Natural Gas Utility Service

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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. This solicitation is being issued as a Request for Quote under the number RFQP01171000015. This solicitation document, incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-44. Upon request, the Contracting Officer (CO) will make their full text version available. Also, the full text version may be accessed electronically at: www.acquisition.gov/far. This action is unrestricted. The North American Industrial Classification System (NAICS) Code is 221210 - Natural Gas Distribution and the Small Business Size Standard is - a firm is small if, the average employment is less than 500 employees.' SECTION 2.A: SCHEDULE OF ITEMS - NATURAL GAS UTILITY SERVICES 2.A.1. PRICING METHODOLOGY: The Federal Bureau of Prisons (FBOP), Field Acquisition Office (FAO) working to satisfy the acquisition needs of the United States Penitentiary (USP) Lee, Pennington Gap, Virginia, intends to make a single award to a contractor who shall provide natural gas utility services upon request by the institution as detailed in the Statement of Requirements. The pricing includes all associated charges to the Government for providing the services required by this solicitation/contract (e.g., labor, material, tools, equipment, incidentals, insurance, overhead, profit, minimum wages, allowance for contingencies, etc.). The quantity of service and supply to be provided by the contractor that are estimated in the Schedule are best estimates of the Government's anticipated usage. These estimates are not a representation to a offeror or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. Contract performance shall be accomplished in accordance with the terms and conditions of this contract. 2.A.2. ORDERING OFFICIAL: In accordance with FAR 52.216-18, request for services will be made via issuance of individual delivery orders. Delivery orders may be issued only by the Contracting Officer (CO), Administrative Contracting Officer (ACO), or an ordering official for the institution with an appropriate certificate of appointment. 2.A.3. CONTRACT PRICING: As used throughout this contract, Dth means dekatherm. The contract rate for these services shall be on a per Dth used and a total amount due. Prices indicated hereunder shall be all inclusive and must include all applicable interstate/intrastate pipeline fuel loss, costs for nominations, marketer fee/profit, pooling, balancing, and storage unless indicated otherwise within the Schedule. Pricing shall not include fuel loss on the local natural gas distribution company (NGDC) system unless indicated in the Schedule. Additionally, the pricing shall not include any Gross Receipts Tax or similar tax for which the Government may be liable. If applicable, these taxes would be paid by the Government as a separate line item on the invoice. Orders, where necessary, may be issued in writing, orally, or by written telecommunications. 2.A.4. GENERAL REQUIREMENTS: It is the desire of the U.S. Federal Government to secure the lowest cost for natural gas supply and the transportation of such natural gas to the Federal facility utilizing the most direct pipeline served by the local NGDC. Therefore, the FBOP, FAO, Grand Prairie, Texas, intends to award a firm-fixed price requirements type contract for the provision of natural gas utility services which meets the requirements outlined in this statement of requirements. General information regarding the FBOP and its facilities is located at www.bop.gov. SECTION 2.B: STATEMENT OF REQUIREMENTS -- NATURAL GAS UTILITY SERVICES 2.B.1. PLACE OF PERFORMANCE: Contract services will be provided to USP Lee, Lee County Industrial Park, Hickory Flats Road, Pennington Gap, VA 24277. USP Lee is a High security facility with an adjacent Minimum security prison camp located in Southwest Virginia. This site is located on approximately 288 acres which includes the various components of institution operations including the high security institution, camp, training center, warehouse and other small facilities. The facilities are designed to house approximately 1550 inmates. 2.B.2. REQUIRED SERVICES: Natural Gas Utility Service Requirements - The Federal Government has a present and continuing requirement for natural gas utility service for the proper operation of the facility. The contractor shall provide to the Government facility at USP Lee, natural gas service in a manner and form that is consistent with: a) All applicable laws, rules, codes, industry standards, permits, and regulations, promulgated by any and all Governmental authorities having jurisdiction, and b) The facility's service requirements. Estimated service requirements are: Estimated maximum hourly usage: 55,000 CFH; Estimated maximum daily usage: 280,000 CF; Estimated connected load: 45,000 CFH; Estimated Service Preasure: 30 psi; Estimated annual service requirements: 70,000 Mcf 1) Annual service requirements include interruptible and firm gas service. The estimated annual service breakdown includes 55,000 Mcf of interruptible and 15,000 Mcf of firm natural gas service. These estimates may be further defined and revised by USP Lee. The estimate, by month and of the annual gas consumption for a typical year are shown above. The usage amounts shown are estimates only and do not constitute a Government usage guarantee. The reasonably accurate estimated quantity is based on the best information available. Due to contingencies, the information is subject to modification and is in no way binding on the Government. 