Loren Data's SAM Daily™

SAMDAILY.US - ISSUE OF APRIL 23, 2023 SAM #7817
SOLICITATION NOTICE

J -- DLA Disposition Services Lewis MHE Maintenance and Repair Services

Notice Date

4/21/2023 5:50:55 AM
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

811310 — Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance
 

Contracting Office

DLA DISPOSITION SERVICES - EBS BATTLE CREEK MI 49037-3092 USA
 

ZIP Code

49037-3092
 

Solicitation Number

SP451023Q1035
 

Response Due

5/22/2023 12:00:00 PM
 

Archive Date

06/06/2023
 

Point of Contact

Jose Acevedo, Jacob S. Curtiss
 

E-Mail Address

jose.acevedo@dla.mil, Jacob.Curtiss@dla.mil
(jose.acevedo@dla.mil, Jacob.Curtiss@dla.mil)
 

Small Business Set-Aside

SBA Total Small Business Set-Aside (FAR 19.5)
 

Description

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is SP4510-23-Q-1035 and being issued as a request for quotation (RFQ). This solicitation and incorporated provisions and clauses are in effort through Federal Acquisition Circular 2023 - 01. See attached Performance Work Statement and applicable provisions and clauses. The NAICS code is 811310 with a size standard of $12,500,000.00 set aside 100% for Small Business and the requirement will result in one (1) 12-month base period of performance plus two (2)12-month option year periods of performance for a Firm Fixed Priced IDIQ contract. The total contract length shall not exceed three (3) years. Background: The primary mission of the Defense Logistics Agency (DLA) Disposition Services is to dispose of Department of Defense (DoD) excess and surplus property generated by the military services. This is accomplished through reutilization to other DoD activities, transfer to other Federal agencies, donation to authorized state and local organizations, sale to the public, or ultimate disposal through abandonment or destruction. DLA Disposition Services Headquarters is located in Battle Creek, Michigan, with a variety of field sites worldwide. DLA Disposition Services is responsible for managing the DoD Surplus Property Program. In order to accomplish this mission, DLA Disposition Services is seeking to have Preventative and Remedial Repair services on Material Handling Equipment (MHE) in accordance with the attached Performance Work Statement at DLA Disposition Services DSD West � Washington Region, Ft. Lewis. � This requirement is a Firm Fixed Priced Time and Material contract. Pricing must be Fixed Price for the entirety of services quoted for scheduled preventive maintenance services. Time and materials will only be used for unscheduled maintenance services. �Site locations are listed in Attachment 2 � Ft. Lewis Location. Offers are due at 3:00 PM Eastern Time (United States), on 22 May 2023. Email quotes to Jose.Acevedo@dla.mil and Jacob.Curtiss@dla.mil. Questions are due 8 May 2023 by 12:00 PM Eastern Time and must be submitted in writing via email to Jacob.Curtiss@dla.mil and Jose.Acevedo@dla.mil. Questions will not be answered via telephone. Questions that occur after the cut off, but are considered to be significant to the requirement, may be accepted and discussed only with those vendors that have submitted a quote. INSTRUCTIONS TO OFFERORS: Submit quotes by email to Jose.Acevedo@dla.mil and Jacob.Curtiss@dla.mil no later than the specified date and time.� Attention should be noted to FAR 52.212-1(f), concerning late submissions. �The offeror bears the risk of non- receipt of any email transmissions and should ensure that all pages of the quote have been received by the designated office before the deadline indicated.� Email submissions by 5:00 pm Est. one business day prior to the due date and time are encouraged to reduce the possibility of server or other cyber-related delays that may render your response as ineligible for consideration. Offerors shall provide the applicable CAGE code and UEI number with their price submission. The information located in FAR 52.212-3 ALT 1 (Offerors Representations and Certifications) must be current on SAM.gov at the time of quote submission. Site Visits are not being supported for this action in advance of the response deadline. EVALUATION: FAR 52.212-01: Quote SUBMISSION (FORMAT AND CONTENT): The following describes the information that must be furnished as part of the quote and the format which must be presented. Quotes which do not provide the required information in the prescribed format at the time of initial submittal may be excluded from further consideration. Offers are strongly encouraged to read Provision FAR 52.212-1, �INSTRUCTIONS TO OFFERORS � COMMERCIAL ITEMS�. FORMAT: The offeror shall submit documentation (one original electronic form, standard Microsoft based Word and / or Excel, and or .PDF files) in response to this solicitation subject to the requirements in this provision. QUOTE SUBMISSION: The following describes the information which must be furnished as part of the quote and the format in which it must be presented. Quotes which do not provide the required information in the prescribed format shall be excluded from further consideration. Offerors shall return a filled-out Price Scheduled, Attachment 3 Price Schedule Lewis. A quote received without filling in all parts of the attachment will not be considered for an award. All quotes shall be valid for 90 calendar days. FORMAT: Quotes shall be submitted in distinctly severable parts consisting of the following volumes: Volume 1 and Volume 2. Quote submissions will consist of one original if submitted by facsimile or electronically; an original and two copies if submitted by mail. If multiple electronic files are submitted, each electronic file shall identify it as part of