2.2.1 70FB7023R00000012 7-18-2023.pdf

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

70FB70

3RD FLOOR

500 C STREET SW

FEDERAL EMERGENCY MANAGEMENT AGENCY

FEMA-INCIDENT SUPPORT SECTION

FEMA CODE 16. ADMINISTERED BYCODE

X

X

X

811111

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR70FB70

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/17/2023 1100 ET

07/18/2023

Ebenezer Wilson (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70FB7023R00000012

5. SOLICITATION NUMBER

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

1 92 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

WASHINGTON DC 20472

TELEPHONE NO.

17a. CONTRACTOR/

WASHINGTON DC 20472

500 C STREET SW

FEDERAL EMERGENCY MANGEMENT AGENCY

FEMA

15. DELIVER TO

WASHINGTON DC 20472

3RD FLOOR

500 C STREET SW

FEDERAL EMERGENCY MANAGEMENT AGENCY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$9

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 SCHEDULEX

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)

FEMA-INCIDENT SUPPORT SECTION

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 purpose of this solicitation is to establish a single award hybrid contract with Firm-Fixed Price and Cost Reimbursement Contract Line Items (CLINs). The Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) has a requirement for Vehicle and Equipment Maintenance for the Continental United States (CONUS) National Fleet Equipment (CNFE) in support of FEMA's Logistics Management Directorate (LMD) Fleet Maintenance Program.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Danyelle Wilcox

. 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. ADDENDA

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.

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.

The anticipated contract will be a 100% total

Small Business set aside to contractor that provide the best value to the Government.

Period of Performance: 11/13/2023 to 11/12/2028

0001 Base Year - CLIN 0001 - Labor (FFP) - Monday –

Friday, 5 days a week 52 weeks per year at each location excluding Federal Holidays.

Project Manager (1)

Motor Vehicle Mechanic (Jr.) Atlanta (5)

Motor Vehicle Mechanic (Sr.) Atlanta (1)

Heavy Equipment Mechanic (Jr.) Fort Worth (5)

Heavy Equipment Mechanic (Sr.) Fort Worth (1)

Motor Vehicle Mechanic (Jr.) Greencastle (3)

Motor Vehicle Mechanic (Sr.) Greencastle (1)

Motor Vehicle Mechanic (Jr.) Tracey (5)

Motor Vehicle Mechanic (Sr.) Tracey (1)

Motor Vehicle Mechanic (Jr.)

Heavy Equipment Mechanic (Sr.)

Motor Vehicle Mechanic (Jr.)

Heavy Equipment Mechanic (Sr.)

Product/Service Code: J023

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- GROUND EFFECT VEHICLES, MOTOR

VEHICLES, TRAILERS, AND CYCLES

0002 Base Year - CLIN 0002 - Repairs (CR - Not to

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

92 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 92

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FB7023R00000012

Exceed $1,550,000.00)

Scheduled/Unscheduled Repairs and Approval

Required by COR/Technical Monitors/CO (PWS

Section 4.2)

Product/Service Code: J023

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- GROUND EFFECT VEHICLES, MOTOR

VEHICLES, TRAILERS, AND CYCLES

0003 Base Year - CLIN 0003 - DOT Inspections (PWS

Section 4.3) (CR Not to Exceed $200,000.00)

Product/Service Code: J023

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- GROUND EFFECT VEHICLES, MOTOR

VEHICLES, TRAILERS, AND CYCLES

1001 Option Year 1 - CLIN 1001 - Labor (FFP) - Monday

– Friday, 5 days a week 52 weeks per year at each location excluding Federal Holidays.

Project Manager (1)

Motor Vehicle Mechanic (Jr.) Atlanta (5)

Motor Vehicle Mechanic (Sr.) Atlanta (1)

Heavy Equipment Mechanic (Jr.) Fort Worth (5)

Heavy Equipment Mechanic (Sr.) Fort Worth (1)

Motor Vehicle Mechanic (Jr.) Greencastle (3)

Motor Vehicle Mechanic (Sr.) Greencastle (1)

Motor Vehicle Mechanic (Jr.) Tracey (5)

Motor Vehicle Mechanic (Sr.) Tracey (1)

Motor Vehicle Mechanic (Jr.)

