AG-4283-S-14-0012.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NO.

702249

PAGE 1 OF

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICI-ATION NO.

AG-4283-S-14-0012

6. SOLICITATION ISSUE DATE

August 13, 2014

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

Lawanda Henry

b. TELEPHONE NO. (No collect calls)

850-523-8534

8. OFFER DUE DATE/LOCAL TIME

09/15/14 @ 2:00 pm

9. ISSUED BY CODE

10. THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS

USDA Forest Service, Contracting 325 John Knox Road, Suite F-100 Tallahassee, FL 32303

UNRESTRICTED

SET ASIDE: 100% FOR

SMALL BUSINESS

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

SMALL DISADV.

BUSINESS

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

8(A) 13b. RATING

NAICS: 561720

SIZE STD: $16.5 Million

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

Ocala National Forest, Seminole Ranger District Office, Lake County, FL

Same as block 9

17a. CONTRACTOR/ CODE

OFFEROR FACILITY

CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

Invoice Processing Platform (www.ipp.gov)

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS

BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Seminole Ranger District Office Janitorial Services see Schedule of Items see Schedule of Items

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT

TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29.

AWARD OF CONTRACT: REFERENCE KTN-05-02 OFFER

DATED _________________. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

RECEIVED INSPECTED CONTRACT, EXCEPT AS NOTED PARTIAL

36. PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT REPRESENTATIVE 32c. DATE COMPLETE PARTIAL

FINAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO.

40. PAID BY

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL STANDARD FORM 1449

(10-95)

Project: Janitorial Services for the Seminole Ranger District Office

GENERAL INFORMATION

CONTRACT AWARD:

THIS SOLICITATION IS 100% SET ASIDE FOR SMALL BUSINESS CONCERNS.

AWARD WILL BE MADE TO ONE OFFEROR.

SCOPE OF WORK: Furnish all labor, equipment, supplies (except Government-furnished supplies if applicable), materials, transportation and supervision to perform janitorial services on approximately 4,064 square feet of cleaning space for the Seminole Ranger District Office, Lake County, FL in accordance with specifications, quality surveillance standards, and other requirements of this contract.

SITE VISIT: A formal site visit is scheduled for this project on August 25, 2014 at 0900 AM at the Seminole Ranger District Office located at 40929 State Road 19, Umatilla, FL 32784

BASIS OF AWARD: Award will be made to the most highly ranked offeror, (1) whose quote is technically acceptable, has demonstrated past performance in meeting customer satisfaction, and (2) whose past performance, experience and price presents the BEST VALUE and is the most advantageous to the Government.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 88)

This contract is a fixed price contract for a base period of performance from October 1, 2014 through September 30, 2015, plus four additional one-year option periods.

Submission of an offer for the basic contract period constitutes an offer to perform in the Option Period(s), if exercised. Offerors shall quote on base year and all option years.

PERIOD OF PERFORMANCE

Base Period – October 1, 2014 through September 30, 2015 Option Period I - October 1, 2015 thru September 30, 2016 Option Period II - October 1, 2016 thru September 30, 2017 Option Period III – October 1, 2017 thru September 30, 2018 Option Period IV- October 1, 2018 thru September 30, 2019

452.215-73 POSTAWARD CONFERENCE. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled after the date of contract award. The conference will be held at: TBA

SCHEDULE OF ITEMS FOR BASE YEAR

(OCTOBER 1, 2014 – SEPTEMBER 30, 2015)

Janitorial Services for the Seminole Ranger District Office

ITEM

NO. DESCRIPTION QTY UNIT UNIT

PRICE AMOUNT

1.0

Janitorial Services in accordance with attached specifications and quality assurance standards

12 MO $_________ $ ________

TOTAL $ ________

Prices for Base Period and Four (4) Option Years Submitted By:

Signature: Phone:

Vendor Name: Fax:

Address: Email:

DUNS#: TIN#:

SCHEDULE OF ITEMS FOR OPTION YEAR I

(OCTOBER 1, 2015 – SEPTEMBER 30, 2016)

SCHEDULE OF ITEMS FOR OPTION YEAR II

(OCTOBER 1, 2016 – SEPTEMBER 30, 2017)

SCHEDULE OF ITEMS FOR OPTION YEAR III

(OCTOBER 1, 2017 – SEPTEMBER 30, 2018)

SCHEDULE OF ITEMS FOR OPTION YEAR IV

(OCTOBER 1, 2018 – SEPTEMBER 30, 2019)

Grand Total to include all options

GRAND

TOTAL $___________

SECTION B – PROJECT WORK STATEMENT

B.1 General

The Contractor shall supply all labor, supervision, equipment, supplies, and services necessary to perform janitorial services for the Seminole Ranger District as stated in Section B.9 Performance Work Statement Tasks with the exception of Government Furnished Property stated in Section B.7. Tasks are expected to be performed accordingly and not upon an “as needed” basis.

