Government 4006 Destination Government Destination Government 4007 Destination Government Destination Government 4008 Destination Government Destination Government 4009 Destination Government Destination Government 4010 Destination Government Destination Government 4011 Destination Government Destination Government 5001 Destination Government Destination Government 5002 Destination Government Destination Government 5003 Destination Government Destination Government 5004 Destination Government Destination Government 5005 Destination Government Destination Government 5006 Destination Government Destination Government 5007 Destination Government Destination Government 5008 Destination Government Destination Government 5009 Destination Government Destination Government 5010 Destination Government Destination Government
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-OCT-2020 TO
30-SEP-2021
N/A USACE SACRAMENTO DISTRICT
LEAH CALDWELL
ATTN: CONTRACTING DIVISION
1325 J STREET
SACRAMENTO CA 95814-2922
916-557-7467
W91238
0002 POP 01-OCT-2020 TO
30-SEP-2021
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0007 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0008 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0009 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0010 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0011 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0012 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0013 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0014 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0015 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 12 mths. AOE 1 (SAME AS PREVIOUS LOCATION)
1002 12 mths. AOE 1 (SAME AS PREVIOUS LOCATION)
1003 12 mths. AOE 1 (SAME AS PREVIOUS LOCATION)
2001 POP 01-OCT-2021 TO
30-SEP-2022
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2005 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2006 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2007 POP 02-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2008 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2009 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2010 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2011 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-OCT-2022 TO
30-SEP-2023
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
3004 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
3005 POP 01-OCT-2022 TO
30-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
3006 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
3007 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
3008 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
3009 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
3010 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
3011 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
3012 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 01-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 POP 01-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
4004 POP 01-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
4005 POP 01-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
4006 POP 01-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
4007 POP 01-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
4008 POP 01-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
4009 POP 01-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
4010 POP 01-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
4011 POP 01-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
5001 POP 01-OCT-2024 TO
30-SEP-2025
N/A (SAME AS PREVIOUS LOCATION)
5002 POP 01-OCT-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
5003 POP 01-OCT-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
5004 POP 01-OCT-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
5005 POP 01-OCT-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
5006 POP 01-OCT-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
5007 POP 01-OCT-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
5008 POP 01-OCT-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
5009 POP 01-OCT-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
5010 POP 01-OCT-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.204-1 Approval of Contract DEC 1989 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
JUN 2016
52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-12 Certification Regarding Tax Matters FEB 2016 52.212-3 Offeror Representations and Certifications--Commercial
Items
JUN 2020
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.217-5 Evaluation Of Options JUL 1990 52.219-14 Limitations On Subcontracting MAR 2020 52.222-50 Combating Trafficking in Persons JAN 2019 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
JUN 2020
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.246-4 Inspection Of Services--Fixed Price AUG 1996 252.201-7000 Contracting Officer's Representative DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.202-1 DEFINITIONS (JUN 2020)
When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--
(a) The solicitation, or amended solicitation, provides a different definition;
(b) The contracting parties agree to a different definition;
(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;
(d) The word or term is defined in FAR part 31, for use in the cost principles and procedures; or
(e) The word or term defines an acquisition-related threshold, and if the threshold is adjusted for inflation as set forth in FAR 1.109(a), then the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment; see FAR 1.109(d).
(End of clause)
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 561730.
(2) The small business size standard is $8,000,000.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.
(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)
(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, 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 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 Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.
chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The…
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