Volume 1 or 2. Any information submitted in an electronic file that does not include volume identification in its name or upon opening, shall not be considered in any evaluation being performed under FAR 52.212-2. VOLUME 1: For Volume 1, Section I, in accordance with FAR 52.212-1(b) Submission of offers, each company providing a quote will submit a signed and dated offer that will consist of FAR 52.212-1(b)(1) thru 52.212-1(b)(11) except FAR 52.212-1(b)(10) Past Performance Information. FAR 52.212-1(b)(10) information shall be in Volume 2. Volume 1,Section II requires each offeror to submit a filled out price schedule (Attachment 3). VOLUME 2: Past Performance Questionnaire. Emailed quotes are to be sent to Jose.Acevedo@dla.mil and Jacob.Curtiss@dla.mil � Past Performance Questionnaire: The offeror is required to provide any current relevant information regarding the level of performance, in terms of delivery and quality achieved under either US Government or commercial contracts for the same or similar services within the last five (5) years. The information provided should support a qualitative review of the offeror; and/or; record of performance in the areas of conforming to specifications, adherence to contract schedules, history of reasonable and cooperative behavior, commitment to customer satisfaction, and business-like concern for the interest of your customer. Additionally, if performance deficiencies were identified, what they were and what corrective action was taken. Offerors shall submit past performance data for either the firm; and/or principal subcontractor(s); and/or key employees of the firm. For each reference provided, a valid name and telephone number, contract number, contract type, dollar value, contract award and completion dates, point of contact, description of worked performed, and e-mail address of point of contact is required. The description of work performed shall be in sufficient detail to explain how each reference relates to same or similar requirements of the instant solicitation in areas such as type of equipment maintained, performance timeframes, performance locations, managing a similar size workforce, and complexities of services (to determine the relevancy of the work). If the offeror elects to provide principal subcontractor past performance, the offeror shall provide the principal subcontractors� consent allowing the US Government to disclose negative past performance information to the offeror. Reference projects and corresponding reference questionnaires are limited to three (3) projects considered by the offeror to be the most relevant to the requirements of this solicitation. If more than three projects with reference questionnaires are received, the US Government will consider the first three projects received based upon the date and time the reference questionnaire are received. Attachment 6 contains a past performance questionnaire that is used to evaluate an offeror�s past performance. The offeror shall provide the past performance questionnaire in Attachment 6 to the past performance reference they identify in this part of the quotes for the offeror, principal subcontractors and key personnel. The past performance reference shall independently submit the survey to the Contracting Officer prior to the closing date of the solicitation. Any completed past performance questionnaire received after closing date and time of this combined synopsis/solicitation or directly from the offeror will not be considered in the past performance evaluation. The US Government will not evaluate a reference listed in the past performance Volume 2 if no corresponding past performance questionnaire is received from a reference for that contract. This will have the effect of the offeror being given a Neutral rating for that portion of their overall evaluation, regardless of the type of experience or its similarity to this requirement. Past performance questionnaires must be received by the due date for receipt of quotes in order for the information to be considered. Offerors are cautioned that due to mail delivery times to the U.S., it is highly recommended that all contract references being asked to provide surveys be asked to scan the documents in Adobe .pdf format and email it to jacob.curtiss@dla.mil and jose.acevedo@dla.mil with a reference to the solicitation, SP451023Q1035 in the subject heading. The submission of volume 2 past performance is required. If an offeror does not have any past performance references, offerors must at least identify a Volume 2 in their quote and state they do not have any past performance to provide. If the US Government only receives a past performance questionnaire from a past performance reference and there is no information in an offeror�s quotes regarding that reference (see paragraph above), the reference will not be considered. The offeror is responsible for ensuring references submit past performance questionnaire; the US Government will not be contacting references for purposes of obtaining the questionnaire. ADDENDUM TO 52.212-2 EVALUATION � COMMERCIAL ITEMS Evaluation Factors For Award: Trade-Off Process. Award shall be made to the responsible offeror whose quote conforms to the solicitation and is determined to be the most advantageous to the Government, past performance and price considered. The offer selected as best value will represent the best trade-off to the Government among past performance and price. Past performance will be significantly more important than price. The Government will determine best value on the basis of an assessment of the following factors: 1. Past Performance factor: The Government will evaluate past performance in accordance with the past performance questionnaire and evaluation clause in this combined synopsis/solicitation. 