Solicitation.pdf

Solicitation # 191N6518Q0111 for supply of 3-SUVs and 1-Mini Van (7 seater + driver)

TABLE OF CONTENTS

Section 1 - The Schedule

SF 1449 cover sheet

Continuation To SF-1449, RFP Number 191N6518Q0111, Prices, Block 23

Continuation To SF-1449, RFP Number 191N6518Q0111, Schedule Of

Supplies/Services, Block 20 Description/Specifications/Work Statement

Section 2 - Contract Clauses

Contract Clauses

Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in

Part 12

Section 3 - Solicitation Provisions

Solicitation Provisions

Addendum to Solicitation Provisions - FAR and DOSAR Provisions not

Prescribed in Part 12

Section 4 - Evaluation Factors

Evaluation Factors

Addendum to Evaluation Factors - FAR and DOSAR Provisions not

Prescribed in Part 12

Section 5 - Representations and Certifications

Offeror Representations and Certifications

Addendum to Offeror Representations and Certifications - FAR and DOSAR

Provisions not Prescribed in Part 12

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

Page

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER

NUMBER

5. SOLICITATION NUMBER

191N6518Q0111

6. SOLICITATION

ISSUE DATE

July 27, 2018

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

Towhid G. Kazi

b. TELEPHONE NUMBER

2419 8328

8. OFFER DUE

DATE/LOCAL

TIME

September 10, 2018 by 1700 hours

9. ISSUED BY CODE

IN650 10. THIS ACQUISITION IS

AMERICAN EMBASSY NEW DELHI

9000 NEW DELHI PL, ATTN: S/GSO

WASHINGTON DC 20521-9000

UNITED STATES

x UNRESTRICTED

_ SET ASIDE: % FOR

_ SMALL BUSINESS _

EMERGING SMALL

_ HUBZONE SMALL BUSINESS SMALL BUSINESS

_ 8(A)

_ SERVICE-DISABLED VETERAN OWNED

NAICS:

SIZE STD:

11. DELIVERY FOR FOB 12. DISCOUNT

TERMS

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS

(15 CFR 700)

DESTINATION UNLESS BLOCK IS MARKED

x SEE SCHEDULE

13b. RATING

14. METHOD OF SOLICITATION

X RFQ _ IFB _ RFP

15. DELIVER TO: Code 16. Administered by:

AMERICAN EMBASSY NEW DELHI, CUSTOMS &

SHIPPING OFFICE

SHANTI PATH, CHANAKYAPURI,

NEW DELHI 110021

INDIA

AMERICAN EMBASSY NEW DELHI

9000 NEW DELHI PL, ATTN: S/GSO

WASHINGTON 110021

UNITED STATES

117a. CONTRACTOR/OFFEROR N

CODE 0 FACILITY CODE

TELEPHONE NO:

18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY NEW DELHI

SHANTI PATH, CHANAKYAPURI,

NEW DELHI 110021

INDIA

17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED _ SEE ADDENDUM 19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

1) Sports Utility Vehicle (SUV)

2) Mini Van (7-Seater)

For specifications please see schedule

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

Each

Each

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) x 27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA x ARE _ ARE NOT

ATTACHED.

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

ATTACHED.

_ 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON

ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED HEREIN.

_ 29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV3/2005)

PREVIOUS EDITION IS NOT USABLE Computer Generated Prescribed by GSA - FAR (48 CFR) 53.212

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER 191N6518Q0111

PRICES, BLOCK 23

I. Scope of Services

The Contractor shall deliver 3 (three) SUVs and 1 (one) Mini Van (7-seater) to the U.S.

Embassy, New Delhi, India.

1. TYPE OF CONTRACT

This is a firm fixed price contract payable entirely in the currency indicated in Section 3, Sub-Section 3.2, of the purchase order. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the Contractor's failure to properly estimate or accurately predict the prices or difficulty of achieving the results required by this purchase order. Nor will the purchase order price be adjusted on account of fluctuations in the currency exchange rates.

2. EFFECTIVE PERIOD OF PURCHASE ORDER

The purchase order shall be effective on the date of the Contracting Officer's signature, and shall remain valid until all vehicles have been received and accepted by the U.S.

Government, and in accordance with Section 9 "Delivery Schedule" of this document.

