W912HZ-16-R-0024.pdf

SEE ADDENDUM

(No Collect Calls)

W912HZ-16-R-0024 15-Jun-2016

b. TELEPHONE NUMBER

601-634-4880

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 06 Jul 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912HZ9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MELISSA A KEEN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81EWF60779052

ARE NOT ATTACHED

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ERDC CONTRACTING OFFICE

3909 HALLS FERRY ROAD

VICKSBURG MS 39180-6199

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$20.5 Million

NAICS:

221320

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF68

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 4 Each IGF::OT::IGF Base Preventative U4J0000

FFP

Base Period

Performance of preventative maintenance on the ERDC lift stations in accordance with the PWS in Section C.

FOB: Destination

MILSTRIP: W81EWF60779052

PURCHASE REQUEST NUMBER: W81EWF60779052

NET AMT

0002 Job Base Service Calls and Repairs

COST

Base Period

Performance of service calls and repair work in accordance with the PWS in Section C.

Regular Labor Rate $_____ per hour

Emergency Labor Rate $_____ per hour

FOB: Destination

ESTIMATED COST

1001 4 Each OPTION Opt 1 Preventative Maintenance

FFP

Option Period 1

Performance of preventative maintenance on the ERDC lift stations in accordance with the PWS in Section C.

1002 Job OPTION Opt 1 Service Calls and Repairs

Option Period 1

2001 4 Each OPTION Opt 2 Preventative Maintenance

FFP

Option Period 2

Performance of preventative maintenance on the ERDC lift stations in accordance with the PWS in Section C.

2002 Job OPTION Opt 2 Service Calls and Repairs

Option Period 2

3001 4 Each OPTION Opt 3 Preventative Maintenance

FFP

Option Period 3

Performance of preventative maintenance on the ERDC lift stations in accordance with the PWS in Section C.

3002 Job OPTION Opt 3 Service Calls and Repairs

Option Period 3

4001 4 Each OPTION Opt 4 Preventative Maintenance

FFP

Option Period 4

Performance of preventative maintenance on the ERDC lift stations in accordance with the PWS in Section C.

4002 Job OPTION Opt 4 Service Calls and Repairs

Option Period 4

COST CLINS

For line items 0002, 1002, 2002, 3002, and 4002 quote must include only requested fully loaded hourly rate. Award will include a Government estimate maximum for those line items. Repair work and service calls will require prior Government approval as outlined in the PWS.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Performance Based Statement of Work

For Lift Station Maintenance

Directorate of Public Works Engineer Research and Development Center

US Army Corps of Engineers

1.0 Introduction

The U.S. Army Engineer Research and Development Center (ERDC) is one of the most diverse engineering and scientific research organizations in the world. ERDC conducts research and development in support of the Soldier, military installations, and the Corps of Engineers' civil works mission, as well as for other federal agencies, state and municipal authorities, and with U.S. industries through innovative work agreements. ERDC has unique world-class equipment and facilities, ranging from the world’s fastest supercomputers to one-of-a-kind physical models.

ERDC hosts one of six Department of Defense High Performance Computing Centers. The center’s supercomputers are some of the most powerful and fastest in the world. Other unique and world-class facilities include the world’s most powerful centrifuge, blast effects facilities, physical models of river and coastal projects, endangered species laboratories, heavy vehicle simulators, hazardous waste research laboratories, frost and ice engineering facilities, an earthquake simulator, and a 1,800-foot coastal research pier.

The ERDC Directorate of Public Works (DPW) is responsible for providing direct support to each of the ERDC laboratories in the form of engineering services, model fabrication and construction, and production of custom built research components and equipment. The DPW is also responsible for the overall ERDC facilities and provides master planning, minor construction and operation and maintenance services.

1.1 Purpose and Scope.

This performance based statement of work (PBSOW) sets forth the requirements for the contractor to provide sanitary sewer lift station maintenance and repair at the ERDC, Vicksburg, MS. Campus. The Vicksburg Campus is located at 3909 Halls Ferry Road, in Vicksburg, Mississippi, approximately two miles south of Interstate 20 and consists of approximately 80 Buildings, 5 trailers and 6 residential quarters situated on approximately 800 acres.

The purpose is to maintain the lift stations such that each is functioning properly and in accordance with its intended use. All of the ERDC lift stations are currently in working condition and operating properly. Locations of the lift stations is provided in drawing U-4012-2.

During the 5 year period of performance of this contract the government may add or remove lift stations to/from the list that the contractor is responsible for maintaining. In the case of adding new lift stations, the Contractor may request an equitable adjustment to incorporate the new lift stations into the Contractor’s maintenance service. Likewise, an equitable adjustment shall be due the government for lift stations that no longer require maintenance due to obsolescence or other reasons.

