47QSWB18A1717_RFQ.pdf

PDF 376 KB Posted Oct 31, 2018

Attached to: Safety Helmets Federal contract opportunity
Solicitation number: 47QSWB-18-A-1717
Issued by: GSA Federal Acquisition Service

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RFQ 47QSWB-18-A-1717

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS-SMALL PURCHASE SET-ASIDE (52.219-6)

PAGE OF PAGES

1 | 32

1. REQUEST NO.

47QSWB-18-A-1717

2. DATE ISSUED

September 25, 2018

3. REQUISITION/PURCHASE

REQUEST NO. SEE BELOW

4. CERT. FOR NAT. DEF. UNDER BDSA

REG. 2 AND/OR DMS REG. 1

RATING

General Services Administration Southwest Supply & Acquisition Center (7QSBPA-T9) 819 Taylor Street, Room 7A37 Fort Worth, TX 76102-6105

30 Days ARO

5B. FOR INFORMATION CALL: (NO COLLECT CALLS) 7. DELIVERY

NAME TELEPHONE NUMBER/EMAIL FOB DESTINATION OTHER

(SEE SCHEDULE OF ITEMS)

Terence Williams, Contract Officer terence.williams@gsa.gov

AREA CODE

NUMBER

850.8116

9. DESTINATION

TO BE SHOWN ON EACH ORDER ISSUED AGAINST

RESULTING BLANKET PURCHASE AGREEMENT

8. TO:

a. NAME OF CONSIGNEE

a. NAME b. COMPANY

b. STREET ADDRESS

c. STREET

c. CITY

d. CITY

e. STATE

f. ZIP

d. STATE

e. ZIP

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5A ON

OR BEFORE CLOSE OF BUSINESS (Date)

October 3, 2018 1:00 PM Central

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

THIS REQUEST FOR QUOTATION, IF ACCEPTED BY THE GOVERNMENT, WILL RESULT IN A SINGLE-AWARD BLANKET PURCHASE AGREEMENT (BPA) BEING ESTABLISHED AGAINST YOUR SCHEDULE 84, SIN 633 45 or SCHEDULE 51V, SIN 105 002 MULTIPLE AWARD SCHEDULE (MAS) FEDERAL SUPPLY SCHEDULE CONTRACT WITH THE SAME TERMS AND CONDITIONS.

A. The period covered by the BPA will begin at the date of award through the expiration date of your MAS contract, not to exceed a one-year base period with four, one-year option periods. The estimated quantities for the BPA are indicated on page(s) 4-5 of this RFQ. However, since demand can fluctuate significantly up or down due to market conditions, the agreement will be awarded as not to exceed $250,000 over the period of performance mentioned above. There is no guaranteed minimum number of orders or quantities under the agreement and it is possible that orders and quantities could be significantly less than estimated. The BPA will be reviewed at least once a year prior to exercising an option.

B. The Estimated Total Quantities listed in the Schedule of Items were retrieved from historical data, and represent NO

GUARANTEE to the volume of purchases to be placed under any resulting BPA.

C. You may NOT submit pricing higher than your approved MAS contract price. See page(s) 26 & 27 for evaluation factors for award. The items being procured must be awarded on your MAS contract by the time established for receipt of quotes;

otherwise the quote will be determined noncompliant and rejected in its entirety.

(Continued on Page 2) SIGNED DOCUMENTS INCLUSIVE OF ALL CLAUSES ARE REQUIRED FOR AWARD. FAX will NOT be accepted.

All responsible sources may submit a quotation, which if timely received, shall be considered by the agency.

12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS b. 20 CALENDAR DAYS c. 30 CALENDAR DAYS d. CALENDAR DAYS

% % % NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF QUOTATION

a. NAME OF QUOTER SIGN QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or Print) b. TELEPHONE

c. COUNTY PHONE:

d. CITY e. STATE f. ZIP c. TITLE (Type or Print) FAX:

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (Re. 6-95) Previous edition not usable Prescribed by GSA- FAR (48CFR) 53.215-1(a)

D. The Schedule of Items is to be used in submitting price quote information. Provide the unit price per the unit of issue shown and extend the sum, including freight charges as applicable. See page(s) 4-5. Provide the unit weight and unit cube per item. See page 6.

E. The item purchase description(s) can be found on page(s) 7-13. It is the quoter’s responsibility to provide only items that fully comply with the specifications of the Item Purchase Description(s).

F. Pursuant to clause M-FSS-301-D, award will be made in the aggregate for all items. In order to qualify for an award, prices must be submitted on each NSN listed. The total BPA price will be considered for award.