3. SUPPLIES AND PRICES

The Contractor shall provide to the U.S. Government 3 (three) new right hand drive

(EURO-IV or higher) SUV Land Cruiser and 1 (one) new right hand drive (EURO-IV or higher) Mini Van (7-seater+ driver) Toyota Alphard, OR equal described in the specifications. Further, the Contractor shall properly perform pre-delivery inspection on the vehicles and deliver them to the location set forth in Section 10, Place of Delivery, of this purchase order. The firm fixed price shall include the vehicles, pre-delivery inspection, and transportation to their ultimate destination, certificates of origin, operator's manuals, warranty certificates, and any other documentation mandated by the destination country in accordance with Section 5, Other Specific Requirements, of this purchase order. All manuals shall be furnished in the English language.

3.1 PRICING DATA

The offerors shall insert their prices for the subject vehicles below. The prices shall include transportation of the vehicles to the US Embassy in New Delhi, India in accordance with

Contract Clauses, under FAR 52.247-42, C.I.F. Destination (April 1984), of this contract.

Line

Item Description Unit Quantity Unit Price Total Price

01 Sport Utility Vehicle, Right

Hand Drive, EURO-IV or higher, Toyota Land Cruiser

OR Equal as per the specifications listed in

Schedule Of

Supplies/Services, Block 20

Description/Specifications/

Work Statement. In accordance with FAR

52.211-7, brand names are mentioned for information/description purposes only and are not restrictive

Ea 3

02 Mini-Van (7 seater), Right

Hand Drive, EURO-IV or higher, Toyota Alphard OR

Equal as per the specifications listed in

Schedule Of

Supplies/Services, Block 20

Description/Specifications/

Work Statement. In accordance with FAR

52.211-7, brand names are mentioned for information/description purposes only and are not restrictive

Ea 1

Sub-Total

Freight + Insurance (applicable only for overseas supplier)

GST (applicable only for local supplier)

Grand Total

3.2 CURRENCY

The prices are stated in the following currency:________ (vendor to insert currency of the offer).

NOTE: The offerors shall quote prices for the subject vehicles without the customs duties and/or taxes normally charged by the Government of India. The American Embassy in New

Delhi will be obtaining the necessary customs and tax exemption documentation, and arranging for duty free clearance of the vehicles imported in to India, in accordance with

Section 11, Customs Clearance and Tax Exemptions, of this order.

4. COMPLIANCE WITH SPECIFICATIONS

The offerors shall submit with their offer, for the proposed vehicles model, a detailed matrix indicating that the specifications of the offered vehicle are in compliance with the required minimum specifications set forth in CONTINUATION TO SF-1449, RFQ NUMBER

191N6518Q0105, Schedule of Supplies/Services, Block 20, Description/Specifications/Work

Statement of Vehicle, of this RFQ. Any deviations to the required minimum specifications shall be clearly stated in the remarks column of the matrix. Product literature and/or catalog shall be provided as supplement to the specification data of the proposed vehicles model.

5. OTHER SPECIFIC REQUIREMENTS

The Contractor shall comply with any specific vehicle import requirements mandated by the destination country. Further, the Contractor shall provide all the necessary documentation required by the destination country for import of the proposed vehicles model.

6. WARRANTY

The Contractor agrees that the vehicles furnished under this contract shall be covered by the most favorable manufacturer's commercial warranty the Contractor gives to any customer for such vehicles and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

The Contractor shall provide a copy in English of the applicable manufacturer's commercial warranty, with each vehicle covered by such a warranty, at no additional cost to the

Government.

a) Warranty terms: months, or Km, whichever comes first (to be inserted by the offeror).

b) Period of availability of repair parts: years (to be inserted by the offeror).

7. PREPARATION FOR DELIVERY OF VEHICLES

The vehicles shall be supplied in drive-away condition, to include all fluid levels in normal operating ranges.

8. MARKING AND SUBMISSION OF DOCUMENTS

8.1 All vehicles and associated documents shall be labeled and marked for, and the shipping documents, including original bill(s) of lading, the certificates of origin or vehicle titles, and a copy of the commercial invoice(s), shall be submitted by courier or international courier to the consignee's following address:

American Embassy New Delhi India

Shantipath, Chanakyapuri, New Delhi – 110021, India

For the attention of:

Mr. Lynn Nelson

S/GSO

8.2 For Imported Vehicles: The documents mentioned in Sub-Section 8.1 shall be submitted to the American Embassy in New Delhi, in advance, so that Embassy can obtain from the Government of India, the necessary customs and tax exemption documentation for the duty free clearance, prior to arrival of the vehicles in New Delhi. All communication and submittals in this regard shall be done with:

American Embassy New Delhi India

Shantipath, Chanakyapuri, New Delhi – 110021, India

For the attention of:

Mr. Ashok Chellaramani

Procurement Agent

Tel: +91 11 24198739 E-Mail: ChellaramaniA@state.gov

9. DELIVERY SCHEDULE

All vehicles shall be delivered to the Customs facilities in ICD, Tuglakabad, New Delhi within one-hundred twenty (120) calendar days after award of the contract resulting from this solicitation.

