191Z2525P0348 - ERB-FAC-7112- Non-Battery Operated Tools.pdf

ORDER FOR SUPPLIES OR SERVICES

IMPORTANT: Mark all packages and papers with contract and/or order numbers. PAGE OF PAGES

1. DATE OF ORDER

27 Aug 2025

2. CONTRACT NO.(If any) 6. SHIP TO:

191Z2525P0348, ERBIL

3. ORDER NO.

191Z2525P0348

4. REQUISITION/REFERENCE NO.

PR15301671

a. NAME OF CONSIGNEE

ATTN: IKUN, LLC

5. ISSUING OFFICE (Address correspondence to)

AMERICAN CONSULATE ERBIL

AMERICAN CONSULATE GENERAL ERBIL, IRAQ ATTN: GSO

ERBIL,

Contact Name: Lozan A Faeq Phone: 0770 4431344 Email: FAEQLA@STATE.GOV

b. STREET ADDRESS

2801 ROUTE 130 UNIT 1 - ATTN SUVI

c. CITY

NORTH BRUNSWICK

d. STATE

NJ

e. ZIP CODE 08902

f. SHIP VIA

7. TO: 8. TYPE OF ORDER

a. NAME OF CONTRACTOR

DANIEL ZOGRAN

DUNS NUMBER

CONTACT PHONE NUMBER

8475596349

E-MAIL:

fedgovsupport@grainger.com

FAX:

8776994881

a. PURCHASE ORDER

REFERENCE YOUR: _______

Please furnish the following on the terms and conditions specified on both sides of this order and on the attached sheet, if any, including delivery as indicated.

b. DELIVERY ORDER -- Except for billing instructions on the reverse, this delivery order is subject to instructions contained on this side only of this form and is issued subject to the terms and conditions of the above-numbered contract.

b. COMPANY NAME

W.W. GRAINGER, INC.

c. STREET ADDRESS

100 GRAINGER PKWY

d. CITY

LAKE FOREST

e. STATE

IL

f. ZIP CODE 60045-5202

10. REQUISITIONING OFFICE

AMERICAN CONSULATE ERBIL

ATTN: FACILITIES MANAGEMENT (FMM)

9.ACCOUNTING AND APPROPRIATION DATA

1900-2025--19___X0535000G-2432-OBO--7112-191Z2525P0348-3107-

XJNC8051--------- $56,070.65USD

Funds Certification Officer Signature:

11. BUSINESS CLASSIFICATION (Check appropriate box(es)) 12. F.O.B. POINT Destination

a. SMALL b. OTHER THAN SMALL c. DISADVANTAGED

d. WOMEN-OWNED e. HUBZone f. SERVICE-DISABLED VETERAN-OWNED

g. WOMEN-OWNED SMALL BUSINESS (WOSB) ELIGIBLE UNDER

THE WOMEN-OWNED SMALL BUSINESS PROGRAM

h. EDWOSB

13. PLACE OF 14. GOVERNMENT B/L NO.

15. DELIVER TO F.O.B. POINT ON OR BEFORE (Date) 01 Oct 2025

16. DISCOUNT TERMS

a. INSPECTION

b. ACCEPTANCE

17. SCHEDULE (See reverse for Rejections)

ITEM NO.

(a)

SUPPLIES OR SERVICES

(b)

QUANTITY

ORDERED

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

QUANTITY ACCEPTED

(g)

SEE LINE ITEM DETAIL

SEE BILLING

INSTRUCTIONS ON

REVERSE

18. SHIPPING POINT 19. GROSS SHIPPING

WEIGHT

20. INVOICE NO. 17(h) TOT.

(Cont. pages)

21. MAIL INVOICE TO:

a. NAME

AMERICAN EMBASSY BAGHDAD

b. STREET ADDRESS (or P.O. Box)

AL KINDI STREET, INTERNATIONAL ZONE

ATTN: FINANCIAL MANAGEMENT OFFICER

$56,070.65USD

17(i)

(GRAND TOTAL)

c. CITY

BAGHDAD

d. STATE e. ZIP CODE

22. UNITED STATES OF AMERICA BY (Signature)

27 Aug 2025

23. NAME Typed Cassandra J Divjak

TITLE: CONTRACTING/ORDERING OFFICER

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE

OPTIONAL FORM 347(REV. 9/2012)

Prescribed by GSA/FAR 48 CFR 53.213(f)

Page: 1 of 14

ORDER FOR SUPPLIES OR SERVICES

SCHEDULE - CONTINUATION

PAGE NO.