Heavy Equipment Mechanic (Sr.)

Motor Vehicle Mechanic (Jr.)

Heavy Equipment Mechanic (Sr.)

(Option Line Item)

Date Option to be Exercised 11/13/2024

Product/Service Code: J023

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- GROUND EFFECT VEHICLES, MOTOR

VEHICLES, TRAILERS, AND CYCLES

1002 Option Year 1 - CLIN 1002 - Repairs (CR - Not to

Exceed $1,550,000.00)

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 92

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FB7023R00000012

Scheduled/Unscheduled Repairs and Approval

Required by COR/Technical Monitors/CO (PWS

Section 4.2)

(Option Line Item)

Date Option to be Exercised 11/13/2024

Product/Service Code: J023

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- GROUND EFFECT VEHICLES, MOTOR

VEHICLES, TRAILERS, AND CYCLES

1003 Option Year 1 - CLIN 1003 - DOT Inspections (PWS

Section 4.3) (CR Not to Exceed $200,000.00)

(Option Line Item)

Date Option to be Exercised 11/13/2024

Product/Service Code: J023

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- GROUND EFFECT VEHICLES, MOTOR

VEHICLES, TRAILERS, AND CYCLES

2001 Option Year 2 - CLIN 2001 - Labor (FFP) - Monday

– Friday, 5 days a week 52 weeks per year at each location excluding Federal Holidays.

Project Manager (1)

Motor Vehicle Mechanic (Jr.) Atlanta (5)

Motor Vehicle Mechanic (Sr.) Atlanta (1)

Heavy Equipment Mechanic (Jr.) Fort Worth (5)

Heavy Equipment Mechanic (Sr.) Fort Worth (1)

Motor Vehicle Mechanic (Jr.) Greencastle (3)

Motor Vehicle Mechanic (Sr.) Greencastle (1)

Motor Vehicle Mechanic (Jr.) Tracey (5)

Motor Vehicle Mechanic (Sr.) Tracey (1)

Motor Vehicle Mechanic (Jr.)

Heavy Equipment Mechanic (Sr.)

Motor Vehicle Mechanic (Jr.)

Heavy Equipment Mechanic (Sr.)

(Option Line Item)

Date Option to be Exercised 11/13/2025

Product/Service Code: J023

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- GROUND EFFECT VEHICLES, MOTOR

VEHICLES, TRAILERS, AND CYCLES

2002 Option Year 2 - CLIN 2002 - Repairs (CR - Not to

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 92

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FB7023R00000012

Exceed $1,550,000.00)

Scheduled/Unscheduled Repairs and Approval

Required by COR/Technical Monitors/CO (PWS

Section 4.2)

(Option Line Item)

Date Option to be Exercised 11/13/2025

Product/Service Code: J023

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- GROUND EFFECT VEHICLES, MOTOR

VEHICLES, TRAILERS, AND CYCLES

2003 Option Year 2 - CLIN 2003 - DOT Inspections (PWS

Section 4.3) (CR Not to Exceed $200,000.00)

(Option Line Item)

Date Option to be Exercised 11/13/2025

Product/Service Code: J023

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- GROUND EFFECT VEHICLES, MOTOR

VEHICLES, TRAILERS, AND CYCLES

3001 Option Year 3 - CLIN 3001 - Labor (FFP) - Monday

– Friday, 5 days a week 52 weeks per year at each location excluding Federal Holidays.

