H Contracts - Attachment-FTC Clauses- no NDA Apr 08 REV03.doc

FTC Clauses and Special Provisions Applicable to this Contract ORDER OF PRECEDENCE: The following clauses and provisions shall take precedence over any conflicting terms and conditions included within the Contractor's quotation, proposal, or elsewhere.

1.

Release of Information: No FTC data shall be divulged to any unauthorized person for any purpose. The contractor shall clear with the Contracting Officer any public release of information on this contract/order, to include news stories, articles, sales literature, advertisements, radio-tv spots, etc. Any request for public release of information should be addressed to:

Federal Trade Commission

Office of Public Affairs

News Director

600 Pennsylvania Avenue NW Washington DC 20580

2.

COTR. The contractor may accept technical direction, during the period of performance from the Contracting Officer(s Technical Representative (COTR), providing such direction is within the scope of the contract/order.

A. The COTR is not authorized to change the scope of work as stated in the contract/order or obligate the Government (FTC) in any way. The Contracting Officer is the only agent for the FTC who has the authority to obligate the FTC or change the contract/order terms and conditions. Any such revision or obligation shall be authorized in writing only by the Contracting Officers. Any monies incurred beyond the dollar amount specified in this contract/order or its modifications may not be paid and does not warrant interest payments as offered under the Prompt Payment Act.

B.

COTR Responsibilities: A Contracting Officer(s Technical Representative, (COTR) has been named herein. The COTR is responsible for:

(1) monitoring the contractor(s technical progress, including the assessment of performance and recommending to the Contracting Officer changes in scope of work, contract/order schedules and/or specifications to meet changes in requirement;

(2) advising on technical matters within the scope of work;

(3) performing technical evaluation as required;

(4) performing technical inspections and acceptances required by this contract/order; and

(5) assisting the contractor in the resolution of technical problems encountered during performance.

3.

Payment: Original invoices are to be submitted to the billing office identified below.For purposes of this contract/order the designated payment office is:

Regular Mail:

Express Mail:

FTC Payment Unit DOI - National Business Center - FTC c/o National Business Center 7301 W. Mansfield Ave.

PO Box 272040 Accounting Operations Branch, D-2730 Denver, CO 80227-2040 Denver, CO 80235-2230 E-mail:

FTCPayment_NBCDENVER@NBC.GOV (do not include banking information as the e-mail address is not a secure site).

NOTE: A duplicate invoice shall be provided to the COTR and the Contracting Officer as listed on the award documents. Mail to Washington D.C. is still being processed through special irradiation processes thereby delaying delivery times. It is advised that documents sent to FTC personnel in Washington D.C. be submitted either electronically via email or by use of a delivery service (ex: FedEx, UPS, DHL, Courier, etc.).

4.

Invoice Requirements: All Invoices must include the following information:

A. Name and address of contractor.

B. Invoice Date.

C. FTC Contract/Order Number

D. Line Item(s) being invoiced. [When applicable, Name, title, hourly rate and hours charged to each labor category for each contractor staff for the current month for the applicable sub-part.] E. Any corrections to previous month(s charges for an applicable sub-part will be reported separately and clearly with a narrative.

F. Any information or documentation required by provision of the contract/order.

NOTE: Contractor payment/financial information is obtained through the Central Contractor Registration (CCR) Database. It is the contractor's responsibility to ensure that the CCR contains accurate payment information. Invoices paid late because of inaccurate CCR information are not subject to interest payments under the Prompt Payment Act.

5.

Packaging and Marking

A. Packing for all deliverable items shall be in accordance with the best commercial practices to insure safe delivery at destination.

B. Distribution and Marking shall be as follows:

Federal Trade Commission

Attention: (Insert COTR name and mailstop) 600 Pennsylvania Avenue NW Washington DC 20580

C. Deliveries to the FTC Warehouse:

Address: 8405-8407 Ardmore Ardwick Road, Landover, Maryland 20785

Delivery Days/Hours are Monday - Friday from 7:00am - 4:00pm (Eastern Standard Time)

Phone (301) 583-7820, or 301- 583-7822. The number for the loading dock is (301) 583-7823. The FAX number is (301) 583-7821

NOTE: All deliveries must be palletized.

6.

Inspection and Acceptance: Inspection and Acceptance will be accomplished by the COTR for services performed and/or products delivered.

7. FTC Observance of Legal Holidays - Facility Closures:

A. The Federal Trade Commission observes the following days as holidays: New Year’s Day, Martin Luther King’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day designated by Federal law, Executive Order, or Presidential Proclamation.

B. When any such day falls on a Saturday or Sunday, the preceding Friday or the following Monday is observed, respectively.

JANUARY 2008 REV02 Page 3 of 3