IMPORTANT: Mark all packages and papers with contract and/or order numbers.

DATE OF ORDER

27 Aug 2025

TITLE

ERB-FAC-7112- Non-Battery Operated Tools

CONTRACT NO.

ORDER NO.

ITEM NO.

(a)

SUPPLIES OR SERVICES

(b)

QUANTITY

ORDERED

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

QUANTITY

ACCEPTED

(g)

0001 Guide Rail Clamps,8 1/4" L

4.00 each $39.21USD $156.84USD

0002 Cartridge Filter,Paper,Reusable

25.00 each $29.65USD $741.25USD

0003 Vacuum Filter,Material Paper,6 7/16" L

25.00 each $35.00USD $875.00USD

0004 ReciproSawBlade,L:6",TPI:8,PK5,Straight

3.00 set $75.84USD $227.52USD

0005 ReciproSawBlade,L:9",TPI:8,PK5,Straight

3.00 set $95.12USD $285.36USD

0006 ReciproSawBlade,L:9",TPI:8,PK25,Straight

3.00 set $62.00USD $186.00USD

0007 Recip Saw Blade Set, Blade L 6, 8, 9 in.

3.00 set $78.70USD $236.10USD

0008 Tape Measure,16 ft L Blade SAE

36.00 each $18.00USD $648.00USD

0009 Tape Measure,26 ft L Blade SAE

33.00 each $21.04USD $694.32USD

0010 ReciproSawBlade,L:9",TPI:5,PK5,Tapered

3.00 set $19.25USD $57.75USD

0011 ReciproSawBlade,L:12",TPI:5,PK5,Tapered

3.00 set $24.00USD $72.00USD

0012 Cordless Dust Extraction System Kit,18V

6.00 each $195.81USD $1,174.86USD

0013 Masonry Drill Set

5.00 set $23.00USD $115.00USD

0014 Utility Blade Dispenser,50 Blades

10.00 set $27.76USD $277.60USD

0015 Wire Stripper,7-3/4" L,Strip/Cut,ASME

7.00 each $22.80USD $159.60USD

0016 Inkzall Black Fine Point Marker

36.00 each $1.10USD $39.60USD

0017 Locking Plier Sets,Ergonomic,2 Pcs

2.00 each $30.58USD $61.16USD

0018 Locking Plier,Comfort Grip,6" L

2.00 each $16.63USD $33.26USD

Page: 2 of 14

0019 Locking Plier,Comfort Grip,7" L

2.00 each $16.61USD $33.22USD

0020 Locking Plier Sets,Ergonomic,2 Pcs

25.00 each $30.58USD $764.50USD

0021 Locking Plier,Comfort Grip,9" L

2.00 each $19.60USD $39.20USD

0022 Locking Plier,Comfort Grip,10" L

2.00 each $17.14USD $34.28USD

0023 Locking C-Clamp,11",4" Cap.,4" Throat

2.00 each $24.22USD $48.44USD

0024 Locking C-Clamp,6",2-15/64" Cap.

2.00 each $16.19USD $32.38USD

0025 Locking C-Clamp,11",4" Cap.,4" Throat

2.00 each $24.22USD $48.44USD

0026 Locking C-Clamp,18",8" Cap,9-1/2" Throat

2.00 each $26.50USD $53.00USD

0027 Locking C-Clamp,11",4" Cap.,4" Throat

2.00 each $23.17USD $46.34USD

0028 Locking C-Clamp,6",2" Cap.,2-1/4" Throat

2.00 each $15.99USD $31.98USD

0029 Locking C-Clamp,11",4" Cap.,4" Throat

2.00 each $23.17USD $46.34USD

0030 Hand Seamer,Steel,Gray,3 in. W x 8 in. L

2.00 each $19.82USD $39.64USD

0031 Torque,9",Locking Chain Wrench

2.00 each $28.00USD $56.00USD

0032 Locking Plier Sets,Ergonomic,2 Pcs

2.00 each $30.58USD $61.16USD

0033 Locking Plier,Ergonomic,7" L

2.00 each $18.53USD $37.06USD

0034 Locking Plier,Ergonomic,10" L

2.00 each $18.80USD $37.60USD

0035 Paint Marker, Permanent, White

20.00 each $3.50USD $70.00USD

0036 Paint Marker, Permanent, Yellow

0037 Paint Marker, Permanent, Black