Project Manager (1)

Motor Vehicle Mechanic (Jr.) Atlanta (5)

Motor Vehicle Mechanic (Sr.) Atlanta (1)

Heavy Equipment Mechanic (Jr.) Fort Worth (5)

Heavy Equipment Mechanic (Sr.) Fort Worth (1)

Motor Vehicle Mechanic (Jr.) Greencastle (3)

Motor Vehicle Mechanic (Sr.) Greencastle (1)

Motor Vehicle Mechanic (Jr.) Tracey (5)

Motor Vehicle Mechanic (Sr.) Tracey (1)

Motor Vehicle Mechanic (Jr.)

Heavy Equipment Mechanic (Sr.)

Motor Vehicle Mechanic (Jr.)

Heavy Equipment Mechanic (Sr.)

(Option Line Item)

Date Option to be Exercised 11/13/2026

Product/Service Code: J023

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- GROUND EFFECT VEHICLES, MOTOR

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

6 92

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FB7023R00000012

VEHICLES, TRAILERS, AND CYCLES

3002 Option Year 3 - CLIN 3002 - Repairs (CR - Not to

Exceed $1,550,000.00)

Scheduled/Unscheduled Repairs and Approval

Required by COR/Technical Monitors/CO (PWS

Section 4.2)

(Option Line Item)

Date Option to be Exercised 11/13/2026

Product/Service Code: J023

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- GROUND EFFECT VEHICLES, MOTOR

VEHICLES, TRAILERS, AND CYCLES

3003 Option Year 3 - CLIN 3003 - DOT Inspections (PWS

Section 4.3) (CR Not to Exceed $200,000.00)

(Option Line Item)

Date Option to be Exercised 11/13/2026

Product/Service Code: J023

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- GROUND EFFECT VEHICLES, MOTOR

VEHICLES, TRAILERS, AND CYCLES

4001 Option Year 4 - CLIN 4001 - Labor (FFP) - Monday

– Friday, 5 days a week 52 weeks per year at each location excluding Federal Holidays.

Project Manager (1)

Motor Vehicle Mechanic (Jr.) Atlanta (5)

Motor Vehicle Mechanic (Sr.) Atlanta (1)

Heavy Equipment Mechanic (Jr.) Fort Worth (5)

Heavy Equipment Mechanic (Sr.) Fort Worth (1)

Motor Vehicle Mechanic (Jr.) Greencastle (3)

Motor Vehicle Mechanic (Sr.) Greencastle (1)

Motor Vehicle Mechanic (Jr.) Tracey (5)

Motor Vehicle Mechanic (Sr.) Tracey (1)

Motor Vehicle Mechanic (Jr.)

Heavy Equipment Mechanic (Sr.)

Motor Vehicle Mechanic (Jr.)

Heavy Equipment Mechanic (Sr.)

(Option Line Item)

Date Option to be Exercised 11/13/2027

Product/Service Code: J023

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

7 92

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FB7023R00000012

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- GROUND EFFECT VEHICLES, MOTOR

VEHICLES, TRAILERS, AND CYCLES

4002 Option Year 4 - CLIN 4002 - Repairs (CR - Not to

Exceed $1,550,000.00)

Scheduled/Unscheduled Repairs and Approval

Required by COR/Technical Monitors/CO (PWS

Section 4.2)

(Option Line Item)

Date Option to be Exercised 11/13/2027

Product/Service Code: J023

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- GROUND EFFECT VEHICLES, MOTOR

VEHICLES, TRAILERS, AND CYCLES

4003 Option Year 4 - CLIN 4003 - DOT Inspections (PWS

Section 4.3) (CR Not to Exceed $200,000.00)

(Option Line Item)

Date Option to be Exercised 11/13/2027

Product/Service Code: J023

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- GROUND EFFECT VEHICLES, MOTOR

VEHICLES, TRAILERS, AND CYCLES

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

SECTION B – SUPPLIES, SERVICES, AND PRICES

B.1 ITEMS TO BE ACQUIRED

The Federal Emergency Management Agency (FEMA) mission is “Helping people before, during and after disasters”. Throughout the Contiguous United States (CONUS) LMD must be ready to respond with minimal launch time, therefore it is essential that LMD's Contiguous United States National Fleet

Equipment (CNFE) is always Fully Mission Capable (FMC). This often means operating in austere or hazardous conditions which may result in the damage to fleet equipment. When this occurs, it is critical that equipment is returned to an FMC status as soon as possible to continue the response effort.