G. This is ONLY a request for pricing. Delivery orders will be issued pursuant to the evaluation of the quotations received. DO

NOT SHIP on this RFQ.

H. Price increases, regarding any subsequent BPA, will be a matter for negotiation.

I. The Government intends to award on initial quotation.

J. The Government will seek price reductions on this BPA in accordance with FAR 8.405-4.

K. Contractor’s past performance will be considered for evaluation. See page(s) 26 & 27.

L. SUPPLEMENTAL DOCUMENTATION REQUIRED:

1. FEDERAL SUPPLY SCHEDULE PRICE LIST. Provide a copy of your most recent authorized Federal Supply Schedule Price List and Cover Sheet in order for the Government to verify the item(s) is on your MAS Schedule at the time of RFQ closing. Please be sure to identify the item(s) you are offering within the copy of your price list. (Items must be on your MAS Contract prior to submitting your quote).

2. DESCRIPTIVE LITERATURE/DRAWINGS. Clear identification is the sole responsibility of the quoter and descriptive literature for ALL the products being offered is required at the time of quote. The Government will use this descriptive literature as a means of verifying product compliance with the Item Purchase Description(s) (IPDs). Pursuant to FAR 52.211-6 Brand Name of Equal, if you are quoting an “equal” item, your quote must provide sufficient literature identifying the page and paragraph where the information can be found to show compliance with each salient feature. The Government reserves the right to seek additional information/clarification about the descriptive literature being provided.

**FAILURE TO PROVIDE #2 ABOVE WILL CAUSE YOUR QUOTE NOT TO BE CONSIDERED FOR AWARD**.

M. Following is how you can obtain specifications:

FED Specs — GSA Federal Supply Service Specifications Section, Ste. 8100, 470 E. L’Enfant Plaza, SW, Washington, DC 20407 [Telephone 202-619-8925, FAX 202-619-8978] http://assist.daps.dla.mil/online/start/ Click on “Quick Search” (left side of screen). Type the document in the "Document ID" field and hit submit. You do not need a password.

MIL Specs — Department of Defense Single Stock Point (DoDSSP), Bldg. 4,Section D, 700 Robbins Ave., Philadelphia, PA 19111- 5094 [Telephone 215-697-2667/2179, FAX 215-697-1462] Web Site www.dsp.dla.mil Click on “Online Specs” or http://assist.daps.dla.mil/online/start/ Click on “Quick Search” (left side of screen). Type the document in the "Document ID" field and hit submit. You do not need a password.

ANSI Standards — American National Standards Institute, Inc., 11 West 42nd Street, 13th Floor, New York, NY 10036 [Telephone 212-642-4900]

ASTM — American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 [Telephone 610- 832-9585, FAX 610-832-9555] Web Site: www.astm.org, email: service@astm.org. (ASTM does charge for their services)

Recycled Material — Two sites for information related to the Comprehensive Procurement Guidelines and Recovered Materials Advisory Notices: www.epa.gov/cpg

Commercial Item Descriptions - http://assist.daps.dla.mil/online/start/ Click on “Quick Search” (left side of screen). You do not need a password.

N. There will be no minimum order amount under this Blanket Purchase Agreement.

O. These NSNs will be awarded with FOB Destination pricing to all CONUS locations.

P. Deliveries to civilian activities: Supplies shall be marked in accordance with Federal Standard 123, edition in effect on the date of issuance of the solicitation.

Deliveries to military activities: Supplies shall be marked in accordance with Military Standard 129, edition in effect on the date of issuance of the solicitation.

Q. This BPA can be cancelled by either party with a 30 day written notice.

R. The awardee will be required to ship direct to APO/FPO addresses (state side addresses will no longer be provided) and to naval ships, when they receive orders that indicate this type of ship to addresses. This is a mandatory requirement.

S. If supplies shipped are not packaged, packed, and marked in accordance with contract requirements, the Government has the right, without prior notice to the Contractor, to perform the required repackaging/repacking/remarking, by contract or otherwise, and charge the Contractor therefore at the following rates:

First Hour - $150.00 Each Additional Hour - $70.00

A minimum of two hours is required for each incident, making the minimum charge for remarking $220.00

The Contractor may also be charged for material costs, if incurred. This right is not exclusive, and is in addition to other rights or remedies provided for in this contract. The rates above shall be determined and may be periodically updated by the Commissioner, Federal Acquisition Service, or a designee."

Signature Date

T. GSA’s Order Management Service (OMS) will process orders utilizing only Electronic Data Interchange (EDI) or Vendor Portal

(VP). Facsimile transmitted orders will no longer be an option.

EDI provides for fully electronic processing of all ordering transactions VP provides an internet portal for vendors to retrieve orders and manually input transactional data.

