Solicitation Metal Cattle Ear Tags.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

579302

AG-6395-C-12-xxxx

7. FOR SOLICITATION INFORMATION CONTACT:

a. NAME

Leigh Eberhart, Contracting Officer

Leigh.Eberhart@aphis.usda.gov

b. TELEPHONE NUMBER (no collect calls)

(612) 336-3206

8. OFFER DUE DATE/

LOCAL TIME

5/31/2012

1:00 PM CT

USDA, APHIS, MRPBS, ASD, Contracting Team

Butler Square, 5th Floor

100 North Sixth Street

Minneapolis, MN 55403

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UNRESTRICTED OR

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SET-ASIDE 100 % FOR:

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SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

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HUBZONE SMALL FORMCHECKBOX

8(A)

BUSINESS

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SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

NAICS 332999

SIZE

STANDARD:

Employees

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

FOB Destination

12. DISCOUNT TERMS

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13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

FACILITY

USDA, Office of Finance and Management

National Finance Center

PO Box 60075

New Orleans, LA 70160

TELEPHONE NO.

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SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE ATTACHED SCHEDULE

(Use Reverse and/or Attach Additional Sheets as Necessary)

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27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

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27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

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29. AWARD OF CONTRACT: REF. OFFER DATED. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

James Roloff

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

Standard Form 1449 Continuation Page

Base year

Option year 1

Option year 2

Option year 3

Option year 4

Pricing for :

ADDITIONAL SPECIFICATIONS (OPTIONAL TO BE CONSIDERED)

The options listed below will be considered by USDA for inclusion in the contract. Vendors shall provide pricing for including the listed additional specifications. One third of the first article sample must include tags which include the optional specifications listed in the SOW.

1. Request that the offeror provide pricing and list of all colors available for use on identification tags with the exception of red, orange, and pink. The paint requirements for these tags will be the same as the requirements for the vaccination tag.

Pricing_________________ Colors available__________________________________________

2. Request that the offeror provide pricing and their capability for two dimensional symbology known as Data Matrix on the tags. The Data Matrix shall be a two-dimensional representation of the NUES number stamped on the tag and would be imprinted on the outer surface of side 2 between the stamping of the US shield and the letters “VS”. The Data Matrix should be able to be imprinted on all tag types covered under this contract to include tags with a planish finish, baked on enamel finish or plastic coated finish. The Data Matrix must be readable on all appropriate color combinations as agreed to by vendor and USDA.

Pricing and Availablitity___________________________________________________________

3. Request that the offeror provide pricing for including direct shipments of tags to producers and the option of packaging a single strip of 25 tags.

Pricing___________________________________________________________

PART I – THE SCHEDULE

The United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Veterinary Services (VS), seeks a contract to provide Metal Cattle Ear Tags and Taggers to States and Tribes, who will administer the devices to Producers and Accredited Veterinarians in accordance with their animal disease traceability plan.

Schedule Notes:

The resulting contract(s) will be a Firm Fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ) contract. All line items are Indefinite quanities and will be managed in accordance with the Statement of Work below, and clauses 52.216-19 and 52.216-22 contained in the attached addendum. The period of performance for production will commence on 10/1/2012 through 9/30/2017. Please note the requirement for First Article Samples which must be submitted with your proposal and must be approved prior to commencement of production on 10/1/2012. The Government reserves the right to make multiple contract awards to different manufactures clause 52.216-27.

Offeror Notes:

As a minimum, offerors must submit the following to the Contract Specialist to be considered responsive (See Section 52.212-1)

(a) SF-1449 form, Solicitation for Commercial Items, completed and signed.

(b) Price Schedule Line Item(s) completed with price.

(c) Offeror’s Representation and Certifications completed (See Section 52.212-3)

(d) Quality Control Plan PART II – Description/Specification/Work Statement

STATEMENT OF WORK/SPECIFICATION

Metal Cattle Ear Tag, U. S. Department of Agriculture’s (USDA) Animal Plan Health Inspection Service’s (APHIS) Veterinary Services (VS).

