PR 8915 - Annual FY10 for International mail .pdf

Request for Proposal – PR # 8916

STATEMENT OF WORK

The United States Government Printing Office (GPO), Documents Sales Service, Retail Distribution Division (RDD), requires the services of an International Mailer [Remailer] to perform the following services:

A. Daily pick-up of all International Mail from the GPO's work facility located in Laurel, MD, according to the following procedures:

1. Pick-ups shall be made Monday through Friday, excluding federal holidays, at mutually agreed upon time(s) of day that will be determined at time of contract award. Contractor will transport mail to the Contractor's sorting facility.

2. At the time of pick-up, the Contractor's driver / courier shall verify the weight of the shipment in the presence of the designated GPO employee or alternate.

3. At the time of pick-up, the designated GPO employee will complete an airbill / manifest for the tendered shipment. (The airbill / manifest shall state the total weight of the tendered shipment.) The airbill / manifest shall be signed by both the Contractor's driver / courier and the GPO employee, with a copy being retained by the GPO employee and forwarded to the RDD Contracting Officer's Technical Representative (COTR).

4. In the event of an unusually large shipment or unexpected situation, the

Contractor shall provide additional pick-ups or pick-ups at other than established times, as agreed upon between the COTR and the Contractor's Project Manager / Account Representative, at no additional cost to the Government.

5. The Contractor shall accept and provide sort(s) of (prepared) international mail, as necessary. The GPO's international mail shipments shall be tendered to the Contractor unsorted and under no other special preparation requirements. (If special bagging or other special containment is required for submission of shipment(s) to the Contractor, these services / preparations will be provided by the Contractor - otherwise, shipments may be tendered in government-owned wire palletainers [which must be returned to the GPO Laurel facility], on open pallets, or on shrink-wrapped pallets.)

6. GPO's bulk mail pick-up point will be at the following location:

U.S. Government Printing Office Retail Distribution Division 8660 Cherry Lane Laurel, MD 20707

B. Mail processing services shall be provided by the Contractor, as outlined below:

1. GPO's international mail will be transported to the Contractor's designated mail sort facility.

2. At the Contractor's designated sort facility, the individual items shall be sorted according to the destination and weight of each item, and the appropriate postage shall be applied to the mail pieces.

3. The shipment shall then be delivered to the appropriate foreign postal authority for delivery to the final recipients.

4. If any international mail pieces are determined to be undeliverable, they are to be returned to the GPO Laurel facility - through the use of an expedited delivery service

- at no cost to the Government.

5. The following service levels / options shall be provided by the Contractor - the selection of which shall be at the discretion of the GPO:

a. Premium Service For extra time-sensitive shipments, this service shall provide delivery around the world in approximately 3-6 days.

b. Standard Service * For routine shipping requirements, this service shall provide delivery around the world in approximately 5-10 days.

(* The GPO recognizes that there may be exceptions to this short-term turn-around requirement - based upon a variety of foreign postal authority peculiarities / restrictions -and will make allowances for such.)

C. Items being acquired:

1. The Contractor shall furnish all personnel, facilities, equipment, transportation, materials, supplies, and services (except as may be expressly set forth in this contract as furnished by the Government) necessary to perform and provide the services required. (Fixed-rate, single-rate bids shall include pick-up, line-hauling, sorting, processing, postage, and all associated costs as outlined above.)

2. Contractor shall provide electronic tracking capability for each mail shipment (airbill / manifest) - to the Contractor's sort facility. (Contractor shall provide tracking software / hardware.)

D. Estimated yearly pounds / pieces of International Mail:

The estimated yearly amount of international mail for the base period shall be 400,000 (four-hundred thousand) pounds and 200,000 (two-hundred thousand) pieces of mail per year. (This estimate is based upon the previous year totals and is not a guarantee of total weight.) Please see the attached chart (attachment #1) which details a breakdown by zone / global location. (Again, these estimates are based upon the previous year totals and are not a guarantee of total weight / pieces by zone.)