2) The point of delivery for the natural gas supplied shall be at the facility main gas meter(s). The meter(s) and gas regulator(s) shall be of a type to record and distinguish the quantity of natural gas consumed by the facility. The contractor shall maintain pressure downstream of the point of delivery of around 2 psig meter preasure. Natural gas delivered shall conform to quality standards specified in the effective gas sales agreement approved by the governing regulatory body. Unless otherwise indicated, natural gas delivered shall be in a commercially acceptable form, reasonably free of contaminants and of pipeline quality. The contractor is solely responsible for the quality of gas upstream of the city gate. Measurement, testing, heating value, delivery pressure, and quality of natural gas supply delivered shall be in accordance with the applicable interstate/intrastate pipeline specifications. The facility shall not be obligated to purchase natural gas that either the NGDC or the interstate pipeline has refused to accept due to nonconformance with its specifications. The contractor shall furnish all labor, materials, tools, equipment, and incidentals to supply and deliver direct supply natural gas to the NGDC city gate. A. Shall not contain more than 100 kg/Mm3 (7 lb./MMcf) of water vapor; B. Shall not contain more than 2.3 g/m3 (1 grain/ccf) of hydrogen sulfide as determined by quantitative tests after the presence of hydrogen sulfide has been indicated by qualitative test; C. Shall not contain more than 6 mg/m3 (20 grains/ccf) of total sulfur; D. Shall not contain in excess of three percent (3%) by volume of carbon dioxide or four percent (4%) by volume of total inert gases; E. Shall not contain in excess of one percent (1%) by volume of oxygen; F. Shall not contain in excess of 3 L/100m3 (0.2 gal/Mcf) of those certain liquefiable hydrocarbons commonly referred to as natural gasoline; G. Shall not exceed 311 K (100 degrees F) in temperature at the point of delivery; H. Shall be reasonably free of any objectionable material including dust, gums, or gum-forming constituents; I. Shall be commercially free of water and hydrocarbons in liquid form at the temperature and pressure at which the gas is delivered; and J. Shall have a delivered heating value (lower heating value or LHV) of no lower than 950 Btu/cf. (In English measurement, for the purposes of this contract, one "Btu" is defined as the amount of heat required to raise the temperature of one pound of water one degree Fahrenheit at standard atmospheric pressure.) c) Natural Gas utility service shall be provided by the Contractor in accordance with this Statement of Requirements. d) Material change. The contractor shall use reasonable diligence to provide a constant and uninterrupted supply of natural gas hereunder. Firm service shall be available for equipment pilot lights, laundry and food service equipment. The facility point of contact will promptly notify the contractor and the CO of any boiler shutdowns, furnace outages, and additions, maintenance of equipment, or compliance with Presidential Directives, Executive Orders, and Public Laws and Regulations that may impact the facility historical usage by more than 25% (a "material change"). Additionally, a material change cannot be caused by increases or decreases in operating hours caused by fluctuations in the weather. If the facility properly notifies the contractor of any material change, contractor will pay any penalties imposed by the facilities NGDC. If the facility fails to notify the contractor of a material change, the facility shall pay all penalties imposed by the facility NGDC. 2.B.3. CHANGES AND MODIFICATIONS: a) The CO/ACO, subject to the limitations set forth, may at any time by written order, make any change in work within the general scope of the contract, whenever the CO/ACO determines such change to be in the best interest of the FBOP. b) If any changes, deletion, or addition causes an increase or decrease in the estimated costs of, or the time required for, the performance of any part of the work under this contract, shall be accomplished with the issuance of a SF30. c) Any claim by the contractor for adjustment must be asserted within sixty (60) days from the date of receipt by the contractor of the modification or change; provided, however, that the CO/ACO may decide that the facts justify such action. d) The requirements of FAR Clause 52.212-4 (d), Disputes, are supplemented to provide that matters involving the interpretation of retail rates, rate schedules, tariffs, riders, and tariff related terms provided under this contract, and conditions of service, are subject to the jurisdiction and regulation of the Commonwealth of Virginia, State Corporation Commission (VSCC). 