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SECTION H
SPECIAL CONTRACT REQUIREMENTS
H.1 Maximum Program Ceiling
There is not an individual Contract ceiling. Instead, there is a Contract Program maximum of $15 billion over the life of all Contracts under the 8(a) FAST 2 GWAC. As an Order is issued against a Contract, the value of Orders that can be issued under all Contracts decreases by an equal amount.
H.2 Hold Harmless and Indemnification Agreement
The Contractor shall save and hold harmless and indemnify the Government against any and all liability, claims, and costs of whatever, kind and nature to include injury to or death of any person or persons and for loss or damage to any property occurring in connection with, or in any way under the terms of this contract, resulting in whole or in part from the negligent act or omissions of the Contractor.
H.3 Government Liability
The Government shall not be liable for any injury to the Contractor's personnel or damage to the Contractor's property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to another Federal statutory authority.
H.4 Government Furnished Items (GFI)
Government furnished items (GFI), if any, will be identified in individuals Orders, as appropriate. All GFI are furnished "as is".
H.4.1 Transportation of Government Furnished Items
The Contractor shall be responsible for transporting all GFI between the Government site(s) and the Contractor's place of performance. Pickup and delivery of all materials shall be in accordance with the schedule defined for each specific requirement.
H.4.2 Handling of Government Furnished Items
The Contractor shall protect from unauthorized disclosure any materials or information made available by the Government, or that the Contractor has access to by virtue of the provisions of this contract, that are not intended for public disclosure.
The material and information made available to the Contractor by the Government, or that the Contractor comes into contact with in completing this contract, are the exclusive property of the Government. Any information or materials developed by the Contractor in performance of this contract are also the exclusive property of the Government. Upon completion or termination of this contract, the Contractor shall turn over to the Government all materials (copies included) that were furnished to the Contractor by the Government and all materials that were developed by the Contractor in the performance of this contract.
H.5 Government Facility Access & Availability
FAR provision 52.237-1 Site Visit (APR 1984) APPLIES TO EACH AND EVERY RFQ/ORDER ISSUED REGARDLESS IF IT IS CITED THERE OR NOT (it is a provision, and it usually applies only at the solicitation level, but it also applies to RFQs/Orders issued under the Contract.) Contractors uncertain of conditions for performance are instructed to inquire regarding means of premises ingress/egress, security requirements, delivery/demurrage, storage, use of approaches, use of corridors, use of stairways, use of elevators, Government furnished space/property/equipment, availability of/access to Government facilities on federal holidays, and similar matters prior to submission of a quotation.
During all operations on Government premises, the Contractor's personnel shall comply with the rules and regulations governing the conduct of personnel and the operation of the facility.
H.6 Government Rights to Inspection
The Government, through its authorized representative, has the right, at all reasonable times, to inspect, or otherwise evaluate the work performed, or being performed, hereunder and shall notify the Contractor of unsatisfactory performance. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work.
It will be the responsibility of the Client Representative to ensure that adequate records of the inspection or evaluation are kept to support acceptance or rejection of work performed or being performed.
Acceptance will be made by the Client Representative or designated representative(s); the contracting officer, if necessary, will make rejections.
H.7 Alternate Dispute Resolution
Alternate Dispute Resolution (ADR) procedures increase the opportunity for relatively inexpensive and expeditious resolution of issues in controversy. These procedures may be used at any time that the Contracting Officer has authority to resolve the issue in controversy. If the Contractor submits a claim, ADR procedures may be applied to all or part of the claim. The Contractor must certify its claim in accordance with FAR 33.207. When ADR procedures are used after the issuance of a Contracting Officer's final decision, the time limitations or procedural requirements for filing an appeal of the Contracting Officer's final decision are not altered.
H.8 Contractor Past Performance Questionnaires
In order for GSA to effectively evaluate contractor past performance, the "Past Performance Questionnaire", Attachment 5, Section J, will be utilized during the pre-award phase of this procurement. During the post-award phase of this procurement, GSA client agencies will be asked to complete a past performance questionnaire for each order issued under these contracts. Questionnaires, if required, will be submitted after completion of delivery of supplies/services. Upon completion of every task order, the contractor shall provide to the Government PCO(s) client agency contact information in order to facilitate obtaining past performance data. Contractor cooperation in supplying the required information will be taken into consideration when exercising option periods.
H.9 Travel
All travel must be specified in the order issued. The cost of transportation, lodging, subsistence and incidental expenses (per diem) incurred by contractor personnel when requested to travel in the performance of an order shall comply with the limitations as set forth in FAR 31.205-46. Travel costs must be consistent with and limited to the approved Government travel regulations (Federal Travel Regulations (FTR) for civilian agency work, Joint Travel Regulations (JTR) for military agency work).
H.10 Cancellation of Orders
The contractor shall honor orders for services for the period of time specified or the estimated dollar value, whichever expires first, stated in the order. Services delivered in excess of those authorized by the order may not be paid for by the Government. Where the requirement for services is discontinued, transferred or otherwise changed, or canceled for convenience, the Government may cancel the order prior to expiration of the specified time or estimated dollar value upon thirty (30) days written notice to the contractor. If an order is canceled, the Government shall be liable only for payment of acceptable services rendered before the effective date of the cancellation.
H.11 Security Clearances
From time to time there may be opportunities for work requiring security clearances. RFQs will contain security clearance requirements, if any, and quoters must meet those requirements by the deadline for receipt of quotations unless a different standard is established in the RFQ, or they will be considered unacceptable. Pricing of obtaining security clearances must be included in the ceiling rates proposed in Section B.
H.12 Technical Refreshment
After contract award, the Government may, pursuant to the FAR Clause 52.243-1, Changes - Fixed Price, Alternate II or FAR Clause 52.243-3, Changes - Time and Materials or Labor Hours, order changes within the scope of the contract. These changes may be required to improve performance, or react to changes in technology.
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