Amend0002_70FBR820R00000003.pdf
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- Attached to
- Disinfectant Wipes Federal contract opportunity
- Solicitation number
- 70FBR820R00000003
About this file
This solicitation requests proposals for the provision of effective surface disinfectant wipes for use against SARS-CoV-2 to meet the needs of FEMA Region VIII States in response to COVID-19. The requirement is set aside for small businesses. Interested offerors must be able to provide disinfectant wipes that are included on the EPA's List N for approved products with emerging viral pathogen claims for use against SARS-CoV-2. The solicitation specifies technical requirements for the wipes such as the number of wipes per container between 75-400, dimensions of individual wipes, and container definitions. It provides delivery locations and quantities for Colorado, North Dakota, and South Dakota with staggered delivery timelines up to 120 days from award. Pricing is to be submitted using the attached pricing worksheet.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Amend0002_70FBR820R00000003_Front.pdf | ||
| Amend0003_70FBR820R00000003.pdf | ||
| Questions_and_Answers-FINAL.pdf | ||
| Amend0001_70FBR820R00000003_Front.pdf | ||
| Solicitation_70FBR820R00000003_Front.pdf | ||
| Questions_and_Answers.pdf | ||
| 2.2.1 - Attachment 1_Pricing Worksheet.pdf | ||
| Amend0001_70FBR820R00000003.pdf | ||
| Questions_and_Answers.pdf | ||
| 2.2.1 - Solicitation_70FBR820R00000003_Final_v2.pdf | ||
| 2.2.1 - Attachment 2_Contractor Assurance.pdf | ||
| 2.2.1 - Solicitation_70FBR820R00000003_Final.pdf | ||
| 2.2.1 - Attachment 1_Pricing Worksheet.pdf | ||
| 2.2.1 - Attachment 3_Past Performance Questionnaire.pdf |
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(x)
70FBR820R00000003
x x
1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT
THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
x
DENVER CO 80225
PO BOX 25267
FEMA R08
ATTN CONTRACTING
FEMA REGION VIII
DEPARTMENT OF HOMELAND SECURITY
FEMA REGION 08
10/22/20200002
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
FACILITY CODE CODE
10B. DATED (SEE ITEM 13)
10A. MODIFICATION OF CONTRACT/ORDER NO.
9B. DATED (SEE ITEM 11)
9A. AMENDMENT OF SOLICITATION NO.
CODE
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY
PAGE OF PAGES
4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)
1. CONTRACT ID CODE
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
10/22/2020
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.
ORDER NO. IN ITEM 10A.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
This solicitation is issued to obtain Disinfectant Product: Wipes to support FEMA Region
VIII States' response to COVID-19.
All offerors are required to read the solicitation and all amendments in their entirety, and to return signed copies with their proposal.
By signing, the contractor is confirming that the documents have been reviewed and that all requirements for each component have been met. Furthermore, by signing the contractor is acknowledging and accepting the terms, conditions, and any updates made to the current solicitation.
Continued ...
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)
15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED
(Signature of person authorized to sign) (Signature of Contracting Officer)
Crystal D. Garcia
STANDARD FORM 30 (REV. 10-83)
Prescribed by GSA
FAR (48 CFR) 53.243
NSN 7540-01-152-8070
Previous edition unusable
Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .
TEL: EMAIL: 303-202-8909 Crystal.Garcia@fema.dhs.gov
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 45CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FBR820R00000003/0002
Failure to return a signed copy of this document along with your proposal will constitute as an offeror’s proposal being non-responsive.
This Amendment #0002, posted 11/04/2020, reflects the following changes:
The following language has been added to the solicitation:
- “Containers are defined as the following:
• Hard, structured receptacles. Must be resealable; or,
• Flexible, un-structured receptacles. Must be resealable."
- "All questions must be submitted via email. No phone calls will be accepted."
All other terms and conditions remain unchanged.
Previous Amendment #0001, posted 10/29/2020, reflects the following changes:
Correct an administrative error on Page 36, Volume III – Cost/Price:
Change from: 1,750,000 qty
Change to: 18,750,000 qty
Posting of attachment, “Questions and Answers”
The following language has been added to the solicitation:
- “The Buy American Act (BAA) has been waived for this requirement. However, the Trade Agreements
Act (TAA) still applies.”
- “The minimum number of acceptable wipes per container shall be 75 qty. The maximum number of acceptable wipes per container shall be 400 qty.
The measurement per individual/single wipe shall be between 6” to 8” in height, and 7” to 9” in length.”
- “According to the EPA: EPA expects the products on List N to kill SARS-CoV-2, the coronavirus that causes COVID-19, because they:
Demonstrate efficacy against the coronavirus
SARS-CoV-2 (COVID-19);
Demonstrate efficacy against a pathogen that is harder to kill than SARS-CoV-2 (COVID-19); or
Demonstrate efficacy against a different human coronavirus similar to SARS-CoV-2 (COVID-19).
EPA expects all products on List N to be
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 45CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FBR820R00000003/0002
effective against SARS-CoV-2 (COVID-19) when used according to label directions.”
- “Attachment 4 – Past Performance Questionnaire, will be sent by the Government to those POCs listed within the Offeror’s Past Performance information.”
The following language has been added to
Attachment 1 - Pricing Worksheet:
- “Unit Price per Container”
All other terms and conditions remain unchanged.
Original solicitation #70FBR820R00000003 posted on 10/22/2020.
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Solicitation #: 70FBR820R00000003
PART I – THE SCHEDULE
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS
U.S. Department of Homeland Security: Federal Emergency Management Agency (FEMA) Region VIII has a requirement is to obtain effective surface disinfectant products for use against SARS-CoV-2, the novel coronavirus that caused COVID-19, to meet the needs of Region VIII States during COVID-19 response efforts.
See Attachment 1 – Pricing Worksheet
SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
Table of Contents
1.0 Introduction and Scope
2.0 Contractor Responsibilities
3.0 Government Responsibilities
4.0 Technical and Environmental Requirements
5.0 Testing
1.0 Introduction and Scope
Disinfectant products are used to eliminate microorganisms on inert surfaces.
The United States Environmental Protection Agency (EPA) has published a list that meet’s the EPA’s criteria for use against SARS-CoV-2, the virus that causes COVID-19:
https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2-covid-19
2.0 Contractor Responsibilities
The Contractor shall provide the following:
Disinfectant product that shall be in the form of a disinfectant wipe. Disinfectant wipes should be divided into resealable containers. The optimal disinfectant wipe count per container is approximately 75 wipes.
However, an alternate count may be accepted. The offeror shall state the number of disinfectant wipes per container within their proposal. The minimum number of acceptable wipes per container shall be 75 qty.
The maximum number of acceptable wipes per container shall be 400 qty. The measurement per individual/single wipe shall be between 6” to 8” in height, and 7” to 9” in length.
Containers are defined as the following:
• Hard, structured receptacles. Must be resealable; or,
• Flexible, un-structured receptacles. Must be resealable.
In order to meet the Government’s requirement, products must be included on the EPA’s List N: Products with Emerging Viral Pathogens AND Human Coronavirus claims for use against SARS-CoV-2. The product’s EPA registration # must be included in the offeror’s proposal.
https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2-covid-19
According to the EPA: EPA expects the products on List N to kill SARS-CoV-2, the coronavirus that causes COVID-19, because they:
• Demonstrate efficacy against the coronavirus SARS-CoV-2 (COVID-19);
• Demonstrate efficacy against a pathogen that is harder to kill than SARS-CoV-2 (COVID-19); or
• Demonstrate efficacy against a different human coronavirus similar to SARS-CoV-2 (COVID-19).
http://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2-covid-19 http://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2-covid-19 http://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2-covid-19 http://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2-covid-19 http://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2-covid-19 http://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2-covid-19
EPA expects all products on List N to be effective against SARS-CoV-2 (COVID-19) when used according to label directions.
The Buy American Act (BAA) has been waived for this requirement. However, the Trade Agreements Act (TAA) still applies.
3.0 Government Responsibilities
The Government will provide the contractor with POCs from each state to coordinate deliveries and access to each site location.
4.0 Technical and Environmental Requirements
All proposed items shall be in accordance with EPA, FDA, HHS, OSHA, CDC regulations and guidelines
Material Safety Data Sheets/Product Safety Data Sheet (MSDSs/PSDs) are required for all materials delivered under this contract that meet the definition of hazardous as set forth in the latest version, which is Revision E, of Federal Standard 313 (including any versions or changes adopted during the life of the contract).
Items shall be labeled in accordance with 29 CFR 1910.1200 unless otherwise directed by 29 CFR 1910.1200 (b) (5).
5.0 Testing
Products will be subject to Government testing. The contract for any defective items not passing testing will be terminated for cause and forwarded to FEMA’s debarring official. Any other items shall not be acceptable.
SECTION D – PACKAGING AND MARKING
Packaging must possess adequate strength to prevent against leakage from normal handling, storage, and transportation. Packaging must have sufficient excess capacity to prevent breakage of the container or leakage of the contents if the contents or likely to expand during handling, storage, or transport.
Containers that are open and/or possess a broken seal will not be accepted.
Packaging and markings must be in accordance with applicable hazardous material packaging requirements.
SECTION E – INSPECTION AND ACCEPTANCE
Product inspection will be the responsibility of the State points of contacts (POCs). Product acceptance, for invoicing, will be the responsibility of the Contracting Officer’s Representative (COR). Products will be inspected to ensure that they meet all the requirements of the contract and examined for quantity, damage in transit, and possible substitution or fraud.
SECTION F – DELIVERIES OR PERFORMANCE
The Contractor, as an independent organization and not as an agent of the Government, shall furnish all labor, materials, supplies, facilities, equipment, transportation and travel necessary to deliver the items. Delivery shall be FOB Destination.
Delivery locations and quantities requested per location are listed below:
Delivery Location Quantities per Location Delivery Time
COLORADO:
Colorado DEM 15965 East 32nd Avenue, Unit B Aurora, CO 80011
1,000,000 qty containers:
Based on containers with a 75 qty wipe count, per container; If proposed containers do not contain 75 wipes per container, the individual/single wipe count to be delivered to this location is as follows:
1,000,000 qty containers @ 75 wipes per container = 75,000,000 individual wipes
120 days from receipt of contract award, with “staggered” deliveries;
Definition located below table
NORTH DAKOTA:
North Dakota DEM 1809 Grumman Lane Bismarck, ND 58505
3,000 qty containers:
to be delivered to this location is as follows:
3,000 qty containers @ 75 wipes per container = 225,000 individual wipes
30 days from receipt of award, with single/one-time delivery
SOUTH DAKOTA:
South Dakota DEM 3317 Airport Rd Pierre, SD 57501-
17,000 qty containers:
to be delivered to this location is as follows:
17,000 qty containers @ 75 wipes per container = 1,275,000 individual wipes
30 days from receipt of award, with single/one-time delivery
The “staggered” delivery schedule will ensure that the State of Colorado has adequate warehousing space to store the disinfectant products.
“Staggered” delivery schedule is defined as:
• Initial delivery shall be completed within 30 days of receipt of award – Approximately ¼ of the entire order shall be delivered at this time.
• Second delivery shall be completed within 60 days of receipt of award – Approximately ¼ of the entire order shall be delivered at this time.
• Third delivery shall be completed within 90 days of receipt of award – Approximately ¼ of the entire order shall be delivered at this time.
• Last delivery shall be completed within 120 days of receipt of award – Approximately ¼ of the entire order shall be delivered at this time.
The Contractor shall maintain current, accurate, and complete records of all shipments and deliveries and ensure that proper signatures by FEMA or State representatives are obtained for tracking and accountability purposes. The Government reserves the right to request, have access to and audit any and all records and materials related to the record keeping of all shipment and deliveries.
SECTION G – CONTRACT ADMINISTRATION DATA
SECTION H – SPECIAL CONTRACT REQUIREMENTS
PART II – CONTRACT CLAUSES
SECTION I – CONTRACT CLAUSES
52.204-1 APPROVAL OF CONTRACT (DEC 1989)
This contract is subject to the written approval of a warranted FEMA contracting officer and shall not be binding until so approved.
52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at the following addresses:
FAR Clauses - https://www.acquisition.gov/far/; HSAM Clauses - https://www.dhs.gov/publication/hsam
Clause Title 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014)
52.203-16 Preventing Personal Conflicts of Interest (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017) 52.204-3 Taxpayer Identification (Oct 1998)
52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2018) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) 52.223-6 Drug-Free Workplace (May 2001) 52.229-3 Federal, State, and Local Taxes (Feb 2013)
52.232-18 Availability of Funds (Apr 1984) 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec 2013) 52.233-2 Service of Protest (Sep 2006) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)
52.242-13 Bankruptcy (Jul 1995)
52.242-15 Stop-Work Order (Aug 1989) 52.247-34 F.O.B. Destination (Nov 1991) http://www.acquisition.gov/far/%3B http://www.dhs.gov/publication/hsam
3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (Dec 2003) 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (Dec 2003)
52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS – COMMERCIAL ITEMS (AUG 2020)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video SurveillanceServices or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (
19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-
282) ( 31 U.S.C. 6101 note).
(5) [Reserved].
(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.
111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
(10) [Reserved].
(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).
(ii) Alternate I (Mar 2020) of 52.219-3.
_X_ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
(ii) Alternate I (Mar 2020) of 52.219-4.
(13) [Reserved] X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).
(ii) Alternate I (Mar 2020) of 52.219-6.
(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).
(ii) Alternate I (Mar 2020) of 52.219-7.
_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
(17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).
(ii) Alternate I (Nov 2016) of 52.219-9.
(iii) Alternate II (Nov 2016) of 52.219-9.
(iv) Alternate III (Jun 2020) of 52.219-9.
(v) Alternate IV (Jun 2020) of 52.219-9
(18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
(ii) Alternate I (Mar 2020) of 52.219-13.
(19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).
(20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).
_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)).
(ii) Alternate I (MAR 2020) of 52.219-28.
(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).
(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).
(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
(26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
(ii) Alternate I (Feb 1999) of 52.222-26.
_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(ii) Alternate I (Jul 2014) of 52.222-35.
_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(ii) Alternate I (Jul 2014) of 52.222-36.
_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).
(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
_X_ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
(37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons(Jun 2016) (E.O. 13693).
(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
(40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Oct 2015) of 52.223-13.
(41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun2014) of 52.223-14.
(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
(43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O.
13513).
(45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
(46) 52.223-21, Foams (Jun2016) (E.O. 13693).
(47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
(ii) Alternate I (Jan 2017) of 52.224-3.
(48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108- 78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
(ii) Alternate I (May 2014) of 52.225-3.
(iii) Alternate II (May 2014) of 52.225-3.
(iv) Alternate III (May 2014) of 52.225-3.
_X_ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).
(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).
(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
(55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).
(56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
(57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
(59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
(60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
(61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
(62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
(63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
(ii) Alternate I (Apr 2003) of 52.247-64.
(iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
(1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215- 2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by theclause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan
2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and VideoSurveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).
(xiii)
(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contractsfor Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contractsfor Certain Services-Requirements (May2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xix)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)
(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)
(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (Jun 2006)
(a) Prohibitions.
Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.
(b) Definitions. As used in this clause:
Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.
Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.
Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—
(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;
(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—
(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or
(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership;
and
(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.
Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.
(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.
(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:
(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or
(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).
(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.
(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.
(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.
(e) Treatment of Certain Rights.
(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:
(i) warrants;
(ii) options;
(iii) contracts to acquire stock;
(iv) convertible debt instruments; and
(v) others similar interests.
(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.
(f) Disclosure. The offeror under this solicitation represents that [Check one]:
it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;
it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108- 7004, which has not been denied; or it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108- 7004.
(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.
(End of clause)
3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF
COMMERCIAL ITEMS (Sep 2012)
The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:
[The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]
(b) Provisions.
_X 3052.209-72 Organizational Conflicts of Interest.
3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.
3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.
(b) Clauses.
_X 3052.203-70 Instructions for Contractor Disclosure of Violations.
3052.204-70 Security Requirements for Unclassified Information Technology Resources.
3052.204-71 Contractor Employee Access.
Alternate I _X_ 3052.205-70 Advertisement, Publicizing Awards, and Releases.
3052.209-73 Limitation on Future Contracting.
3052.215-70 Key Personnel or Facilities.
3052.216-71 Determination of Award Fee.
3052.216-72 Performance Evaluation Plan.
3052.216-73 Distribution of Award Fee.
3052.217-91 Performance. (USCG) 3052.217-92 Inspection and Manner of Doing Work. (USCG) 3052.217-93 Subcontracts. (USCG) 3052.217-94 Lay Days. (USCG) 3052.217-95 Liability and Insurance. (USCG) 3052.217-96 Title. (USCG) 3052.217-97 Discharge of Liens. (USCG) 3052.217-98 Delays. (USCG) 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG) 3052.217-100 Guarantee. (USCG) 3052.219-70 Small Business Subcontracting Plan Reporting.
3052.219-71 DHS Mentor Protégé Program.
3052.228-70 Insurance.
3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG) 3052.228-91 Loss of or Damage to Leased Aircraft. (USCG) 3052.228-92 Fair Market Value of Aircraft. (USCG) 3052.228-93 Risk and Indemnities. (USCG) 3052.236-70 Special Provisions for Work at Operating Airports.
_X_3052.242-72 Contracting Officer’s Technical Representative.
3052.247-70 F.o.B. Origin Information.
Alternate I Alternate II 3052.247-71 F.o.B. Origin Only.
_X_3052.247-72 F.o.B. Destination Only.
(End of clause)
BILLING INSTRUCTIONS (Jun 2014) Contractors will use Standard Form I 034 (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 http://www.gsa.gov/portal/forms/type/SF 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.
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.
Name: Title: Phone #: Email:
INVOICE APPROVAL (Jun 2014) The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to accept goods and services and to review and approve invoices for this contract:
Authorized Invoice Approver Name:
Email:
IDENTIFICATION OF GOVERNMENT OFFICIALS (Aug 2014)
The Government Officials assigned to this contract are as follows:
Contracting Officer:
Name: Crystal Garcia Email: Crystal.Garcia@fema.dhs.gov
INVOICE INSTRUCTIONS (Jun 2014) 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
mailto:FEMA-Finance-Vendor-Payments@fema.dhs.gov mailto:Crystal.Garcia@fema.dhs.gov
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 l, 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.) The last voucher of every contract or task order should be marked with the next sequential number, with the words "FINAL" (e.g. Invoice No. 1234-
FINAL).
(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.
(I0) 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." Type the following certification, signed by an authorized official, on the face of the Standard Form 1034.
"I certify that all payments requested are for appropriate purposes and in accordance with the agreements set forth in the contract."
(Name of Official) (Title)
(13) Quantity; Unit Price - insert for supply contracts.
(14) Amount - insert the amount claimed for the period indicated in (11) above. This amount should be transferred from the total per the SF 1035 Continuation Sheet.
INVOICE PREPARATION INSTRUCTIONS SF 1035
The SF 1035 will be used to identify the specific item description, quantities, unit of measure, and prices for each category of deliverable item or service. Suitable self-designed forms may be submitted instead of the SF 1035 as long as they contain the information required.
The information which a contractor is required to submit in its Standard Form 1035 is set forth as follows:
U.S. Department, Bureau, or Establishment - insert the name and address of the servicing finance office. Voucher Number - insert the voucher number as shown on the Standard Form 1034.
Schedule Number - leave blank.
Sheet Number - insert the sheet number if more than one sheet is used in numerical sequence. Use as many sheets as necessary to show the information required.
Number and Date of Order - insert payee's name and address as in the Standard Form
1034. Articles or Services - insert the contract number as in the Standard Form 1034.
Amount - insert the total quantities contract value, and amount and type of fee payable (as applicable).
A summary of claimed current and cumulative goods and services delivered and accepted to date. - Invoices shall include an itemization of all goods and services delivered and accepted for the period by item and by CLIN. Each invoice shall include sufficient detail to identify goods and services as compared to and in accordance with contract terms and conditions. Invoices that do not match the line item pricing in the contract will be considered improper and returned to the contractor. In addition, each invoice shall detail the total charges by showing current and cumulative goods and services both currently invoiced and cumulative to date.
NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS
The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:
1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33;
Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.
2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose suchdata contained therein as it determines to be in the public interest.
3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.
4. Contractor shall not retain, use, sell, or disseminate copies of any…
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