E. Fees for services:

Contractor shall submit / state fees on a per pound (or per kilogram) basis. (This fee shall be based upon a fixed single-rate and shall include postage.)

F. Billing:

1. The Contractor shall provide billing in hardcopy and/or electronic format at the option of the paying office.

2. The billing invoice shall contain the following information:

a. Unique invoice number;

b. Agency / Department account number;

c. Agency / Department Purchase Order number;

d. Shipping / account holder's office name and address, to include city, state, zip code, and agency location code;

e. Detailed listing of each shipment (airbill / manifest by unique number - see paragraph F.3.);

f. Explanation of codes indicating adjustments in billing;

g. Total charges of all shipment listed on the invoice

3. The detailed listing for each shipment (airbill / manifest) on the invoice shall contain:

a. Shipping / account holder's office name and address, to include city, state, zip code;

b. Unique airbill / manifest number for each shipment;

c. Pick-up date;

d. Actual Weight (in pounds and/or kilograms);

e. Number of pieces in shipment (for each airbill / manifest);

f. Code indicating adjustment in billing;

g. Type of service utilized; and

h. Total charges for each shipment (airbill / manifest) in U.S.

dollars.

F. 4. Billing contact / address shall be furnished at the time of the contract award.

G. Reporting:

Upon request, Contractor shall provide zone breakdown reports, by weight and by number of pieces, for international mail shipments per each airbill / manifest and/or for periods specified by by the COTR (i.e., daily, weekly, monthly, quarterly, yearly, etc.) - on an Ad Hoc basis

(Attachment #1)

ZONE # GLOBAL

LOCATION %

BREAKDOWN * #

OF LBS. * # OF

PIECES *

Zone 1 Eastern Europe 13.4% 53,600 26,800

Zone 1A Western Europe 25.6% 102,400 51,200

Zone 2 Canada 25.7% 102,800 51,400

Zone 3 Middle East / North Africa 2.5% 10,000 5,000

Zone 4 South Africa / Far East / 26.3% 105,200 52,600 South America

Zone 5 Pacific Rim 6.5% 26,000 13,000 100.0% 400,000 200,000

(* These categories are best estimates - based upon known historical data.)

ZONE 1 (EASTERN EUROPE)

ALBANIA

ARMENIA

AUSTRIA

AZERBAIJAN

BELARUS

BELGIUM

BOSNIA -

HERZEGOVINA

BULGARIA

CANARY ISLANDS

CROATIA

CYPRUS

CZECH REPUBLIC

ESTONIA

GEORGIA, REP. OF

GILBRALTAR

GREECE

HUNGARY

ITALY

LATVIA

LIECHTENSTEIN

LITHUANIA

MADEIRA ISLANDS

MALTA

MOLDOVA

POLAND

PORTUGAL

ROMANIA

RUSSIA

SAN MARINO, REP. OF

SERBIA

SLOVAK REP.

(SLOVAKIA)

SLOVENIA

SPAIN

SWITZERLAND

TURKEY

UKRAINE

VATICAN CITY

ZONE 1A

(WESTERN EUROPE)

ANDORRA

DENMARK

FAROE ISLANDS

FINLAND

FRANCE

GERMANY

GREAT BRITAIN &

NORTH. IRELAND

GREENLAND

ICELAND

IRELAND

LUXEMBORG

MACEDONIA, REP. OF

MONACO

MONTENEGRO

NETHERLANDS

NORWAY

SCOTLAND

SWEDEN

WALES

ZONE 2

CANADA

ZONE 3

(NORTH AFRICA / MIDDLE EAST)

AFGHANISTAN

ALGERIA

AZORES

BAHRAIN

BENIN

BURKINA FASO

CAMEROON

CAPE VERDE

CHAD

CENTRAL

AFRICAN REP.