This solicitation contemplates an award of a base with four option years. Work on the contract would begin approximately October 1, 2015. The option years are subject to FAR 52.217-9 Option to Extend the Term of the Contract.

B.2 Location The Seminole Ranger District Administrative Office is located at 40929 State Road 19, Umatilla, FL 32784, Lake County, FL

B.3 Description of Work Area The area under this contract covers approximately 4,064 square feet of office space and related areas such as a conference room, entrance/exit ways, corridors, and restrooms. The main office has one floor with two bathrooms, conference room, and kitchen.

B.4 Safety Contractors are subject to all applicable State and Federal OSHA rules and regulations.

Prior to the start of the contract, the Contractor shall submit to the COR a list giving the name and manufacturer, the brand name, and Material Safety Data Sheets with the intended use of each of the materials the Contractor proposes to use in the performance of work. The Contractor shall not use any materials which the COR determines to be unsuitable for the work, or harmful to the surfaces it is intended to be applied to.

B. 5. Security

The Contractor shall protect Government property, buildings, equipment, materials, records, and data against unauthorized access, loss, or damage.

The Contractor shall announce their arrival and departure to employee who may be occupying the building.

Doors shall be left locked unless otherwise instructed.

The Contractor shall ensure that all keys issued by the Government are kept secure and not used by authorized persons. Government-issued keys shall not be duplicated. The Contractor shall reimburse the Government for replacement of locks or re-keying as a result of Contractor loss or negligence.

Only the Contractor’s employees are allowed in the building or on the job site. The Contractor is prohibited from opening locked areas to permit entrance of persons other than the Contractor’s employees.

The Contractor shall not attempt to reconnect or re-plug any computer wiring that is disconnected or disturbed during the performance of this contract. The Contractor shall leave written notification on the COR’s desk of any computer equipment accidentally disconnected.

The Contractor shall not disturb papers on desks, equipment or bulletin boards nor shall the Contractor use Government telephones or other equipment except for emergency use.

B. 6. Contractor Furnished Property

The Contractor shall supply all labor and supervision as well as supplies and equipment necessary to satisfactorily meet or exceed the performance standards of this contract.

The Government will approve all cleaning materials and equipment utilized by the Contractor prior to the start of the contract to ensure that they do not harm, cause permanent damage to Government property, or endanger the health and safety of the occupants of the building. This does not absolve the Contractor for responsibility for any damage caused by approved materials.

Contractor furnished supplies and equipment shall include, but may not be limited to:

• Vacuum cleaners with a HEPA or similar type filter.

• Cleaning equipment that is equipped to prevent marking or denting Government property.

• Cleaning supplies appropriate for glass, ceramic tile, carpet, vinyl floors, wood, bathroom fixtures, metal surfaces, and other materials as appropriate.

• Cleaning equipment such as buckets, brooms, mops, brushes, sponges, cloths, etc.

• Window washing capabilities for all window surfaces covered in the specifications.

• All safety equipment and materials to insure compliance with State and Federal OSHA regulations.

B. 7. Government Furnished Property

The Government will provide the following items of Government property:

• Dumpster/trash container adjacent to the building.

• A storage room for both Contractor and Government supplied equipment and materials.

• Liquid hand soap, toilet paper, toilet seat protectors, urinal screens and deodorizers, plastic trashcan liners, trash bags, and paper towel dispensers.

The Contractor and the Government will coordinate the effective use of the storage area and will mutually monitor the level of the Government furnished supplies to ensure adequate amounts are on hand.

B. 8. Cleaning Scheduling

The Government may schedule events after normal business hours or on weekends. In such cases, the COR will notify the Contractor within 24 hours of the event. Services shall be performed outside of normal business hours as specified in Section B. 9.

Annual services shall be scheduled and approved by the COR. The Contractor shall notify the COR at least three (3) working days prior to beginning these scheduled services with a five (5) working day notice for carpet shampooing. Once started, these services shall be carried through to completion without interruption, weather conditions for outside work allowing. Should the services require more than one day of work, the Contractor shall document the extent and location of the work for each day.