10. PLACE OF DELIVERY

The vehicles shall be delivered on C.I.F. destination basis to the American Embassy New

Delhi, India, in accordance with Contract Clauses, under FAR 52.247-42, C.I.F. Destination

(April 1984), of this order. The offeror shall mark below the delivery destination of the vehicles:

American Embassy New Delhi India mailto:ChellaramaniA@state.gov

The Contractor shall coordinate delivery of the vehicles with the following person:

Mr. Ashok Chellaramani

Procurement Agent

American Embassy New Delhi India

Tel: +91 11 24198739

E-Mail: ChellaramaniA@state.gov

11. CUSTOMS CLEARANCE AND TAX EXEMPTIONS

The American Embassy New Delhi will obtain customs clearance and tax exemption documentation, from the Government of India, in accordance with Section 8, Marking and

Submission of Documents, of this order.

12. INSPECTION AND ACCEPTANCE OF VEHICLES

The inspection and acceptance of the vehicles shall be performed by the U.S. Government upon their arrival at the U.S. Embassy New Delhi in India. The payment(s) to the Contractor shall be made through EFT within 30 days following satisfactory inspection and acceptance of the vehicles, and upon presentation of the certificates of origin or vehicle titles to the American Embassy New Delhi.

13. SUBMISSION OF INVOICES

The original invoice(s) and two copies, along with a copy of the applicable bill(s) of lading, shall be submitted to the following office for payment:

American Embassy New Delhi

Shantipath, Chanakyapuri, Attn: FMO

New Delhi – 110021

India

14. PERIOD FOR ACCEPTANCE OF OFFERS

The offeror agrees to hold the prices in its offer firm for ninety (90) calendar days from the date specified for receipt of offers.

NOTE: This is an addendum to Section 2, Clauses under FAR 52.212-1 "Instructions to

Offerors - Commercial Items (JAN 2017)", Paragraph (c) "Period for acceptance of offers", of the solicitation No. 191N6518Q0105.

15. CHOICE OF LAW

This purchase order shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Civilian Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

mailto:ChellaramaniA@state.gov

16. ACQUISITION METHOD

The Government is conducting this acquisition using the simplified acquisition procedures in Part 13 of the Federal Acquisition Regulation (FAR). If the dollar amount exceeds the simplified acquisition threshold, then the Government will be using the test program for commercial items authorized by Subpart 13.5 of the FAR.

17. PLACE OF PERFORMANCE

The Contractor's place of performance for this contract is:

18. OFFER SUBMISSION

The date set for receipt of proposals is 10 September 2018 at 05:00 PM, India Time. No proposal will be accepted after this time.

The offer should be submitted electronically at – Newdelhibids@state.gov with subject line

“RFQ Number 191N6518Q0105 for Purchase of “3-SUVs and 1-Mini Van (7-Seater)”.

19. DUNS, NCAGE AND SAM REGISTRATION

The Government requires an offeror to have a current DUNS Number, NCAGE Code, and register in the System for Award Management (SAM) (www.sam.gov) prior to award of a contract with the US Government. It is the responsibility of the offeror to comply and register. If you currently do not have a DUNS, NCAGE, or SAM registration, information is provided below to assist you.

For registering with SAM you would need NCAGE number and DUNS number. Please get these numbers and then apply for SAM registration.

For DUNS number follow the link - http://fedgov.dnb.com/webform

For NCAGE number follow the link - http://www.dlis.dla.mil/nato/ObtainCAGE.asp

To register an entity in SAM, follow these steps:

Step 1: Access the SAM online registration at www.sam.gov

Step 2: Create a User Account.

Step 3: Click on "Register New Entity" from the left side navigation pane. You must have a

Data Universal Numbering System (DUNS**) number in order to begin the registration process.

Step 4: Complete and submit the online registration. If you already have the necessary information on hand, the online registration takes approximately 30 minutes to complete, depending upon the size and complexity of your entity.