2.B.4. INVOICES AND PAYMENT FOR UTILITY SERVICES: a) Invoices for payment shall be prepared and submitted in standard form. All invoices shall contain such data as may be required to substantiate the billing, including statements of the actual meter readings at the beginning and the end of the billing period, meter constants, unit cost, total consumption during billing period, name of installation, and/or delivery points to include account name, account number and meter number. All postage and fees related to submitting information including forms, reports, etc. to the Government shall be paid by the contractor. Unless otherwise directed by the Government or this contract, all items shall be preserved, packaged, and packed in accordance with normal commercial practices. Additional, billing information may, at the discretion of the contractor, be supplied upon the written request of the FBOP. Invoices for service shall be rendered for payment by the contractor to: United States Penitentiary Lee P.O. Box 900 Jonesville, VA 24263 Attn: Accounting b) Generally, as a Federal agency, purchases made by the FBOP are immune or exempt from any State and local taxation which are incident on the consumer alone (i.e., sales tax, state tax, excise tax). The FBOP shall, however, pay a gross receipts tax or a tax comprising a franchise fee required of the contractor by the local (City) Government, if such tax is specified in the contractor's rates, tariffs, rules and regulations. c) Payment of all bills for services rendered under this contract shall be paid in accordance with the Payment provisions in the currently effective Rate Schedule and terms applicable to the service being supplied to USP Lee, or the effective superseding schedule as regulated by a board of appointed officials. The FBOP shall be entitled to any discounts provided for in the applicable utility rates, terms and conditions, or customarily applicable to payment of bills by any similar customer of the contractor. USP Lee shall be responsible for payment of utility service charges rendered and shall be responsible for the day-to-day administration of this contract. d) Payments for utility services shall not be made in advance of services rendered. Currently, the contractor's rate schedule states that bills are due 30 days from the date of mailing or delivery. However, to avoid possible late fees or other charges payment may be made by the due date stated on the invoice. Any changes in the contractor's rate schedule provisions for the payment of bills shall be incorporated into this contract by modification. e) Each payment made to the contractor for utility service shall include the contractor's account number and dollar amount assigned to the account for the specific payment. All payments will be made by electronic funds transfer. Any banking information changes will need to be reported to USP Lee and to the Central Contractor Registration (CCR) database immediately. For more information, refer to FAR clause 52.212-4 Contract Terms and Conditions - Commercial Items. f) For purposes of charges under this contract, any excessive demands due to faulty operation of the contractor's system shall not be included as part of the FBOP's demand. The contractor shall be solely responsible for any necessary maintenance and calibration of any meter(s) installed. g) Nothing herein contained shall be construed as binding the FBOP to expend, in any one fiscal year, any sum in excess of the appropriation made by Congress for that fiscal year in furtherance of the subject matter of this contract, or involve the FBOP in any contract or other obligation for the further expenditure of money in excess of such appropriation, in accordance with the Anti-Deficiency Act (31 U.S.C. 1341 (a)(1)(A)). 2.B.5. MISCELLANEOUS: a) Liability: The FBOP shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use or operation of the contractor's facilities or the action of the contractor, its employees or agents in performing under this contract, provided that the damage or injury to person or property was not a result of any act or failure to act on the part of the FBOP, its employees or agents; provided further that the contractor shall not be liable for the action of the FBOP, its employees or agents. b) Force Majeure: Events not reasonably anticipated or within the control of the claiming party. Neither the FBOP nor the contractor shall be considered to be in default with respect to any obligations under this contract by reason of uncontrollable forces. The term "uncontrollable forces" being deemed, for the purposes of this contract, to mean any cause beyond the control of the party affected, including but not limited to failure of facilities, flood, earthquake, storm lightning, fire, pandemic influenza, epidemic, war, riot, civil disturbance, labor disturbance, acts of public enemy, sabotage, other national emergency, restraint by a court of public authority, actions of