COTE d'IVOIRE

(IVORY COAST)

DJIBOUTI

EGYPT

ETHIOPIA

GAMBIA

GHANA

GUINEA

GUINEA-BISSAU

IRAN

IRAQ

ISRAEL

JORDAN

KAZAKHSTAN

KUWAIT

KYRGYZSTAN

LEBANON

LIBERIA

LIBYA

MALI

MAURITANIA

MOROCCO

NIGER

NIGERIA

OMAN

QATAR

SAUDI ARABIA

SENEGAL

SIERRA LEONE

ST. PIERRE &

MIQUELON

SUDAN

SYRIA

TAJIKISTAN

TCHAD

TOGO

TUNISIA

UNITED ARAB

EMIRATES

UZBEKISTAN

YEMEN, REP. OF

ZONE 4

(SOUTH AFRICA / ASIA [FAR EAST] / SOUTH AMERICA)

ANGOLA

ANGUILLA

ANTIGUA

& BARBUDA

ARGENTINA

ARUBA

ASCENSION

BAHAMAS

BANGLADESH

BARBADOS

BELIZE

BERMUDA

BHUTAN

BOLIVIA

BONAIRE

BOTSWANA

BRAZIL

BRITISH VIRGIN

ISLANDS

BRUNEI

DARUSSALAM

BURMA

BURUNDI

CAYMAN ISLANDS

CHILE

CHINA

COLOMBIA

COMOROS

CONGO

CORSICA

COSTA RICA

CUBA

DOMINICA

DOMINICAN REPUB.

EAST TIMOR

ECUADOR

EL SALVADOR

EQUATORIAL GUINEA

FALKLAND ISLANDS

FRENCH GUIANA

GABON

GRENADA

GUADELOUPE

GUATEMALA

GUYANA

HAITI

HONDURAS

HONG KONG

INDIA

INDONESIA

JAMAICA

JAPAN

KAMPUCHEA

KENYA

KOREA, DEMOCRATIC

PEOPLE'S REP.

(NORTH KOREA)

KOREA, REP. OF

(SOUTH KOREA)

LAOS

LESOTHO

MACAO

MADAGASCAR

MALAWI

MALAYSIA

MALDIVES

MARTINIQUE

MAURITIUS

MEXICO

MONGOLIA

MONTSERRAT

MOZAMBIQUE

MYANIMAR

NAMIBIA

NEPAL

NETH. ANTILLES

NICARAGUA

PAKISTAN

PANAMA

PARAGUAY

PERU

PHILIPPINES

REUNION

RWANDA

SAO TOME and

PRINCIPE

SEYCHELLES

SINGAPORE

SOMALIA

SOUTH AFRICA

SRI LANKA

ST. CHRISTOPHER

AND NEVIS

ST. HELENA

ST. KITTS

ST. LUCIA

ST. MARTIN /

ST. MAARTEN

ST. VINCENT & THE

GRENADINES

SURINAME

SWAZILAND

TAIWAN

TANZANIA

THAILAND

TRINIDAD and

TOBAGO

TRISTAN da CUNHA TURKS and CAICOS

ISLANDS

UGANDA

URUGUAY

VENEZUELA

VIETNAM

ZAIRE

ZAMBIA

ZIMBABWE

ZONE 5

(AUSTRALIA and SURROUNDING ISLANDS)

(ALSO KNOWN AS THE "PACIFIC RIM")

AUSTRALIA

COOK ISLANDS

ELLICE ISLANDS

FIJI

FRENCH POLYNESIA

GILBERT ISLANDS

KIRIBATI

MARQUESAS ISLANDS

MICRONESIA, FEDERATED STATES OF

NAURU

NEW CALEDONIA

NEW ZEALAND

PAPUA NEW GUINEA

PITCAIRN ISLANDS

SOCIETY ISLANDS

SOLOMON ISLANDS

TAHITI

TOKELAU

TONGA

TUAMOTOU ISLANDS

TUVALU

VANUATU

WALLIS AND FUTUNA ISLANDS

WESTERN SAMOA

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items).