B. 9. Performance Work Statement Tasks

B. 9. 1. Daily Cleaning (Two times weekly – nonconsecutive)

The duties described in this section (B. 9. 1. 1.) should be performed twice weekly. Work must be performed after 5:00 pm on Wednesday and Saturday or Sunday. Weekend hours are flexible.

B. 9. 1. 1. General Office Building

1. Sweep non-carpeted floors and vacuum carpeted floors in high traffic areas.

2. Spot vacuum/sweep and pickup obvious dirt and debris on low traffic areas of carpeted and non-carpeted floors.

3. Spot clean soiled areas on floors, walls, furniture, and other horizontal and vertical surfaces throughout the building where evident.

4. Wipe clean all glass, door handles, and metal surfaces of doors.

5. Wipe clean water-fountain with disinfectant and polish.

6. General spot cleaning where necessary.

7. Empty solid waste in and adjacent to trashcans, including waste labeled as “trash”. Full trash bags must be placed in the bear-proof trash cans outside the back door of the office or, if the bear-proof trash cans are full, must be disposed of off-site. Under no circumstances should trash be left outside overnight. See the attached copy of the Food Storage Order. All work done on site should comply with this Order.

8. Clean and polish the counter top and glass in the reception area.

9. Sweep front and back porches.

B. 9. 1. 2. Restrooms

1. Restock all restroom supplies.

2. Clean and disinfect all restroom floors, surfaces, and fixtures.

3. Empty all restroom trash receptacles.

B. 9. 2. Weekly Cleaning Services

The duties described in this section should be performed on the weekend cleaning day.

B. 9. 2. 1. General Office, Porches, Doorways, and Restrooms

1. Dust all reachable horizontal surfaces and vertical surfaces up to 80 inches height from floor or walkway where accessible. Dusting areas include, but are not limited to: venetian blinds, tables, filing cabinets, window sills, ledges, baseboards, wall hangings, signs, wooden benches, and baseboard heaters. Desks will only be dusted where papers do not cover the desk surface. No computer keyboards will be dusted or cleaned.

2. Thorough vacuuming/sweeping of all carpeted and non-carpeted floor areas in both low and high traffic areas.

3. Wet mop and clean non-forested floors.

4. Wipe clean telephone receivers with disinfectant.

5. Clean, disinfect, and polish sink, countertop, and tables located in the break, lunch, and conference rooms.

6. Clean and disinfect inside and outside of microwave and refrigerator.

B. 9. 3. Monthly Cleaning Services

The duties described in this section should be performed once a month on a pre-scheduled day. Monthly cleaning days should be scheduled with the COR. There must be at least 3 weeks between monthly cleaning services, and no more than 4 weeks between services.

B. 9. 3. 1. General Office and Restrooms

1. Dust all photographic and prints exhibits in the Administrative Office Building.

2. Spot clean all wall surfaces.

3. Damp wipe bookcases, windowsills, and window ledges.

4. Wash the outside and inside panes of windows.

5. Clean all desktops and table tops.

6. Clean all light fixtures, door frames, and areas over doorways and other high surfaces.

B. 9. 4 Annual Cleaning Services

The duties described in this section should be performed once a year on a pre-scheduled day in January or February. Annual cleaning days should be scheduled with the COR.

B. 9. 4. 1. General Office

1. Clean and shampoo carpet. The carpet surface is estimated to be 3,000 square feet.

B. 10. Quality Assurance and Surveillance Plan

The Quality Assurance and Surveillance Plan (QASP) in this section outlines the required services, performance standards, monitoring method, and performance thresholds. The QASP promotes continuous improvement in contractor performance by establishing the expected standards of performance, how these standards will be evaluated, and the threshold below which performance is considered unsatisfactory. Refer to Section B. 15. 1.

for the consequences of failure to achieve the performance threshold.

The Government expects the Contractor to perform at the acceptable levels as described in the QASP throughout the life of the contract.

Example: The Contractor must comply with the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

B.11. Daily Services (Two times per week) Quality Assurance and Surveillance Plan Required Services Performance Standards Monitoring Method Performance Threshold B.9.1.1 Nos. 1-4 Floor and carpet vacuum/sweeping, wet mop

High traffic floor surfaces, including cracks, corners and crevices shall be free of dust, dirt, and other debris. Obvious dust, dirt and debris spot cleaned from low traffic areas.