2.0 Contractor Personnel

2.1 General.

All Contractor personnel shall be able to read, write, speak and understand English and shall possess good written and verbal communications skills. In general, the contractor shall provide trained and experienced service technicians with recent and relevant experience with the types of lift stations located at ERDC and to provide quality services in accordance with manufacture’s specifications and common industry standards.

2.2 Specific Qualifications.

The Contractor’s technicians shall be trained and experienced with the maintenance and repair of the various types of lift stations described in paragraph 3.2. All maintenance and repair shall be performed at a minimum in accordance with the manufacture’s recommendations and common industry practice.

2.3 Past Performance.

The contractor shall submit with their proposal names and contact information of at least 3 customers for whom they have performed the same type and level of services of those specified herein. A description of the services and dates of performance shall also be included.

2.4 Pre-work Conference.

Prior to the initiation of any work under this contract, the contractor shall meet with the COR at a time, date and location established by the COR for the purpose of coordinating the initiation of work.

3.0 Description of Services

The contractor shall provide all management, quality control, labor, supervision, parts, materials, tools, equipment, supplies, transportation and other services necessary for maintenance and repair of the specified lift stations at ERDC, Vicksburg, MS campus. The contractor shall maintain the lift stations and inspect the lift stations to determine whether they are in satisfactory operating condition and perform repairs as necessary.

The contractor shall, without additional expense to the Government, be responsible for obtaining any and all necessary licenses and permits and shall comply with any applicable safety and health requirements by Federal, State and Local laws, codes or ordinances in connection with performance of this contract. The contractor shall be responsible for disposing off-site of all waste/materials resulting from all maintenance and repair services.

3.1 Maintenance.

The contractor shall perform periodic maintenance of the lift stations as shown in paragraph 3.2 below.

At a minimum, maintenance shall be done on a quarterly basis. The periodic maintenance shall include:

Check for loose or faulty connections in control panel Verify correct line voltage of all phases with pump off Verify correct line voltage of all phases with pump running Check amp draw on all phases Check motor windings with megger Check floats for damage or cracks to bulb and wire Verify controls operate properly Verify that audible and visual alarms operate properly Change lead/lag setting where applicable Pressure wash interior of wet well as needed

In addition to periodic maintenance, the contractor shall repair all inoperable or broken float switches (up to 10 per year), fuses, and light bulbs discovered during periodic maintenance. These are considered minor repairs and shall be included in the firm fixed price Contract Line Item for maintenance. No additional costs shall be charged to the government for periodic maintenance and minor repairs including parts, labor, equipment, materials, transportation, tools, supervision, consumables, disposals or other items. If the contractor determines that repairs outside of those items covered under periodic maintenance and minor repairs are recommended or required as a result of the maintenance and inspections, they shall be accomplished in accordance with paragraph 4.0.

3.2 ERDC Lift Stations.

Station Location Type Make Model HP Voltage

1 HOUSING DUPLEX FLYGT MP3085 2 230

2 3200 DUPLEX BARNES 4SE154 5 460

3 2026 DUPLEX FLYGT CP3102 5 230

4 6006 SIMPLEX MEYERS WG-20-21 2 230

5 6006 DUPLEX ABS PIR M35/2 5 230

7 3296 DUPLEX FLYGT CP3085 3 230

8 3297 SIMPLEX ABS S20/2 2 208

9 3284 SIMPLEX ABS M35/2 5 208

10 7000 SIMPLEX HYDR-0-MATIC SPGH-300 3 230

11 3398 SIMPLEX MEYERS WC50-23-25 5 230

12 8000 DUPLEX ABS EJ100D 7.5 460

13 5016 DUPLEX BARNES 4SE15044SL 15 460

14 5036 DUPLEX ABS S20/2 3 460

3.3 Services Hours.

All contractor services shall be performed between the hours of 7:00 AM and 5:00 PM Monday through Friday, excluding federal holidays.

3.4 Schedule.

The contractor shall provide a proposed annual schedule with his initial proposal for completing the Periodic Maintenance in accordance with paragraph 3.1.The schedule shall be approved by the COR prior to commencement of any services. Any subsequent changes require prior approval by the COR.

3.5 Maintenance Report.

The contractor shall provide a sample report with his initial proposal that documents the Periodic Maintenance as required in paragraph 3.1. The report format and contents shall be approved by the COR prior to commencement of any services. Any subsequent changes require prior approval by the COR.