Governments or regulatory bodies, future changes in laws, rules, regulations, utility practices, or distribution failure, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. In no event shall the economic hardship of either party constitute a Force Majeure condition. The following conditions, by themselves, shall not constitute a Force Majeure condition: inability of the contractor to obtain transportation or the event of higher actual costs than contracted costs to the contractor. c) Communication: All communications between the Contractor and the FBOP relating to the terms of this contract after notification of award shall be conducted through the Contract Administration Office (CAO). MAILING ADDRESS OF THE CAO IS: Federal Bureau of Prisons, USP Lee, P.O. Box 900, Jonesville, VA 24247 Phone: +1 (555) 000-0000 Fax: +1 (555) 000-0000 Attn: Contracting Office d) Ordinance: Provided that this contract is executed pursuant to the authority of the contractor and may be modified, amended, or repealed as provided for by law; and further, where any provision(s) of this contract are in conflict with the Natural Gas Rate Schedule on file, as amended; or any subsequently enacted rate, the rate schedule then in effect shall prevail, provided that the above is not contrary to Federal Law. e) Access to Service Location: The FBOP herby grants to the contractor, free of any rental or similar charge, but subject to the limitations and terms specified in this contract, a revocable right of access to enter the Service Location for any proper purpose under this contract including use of site or sites agreed upon by the parties for the installation, operation, and maintenance of the facilities of the contractor. Authorized representatives of the contractor shall, when properly identified, be allowed access to the facilities of the FBOP at reasonable and suitable times to perform the obligations of contractor with respect to such facilities (e.g., reading meter(s), making repairs, performing inspections, or for any other purpose incident to the services). It is expressly understood, however, that proper FBOP authority may limit or restrict the right to access herein granted in the manner considered by such authority to be necessary for the security of USP Lee. f) For a minimum period of performance from date of award for this contract through a maximum period not to exceed 10 years from effective date of award, the utility provider shall provide natural gas utility service to USP Lee. The Government agrees to the terms and conditions of this agreement and shall reserve the right to evaluate the rates, terms and conditions with 60 days advance notification to the contractor, terminate the natural gas portion of this contract. The Federal Government shall be held harmless from all claims, demands, losses, or damages costs of any kind or nature resulting from said termination. g) Contractor will utilize software to provide the provisions of goods and services under this agreement that shall have capacity to process date/time data (including, but not limited to calculating, comparing, and sequencing) for the term of this contract. 2.B.6. PERFORMANCE SCHEDULE: The contractor shall perform all services as described in this Statement of Requirements, 24 hours a day, seven days a week, and as required to meet all requirements. 2.B.7. METERS AND METERING: The meter(s) shall be used to record usage for billing purposes. All existing meters shall be tested annually for accuracy. Any meter which registers within plus or minus two percent (2%) of normal shall be deemed correct. The Government reserves the right to request that a special meter test be made at any time. If any test made at the Government's request discloses that the meter tested is registering within plus or minus 2% of normal, the Government shall bear the expense of such test, otherwise, the expense of such test(s) shall be borne by the contractor and the meter will be repaired or replaced by the contractor as expeditiously as possible. The contractor shall provide the FBOP with actual meter reads, taken at the same time each month (preferred on the 1st of each month). No estimated meter reads will be accepted. In the event any meter fails to register or registers incorrectly, the parties, after considering all the evidence available from the contractor's and Government's records, shall agree upon the length of period during which such meter failed to register or registered incorrectly and the quantity of services delivered through the meter during such period. Upon reaching agreement, an adjustment shall be made to the Government's bills. 2.B.8. LOAD REDUCTION: The Federal Government will not be penalized in any way for pursuing energy conservation projects that reduce all utility load requirements. 