Vacuum and clean floor mats and area rugs so that mats are free of all visible lint, litter, soil, and other foreign matter. Soil and moisture underneath mats shall be removed and mats returned to their normal location.

All tears, burns, and raveling shall be brought to the attention of the COR.

Non-carpeted floors shall be free of streaks, mop marks, detergent residue, skipped areas, or any evidence of soil, stains, film, debris, or standing water.

Walls and baseboards shall be free of splashing and marks from equipment. The finished areas will have a uniform luster.

The contractor will have chairs, trash receptacles, and easily moveable items tilted or moved to sweep/vacuum underneath and return them to their original position when work is complete. The contractor will not return any item to its original position while the floor is wet which will cause rust marks or any other stains on floor surfaces.

All services will be subject to visual checks by the COR.

All performance standards satisfactorily met and no more than five (5) customer complaints are received and substantiated by the COR per calendar month.

B.9.1.1 No. 5 Doorways and entryways

All glass in doors and doorways are clean and free of smudges, streaks, watermarks, spots, and are not cloudy.

Door handles and metal surfaces of doors are clean and free of dirt, grease and grime.

B.11. Daily Services Quality Assurance and Surveillance Plan (Continued) Required Services

Performance Standards Monitoring Method Performance Threshold

B.9.1.1 No. 6 Water-fountains

The stainless steel surfaces are clean and bright, and free of dust, spots, stains, and streaks. Nozzles are clean and free of encrustation.

All services will be subject to visual checks by the COR.

All performance standards satisfactorily met and no more than five (5) customer complaints are received and substantiated by the COR per calendar month.

B.9.1.1 No. 8 Spot Cleaning

All floors shall be spot cleaned of excessive buildup, spillage, and spots removed along with smears and stains. Spot cleaned areas shall blend in with the surrounding area.

B.9.1.1 No. 9 Solid Waste

All solid waste generated in the building is collected in trash bags, secured and removed off-site. Trashcan liners are replaced and not torn, worn, or contain residue or odors after emptying. Debris and trash deposited adjacent to trashcans and items marked as “trash” are removed off-site. Full trash bags must be placed in the bear-proof trash cans outside the back door of the office or, if the bear-proof trash cans are full, must be disposed of off-site. Under no circumstances should trash be left outside overnight.

B.9.1.1 No. 10 Reception area countertop

Countertops cleaned, polished, and free of dirt, grease, smudges, sticky spots, and streaks.

B.9.1.1 No. 11 Sweep Porches

Front and back porches shall be free of all visible dirt, litter, soil, and other foreign matter.

B.9.1.2 No. 1 Restroom Supplies

Restroom supplies such as toilet paper, seat covers and liquid soap are kept fully stocked.

B.11. Daily Services Quality Assurance and Surveillance Plan (Continued)

Services

Performance Standards Monitoring Method Performance Threshold

B.9.1.2 No. 2 Restroom Cleaning

All surfaces, including floors, partitions, walls, fixtures, doors, are cleaned and disinfected. All porcelain fixtures and metal surfaces are clean and bright. There is no dust, spots, stains, rust, mold, scale, encrustation or excess moisture. Glass surfaces are bright and clean without smudges, streaks or have a cloudy appearance. Corners, crevices and seams are clean and free of dirt or debris. Restrooms have an overall pleasant odor.

All services will be subject to visual checks by the COR.

All performance standards satisfactorily met and no more than five (5) customer complaints are received and substantiated by the COR per calendar month.

B.9.1.2 No. 3 Restroom trash receptacles

Empty, clean, disinfect, and deodorize all waste paper receptacles. Trash bags replaced with new ones.

B.12. Weekly Services Quality Assurance and Surveillance Plan

Services

Performance Standards Monitoring Method Performance Threshold

B.9.2.1 No. 1 Dusting

Reachable horizontal and vertical surfaces free of cobwebs, dust, dust streaks, and marks left by dusting equipment.

Corners and crevices of dusting areas are free of dust and debris.

All services will be subject to visual inspection by the

COR.

All performance standards are satisfactorily met and no more than two (2) customer complaints concerning the weekly services are received and substantiated by the COR per calendar month.

B.9.2.1 No. 2 Thorough vacuuming/swe eping of all areas of carpeted and non-carpeted floors

Walkways, steps, floors, corners, and areas under furniture are clean and free of dust, trash, dirt and debris.

Furniture, baseboards, and other surfaces are free of equipment markings.

