RFQ_Microfiber_Mopping_System.pdf

D DEPARTMENT OF HEALTH & HUMAN SERVICES

PHOENIX INDIAN MEDICAL CENTER

INDIAN HEALTH SERVICE

4212 N. 16th Street Phoenix, AZ 85016

September 15, 2015

Dear Ladies and Gentlemen:

Reference: 15-247-SOL-00137– Microfiber Mopping System Services at the Phoenix Indian Medical Center (PIMC) Housekeeping Department.

You are invited to submit a Request for Quote (RFQ) to the referenced solicitation. The Phoenix Indian Medical Center (PIMC) is seeking qualified vendors who can provide Microfiber Mopping System Services that shall include the provision of supplies, maintenance and laundering of micro fiber mops for the Phoenix Indian Medical Center (PIMC) Housekeeping Department.

Offerors shall submit the following:

1. Standard Form (SF) 1449, Solicitation/Contract/Order for Commercial Items, requires completion of section nos. 17a, 30a, 30b and 30c. DUNS# written on SF-1449 Form

2. Offerors are required to enter price proposal quotes on Pages 5, under Paragraph B.3, Price Schedule

3. Offerors are required to complete 52.212-3 Offeror Representations and Certifications-Commercial Items (March 2015), stating on Page 24 or Company Registration from the System Award Management (SAM) website

4. Offerors are required to submit all required under Paragraph B.18, Instructions to Offerors, on Page 10

All sections must be completed otherwise the IHS will not consider your RFQ.

Complete proposal are due by 10:00 A.M., Phoenix, Arizona Time on September 29, 2015.

If you have any questions regarding this solicitation please contact Bradley Platero, Contract Specialist at 602-200-5371 or Bradley.Platero@ihs.gov.

Sincerely, Bradley Platero Contract Specialist

Enclosure: Solicitation Document No. 15-247-SOL-00137 mailto:Bradley.Platero@ihs.gov

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

Phoenix AZ 85016 4212 North 16th Street Phoenix Indian Medical CTR

CODE 16. ADMINISTERED BYCODE

X

X

339994

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR12

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/29/2015 1000 LT

09/15/2015

(602) 200-5371BRADLEY PLATERO

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

15-247-SOL-00137

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 2 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Phoenix AZ 85016 4212 North 16th Street

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Phoenix Indian Medical CTR

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The Phoenix Indian Medical Center (PIMC) is seeking a vendor who can provide a Microfiber Mopping System Services that shall include the provision of supplies, maintenance and laundering of micro fiber mops for the Phoenix Indian Medical Center (PIMC) Housekeeping Department.

Please see attached pages for additional information, terms and conditions.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

bradley.platero Typewritten Text Phoenix Indian Medical CTR Finance Department 4212 North 16th Street Phoenix AZ 85016 bradley.platero Typewritten Text bradley.platero Typewritten Text bradley.platero Typewritten Text Phoenix Indian Medical CTR 4212 North 16th Street Phoenix AZ 85016 bradley.platero Typewritten Text bradley.platero Typewritten Text bradley.platero Typewritten Text

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

SOLICITATION NO. 15-247-SOL-00137: MICROFIBER MOPPING SYSTEM SERVICES FOR THE

PHOENIX INDIAN MEDICAL CENTER (PIMC), INDIAN HEALTH SERVICE

B. CONTINUATION OF SF-1449 BLOCKS

B.1 Introduction:

The Phoenix Indian Medical Center (PIMC) is seeking a vendor who can provide a Microfiber Mopping System Services that shall include the provision of supplies, maintenance and laundering of micro fiber mops for the Phoenix Indian Medical Center (PIMC) Housekeeping Department.

B.2 Scope of Work:

Contractor shall supply on a weekly basis the necessary inventory of microfiber cleaning products in order for the PIMC Housekeeping department to clean all of the PIMC buildings as follows:

a) Mop heads 18 inch = 4100 per week

b) Microfiber wipes 16in x 16 in = 9200 per week

c) Microfiber High Dusters = 100 per week

All products provided shall be cleaned, maintained in a way that the products can be put in service immediately. The microfiber cleaning products to be placed in service are mop pads.

All materials shall be cleaned and sanitized prior to introduction or re-entry into the medical facility.

The Contractor shall furnish all wash formula laundry chemicals necessary to perform the services specified herein.

The contractor shall provide a daily count by units of all clean items shipped to PIMC Facility. The count shall be broken down to identify each item. A copy of material safety data sheet for all chemicals furnished and used by the Contractor will be furnished to the COR.

The Contractor shall furnish all labor, supervision, management, management support, supplies, reports, and materials in performance of this contract.