4.0 Repairs

4.1 Proposals.

The contractor shall provide the COR with a written proposal for making any necessary repairs and shall not perform the repair service or procure any parts without prior COR approval. All repairs shall be performed in accordance with standard industry practices, manufacture’s recommendations and any applicable standards. It is noted that repairs shall include both services that require labor only and services that require both labor and parts.

4.2 Parts and Components.

All replacement parts and components shall be new and from the original equipment manufacturer where available. Where not available, parts and components shall meet or exceed the original equipment manufacture’s specifications. The use of any part that is not new (i.e.

refurbished) shall require COR approval. All repair work shall be promptly and fully completed such that all components have been reassembled as originally designed, whether cosmetic or functional. Repair work shall be of high quality so as to minimize or eliminate call backs for the same problem.

4.3 Approval.

The Contractor is required to have written approval from the COR for any part associated with the lift stations that requires removal from ERDC for repair.

4.4 Invoices.

The Contractor shall invoice for any repairs at the end of the month performed using the Contract Line Item Numbers for Labor and Parts. No other charges, including trip charges, will be reimbursed. The Contractor shall only invoice and be reimbursed for the actual cost of parts plus the contract markup.

For repairs generated through service calls that require the replacement of items specified as maintenance or minor repair parts, the Contractor shall invoice for labor only.

5.0 Warranties

The Contractor shall provide a warranty for parts and components to the extent a warranty is provided by the OEM/supplier. The contractor will not be responsible for warranting material or equipment that is government furnished.

6.0 Service Calls

The Contractor shall have procedures for receiving service calls. A single telephone number shall be provided by the Contractor for receipt of all service calls. The Contractor shall respond as appropriate to all service calls generated by a designated Government representative. The Contractor shall perform service call work as necessary to determine the cause of system failure and restore the system or equipment back to satisfactory working condition. Any repair necessary shall be accomplished as per paragraph 4.0.

6.1 Routine Service Calls.

Generally, routine calls will consist of correcting failures or deficiencies which do not immediately impact daily operations and/or critical mission operations.

The Contractor shall be on the job site and working within 24 hours of receiving the call.

6.2 Emergency Service Calls.

Generally, emergency calls are defined as an inoperative lift station that is overflowing or is imminent that sewage will overflow. Failures of this nature will impact daily operations and/or critical mission operations.

The Contractor shall be on the job site and working within 4 hours of all calls received.

7.0 Clean-up

The Contractor shall maintain areas around serviced lift stations in a clean and orderly fashion and free of trash and debris.

All residues shall be disposed of off-site; Spills shall be reported and cleaned up in accordance with EPA regulations.

The Contractor shall comply with all applicable laws and regulations that pertain to or govern any aspect material disposal.

8.0 Safety

The Contractor shall comply with US Army Corps of Engineers EM 385-1-1 Safety and Health Requirements Manual. This manual is distributed in electronic format on the internet at the HQUSACE Publication Library website located at http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf. The Contractor shall strictly comply with this manual as it relates to activities under this contract and also routinely discuss applicable provisions of this manual with all employees.

9.0 Reporting

9.1 Maintenance Report.

The Contractor shall submit a report of the completed work to the COR within 15 days of completion.

9.2 Invoices.

The contractor shall provide the government with an itemized invoice that list the contract line item number, description of services and/or supplies and cost. All invoices shall be submitted electronically.

9.3 Performance Evaluation.

The contractor’s performance of services will be evaluated quarterly (if services are performed in that quarter) with an annual evaluation being completed for entry into CPAR. The criteria used for the annual evaluation will be the performance metrics as described in the Performance Metrics below. If the contractor receives an overall composite rating of Unsatisfactory, then the contractor shall submit a corrective action plan to the COR. If the corrective action taken does not cure the unsatisfactory rating the Government may terminate this contract. A Quality Assurance Surveillance Plan (QASP) will used to evaluate performance on this contract.

Performance evaluations shall be done annually on each task within 15 days of the end of the year by the government point of contact. Performance evaluations may also be done as considered necessary throughout the duration of a task. The contractor shall initiate the required annual evaluations and provide the government POC the COR furnished electronic evaluation form in MS Word for completion. The COR will review and submit the completed form to the contractor. The contractor shall have 30 days in which to respond. The COR will consider any comments provided by the contractor and attach a copy to the evaluation. The evaluations will be a major factor in determining if the government exercises any option periods.

9.4 Performance Metrics.

The following metrics will be employed to monitor and report the contractor’s performance on this contract.