2. Price Factor: The Government will evaluate the offered prices for price reasonableness in accordance with the requirements of FAR 15.404-1 Evaluation of Past Performance: Except under the circumstances notes in this combined synopsis/solicitation paragraph titled Efficiency in Competition, the US Government will evaluate the quality of the offeror�s past performance. The assessment of the offeror�s past performance will be used as a means of evaluating the probability of success of the offeror. Thus, an offeror with a higher confidence assessment rating for past performance will have a higher probability of meeting the solicitation requirements than a firm with a lower confidence assessment rating. In investigating an offeror�s past performance, the US Government may consider information in the offeror�s quotes and information obtained from other sources, including past and present customers and their employees, other US Government agencies, including state and local agencies, consumer protection organizations and better business bureaus; former subcontractors; and others who may have useful information. Failure by the offeror to provide evidence of relevant performance on contracts of a similar nature in terms of performance timeframes and complexities of services provided will be considered by the US Government to have no relevant past performance. The offeror is responsible for ensuring references submit past performance surveys; the offeror�s reference must submit the past performance survey. The US Government will not accept past performance surveys submitted by the offeror or contact offeror references to obtain a completed survey. The US Government will evaluate past performance and experience in accordance with submission requirements of the solicitation. Evaluation of past performance will be a subjective assessment based on a consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptable performance. The US Government is seeking to determine whether the offeror has consistently demonstrated a commitment to customer satisfaction and timely delivery of services. This is a matter of judgment. Offerors will be given an opportunity to address especially unfavorable reports of past performance, and the offeror�s response, or lack thereof, will be taken into consideration. Offerors lacking relevant past performance will not receive negative or positive consideration in the evaluation of this element as no meaningful confidence assessment rating can be reasonably assigned. Past performance will be rated on an adjectival scale. The US Government�s conclusions about the overall quality of the offeror�s past performance and experience will be a factor in determining the relative merits of the offeror�s quotes and in selecting the offeror whose quote is considered the most advantageous to the US Government. By past performance, the US Government means how well the offeror conformed to specifications and to standards of good workmanship; the offeror�s adherence to contract schedules, including the administrative aspects of performance; the offeror�s history of reasonable and cooperative behavior and commitment to customer satisfaction; and the offeror�s business-like concern for the interests of the customer. By experience, the US Government means whether a contractor�s firm, principal subcontractor, or key personnel has performed similar work before. DLA Disposition Services will also consider the offeror�s past performance and experience on the same or similar contracts in terms of complexities of the services provided. Offerors with no past performance will be issued a Neutral rating for past performance. Evaluation of Price: The offered price will be used in conjunction with the other factors to determine the quote, which represents the best value to the US Government. Price will not be numerically scored, but it will be fully evaluated using price analysis techniques. Minimum/maximum for the base period is $2,500.00 and a maximum value of 125% above the total estimated value for the period.� No minimum is guaranteed for the option periods. The following provisions and clauses are applicable to this solicitation: The provisions at 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. See attached applicable clauses for quote instructions. Offers should include a complete copy of the provision at 52.212-3 ALT 1, Offeror Representations and Certifications - Commercial Items, with its offer. See applicable clauses. The clause 52.212-4 Contract Terms and Conditions�Commercial Products and Commercial Services. The clause 52.212-4 Alt 1, Contract Terms and Conditions - Commercial Items, applies to this acquisition. 52.212-4�Contract Terms and Conditions�Commercial Products and Commercial Services. As prescribed in�12.301(b)(3), insert the following clause: Contract Terms and Conditions�Commercial Products�and�Commercial Services�(Nov 2021) (a)�Inspection/Acceptance. The Contractor�shall�only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any�supplies�or services that have been tendered for acceptance. The Government�may�require repair or replacement of nonconforming�supplies�or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government�may�seek an equitable price reduction or adequate consideration for acceptance of nonconforming�supplies�or services. The Government�must�exercise its post-acceptance rights- (1)�Within a reasonable time after the defect was discovered or�should�have been discovered; and (2)�Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b)�Assignment. The Contractor or its assignee�may�assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the�Assignment of Claims�Act (�31�U.S.C.