The Contractor shall process, package, and assist in loading/delivering laundry, have the ability to offload tractor trailer trucks filled with large linen carts or have a commercial loading deck for receipt of soiled microfiber mops pads.

The Contractor shall ship soiled microfiber mop pads in closed laundry bags contained in facility identified linen shipping/receiving carts. The contractor shall separately process the facility’s soiled microfiber mop heads. The contractor shall transport each facility’s soiled microfiber mop pads to the laundry plant. Then, after the mop pads are cleaned and processed, the contractor shall transport the clean linens back to PIMC.

The contractor must have the ability to provide soil linen bins, to transport bins and linen carts trucks from the PIMC to their Laundry facility and back to PIMC and to segregate microfiber soil mops pads from clean mop pads through a permanent barrier.

The Contract shall have the ability to wash and sanitize soil carts prior to loading clean items into return carts.

The contractor shall provide delivery services to transport clean and soiled microfiber mop heads on Tuesday and Friday to the established schedule, except for government holidays.

The Contractor shall be responsible for delivering and exchanging prepackaged clean linen carts for preloaded soiled linen carts. Carts are 28” wide x 54” long x 63” in height.

Any changes that require permanent adjustments in frequency or type of performance shall be coordinated with the Contractor by the Contracting Officer’s Representative (COR) and approved by the Contracting Officer (CO) in writing, prior to initiation of such change to assure adequate contractual coverage.

Any items found to be unsatisfactorily cleaned shall be identified by the COR or by PIMC Housekeeping staff. Items identified by the COR or by PIMC Housekeeping staff shall be returned on the next scheduled pickup after an unsatisfactory condition is discovered. These items are to be kept separate from the normal laundry items and packaged for separate processing at the local facility pickup point.

The contractor shall re-wash items as needed or directed by the COR. Responsibility for the cost of re-wash shall be borne by the party governing control over the cause for unsatisfactory cleaning. Re-wash items shall be at no cost to the Government.

Contractor shall provide laundry services and supplies/contingency services during any plant shutdown by contracting with available laundry plants.

Re-work will be completed within 24 business hours of linen identified as needed to be re-worked and sent to the sites within 96 business hours.

It is the responsibility of the Contractor to ensure that all extraneous articles found in microfiber mop heads are return back to PIMC Facility.

Contractor shall process all linens and prepare for shipment delivery in such a manner as not to interfere with the normal functions of the PIMC facilities pre-determined operational hours. Appropriate schedules shall be determined and agreed upon between the contractor, PIMC facilities and the CO or COR and/or designee.

The Government assumes no liability for loss of, or damage to Contractor-owned supplies held upon Government premises.

All Contractor personnel assigned to the performance of this contract are to wear a Contractor-provided, standard, distinctive uniform that clearly and prominently displays the contractor’s name when visiting the PIMC campus.

Exposure to hazardous working conditions: Contractor personnel are required to perform work under potentially hazardous conditions. Contractor personnel shall inform contract personnel of potentially hazardous situations and shall train contract personnel in techniques required to recognize and deal with potentially hazardous situation in a manner which will minimize personnel risk. Contractor personnel shall adhere to standard techniques for personal protection.

B.3 Price Schedule:

Quote: The Contractor to enter price quote for a Microfiber Mopping System Services.

This is a Firm Fixed contract. For the purposes of this contract full service shall mean that the Contractor's price quote includes, but is not necessarily limited to: all labor, material and equipment cost;

all administrative, reporting or other requirements, all overhead costs and profit. It shall also include all travel costs and any other ancillary fees and costs including permits, licenses, insurance, etc. Details of service not explicitly stated in these specifications, but necessarily attendant thereto, are deemed to be understood by the Contractor and included herein.

Estimated Requirements:

ITEM DESCRIPTION QTY UNIT UNIT

PRICE

ESTIMATED

ANNUAL

TOTAL

A.1

Base Year: Microfiber Mopping System Services

MO

B.2

1st Year Option: Microfiber Mopping System Service

C.3

2nd Year Option: Microfiber

D.4

3rd Year Option: Microfiber

E.5

4th Year Option: Microfiber

GRAND TOTAL

B.4 Cleaning Standards:

Microfiber products will be cleaned according to manufacturer specifications and adhere to The Healthcare Laundry Accreditation Council Standards at www.hlacnet.org. All Marks, stains, etc., shall be removed as reasonably acceptable.

http://www.hlacnet.org/

B.5 Scheduled Services:

Services will include pickup and delivery of all Microfiber twice weekly on Tuesday and Friday early mornings before 6:00am.