If you have the SAM registration then offerors must provide a Dun and Bradstreet (DUNS) number and NCAGE code when submitting proposals.

mailto:Newdelhibids@state.gov http://www.sam.gov/ http://fedgov.dnb.com/webform http://www.dlis.dla.mil/nato/ObtainCAGE.asp http://www.sam.gov/

CONTINUATION TO SF-1449

RFQ NUMBER 191N6518Q0111

Schedule Of Supplies/Services, Block 20

Description/Specifications/Work Statement

I. Vehicle Specifications:

VEHICLE SPECIFICATION FOR FULL SIZE SPORTS UTILITY VEHICLE (SUV) 6

SEATER

Wheel Base 2900 mm

Gross Weight 3400 kg

Right Hand Driver (RHD) YES

Displacement 4500 cm³ (cc)

Fuel Type Gasoline (Petrol)

Transmission 6 Speed Automatic

Clock YES

MID (Multi Information Display) YES

Cigarette Lighter YES

Power Outlet (DC) 12 V YES

Premium Floor Mats YES

Driver Seat Height Adjustment YES

Seat Material Cloth

Air Conditioner Auto Control

Heater YES

Rear Air Conditioner Ceiling

Vents(for 2nd & 3rd Rows)

YES

Tilt Steering Column YES

Power Steering YES

Power Windows (with Driver Side

Auto Down)

YES

Power Door Lock YES

Audio System (2DIN

LCD Display, DVD, Bluetooth, USB, YES

Aux-in, Touchscreen, Remote)

Speakers 6 Nos

Audio, MID & Bluetooth Phone

Control on Steering

YES

Keyless Entry YES

Parking Sensor YES

Back Monitor Camera with Display YES

Side view cameras YES

ABS YES

SRS Airbags all sides YES

Color Dark Grey Metalic

Smart Key System on all doors, remote illuminated entry and Push

Button Start

YES

Front and rear parking assist sonar YES

Blind Spot Monitor (BSM) and Rear

Cross-Traffic Alert (RCTA)

YES

*Optional, ^Mix

Genuine & Synthetic Leather, *Only with Select Models.

VEHICLE SPECIFICATION FOR MINI-VAN (7 Seats+driver)

Type of Van? [ X ] Pax, [ ] Box

Required Load Capacity? State. 3300Kg GVW

Right or Left Hand Drive? [X] Right Hand, [ ] Left Hand

Desired Make and Model? Toyota Alphard or equivalent

Type Engine? [ X ] Gas, [ ] Diesel

Engine size?

[ ] 6 Cylinder, [X] 4 Cylinder

4-cylinder in-line 16-valve DOHC

Engine size? State displacement or KWH/PS. 3000 CC

Type of Transmission?

[ X] Automatic, [ ] 4 or 5 gear.

Super CVT-i (A), Front-wheel drive

Minimum wheel base? State. 3000 mm.

Number of Seats? 7+driver

Bench or Bucket Seats? [ ] Bench, [X] Bucket

Preferred Exterior Color Black

Preferred Interior Color Grey

Vinyl or Cloth Seats? [X] Vinyl, [ ] Cloth

Entertainment? State Preference. Yes, blue tooth enable

Air Conditioning? [X] Yes, [ ] No

Rear Air Conditioning? [X] Yes, [ ] No

Tinted Glass? [ ] Yes, [X] No

Remote Locking? [X] Yes, [ ] No

Sunroof? [ ] Yes, [X] No

Trim Level? [X] Basic, [ ] Mid

Heated Mirrors [ ] Yes, [X] No

Heated Seats? [ ] Yes, [X] No

Side Airbags? [X] Yes, [ ] No

Front Airbags? [X] Yes, [ ] No

Spare Tire? [X] Full Size, [ ] Temp.

Trailer Hitch? [ ] Yes, [X] No

Delivery Point? NEW DELHI

Power Steering [X] Yes, [ ] No

Automatic Side sliding doors [X] Yes, [ ] No

Automatic Rear lift doors [X] Yes, [ ] No

Please list any options or required items not covered above: Passenger side windows – slide open type.

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (JAN

2017), is incorporated by incorporated by full text.

(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;

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(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— https://acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153351 https://acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358

(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 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.

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(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.

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(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 FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

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

Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that

Contractor will be considered to be incorrect information within the meaning of the

“Suspension of payment” paragraph of the EFT clause of this contract.

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

(u) Unauthorized Obligations

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

1341), the following shall govern:

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

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or

“browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

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

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

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

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or

Executive Orders—Commercial Items (JAN 2018)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws

108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (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).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41

U.S.C. 3509)).

[X] (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-

117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (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. (Oct 2015) (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 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

__ (13) [Reserved]

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

644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

644).

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C.

637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) 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 (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

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__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-

Aside (Nov 2011) (15 U.S.C. 657 f).

__ (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, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec

2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan

2018) (E.O. 13126).

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

__ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29

U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

[X] (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 (OCT 2015). (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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN

2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s

13423 and 13514).

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

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