0038 Paint Marker, Permanent, Red

0039 Locking Plier,Ergonomic,10" L 2.00 each $18.75USD $37.50USD

Page: 3 of 14

0040 100 Ft. Bold Line Chalk Reel,Blue Chalk

3.00 each $10.53USD $31.59USD

0041 Work Gloves,Seamless Knit,L

100.00 pair $30.00USD $3,000.00USD

0042 100 Ft. Bold Line Chalk Reel,Red Chalk

3.00 each $10.13USD $30.39USD

0043 Tinners Snip,16 in. L

6.00 each $78.43USD $470.58USD

0044 MILWAUKEE Tinners Snip: Left/Right/Straight, 13 in Overall Lg, 3 1/2 in Cutting Lg, Aluminum, Steel

6.00 each $41.58USD $249.48USD

0045 STANLEY Tinners Snip: Left/Right/Straight, 10 in Overall Lg, 2 in Cutting Lg, Steel, Plastic, Steel

6.00 each $25.00USD $150.00USD

0046 Duckbill Snip,10 in. L

6.00 each $27.56USD $165.36USD

0047 Tinners Snip,Offset

6.00 each $39.78USD $238.68USD

0048 MILWAUKEE Tinners Snip: Left/Right/Straight, 13 in Overall Lg, 3 1/2 in Cutting Lg, Aluminum, Steel

6.00 each $41.58USD $249.48USD

0049 Replacement Snip Blades,3-1/2 in. L

6.00 each $12.72USD $76.32USD

0050 Scissors,Chrome Plated,9 1/4 in L,Red

6.00 each $23.24USD $139.44USD

0051 Scissors,Chrome Plated,9 1/4 in L,Red

5.00 each $18.81USD $94.05USD

0052 Pipe Cutter,2-3/8"

6.00 each $103.86USD $623.16USD

0053 Replacement Blade,2-3/8"

6.00 each $51.31USD $307.86USD

0054 Quick Adjust Cutter,2-1/2"

4.00 each $90.39USD $361.56USD

0055 Quick Adjust Cutter,3-1/2"

4.00 each $117.02USD $468.08USD

0056 Reaming Pen

3.00 each $7.61USD $22.83USD

0057 Replacement Reaming Tips,3 Pack

3.00 each $13.57USD $40.71USD

0058 Constant Swing Cutter,1"

4.00 each $36.00USD $144.00USD

Page: 4 of 14

0059 Tubing Cutter Set,Copper,Manual

6.00 set $53.00USD $318.00USD

0060 Left Cutting Aviation Snips

6.00 each $15.00USD $90.00USD

0061 Right Cut Offset Aviation Snips

2.00 each $20.00USD $40.00USD

0062 Aviation Snip Set,3 pcs.,Overall 10" L

4.00 each $35.97USD $143.88USD

0063 Measuring Wheel

4.00 each $90.00USD $360.00USD

0064 Locking Pocket Level,360 deg.

13.00 each $25.00USD $325.00USD

0065 Torpedo Level,10"L,3 Total Vials

31.00 each $47.00USD $1,457.00USD

0066 Hand Seamer,Steel,Gray,3 in. W x 8 in. L

6.00 each $19.82USD $118.92USD

0067 Crimper,22 to 10 AWG,9" L

6.00 each $30.02USD $180.12USD

0068 Diagonal Cutters,Serrated,Jaw 13/16" L

5.00 each $10.10USD $50.50USD

0069 Diagonal Cutters,Serrated,Jaw 15/16" L

5.00 each $22.46USD $112.30USD

0070 Tongue and Groove Plier,10" L

20.00 each $20.00USD $400.00USD

0071 Tongue and Groove Plier,20" L

20.00 each $66.67USD $1,333.40USD

0072 Oil Filter Pliers, Adjustable, Metal

20.00 each $23.00USD $460.00USD

0073 Tongue and Groove Plier Set,Reaming,2Pcs

20.00 set $29.32USD $586.40USD

0074 Comfort Grip Pliers Kit,3 Pieces

2.00 set $50.00USD $100.00USD

0075 End Cutting Pliers,Steel,29/64 in. Jaw L

3.00 each $28.21USD $84.63USD

0076 Fencing Plier,10-39/64" L,51/64" Jaw L

3.00 each $36.88USD $110.64USD

0077 Linemans Plier,1-39/46" Jaw Length