B.6 Linen Control:

The contractor shall provide a daily count by units of all clean items shipped to PIMC Facility. The count shall be broken down to identify each item.

B.7 Hours of Operation:

The Phoenix Indian Medical Center normal business hours are 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding federal holidays. The federal holidays are as follows: January 1 (New Year Day), 3rd Monday in January (Martin Luther King's Birthday), 3rd Monday in February (President’s Day), last Monday in May (Memorial Day), July 4th, 1st Monday in September (Labor Day), 2nd Monday in October (Columbus Day), November 11 (Veterans Day), 4th Thursday in November (Thanksgiving Day), and December 25 (Christmas). This list shall include any other day specifically declared a federal holiday by the President of the United States.

B.8 Equipment/Vehicles:

The contractor shall provide all trucks and drivers required to transport soiled and clean microfiber mop heads to and from The Phoenix Indian Medical Center at 4212 N. 16th Street, Phoenix, Arizona 85016.

Contractor shall comply with all standards found in Arizona State Commercial Driver License Manual.

The contractor shall furnish legally licensed drivers competent in over the road driving and responsible for meeting all Federal, State and Local Legal requirements, State Inspections and consistent with normal semi-truck delivery requirements.

Vehicle and cargo insurance, Liability for Loss/of and/or Damages to Freight and Property damages shall be the sole responsibility of the contractor. In addition the contractor shall furnish all diesel fuel, motor oil, antifreeze, and similar items needed for the service and operations of all vehicles. Contractor shall also be required to schedule maintenance, repairs, and service calls for said vehicles, as not to interfere with delivery deadlines. All trailers shall be kept clean and debris free at all times to avoid injury in the loading and/or unloading process.

B.9 Chemicals:

Chemicals shall be effective for varying water temperatures ranging from 120 degrees Fahrenheit to 160 degrees Fahrenheit water conditions and processing equipment. Contractor shall provide chemicals available in bulk storage tanks and drums of various sizes maintained inside all containment areas of the plant. An audio and/or visual alarm system shall be installed for the chemical injection system to alert of failure of chemical injections and/or leaks.

Prior to initial service start-up of the chemical vendor, contractor shall ensure the guidelines of this contract meet all Joint Commission standards. (www.jointcomission.org) all items within this document shall be adhered to regardless of whether a new chemical contractor provides services or contractor retains current chemical company.

Contractor shall provide the laundry staff with training on daily operator care and preventative maintenance of chemical dispensing systems. Contractor shall also provide this training in manual or handbook form to PIMC for future reference.

Contractor shall be responsible for ensuring vendor provides product identification to meet OSHA, Q:\GEMS\SPCC\138SAF_5001_Petroleum_Underground_StorageTank_Operations_Guideline_(11-7- 10).doc & EPA requirements; USEPA Community-Right-To-Know regulations for Emergency Planning [40 CFR 355 and 40 CFR 370] Sections 305, 311 and 312 of Superfund Amendment and Reauthorization Act (SARA) Title II. Contractor shall be responsible for assuring that all chemicals and wash formulas provided are specific to the HealthCare type soiled linens and compatible with the chemical in use during the initial fill-up/mixing of said bulk tanks.

Contractor shall be responsible for proper adjustment to current dispensing equipment being utilized.

Contractor shall comply with all machinery manufacturers’ instructions as applicable. Contractor shall furnish a Material Safety Data sheet and technical data on each chemical prior to initial delivery of chemicals per OSHA regulation 29CFR, 1910.1200.

A copy of material safety data sheet for all chemicals furnished and used by the Contractor will be furnished to the COR.

B.10 Delivery Requirements:

Unit verification is required for each receipt and release of the laundry workload. Delivery tickets shall be furnished by the Contractor. The original of the delivery ticket shall be retained by the contractor and one (1) copy shall be forwarded with the shipment to the House Keeping Supervisor at PIMC.

The Housekeeping Supervisor shall receive the clean microfiber mop heads and verify the list of articles returned on the delivery ticket. The delivery ticket shall show the items, and quantity.

B.11 Site Location:

Phoenix Indian Medical Center 4212 North 16th Street Central Supply Department Phoenix, AZ 85016 Attention: Sandra Adams Phone: 602-263-1200 X 1833 http://www.jointcomission.org/

B.12 Government Furnished Property:

No Government Property to be furnished for use by the contactor.