The objective is to establish a single award hybrid contract with Firm-Fixed Price and Cost

Reimbursement Contract Line Items (CLINs) to procure Vehicle and Equipment Maintenance for the

Continental United States (CONUS) National Fleet Equipment (CNFE).

B.2 PRICE SCHEDULE

Offerors must use Attachment D, Price Template to provide pricing. If Attachment D is not utilized, the proposal is deemed NONRESPONSIVE.

B.3 CONTRACT TYPE

The Government intends to a single award hybrid contract with Firm-Fixed Price and Cost

Reimbursement CLINs.

B.4 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Contracting Officer (CO):

Name: Danyelle Wilcox

Email: Danyelle.Wilcox@fema.dhs.gov

Contract Specialist (CS):

Name: Ebenezer Wilson

Email: Ebenezer.Wilson@fema.dhs.gov

Contracting Officer Representative (COR):

Name: To Be Determined at time of Award

Phone:

Email:

B.5 PERIOD OF PERFORMANCE

The period of performance of the contract will be one (1) 12-month base period with four (4) 12-month option periods.

B.6 PLACE OF PERFORMANCE

The contractor shall perform the work under this solicitation as outlined in the Performance Work

Statement (PWS) section 1.6 Place of Performance.

B.7 BILING INSTRUCTIONS

mailto:Danyelle.Wilcox@fema.dhs.gov mailto:Ebenezer.Wilson@fema.dhs.gov

Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than

Personal) located at http://www.gsa.gov/portal/forms/type/SF when submitting a payment request. A payment request means any invoice or request for contract financing payment requesting reimbursement for supplies or services rendered. The Contractor shall not be paid more frequently than on a monthly basis.

Contractors must submit vouchers electronically in pdf format to the FEMA Finance Center at FEMA-

Finance-Vendor-Payments@fema.dhs.gov. A copy of the voucher must be submitted electronically to the contracting officer identified within this contract. The submission of vouchers electronically will reduce correspondence and other causes for delay to a minimum and will facilitate prompt payment to the Contractor. Paper vouchers mailed to the finance center will not be processed for payment. If the

Contractor is unable to submit a payment request in electronic form, the contractor shall submit the payment request using a method mutually agreed to by the Contractor, the Contracting Officer, and the payment office.

B.8 INVOICE INSTRUCTIONS

The contractor shall submit a monthly invoice upon delivery and acceptance of all supplies or services as specified in the Section B clause, “Consideration and Payment”. Invoices shall be submitted as follows:

Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than

Personal) and SF 1035 Continuation sheet when requesting payment for supplies or services rendered.

The voucher must provide a description of the supplies or services, by line item (if applicable), quantity, unit price, and total amount. The item description, unit of measure, and unit price must match those specified in the contract. Invoices that do not match the line-item pricing in the contract will be considered improper and will be returned to the Contractor.

SF 1034 and 1035 instructions: SF 1034 – Fixed Price

The information which a contractor is required to submit in its Standard Form 1034 is set forth as follows:

(1) U.S. Department, Bureau, or establishment and location insert the names and address of the servicing finance office unless the contract specifically provides otherwise.

(2) Date Voucher Prepared - insert date on which the public voucher is prepared and submitted.

(3) Contract/Delivery Order Number and Date - insert the number and date of the contract and delivery order, if applicable, under which reimbursement is claimed.

(4) Requisition Number and Date - leave blank.

(5) Voucher Number - insert the appropriate serial number of the voucher. A separate series of consecutive numbers, beginning with Number 1, shall be used by the contractor for each new contract.