As prescribed in 13.302-5(d), insert the following clause:

TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (MAR 2009)

(a) The Contractor shall comply with the following Material Management Acquisition Regulation (MMAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246).

(iii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(iv) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(v) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Oct 2008).

(v) 52.233-1, Disputes (July 2002).

(vi) 52.244-6, Subcontracts for Commercial Items (Mar 2009).

(vii) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following MMAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

(Applies to contracts for supplies exceeding the micro-purchase threshold.)

http://arnet.gov/far/current/html/Subpart 13_3.html#wp1092099 http://arnet.gov/far/current/html/52_222.html#wp1147479 http://arnet.gov/far/current/html/52_222.html#wp1147656 http://arnet.gov/far/current/html/52_222.html#wp1147711 http://arnet.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t21t25+618+103++%2822%29%20%20AND%20%28%2822%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://arnet.gov/far/current/html/52_223_226.html#wp1169608 http://arnet.gov/far/current/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://arnet.gov/far/current/html/52_233_240.html#wp1113344 http://arnet.gov/far/current/html/52_232.html#wp1152483 http://arnet.gov/far/current/html/52_232.html#wp1152592 http://arnet.gov/far/current/html/52_232.html#wp1152616 http://arnet.gov/far/current/html/52_232.html#wp1152998 http://arnet.gov/far/current/html/52_233_240.html#wp1113304 http://arnet.gov/far/current/html/52_241_244.html#wp1129139 http://arnet.gov/far/current/html/52_248_253.html#wp1120078 http://arnet.gov/far/current/html/52_222.html#wp1147630

(ii) 52.222-20, Walsh-Healey Public Contracts Act (Dec 1996) (41 U.S.C. 35-45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and

Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(Applies to contracts over $10,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(v) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more).

(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands.)

(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (Aug 2003) (E.O. 13148) (Applies to services performed on Federal facilities).

(viii) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP) will be—

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.)

(ix) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition—

(A) Is set aside for small business concerns; or http://arnet.gov/far/current/html/52_222.html#wp1147649 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://arnet.gov/far/current/html/52_222.html#wp1148042 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://arnet.gov/far/current/html/52_222.html#wp1148097 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://arnet.gov/far/current/html/52_222.html#wp1148123 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://arnet.gov/far/current/html/52_222.html#wp1148176 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://arnet.gov/far/current/html/52_223_226.html#wp1168831 http://arnet.gov/far/current/html/52_223_226.html#wp1178433 http://uscode.house.gov/ http://arnet.gov/far/current/html/Subpart 23_2.html#wp1081346 http://arnet.gov/far/current/html/52_223_226.html#wp1168995 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(x) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration

(Oct 2003). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.)

(xi) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (MAY 1999). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.)

(xii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Sept 2006) (Applies to contracts over $30,000).

(ii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L.

110-247) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.)

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) MMAR 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 this/these address(es):

[Insert one or more Internet addresses]

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to http://arnet.gov/far/current/html/Subpart 19_5.html#wp1086841 http://arnet.gov/far/current/html/52_232.html#wp1153351 http://arnet.gov/far/current/html/52_232.html#wp1153375 http://arnet.gov/far/current/html/52_247.html#wp1156217 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t45t48+351+1++%2846%29%20%20AND%20%28%2846%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://arnet.gov/far/current/html/Subpart 47_5.html#wp1072915 http://arnet.gov/far/current/html/52_207_211.html#wp1140926 http://arnet.gov/far/current/html/52_207_211.html#wp1141265 http://arnet.gov/far/current/html/52_223_226.html#wp1183820 http://arnet.gov/far/current/html/52_247.html#wp1155640 http://arnet.gov/far/current/html/52_247.html#wp1155803 http://arnet.gov/far/current/html/52_248_253.html#wp1120047 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. The Government must exercise its postacceptance rights—

(1) Within a reasonable period of 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.

(e) 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.

(f) 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 that 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 that reasonably could have been avoided.

(g) 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.

(h) 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.

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items).