B.9.2.1 No. 3 Wet mop non-carpeted floors

Floors and baseboards shall be clean and free of dust, dirt, smudges, stains, debris, and mopping residue. Floor shall be dry prior to re-positioning of mats.

B.9.2.1 No. 4 Telephones

Telephone receivers shall be clean, disinfected and free of dirt, grease, and smudges.

B.9.2.1 No.5 Shower room

Floors, all surfaces, and fixtures shall be cleaned and disinfected.

B.9.2.1 No. 6 Countertops, sinks and tables.

Surfaces shall be clean, disinfected and polished.

B.9.2.1 No. 7 IBM Screens

Screens shall be clean and free of dust, streaks, dusting equipment markings and static build-up.

B.13. Monthly Services Quality Assurance and Surveillance Plan

Services

Performance Standards Monitoring Method Performance Threshold

B.9.3.1 No. 1 Dust exhibits

All photographic and print exhibits shall be free of cobwebs, dust, dust streaks, and marks left by dusting equipment.

All services are subject to visual inspection by the

COR.

All performance standards are satisfactorily met and no more than two (2) customer Complaints are substantiated by the COR concerning the monthly services are received per quarter (3-month period).

B.9.3.1 No. 2 Spot clean walls

All visible walls are free of spillage, spots, smears and stains. Spot cleaned areas blend in with the surrounding area.

B.9.3.1 No. 3 Damp wipe bookcases and window sills

All dirt, spots, streaks, and smudges are removed and the surfaces dry to the touch up to eighty-inches above the floor. No water spotting or wiping residue is present on the sills, ledges, or on window glass.

B.9.3.1 No. 4 Wash windows

Window glass, inside and outside, is clean and free of dirt, grime, streaks, oxidation buildup, spots, and excess moisture and is not cloudy. Windowsills, sashes, woodwork and other surrounds of interior glass are wiped free of drippings and watermarks.

B.9.3.1 No. 5 Clean desktops and tabletops

Desktops and tabletops shall be clean, treated with a wood polish/preservative/cleaner and present a uniform luster.

B.9.3.1 No. 6 Clean light fixtures and other surfaces

Light fixtures, tops of doors, molding ledges, partitions, window and doorframes, and exit signs shall be clean and free of dust, dirt, and debris.

B.14. Annual Services Quality Assurance and Surveillance Plan

Services

Performance Standards Monitoring Method Performance Threshold

B.9.4.1 No. 1 Shampoo carpets

Carpets shall be clean and dry (by the beginning of the next normal working day) and rinsed of cleaning agent residue. Carpet edges shall be clean. Baseboards, furniture and other fixtures adjacent to the carpet shall be free of watermarks, scars or marks from cleaning equipment.

All services are subject to visual inspection by the

COR.

All performance standards are satisfactorily met and no more than two (2) customer complaints concerning the annual services are received and substantiated by the COR per year.

B.9.4.1 No. 2 Linoleum floors.

Foreign substances including old finishes shall be stripped and removed from floor, corners, cracks and crevices. An appropriate level of floor coat finish shall be applied to insure lasting durability. Floor shall be clean, bright and present a like new appearance given normal wear and tear. Corners, crevices and cracks shall be clean. Floors shall be dry and non-slippery.

SECTION C CONTRACT TERMS AND CONDITIONS

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jun 2014)

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

__X__ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), 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 (Apr 2010) (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).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (13) [Reserved]

_X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X__ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (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) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (23) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X__ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.

13126).

_X__ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

___ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (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) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) + (E.O.s 13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

_X__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

_X__ (43) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (44) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 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__ (45) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (46) 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).

___ (47) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note).

___ (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

_X__ (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (52) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (53) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (54) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (56) (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.

(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.]

_X__ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (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).

_X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

_X__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.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).

_X__ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(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, 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 the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

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

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 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.)

(xi) 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)

(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 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)

FAR 52.204-7 -- System for Award Management (JUL 2013)

As prescribed in 4.1105(a)(1), use the following provision:

(a) Definitions. As used in this provision—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database; and

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record “Active”.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number— http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/04.htm#P569_70123

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov .

(End of Provision)

FAR 52.217-5 Evaluation of Options (Jul 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

http://fedgov.dnb.com/webform https://www.acquisition.gov/

(End of Provision)

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within _60_days_;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _60__ days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed September 30, 2018.

(End of Clause)

FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (May 2014)

(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.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(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, contract 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.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(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…