5.00 each $34.66USD $173.30USD

0078 Long Nose Plier,Jaw 2-1/2" L x 29/64" W

5.00 each $22.00USD $110.00USD

0079 Multi Plier,Fine Edge Blade,Red Handle

5.00 each $19.80USD $99.00USD

Page: 5 of 14

0080 Basin Wrench,1.25 in. Capacity

2.00 each $48.00USD $96.00USD

0081 Basin Wrench,2.5 in. Capacity

2.00 each $63.00USD $126.00USD

0082 Pipe Wrench,Ergonomic,Serrated,36"

2.00 each $213.57USD $427.14USD

0083 Pipe Wrench,Ergonomic,Serrated,48"

2.00 each $337.77USD $675.54USD

0084 Pipe Wrench,Ergonomic,Smooth,10"

15.00 each $43.35USD $650.25USD

0085 Offset Pipe Wrench,Ergonom,Serrated,24"

2.00 each $193.69USD $387.38USD

0086 Offset Pipe Wrench,Ergonom,Serrated,14"

2.00 each $90.00USD $180.00USD

0087 Pipe Wrench,Ergonomic,Serrated,24"

4.00 each $117.45USD $469.80USD

0088 Adj. Wrench Set,Chrome,6" and 10"

3.00 each $31.76USD $95.28USD

0089 Adj. Wrench,Steel,Chrome,15"

3.00 each $51.09USD $153.27USD

0090 Tool Bag,57 Inside Pockets,Ballistic

8.00 each $250.00USD $2,000.00USD

0091 Tool Tote,Ballistic Nylon,Gnrl Purpose

8.00 each $141.91USD $1,135.28USD

0092 Plastic,Tool Case,22 1/8 in

8.00 each $89.05USD $712.40USD

0093 Rolling Tool Box,PP,19 1/2 in,Red

8.00 each $160.00USD $1,280.00USD

0094 Plastic,Tool Case,19 11/16 in H

8.00 each $52.49USD $419.92USD

0095 Plastic,Tool Case,19.7"W x16.3"D x2.5"H

8.00 each $50.00USD $400.00USD

0096 Plastic,Tool Box,18 3/4 in

8.00 each $57.50USD $460.00USD

0097 Plastic,Tool Case,14 7/8 in

8.00 each $85.00USD $680.00USD

0098 Black,Mounting Plate,Polymer

8.00 each $30.75USD $246.00USD

0099 Curved Claw Hammer,Smooth Face,20 oz.

3.00 each $37.13USD $111.39USD

Page: 6 of 14

0100 Pry Bar Set,4 pcs.,8"/12"/18"/24" L

2.00 set $70.62USD $141.24USD

0101 Hook/Pick Set,Steel,Screwdriver,8 5/16"L

2.00 set $18.00USD $36.00USD

0102 Meter,330 ft. Max. Measuring Distance

3.00 each $223.86USD $671.58USD

0103 DriverBitSet,18pcs,AlloySteel,Shank:1/4"

11.00 set $16.02USD $176.22USD

0104 DriverBitSet,80pcs,Alloy Steel

11.00 set $35.00USD $385.00USD

0105 DriverBitSet,26pcs,Alloy Steel

11.00 set $26.92USD $296.12USD

0106 Impct Skt Adpt St,Stel,Blk Oxd,1/4in

11.00 set $18.45USD $202.95USD

0107 PortableBandSawBlade,TPI:10,PK3

2.00 each $29.90USD $59.80USD

0108 PortableBandSawBlade,TPI:24,PK3

2.00 each $27.38USD $54.76USD

0109 PortableBandSawBlade,TPI:10/14,PK3

2.00 each $28.91USD $57.82USD

0110 PortableBandSawBlade,TPI:8/10,PK3

2.00 each $20.83USD $41.66USD

0111 PortableBandSawBlade,TPI:12/14,PK3

2.00 each $22.00USD $44.00USD

0112 CircularSawBlade,Carbide,Dia:8.25"

3.00 each $16.95USD $50.85USD

0113 CircularSawBlade,Carbide,Dia:8.25"

3.00 each $27.25USD $81.75USD

0114 CircularSawBlade,Carbide,Dia:12"

4.00 each $46.08USD $184.32USD

0115 CircularSawBlade,Carbide,Dia:12"

4.00 each $65.63USD $262.52USD

0116 CircularSawBlade,Carbide,Dia:12",PK2

4.00 each $85.64USD $342.56USD

0117 Circular Saw Blade,5 3/8 in,50 Teeth