EDI is the preferred business transaction processing method, but vendors with small order volumes and less technical proficiency may use VP for reasons of lower overall costs and/or higher implementation costs for EDI.

Vendors are hereby notified that as of January 26, 2017, all new awardees are required to select either Electronic Data Interchange (EDI) or OMS Vendor Portal (VP) to interface with GSA Global Supply on receiving orders resulting from their award. EDI is the preferred method of order transmission to our vendors but OMS Vendor Portal is an acceptable means of transmission.

Vendors are required to review the instructions regarding enrollment in either one of these systems and processes contained in Attachment 1 of this solicitation/RFQ.

Enrollment in either program is required upon award and must be requested no later than 5 days after receipt of award. Failure to enroll may cause your award to be cancelled or terminated.

For further instructions on how to enroll in either program please contact the following:

EDI: GSAEDI@gsa.gov or EDI Help Desk at 703-605-9444 Vendor Portal: Gee.Jeon@gsa.gov or NCSC at 800-488-3111

SCHEDULE OF ITEMS

Use the Schedule of Items below to submit your quoted prices. Quoters who have FOB Destination pricing on their Multiple Award Schedule (MAS) contract shall provide pricing for each item listed in “TABLE 1”. Quoters who have FOB Origin pricing on their MAS contract shall provide separate pricing for the product and transportation (shipping and handling) costs for each item listed in “TABLE 2”. The total BPA price (one, 12-month base period and four, 12-month option periods) will be considered for award.

Complete only one of the “Tables” listed below based on the delivery terms of your MAS contract.

TABLE 1: For MAS Contracts Awarded with FOB Destination Terms

NAICS Code: 339113 750 Employees

Item No.

NSN/Description

Country of Origin, Manufacturer’s Name, and Part Number

Est’d Orders

(12-Month)

Est’d Qty.

(12- Month)

Unit of Issue

Total Destination

BPA Unit Price

(Including Freight)

Total Destination BPA

Unit Price (Est’d 12- Month

Qty. x Total Destination BPA

Unit Price

CONUS

NSN: 8415-00-935-1901

Safety Helmet IPD Attached

37 389

10 Helmets

CONUS

NSN: 8415-00-935-3134

26 59

NSN: 8415-00-935-3135

24 57

NSN: 8415-00-935-3136

25 79

NSN: 8415-00-935-3137

54 240

Annual BPA Total (Total Destination BPA Unit Price X Est. 12-month Qty. for Each Item) $

Total BPA Price (Annual BPA Total X 5 Years) $

* Total unit price for award determination is unit origin price plus the unit transportation costs. Unit transportation costs must be included in the total destination unit price.

TABLE 2: For MAS Contracts Awarded with FOB Origin Terms

NAICS Code: 339113 750 Employees Item No.

NSN/Description

Country of Origin, Manufacturer’s Name, and Part Number Est’d

Orders (12-

Month)

Est’d Qty.

(12-

Month)

Unit of Issue

Per Unit

BPA

Price

Per Unit

Shippi ng &

Handli ng

Total Destination BPA Price

(Est’d 12- Month Qty. x Per Unit BPA

Price)

NSN: 8415-00-935-1901

37 389

NSN: 8415-00-935-3134

26 59

NSN: 8415-00-935-3135

24 57

NSN: 8415-00-935-3136

25 79

NSN: 8415-00-935-3137

54 240

10 Helmets

Annual BPA Total (Total Destination BPA Unit Price X Est’ 12-month Qty. for Each Item) $

Total BPA Price (Annual BPA Total X 5 Years) $

1 Unit Weight:

Unit Cube:

2 Unit Weight:

3 Unit Weight:

4 Unit Weight:

5 Unit Weight:

DESCRIPTIONS/SPECIFICATIONS

1. NSN: 8415-00-935-1901

HELMET, SAFETY (CONSTRUCTION WORKER'S): Shall be Mine Safety MSA V-GARD P/N 454732 & 88128, or equal, and in accordance with ANSI/ISEA Z89.1-2014 American National Standard for Industrial Head Protection with the following characteristics:

Type I - Helmet intended to reduce the force of impact resulting from a blow only to the top of the head Class E – Electrical; helmet intended to reduce the danger of contact exposure to high voltage conductors; Shall be proof-tested at 20,000 volts (phase to ground)

Features - Suspension system, headband, adjustable nape and chin straps

Style - Hat, full brim, without headlamp clips Size - Adjustable to fit hat size 6-1/2 inches to 8 inches Color - Blue

Unit of Issue: BX (10 helmets to a box)

NOTE: ANSI/ISEA standards are available from American National Standards Institute, 25 W 43rd Street, 4th floor, New York, New York 10036; phone 212- 642-4980; fax 212-302-1286; e-mail infor@ansi.org; URL http://webstore.ansi.org/default.aspx.