When an original voucher was submitted, but not paid in full because of suspended costs, resubmission vouchers should be submitted in a separate invoice showing the original voucher number and designated with the letter "R" as the last character of the number. If there is more than one resubmission, use the appropriate suffix (R2, R3, etc.)

(6) Schedule Number; Paid By; Date Invoice Received - leave blank.

(7) Discount Terms - enter terms of discount, if applicable.

(8) Payee's Account Number - this space may be used by the contractor to record the account or job number(s) assigned to the contract or may be left blank.

(9) Payee's Name and Address - show the name of the contractor exactly as it appears in the contract and its correct address, except when an assignment has been made by the contractor, or the right to receive payment has been restricted, as in the case of an advance account. When the right to receive payment is restricted, the type of information to be shown in this space shall be furnished by the

Contracting Officer.

(10) Shipped From; To; Weight Government B/L Number - insert for supply contracts.

(11) Date of Delivery or Service - show the month, day and year, beginning and ending dates of supplies or services delivered.

(12) Articles and Services - insert the following: "For detail, see Standard Form 1035 total amount claimed transferred from Page of Standard Form 1035.”

B.9 DEFECTIVE OR IMPROPER INVOICES (JUN 2014)

Name, title, phone number, and email of officials of the business concern who are to be notified when the Government receives an improper invoice.

Contractor to provide point of contact information

B.10 MODIFICATIONS

Under this contract, the CO is the only Government official authorized to make changes via a Standard

Form 30. Only a duly appointed FEMA CO is authorized to change the specifications, terms, and conditions of this contract.

B.11 KICK-OFF/POST AWARD CONFERENCE/PERIODIC PARTNERING MEETINGS

The Contractor must be required to participate in a Post Award Conference with the CO and the COR no later than 3 business days after the date of award. The purpose of the Post Award Conference, which will be chaired by the CO, is to discuss technical and contracting objectives of this contract. The

Post Award Conference will be held via teleconference. The Contractor agrees to attend any post award meetings convened by the contracting activity or contract administration office in accordance with

Federal Acquisition Regulation Subpart 42.5.

The CO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced.

B.12 NOTIFICATION OF DEBARMENT AND SUSPENSION

The Contractor must provide immediate notice to the CO in the event that the Contractor or a subcontractor is suspended, debarred or declared ineligible by any Federal government Agency or

Department, or upon receipt of a notice of proposed debarment from any Federal Agency or

Department.

B.13 DISASTER ASSISTANCE ACTIVITIES

In accordance with FAR 26.2, Contractors shall give preference to the maximum extent feasible and practicable to local firms. Preference may be given through a local area set-aside or an evaluation preference.

B.14 FAR 52.232-18 AVAILABILITY OF FUNDS (Apr 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

SECTION C – CONTRACT CLAUSES

C.1 52.202-1 DEFINITIONS (JUN 2020)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal

Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless-

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

(d) The word or term is defined in FAR part 31, for use in the cost principles and procedures; or

(e) The word or term defines an acquisition-related threshold, and if the threshold is adjusted for inflation as set forth in FAR 1.109(a), then the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment; see FAR

1.109(d).

C.2 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (Jan 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget

(OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of clause)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

(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;

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(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.

https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.212-5#FAR_52_212_5

(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.

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

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(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.

https://www.acquisition.gov/far/32.608-2#FAR_32_608_2

(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) [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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items 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)

Alternate I (Nov 2021). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the

Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the

Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the

Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

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

(i) "Direct materials" means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) "Materials" means-

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

https://www.acquisition.gov/far/52.202-1#FAR_52_202_1

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(E) Indirect costs specifically provided for in this clause.

(iv) "Subcontract" means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the

Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the-

(1) Quantities being acquired; and https://www.acquisition.gov/far/subpart-2.1#FAR_Subpart_2_1 https://www.acquisition.gov/far/2.101#FAR_2_101

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the

Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall-

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and…