PERFORMANCE METRICS

Requirement Performance Objectives

Performance Threshold

PBSOW Method of Surveillance

Performance Standard

Successful Maintenance and Inspection

Periodic Maintenance completed in accordance with OEM specification and industry standards

3.1 Quarterly

Inspection

95% IAW NFPA

Timely Maintenance and Inspection

Periodic Maintenance completed in accordance with Schedule

3.4 Quarterly

Inspection

100% Monitored

Repair Response Time

Contractor responds within 2 working days of notification or discovery

6.1, 6.2 Quarterly Inspection

95% within time frames

Repair of Lift Stations

Repairs completed in accordance with industry standards and manufacturers recommendations and applicable standards

4.0 Quarterly

Inspection

95% Timely and

IAW PWS

Reports Submission of complete and accurate Reports IAW PWS

9.1 Quarterly

Inspection

99% Complete and Accurate

Customer satisfaction

Client Satisfaction Survey Random sampling and Customer complaints

95% Resolution (No unresolved complaints)

10.0 Other Contractor Responsibilities

The Contractor shall notify the Government when it is more economical to engage in a timely replacement program for equipment when the useful life cannot reasonably be prolonged of trouble free operations.

The Contractor is responsible for Quality Control (QC) so as to insure high quality, efficient and economical delivery of services.

11.0 Security Requirements

11.1 Access and General Protection/Security Policy and Procedures.

The contractor and all associated subcontractors’ employees shall comply with applicable ERDC installation, access and local security policies and procedures. Policies and procedures will be provided by the ERDC Security Office. The contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, and local policies. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

11.2 Onsite-Access.

The Government has the right to restrict on-site access to any contractor personnel who is identified as a potential threat to the health, safety, security, or operational mission of the Corps of Engineers.

11.3 For contractors who do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

12.0 Government Responsibilities

12.1 Quality Assurance.

The government will employee a Quality Assurance Surveillance Program (QASP) to insure that the Contractor is performing in accordance with requirements of this contract.

12.2 Records.

Record Drawing, Manufacturer’s Data and Catalogs. All existing record drawings, manufacturer’s data and catalogs for the lift stations will be made available to the Contractor upon request as required to perform the contract work. All records furnished by the Government to the Contractor shall be returned to the Government as soon as the need for these records ceases to exist or at the end of the contract period.

12.3 Utilities.

The Government will make available to the Contractor, from existing outlets and supplies, all power and water required in the performance of the Contractor’s work. Metering of the amount of power, gas, and water used by the Contractor shall not be required and the government shall be responsible for paying for these utilities.

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 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

1001 N/A N/A N/A N/A

1002 N/A N/A N/A N/A

2001 N/A N/A N/A N/A

2002 N/A N/A N/A N/A

3001 N/A N/A N/A N/A

3002 N/A N/A N/A N/A

4001 N/A N/A N/A N/A

4002 N/A N/A N/A N/A

Section H - Special Contract Requirements

52.000-4014

LOCAL CLAUSE 52.000-4014 MINIMUM REQUIRED INSURANCE

a. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE. Contractor shall comply with all applicable workmen's compensation Statutes of the State of Mississippi, and shall furnish evidence of Employer's Liability Insurance in an amount of not less than $100,000.

b. GENERAL LIABILITY INSURANCE. Bodily injury liability insurance in the minimum limits of $500,000 per occurrence on the comprehensive form of policy and property damage insurance of $20,000 per occurrence on the comprehensive form of policy.

c. AUTOMOBILE LIABILITY INSURANCE. Minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. This insurance shall be on the comprehensive form of policy and shall cover the operation of all automobiles used in the performance of the contract.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2015

52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-41 Service Contract Labor Standards MAY 2014 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

MAY 2014

52.222-50 Combating Trafficking in Persons MAR 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-7 Insurance--Liability To Third Persons MAR 1996 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-3 Alt I Protest After Award (Aug 1996) - Alternate I JUN 1985 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.243-1 Changes--Fixed Price AUG 1987 52.245-9 Use And Charges APR 2012 52.247-34 F.O.B. Destination NOV 1991 52.249-14 Excusable Delays APR 1984 52.252-6 Authorized Deviations In Clauses APR 1984 52.253-1 Computer Generated Forms 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 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7996 (Dev) Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements - Representation (Deviation 2016-O0003)

OCT 2015

252.203-7997 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003)

OCT 2015

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7006 Billing Instructions OCT 2005 252.204-7011 Alternative Line Item Structure SEP 2011 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.245-7004 Reporting, Reutilization, and Disposal MAR 2015 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAY 2015)

(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 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 Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub.

L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

_X___ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Oct 2001) of 52.219-9.

____ (iii) Alternate II (Oct 2001) of 52.219-9.

____ (iv) Alternate III (Oct 2015) of 52.219-9.

__…