PRODUCT CONFORMANCE: The products provided shall meet the salient characteristics of this purchase description, conform to the producer’s own drawings, specifications, standards, and quality assurance practices and be the same product offered for sale in the commercial market. The government reserves the right to require proof of such conformance.

MARKING: Shipments to GSA and other civilian agencies shall be marked in accordance with FED-STD-123. Shipments to the Department of Defense (DOD) shall be marked in accordance with MIL-STD-129.

PRIME PACKAGING: Packaging and packing requirements in this item purchase description are unique at the request of the U.S. Navy Supply Systems Command. This item is included in the Navy’s PLASTICS REMOVAL IN MARINE ENVIRONMENT (PRIME) PROGRAM under the U.S. Marine Plastic Pollution Research and Control Act of 1987 (MPPRCA) and the International Convention for the Prevention of Pollution from Ships Treaty (MARPOL) Annex V. Items in the (PRIME) program prohibit the use of plastic packaging, void fill other than Kraft paper, and tape when plastics are defined in ASTM D883- 00, “Standard Terminology Related to Plastics”. The package shall be the same as that normally provided by the supplier and the pack shall comply with the rules and regulations applicable to the mode of transportation except that the use of plastic packing materials, void fill other than Kraft paper, and pressure sensitive tapes are prohibited.

PREPARATION FOR DELIVERY: The item(s) shall be packaged and packed to afford adequate protection against physical damage during shipment from the supplier to the first receiving activity. The pack shall comply with the rules and regulations applicable to the mode of transportation. The package shall be the same as that normally provided by the supplier. In the event a pallet or skid is used for shipping, the following notice shall apply:

Notice of special requirements for shipment to all countries that have endorsed the IPPC Guidelines for treatment of non-manufactured wood packaging: The International Plant Protection Convention (IPPC) has approved and published on March 15, 2002, “Guidelines for Regulating Wood Packaging Material in International Trade”. Countries endorsing the IPPC Guidelines can be found at the USDA.gov web site. Additionally, shipments delivered to DOD distribution facilities or freight consolidation points for eventual delivery to or through EU/IPPC countries shall comply with applicable DLA Regulation DLAD 47.305.1

2. NSN: 8415-00-935-3134

HELMET, SAFETY (CONSTRUCTION WORKER'S): Shall be Mine Safety Appliances combination of MSA V-Gard P/N 463946 and 88128, or equal, in accordance with ANSI/ISEA Z89.1-2014 American National Standard for Industrial Head Protection with the following characteristics:

Features - Suspension system, headband, adjustable nape and chin straps

Style - Cap, Front peak, without headlamp clips Size - Adjustable to fit hat size 6-1/2 inches to 8 inches Color - Green

Unit of Issue: BX (10 helmets to a box)

MARKING: Shipments to GSA and other civilian agencies shall be marked in accordance with FED-STD-123. Shipments to the Department of Defense (DOD) shall be marked in accordance with MIL-STD-129.

3. NSN: 8415-00-935-3135

combination of MSA V-Gard P/N 464658 and 88128, or equal, in accordance with ANSI/ISEA Z89.1-2014 American National Standard for Industrial Head Protection with the following characteristics:

Features - Suspension system, headband, adjustable nape and chin straps

Style - Cap, Front peak, without headlamp clips Size - Adjustable to fit hat size 6-1/2 inches to 8 inches Color - Brown

Unit of Issue: BX (10 helmets to a box)

NOTE: ANSI standards are available from American National Standards Institute, 25 W 43rd Street, 4th Floor, New York, NY 100369; phone 212-642- 4980; fax 212-302-1286; URL http://webstore.ansi.org/default.asp

MARKING: Shipments to GSA and other civilian agencies shall be marked in accordance with FED-STD-123. Shipments to the Department of Defense (DOD) shall be marked in accordance with MIL-STD-129.

4. NSN: 8415-00-935-3136

combination of MSA V-Gard P/N 463945 and 88128, or equal, in accordance with ANSI/ISEA Z89.1-2014 American National Standard for Industrial Head Protection with the following characteristics:

Features - Suspension system, headband, adjustable nape and chin straps

Style - Cap, Front peak, without headlamp clips Size - Adjustable to fit hat size 6-1/2 inches to 8 inches Color - Orange

Unit of Issue: BX (10 helmets to a box)

MARKING: Shipments to GSA and other civilian agencies shall be marked in accordance with FED-STD-123. Shipments to the Department of Defense (DOD) shall be marked in accordance with MIL-STD-129.