B.13 Invoice Submission:

a) Payment shall be made in monthly ARREARS;

b) Electronic Funds Transfer (EFT) shall be utilized as method for processing payment;

c) Upon receipt of the Contractor’s properly prepared invoice, the COR is responsible for certifying the invoice for acceptance of service;

d) Improperly prepared invoices will be returned to the Contractor resulting in delayed payment.

e) Invoices shall be prepared and submitted electronically and in accordance with rates and terms as stated in the contract.

f) Invoices should be sent electronically to the following departments:

Finance: PHX_PIMCAPInvoice@ihs.gov

Acquisitions: Bradley.Platero@ihs.gov

COR: Kevin.Hogan@ihs.gov

A proper invoice shall include, but not limited to the following:

1. Purchase Order Number/Contract Number;

2. Period of performance or Service Repair;

3. Charges for services or products identified by LINE ITEM NUMBER;

4. Description, quantity, unit of price and extended total per line item; total amount of invoice.

5. Contractors contact information (name, title, phone number of point of contact in event of defective of invoice).

B.14 Designated Contracting Officers Representative (COR):

Kevin Hogan, Chief of Housekeeping, Telephone No. (602) 263-1531, email address:

Kevin.Hogan@ihs.gov, is hereby designated the COR to monitor the requirements of this order on behalf of the government.

1. The Contracting Officer shall designate the COR representing the Government for the purpose of this contract in writing. Such designation will set forth the duties specifically delegated in regard to the performance of this contract. A copy of the designation will be provided to the contractor.

mailto:PHX_PIMCAPInvoice@ihs.gov mailto:Bradley.Platero@ihs.gov mailto:Kevin.Hogan@ihs.gov

2. The major responsibility of the COR is to ensure Contractor accountability, monitor contract performance, and assist the Contractor in the resolution of program problems encountered during the performance of this contract.

3. The COR shall be responsible for:

a) Monitoring the Contractor’s technical progress, including the surveillance and assignment of performance and recommending to the contracting Officer changes in requirements;

b) Interpreting Statement of Work;

c) Performing technical evaluation as required;

d) Performing technical inspection and acceptance required by the contract;

e) Assisting the contractor in the resolution of technical problems encountered during performance.

The COR’s responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The COR does not have the authority to change or alter the order amount, terms and conditions.

B.15 Contracting Officer:

The Contracting Officer is the only person with authority to act as the agent of the Government under this contract. Only the Contracting Officer has authority to: (1) Direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the contractor for any costs incurred during the performance of this contract;

or (5) otherwise changes any Terms and Conditions of this contract. The Government my unilaterally change its COR designation.

B.16 Arizona State Taxes:

The Department of Health and Human Service, Phoenix Indian Medical Center is tax exempt for the following: 42-5074.B.8, 42-5071.B.2(a), 42-5061.A.25(b), AND 42- 5159.A.13(d), State of Arizona Department of Revenue. (Copy of Certificate available upon request).

Contractor is responsible for determining and paying all required taxes. The final proposal amount shall include all applicable taxes. Award amount shall not be adjusted due to failure of the Offeror to include taxes into the proposal.

B.17 Operating Hours:

The contractor shall provide all maintenance, inspection, certification and/or regular and emergency repair services during normal operating hours Monday through Friday from 8:00am to 5:00pm excluding the weekend and federal holidays. Service schedule shall be agreed to by the contractor and the designated COR. Federally recognized holidays can be found online at http://www.opm.gov/fedhol/index.asp http://www.opm.gov/fedhol/index.asp

B.18 Instructions To Offerors:

1. Standard Form (SF) 1449, Solicitation/Contract/Order for Commercial Items, requires completion of section nos. 17a, 30a, 30b and 30c. DUNS# written on SF-1449 Form.

2. Completed Price Schedule, Paragraph B.3, Page 5.

3. Three references with RFQ that include contact name, address, and telephone number.

4. Detailed information on microfiber mopping retrieval and delivery system.

5. 52.212-3, Offeror Representations and Certifications – Commercial Items, Paragraph E.2, Page 24 or a copy of the Company Registration from the System Award Management (SAM).

C. CONTRACT CLAUSES:

C.1 52.217-8 Option to Extend Services (Nov 1999):

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months.

C.2 52.217-9 Option to Extend the Term of the Contract (Mar 2000):

a. The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

b. If the Government exercises this option, the extended contract shall be considered to include this option clause.

c. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

C.3 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984):

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

C.4 212-4 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 re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance 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 Government wide 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 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, 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 at 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.

(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 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 of the FAR;

(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 FAR 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 Use 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-https://www.acquisition.gov/ 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)

C.5 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2015):

(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 (Dec 2014)

(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, 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 (Apr 2010) (41 U.S.C. 3509).

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

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (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).

X___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 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 2011) (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 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 2014) (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 2014) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

X___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X___ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

X___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

X___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

X___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

X___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

X___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

X___ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

X___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

X___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112- 42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X___ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

X___ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment…