70Z03823QH0000052 Ts and Cs.docx

70Z03823QH0000052

The terms and conditions of Basic Ordering Agreement SPE4A1-18-G-0017 are hereby incorporated by reference into the order.

The statutory authority for this acquisition: 41 U.S.C. 1901(c), as implemented in FAR 13.106-1 (b)(1). The items are available from only one source.

FAR 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (Dec 2022) Addendum

(a) Inspection and Acceptance. Unless otherwise stated, all items shall be factory new. Inspection and acceptance shall be performed by:

1) |_| ALC Quality Assurance Personnel

2) |X| ALC Receiving Personnel for count and condition only.

Deliveries shall be made to the following address during work/receiving hours only, unless prior arrangements have been made:

Aviation Logistics Center 1664 Weeksville Road Building 63 Elizabeth City, NC 27909

Work/Receiving Hours 6:00 AM – 3:30 PM Phone number: (252) 384-7251 or (252) 335-6500

(w) Quality Assurance. This section is applicable to all orders for products that will ultimately touch USCG aircraft.

1) The Contractor shall, immediately upon discovery, notify and disclose conditions to the Contracting Officer of any event, supply change, material change, supply malfunction, counterfeit/suspect parts or materiel, defect or non-airworthy condition of any product or component (to include components used in repairs) found to potentially cause a non-conformity to the origin al specifications of this contract. The Government reserves the right to inspect any non-conforming product or component. Therefore, the Contractor shall obtain approval from the Contracting Officer prior to the disposition of any non-conforming product or component.

2) The Contractor’s Quality Control Manual (QCM) shall address in detail the contractor’s risk management, test, inspection, non-conforming product and counterfeit/suspect parts processes. The contractor shall provide a copy of the QCM upon the Government’s request.

3) The Contractor shall immediately notify the Contracting Officer of any changes that potentially have an impact on the product. Changes may include but are not limited to products, processes, materiel, supplier sources, manufacturing facility location and personnel qualifications.

4) Upon notification of the change, the USCG will approve or deny the change. Facility location changes may require the Government to perform a facility inspection. The Contractor shall allow the Government to access to all applicable areas of the Contractor’s facilities to ensure compliance with contractual requirements. In the event that the change is not approved by the USCG, the contract, delivery order or task order may be cancelled or terminated in accordance with FAR.

5) The Contractor shall retain all records in accordance with FAR 4.7 Contractor Records Retention. The Contractor shall be required to permit Government access to applicable records retained at any level of the supply chain.

6) Unless otherwise specified, the Contractor shall flow down all requirements in this contract to their supply chain to include all subcontractors and supplies.

(x) Material Inspection and Receiving Report (MRR). At the time of each delivery, the contractor shall prepare and furnish a properly completed DD Form 250, MRR or commercial shipping document.

The shipping document shall include the National Stock Number (NSN), Part Number (P/N), Serial Number (S/N), Quantity, Contract/Order Number, and Line Item Number. One copy of the shipping document shall be firmly affixed to the outside of the shipping container and one copy packed with the item.

(y) Packing, Marking and Preservation. The contractor shall comply with ASTM-D3951-15 (December 1, 2015), Standard Practice for Commercial Packaging. Packaging, packing and preservation shall be in accordance with best commercial practices to enable shipment to destination and transshipment to USCG Air Stations without repackaging or damage during shipment and/or handling. Unless otherwise specified, all items shall be individually packaged and labeled. Packaging material shall not consist of popcorn, shredded paper, Styrofoam of any kind or peanut style packaging. The internal packaging material shall be sufficient to prevent damage during shipment, handling, and storage. The internal protection must be sufficient to prevent corrosion, deterioration or decay during warehouse storage.

(z) Noncompliance of Packaging, Marking and Preservation. The contractor will be notified by the Contracting Officer of non-compliances in the event discrepancies in packaging, marking and preservation are noted such that corrective action is required. Potential actions include:

i. Return of the items to the contractor for repackaging at the contractor’s expense (round trip)

ii. Correction by the USCG at the contractor’s expense. A modification to the contract/order will be issued unilaterally to recoup costs borne by the USCG.

(aa) Payment Instructions

1) The USCG Aviation Logistics Center, Elizabeth City, NC will process invoice payments. It does not utilize Wide Area Workflow.

2) WHEN TO SUBMIT: The Contractor shall first:

a) Receive a fully-executed purchase order, contract, delivery order or task order

b) Provide the requirements, and

c) Have ACTIVE status in the System for Award Management (SAM) at https://www.sam.gov

3) HOW TO SUBMIT: The Contractor’s invoice and the completed DD-250 (when required) shall be prepared IAW FAR 52.212-4 and sent to the below billing office. The Contractor shall also email copies to the Contracting Officer, Contract Specialist, and the COR.

4) BILLING OFFICE: The Contractor is HIGHLY encouraged to email the invoice to ALC-Fiscal@uscg.mil. The other option is to mail it to:

Chief, Fiscal Branch

USCG ALC

Fiscal Branch, Bldg. 63 1664 Weeksville Road Elizabeth City, NC 27909 The final invoice submitted under the awarded contract shall be clearly marked and labeled FINAL.

5) PAYMENT INFORMATION: All payments will be made electronically IAW FAR 52.232-33.

6) F.o.b. Destination order prices include all applicable customs, duties, taxes, and shipping charges.

F.o.b. Origin orders require prepayment of all shipping costs to the address specified in Block 15 on the SF 1449, page 1. Shipping costs must appear as a separate item on the invoice. A carrier’s invoice must accompany the invoice when shipping costs exceed $100. The Government shall reimburse actual shipping costs only.

7) Conflicts between the invoice(s) and the order/modifications may result in rejection of the invoice.

(End of Addendum)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Sept 2013) (DHS-USCG DEVIATION 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistle blower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR.

(c) The Contractor shall insert the substance of this clause, including this paragraph ( c ), in all subcontracts over the simplified acquisition threshold.

(End of clause)

Terms and Conditions FAC 2023-01 Effective 12/30/2022 Page 4