2.B.9. ENERGY CONSERVATION MEASURE: The Energy Policy Act of 1992, recent Executive Orders, and Presidential Directives require Federal agencies to meet a number of energy and water management goals, among other requirements. The Federal Energy Management Program (FEMP) supports two methods of project financing: Utility Energy Service Contracts (UESCs) and Super Energy Savings Performance Contracts (Super ESPCs). Implemented energy projects save energy, taxpayer dollars and contribute to a cleaner and safer environment. a) The term Energy Conservation Measure (ECM) means any specific energy related or water service intended to provide energy savings and/or demand reduction in Federal facilities. b) The term Energy Management Service (EMS) means any project that reduces and/or manages energy demand in a facility as well as energy audits and any ancillary services necessary to ensure the proper operation of the energy conservation measure. Such measures include, but are not limited to, operating, maintenance and commissioning services (Energy Conservation Measure and Demand Side Management Measure are considered equivalent terms). To be considered an EMS measure, the measure must satisfy all of the following requirements: 1) The EMS measure must produce measurable energy reductions or measurable amounts of controlled energy and/or water use; 2) The EMS measure must be directly related to the use of energy or directly control the use of energy or water; 3) The preponderance of work covered by the EMS measure (measured in dollars) must be for items 1 and 2 above; and 4) The EMS measure must be an improvement to real property or any action that is necessary to ensure the functionality of the EMS measure. 2.B.10. RENEWABLE ENERGY REQUIREMENT of EPAct 2005 and Executive Order 13423: The authority for this requirement is based on Section 203, FEDERAL PURCHASE REQUIREMENT of the Energy Policy Act of 2005 (42 U.S.C. 15852) and Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management (72 FR 3919; January 24, 2007), and the instructions and guidance distributed by the Chairman of the Council for Environmental Quality for the implementation of the Executive Order. Energy Policy Act of 2005: ("EPACT 2005;" Pub. L. 109-58) requires, in part, that the President, acting through the Secretary of Energy, shall seek to ensure that, to the extent economically feasible and technically practicable, of the total amount of electric energy the Federal government consumes during any fiscal year, the following amounts shall be renewable energy: a) Not less than 5 percent in fiscal years 2010 through 2012 b) Not less than 7.5 percent in fiscal year 2013 and each fiscal year thereafter Executive Order (EO) 13423 requires that agencies: Ensure that (i) at least half of the statutorily required renewable energy consumed by the agency in a fiscal year comes from new renewable sources, and (ii) to the extent feasible, the agency implements renewable energy generation projects on agency property for agency use. There are no geographic restrictions related to the RECs provided to meet this requirement. Overview of Renewable Energy Sources and Conversion Factors: The EPACT 2005 and EO13423 Requirements will be based on the "total amount of electric energy the Federal government consumes during any fiscal year" for all facilities, those subject to EPACT 2005 goals and excluded, domestic and international. This is consistent with Federal energy management requirements in Title V of the National Energy Conservation Policy Act ("NECPA"; Pub. L. 95-619), which specifically apply to Federal buildings, meaning: "any building, structure, or facility, or part thereof, including the associated energy consuming support systems, which is constructed, renovated, leased, or purchased in whole or in part for use by the Federal Government and which consumes energy; such term also means a collection of such buildings, structures, or facilities and the energy consuming support systems for such collection." 2.B.11. DEFINITIONS: All definitions are for the interpretation of this agreement: i. Billing Period - A period consisting of not less than 27 days and not more than 35 days. Bills for shorter or longer periods than defined herein shall be prorated on the basis of the number of days divided by 30. ii. Burner-tip - Indicates the point of use at USP Lee. iii. City Gate - The point where interstate pipelines deliver gas into NGDC facilities. iv. Commodity Supplier - The basic natural gas supply service which is sold either by volume (ccf or Mcf) or heating value Dth (dekatherms). v. Contracting Officer(CO) - The person with authority to enter into, administer, and/or terminate contracts, as well as make related determinations and findings. The term includes certain authorized representatives of the CO acting within the limits of their authority as delegated by the CO (FAR 2.101). vi. Dth - Dekatherm, a measure of the heat content value of gas. Gas usage is determined by multiplying the Mcf used by the heat content value of the gas. One Dth equals approximately 970 cubic feet. One cubic foot (cf) of natural gas is approximately equivalent to 1000 Btu. 1Ccf = 100 cubic feet = 100,000 Btu = 1 Therm. 