�3727). However, when a third party makes payment (e.g.,�use of the Governmentwide commercial purchase card), the Contractor�may�not assign its rights to receive payment under this contract. (c)�Changes. Changes in the terms and conditions of this contract�may�be made only by written agreement of the parties. (d)�Disputes. This contract is subject to�41�U.S.C.�chapter�71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment,�claim, appeal or action arising under or relating to this contract�shall�be a dispute to be resolved in accordance with the clause at Federal�Acquisition�Regulation (FAR)�52.233-1, Disputes, which is incorporated herein by reference. The Contractor�shall�proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e)�Definitions. The clause at FAR�52.202-1, Definitions, is incorporated herein by reference. (f)�Excusable delays. The Contractor�shall�be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor�shall�notify the�Contracting Officer�in writing�as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith,�shall�remedy such occurrence with all reasonable dispatch, and�shall�promptly give written notice to the�Contracting Officer�of the cessation of such occurrence. (g)�Invoice. (1)�The Contractor�shall�submit an original�invoice�and three copies (or electronic�invoice, if authorized) to the address designated in the contract to receive�invoices. An�invoice�must�include- (i)�Name and address of the Contractor; (ii)�Invoice�date and number; (iii)�Contract number,�line item number�and, if applicable, the order number; �(iv)�Description, quantity, unit of measure, unit price and extended price of the items delivered; �(v)�Shipping number and date of�shipment, including the bill of lading number and weight of�shipment�if shipped on Government bill of lading; �(vi)�Terms of any discount for prompt payment offered; �(vii)�Name and address of official to whom payment is to be sent; �(viii)�Name, title, and phone number of person to notify in event of defective�invoice; and �(ix)�Taxpayer Identification Number (TIN). The Contractor�shall�include its�TIN�on the�invoice�only if required elsewhere in this contract. �(x)�Electronic funds transfer (EFT) banking information. �(A)�The Contractor�shall�include�EFT�banking information on the�invoice�only if required elsewhere in this contract. (B)�If�EFT�banking information is not required to be on the�invoice, in order for the�invoice�to be a�proper invoice, the Contractor�shall�have submitted correct�EFT�banking information in accordance with the applicable�solicitation�provision,�contract clause�(e.g.,�52.232-33, Payment by�Electronic Funds Transfer-System for Award Management, or�52.232-34, Payment by�Electronic Funds Transfer-Other Than�System for Award Management), or applicable agency procedures. (C)�EFT�banking information is not required if the Government waived the requirement to pay by�EFT. (2)�Invoices�will be handled in accordance with the Prompt Payment Act (�31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at�5 CFR Part 1315. (h)�Patent indemnity. The Contractor�shall�indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any�United States�or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such�claims�and proceedings. (i)�Payment.- (1)�Items accepted. Payment�shall�be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2)�Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (�31 U.S.C.3903) and prompt payment regulations at�5 CFR Part 1315. (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 FAR�32.608-2�in effect on the date of this contract. � (j)�Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the�supplies�provided under this contract�shall�remain with the Contractor until, and�shall�pass to the Government upon: �(1)�Delivery of the�supplies�to a carrier, if transportation is f.o.b. origin; or �(2)�Delivery of the�supplies�to the Government at the destination specified in the contract, if transportation is f.o.b. destination. �(k)�Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. �(l)�Termination for the Government�s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor�shall�immediately stop all work hereunder and�shall�immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor�shall�be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor�shall�not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor�s records. The Contractor�shall�not be paid for any work performed or costs incurred which reasonably could have been avoided. (m)�Termination for cause. The Government�may�terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. 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. (9)�The specification. (t)�[Reserved] (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) Alternate�I�(Nov 2021). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause. (a)�Inspection/Acceptance.�(1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government�may�also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform�inspections�and tests in a manner that will not unduly delay the work. (2) If the Government performs�inspection�or tests on the premises of the Contractor or a subcontractor, the Contractor�shall�furnish an...
 

Web Link

SAM.gov Permalink
(https://sam.gov/opp/4fa354f9a9db4ada87d650e4c9e3b6f6/view)
 

Place of Performance

Address: Joint Base Lewis McChord, WA 98433, USA

Zip Code: 98433

Country: USA
 

Record

SN06658759-F 20230423/230421230107 (samdaily.us)
 

Source

SAM.gov Link to This Notice
(may not be valid after Archive Date)

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