2.00 each $40.46USD $80.92USD

0118 CircularSawBlade,Carbide,Dia:5 3/8"

2.00 each $31.24USD $62.48USD

0119 CircularSawBlade,Carbide,Dia:8"

2.00 each $55.80USD $111.60USD

0120 CircularSawBlade,Carbide,Dia:8"

2.00 each $61.33USD $122.66USD

Page: 7 of 14

0121 Thick Kerf Circ Bld Bulk 10 7-1/4 In.

10.00 each $10.28USD $102.80USD

0122 CircularSawBlade,Carbide,Dia:7.25"

10.00 each $9.60USD $96.00USD

0123 CircularSawBlade,Carbide,Dia:7.25"

3.00 each $17.57USD $52.71USD

0124 CircularSawBlade,Carbide,Dia:7.25"

3.00 each $20.81USD $62.43USD

0125 M12 Rivet Tool Retention Nose Pieces 4PK

1.00 set $30.40USD $30.40USD

0126 SDS+ 5/8 in. x 10 in. Ground Rod Driver

1.00 each $30.00USD $30.00USD

0127 Step Drill Bit Set,HSS,1/8-1-1/8 In,6 pc

11.00 set $244.00USD $2,684.00USD

0128 OscillatingScraperBlade,L:3.75"

0129 OscillatingScraperBlade,L:3",DiamondGrit

2.00 each $12.44USD $24.88USD

0130 OscilToolBladeSet,9pcs,W:1.375"to3.5"

2.00 set $55.00USD $110.00USD

0131 Press Jaw Kit,Steel,6.22" L Overall

1.00 set $2,530.89USD $2,530.89USD

0132 Knockout Set,14,10 ga. Steel

2.00 set $469.18USD $938.36USD

0133 Knockout Set,9,10 ga. Steel

1.00 set $1,167.25USD $1,167.25USD

0134 Stripping Bushing,Aluminum,THHN/XHHW

2.00 set $443.15USD $886.30USD

0135 Bushing Kit,Copper,THHN/XHHW

2.00 set $457.59USD $915.18USD

0136 Drywall Collated Magazine Attachment

2.00 each $92.00USD $184.00USD

0137 Dust Kit For Panel Saw, Panel Router

2.00 each $314.36USD $628.72USD

0138 Wheels For Vertical Panel Saws

2.00 each $76.00USD $152.00USD

0139 Right Angle Attachment,9 1/2 in L

4.00 each $56.18USD $224.72USD

0140 OscillatingScraperBlade,W:2"

2.00 each $11.00USD $22.00USD

Page: 8 of 14

0141 OscillatingToolBlade,L:3 11/16",Steel

2.00 each $14.00USD $28.00USD

0142 Polishing Pad,8 In,Foam

2.00 set $9.70USD $19.40USD

0143 Polishing Pad,8 In,Foam

2.00 set $9.70USD $19.40USD

0144 7 in. Wool Cutting Pad

2.00 set $17.00USD $34.00USD

0145 Cartridge Filter For Shop Vacuum,PK2

9.00 each $50.00USD $450.00USD

0146 Cartridge Filter,Paper,Non-Reusable,PK3

2.00 each $95.00USD $190.00USD

0147 SandingSheetSet,15sheets,L:9.9375"

2.00 set $27.61USD $55.22USD

0148 DiamondSawBlade,Diam:9",Arbor:5/8",7/8"

2.00 each $35.48USD $70.96USD

0149 DiamondSawBlade,Diam:9",Thick:0.63"

4.00 each $88.73USD $354.92USD

0150 DiamondSegmentCupGrindingWheel,Dia:7"

2.00 each $56.87USD $113.74USD

0151 DiamondSawBlade,Diam:9",Thick:0.63"

2.00 each $88.73USD $177.46USD

0152 Cutting Wheel,4-1/2"X.045"X7/8",Type 1

30.00 each $2.20USD $66.00USD

0153 DepressedGrindWhl,7/8"CN,UnthreadHle

30.00 each $13.44USD $403.20USD

0154 DriverBitSet,80pcs,Alloy Steel

10.00 set $35.00USD $350.00USD

0155 Milwaukee,29 pcs.,Cobalt Red Helix Kit

5.00 set $135.00USD $675.00USD

0156 ReciproSawBlade Set,L:6",9",TPI:5

5.00 set $23.26USD $116.30USD

0157 Level,Aluminum,24"

2.00 each $10.66USD $21.32USD