1 Mcf = 1000 cubic feet = 1,000,000 Btu = 10 Therms = 1 Dth. 1 MMcf = 1,000,000 cubic feet. vii. Delivered Cost - The all-inclusive cost for a given month or year. viii. Delivery Point - The location on the system where title to the natural gas service will pass from the contractor to USP Lee. ix. Distribution - The Delivery of natural gas from the city gate to the consumer. x. Facility - The United States Penitentiary Lee account which is requesting service. xi. FERC - The Federal Energy Regulatory Commission. xii. Firm Fixed Price - A firm and fixed price for Dth quantities of natural gas service estimated to be used at the meter point during a given billing period for an account. This usage shall include peak, off-peak, summer, winter, weekends, and Holiday usage. xiii. Fixed Price - A negotiated Commodity or Delivered price set for a specific period. xiv. Full Requirements - Full 100% requirements for the facility usage for the term specified. xv. Index Price - The cost of natural gas at a particular receipt of City gate/Delivery point, as published in a recognized Natural Gas Industry Trade publication. xvi. Natural Gas - Any mixture of hydrocarbons and non-combustible gases in a gaseous state, consisting primarily of methane, which meets pipeline standards. It is found associated with other fossil fuels, in coal beds, as methane clathrates, and is created by methanogenic organisms in marshes, bogs, and landfills. xvii. NGDC - Natural Gas Distribution Company, the state regulated natural gas utility which owns the gas lines and equipment necessary to deliver natural gas to the consumer (formerly called local Utility Distribution Company). xviii. NGS - Natural Gas Supplier, an entity that sells or arranges to sell natural gas to customers that is delivered through the distribution lines of an NGDC. xix. Rate Class - It is the method used by the NGDC to bill for the consumption and transportation of natural gas. xx. Supply Curtailment - Any restrictions imposed by the NGDC by which the supply of natural gas is unable to flow through the NGDC's delivery system to the applicable delivery point. xxi. Transmission - The moving of natural gas through the interstate pipeline system for delivery to the NGDC. xxii. Volume Delivered - The quantity of the commodity supply, which is confirmed and accepted by the NGDC for delivery to the delivery point. xxiii. VSCC - Commonwealth of Virginia, State Corporation Commission. CONTRACT CLAUSES: 52.252-2 Clauses incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a FAR clause may be accessed electronically at this address: www.acquisition.gov. Full text copies of Justice Acquisition Regulation (JAR) clauses or FBOP clauses may be requested in writing from the Contracting Officer. The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4. The following clauses are incorporated by reference, pursuant to FAR 52.252-2: 52.203-12 (SEPT 2007) LIMITATIONS ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS 52.204-4 (AUG 2000) PRINTED OR COPIED DOUBLED-SIDED ON RECYCLED PAPER 52.212-4 (JUNE 2010) CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS 52.232-18 (APR 1984) AVAILABILITY OF FUNDS 52.233-4 (OCT 2004) APPLICABLE LAWS FOR BREACH OF CONTRACT CLAIM 52.241-2 (FEB 1995) ORDER OF PRECEDENCE - UTILITIES 52.241-4 (FEB 1995) CHANGE IN CLASS OF SERVICE 52.241-5 (FEB 1995) CONTRACTOR'S FACILITIES 52.241-11 (FEB 1995) MULTIPLE SERVICE LOCATIONS 52.253-1 (JAN 1991) COMPUTER GENERATED FORMS CONTINUATION OF ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS TAILORING: In accordance with FAR 12.302(b), the clause at 52.212-4 is hereby tailored to modify the following elements of the clause. At paragraph (f), "Excusable Delays," the section of the Statement of Requirements concerning Force Majeure overcomes and has precedence over the Excusable Delays section of the clause in its entirety. At paragraph (m), "Termination for Cause." The following section on Termination for Cause overcomes and has precedence over the Termination for Cause section of the clause at FAR 52.212-4(m) in its entirety. The Government may terminate for cause in the event of a material failure to comply with any term or condition which is not remedied within 5 business days from the date of notice of default. In the event of termination for cause, the Government shall not be liable to the contractor for any amount for supplies of 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. At paragraph (n), "Title." The following section on Title overcomes and has precedence over the Title section of the clause at FAR 52.212-4(n) in its entirety. Title to natural gas supplied by the contractor under this contract shall pass from the contractor to the Government upon delivery of said natural gas to the Delivery Point. The contractor warrants that the natural gas delivered to the Government under this contract will be free and clear of all liens, claims, and encumbrances arising prior to delivery to the Delivery Point. The following clauses are incorporated into this resultant contract by full text with applicable fill-in information as follows: 52.209-8 (APR 2010) UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS. 52.216-18 (OCT 1995) ORDERING - (a) from THE EFFECTIVE DATE OF AWARD through 10 YEARS. 52.216-19 (OCT 1995) ORDER LIMITATIONS - ...