5. NSN: 8415-00-935-3137

combination of MSA V-Gard P/N 463947 and 88128, or equal, in accordance with ANSI/ISEA Z89.1-2014 American National Standard for Industrial Head Protection with the following characteristics:

Features - Suspension system, headband, adjustable nape and chin straps

Style - Cap, Front peak, without headlamp clips Size - Adjustable to fit hat size 6-1/2 inches to 8 inches Color - Red

Unit of Issue: BX (10 helmets to a box)

MARKING: Shipments to GSA and other civilian agencies shall be marked in accordance with FED-STD-123. Shipments to the Department of Defense (DOD) shall be marked in accordance with MIL-STD-129.

are prohibited.

END OF ITEM PURCHASE DESCRIPTION(S)

***ALL PAGES MUST BE RETURNED WITH YOUR QUOTE***

Contract Administration Data

Please provide the following information:

MAS Contract Number: GS-____________________________

Contractors’ Data Universal Numbering System (DUNS) No.: _____________________________

Quoter’s P.O.C.: __________________________________________________________________

Phone Number: ___________________________________________________________________

Fax No.__________________________________________________________________________

E-mail: __________________________________________________________________________

Are you currently setup to accept: EDI - Yes____ No____

Vendor Portal - Yes____ No____

G-FSS-900-A CONTACT FOR CONTRACT ADMINISTRATION (JAN 1994)

Offerors are required to designate a person to be contacted for prompt contract administration.

NAME ________________________________________________________________

TITLE _________________________________________________________________

ADDRESS ____________________________________________________________

__________________________________________ ZIP CODE ________________

TELEPHONE NO. (_______) _________________ FAX NO. __________________

552.211-73 MARKING (FEB 1996)

(a) General requirements. Interior packages, if any, and exterior shipping containers shall be marked as specified elsewhere in the contract. Additional marking requirements may be specified on delivery orders issued under the contract. If not otherwise specified, interior packages and exterior shipping containers shall be marked in accordance with the following standards.

(1) Deliveries to civilian activities. Supplies shall be marked in accordance with Federal Standard

123, edition in effect on the date of issuance of the solicitation.

(2) Deliveries to military activities. Supplies shall be marked in accordance with Military Standard

129, edition in effect on the date of issuance of the solicitation.

(b) Improperly marked material. When Government inspection and acceptance are at destination, and delivered supplies are not marked in accordance with contract requirements, the Government has the right, without prior notice to the Contractor to perform the required marking, by contract or otherwise, and charge the Contractor, therefore at the rate specified elsewhere in this contract. This right is not exclusive, and is in addition to other rights or remedies provided for in this contract.

552.211-75 PRESERVATION, PACKAGING, AND PACKING (FEB 1996)

Unless otherwise specified, all items shall be preserved, packaged, and packed in accordance with normal commercial practices, as defined in the applicable commodity specification. Packaging and packing shall comply with the requirements of the Uniform Freight Classification and the National Motor Freight Classification (issue in effect at time of shipment) and each shipping container of each item in a shipment shall be of uniform size and content, except for residual quantities. Where special or unusual packing is specified in an order, but not specifically provided for by the contract, such packing details must be the subject of an agreement independently arrived at between the ordering activity and the Contractor.

552.212-4 Contract Terms and Conditions–Commercial Items (FAR DEVIATION) (Feb 2018)

(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.

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.

The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, 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.

EFT.

(2) The due date for making invoice payments by the designated payment office is the later of the following two events:

(i) The 10th day after the designated billing office receives a proper invoice from the Contractor. If the designated billing office fails to annotate the invoice with the date of receipt at the time of receipt, the invoice payment due date shall be the 10th day after the date of the Contractor’s invoice; provided the Contractor submitted a proper invoice and no disagreement exists over quantity, quality, or Contractor compliance with contract requirements.

(ii) The 10th day after Government acceptance of supplies delivered or services performed by the Contractor.

(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;

(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.

(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, Unauthorized Obligations, and Commercial Supplier Agreements - Unenforceable Clauses paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any commercial supplier agreements as amended by the Commercial Supplier Agreements - Unenforceable Clauses provision.

(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 commercial supplier agreement (as defined in 502.101) that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or 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 language, provision, or 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 commercial supplier agreement. If the commercial supplier 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 language, provision, or clause is deemed to be stricken from the commercial supplier agreement.

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

(w) Commercial supplier agreements–unenforceable clauses.When any supply or service acquired under this contract is subject to a commercial supplier…

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