0158 Torpedo Level,7"L,3 Total Vials,Magnetic

2.00 each $36.05USD $72.10USD

0159 Box Level,Aluminum,72 In,Red

2.00 each $146.77USD $293.54USD

0160 Milwaukee Masters Set-Mag

2.00 set $408.35USD $816.70USD

0161 Soffit Square,Steel,8in. L x 1in. W

2.00 each $20.68USD $41.36USD

Page: 9 of 14

0162 Trim Square 4-1/2 in.

2.00 each $13.00USD $26.00USD

0163 Rafter Square,Aluminum,SAE

2.00 each $16.70USD $33.40USD

0164 Framing Square,Aluminum,Metric

0165 Rafter Square,Aluminum,18cm

2.00 each $15.72USD $31.44USD

0166 Guide Rail Clamps,8 1/4" L

10.00 set $39.21USD $392.10USD

0167 Metal Cutting Chop Saw

3.00 each $586.88USD $1,760.64USD

0168 Ball Pein Hammer Set,Steel,Steel,4PC,PK4

10.00 each $133.43USD $1,334.30USD

0169 Locking C-Clamp,11",4" Cap.,4" Throat

20.00 each $24.22USD $484.40USD

0170 Tape Measure,25 ft L Blade SAE

8.00 each $25.00USD $200.00USD

0171 Hand Held Conduit Bender,Foot Pedal

2.00 each $110.00USD $220.00USD

0172 Conduit Bender

2.00 each $41.20USD $82.40USD

0173 Fish Tape

2.00 each $110.36USD $220.72USD

0174 Pull Line,PP,500 ftx3.4 in,3.4 in

5.00 each $23.99USD $119.95USD

0175 Steel Fish Tape 1/8"240ft

3.00 each $89.54USD $268.62USD

0176 Conduit Line Puller,Wet/Dry,Universal

2.00 set $70.00USD $140.00USD

Order Comments:

Compliance with Brand, Model, and Specifications:

All offered items shall be Milwaukee brand and shall match exactly the specifications, features, and model numbers provided in the links associated with each item in the quotation. Any item not identical to the one in the respective link provided in the quotation shall be considered non-compliant and will be rejected.

TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM 17h) $56,070.65USD

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE

TERMS AND CONDITIONS LISTED ON FOLLOWING PAGE. OPTIONAL FORM 348 (REV. 9/2012)

Prescribed by GSA - FAR (48 CFR) 53.213(f)

Page: 10 of 14

Terms and Conditions

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727).

However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

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(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

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(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records.

The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 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.

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(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an 'I agree' click box or other comparable mechanism (e.g., 'click-wrap' or 'browse-wrap' agreements), execution does not bind the Government or any Government authorized end user to such clause.

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

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

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

(End of clause)

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