SERVICE

To Provide Metal Cattle Ear Tags for USDA’s Traceability Program

SCOPE

Provide official metal clip tags and taggers to States and Tribes that will administer the devices to producers and accredited veterinarians in accordance with their animal disease traceability plan.

PERFORMANCE PERIOD:

1 October 2012 to 30 September 2013 with the option of 4 additional years

TYPE OF CONTRACT

The contract type is an Indefinite-Delivery-Indefinite-Quantity.

MAXIMUM CONTRACT VALUE

No government commitment will be incurred until a task order is issued by a Contracting Officer (CO).

SPECIFICATIONS

The USDA, Animal and Plant Health Inspection Service (APHIS), Veterinary Services (VS), Riverdale, MD, intends to acquire National Uniform Eartagging System (NUES) eartags and official vaccination ear tags. Both of these eartags are metal clip in design and use the NUES number. The vaccination tags, orange in color, are used specifically for brucellosis and vaccination. The silver or “brite” tag is used for general official identification of livestock. For clarification, the following codes will be used to identify the side of the tag being described:

Side 1 -- flat surface with NUES number

Side 2 -- flat surface with dimple for lock bar Side 3 -- self-piercing tip

METAL AND PAINT SPECIFICATIONS

The eartag shall be made of SAE 1008 nickel-zinc plated steel with a minimum coating thickness per side of 0.000075 inches with a planished finish. The thickness of the metal shall be a minimum of 0.042 inches. The metal shall provide 75 hours of protection in a salt spray test using the international standard ASTM-B-117 specifications. ASTM-B-117 describes the required testing procedure and parameters. The steel shall not break or crack upon closure of the eartag. The tags shall have a number 5 slit edge with no burrs. The width of the tag shall be 5/16 to 12/32 of an inch. The end of Side 2 shall be rounded, not squared. The edges of the tag shall be parallel to each other.

The Vaccination tag shall be painted with baked-on enamel or plastic coat of pure orange. The paint shall not contain lead. The paint shall not mar during the application process.

The Silver or Brite tag is a nickel-zinc plated steel. No paint is applied to this tag.

CLOSURE SPECIFICATIONS

The tags shall be of self-piercing and self-locking design. The tag shall have a sharpened tip (Side 3) that will penetrate the animal's ear during the process of closing. Side 3 shall lock/curl under the bar on Side 2 and shall not protrude more than 11/32 of an inch above the inside surface plane of Side 2 after locking. The inside dimension height of the tag after closure shall be 7/16 to 1/2 of an inch at the locking end, measured at 90 degrees to the lock bar. The inside dimension length of the tag after closure shall be 1 7/16 to 1 1/2 inches. Side 1 shall not bend upon closure.

All taggers/applicators must meet the manufacturers specifications for accurate application of the metal eartags described in this SOW.

STAMPING SPECIFICATIONS

The tags shall be stamped with the alpha-numeric serial number and be consecutively numbered as indicated on individual delivery orders issued against the contract. These are roll-over numbers and must not be duplicated until the series is completed at which time the numbering will start over. The numbers and letters are assigned by each state and they will change from delivery order to delivery order. All nine characters of the NUES number shall be stamped on the outer surface between the radius of the curvature of the tine (Side 3) and the radius of the curvature between Side 1 and Side 2 (Example 2).

All characters embedded (stamped) into the metal shall be aligned on the same plane with the top and bottom edges of the characters being parallel with each other, i.e., 93ABC-1234. The edge of the characters shall be at least 1/16 of an inch from the slit edge of Side 1.

All characters shall be Helvetica bold 10 point very large font lettering style unless otherwise approved by APHIS. All characters are embedded (stamped) 0.25 mm +/- 0.01 mm into the metal. All characters shall be 3/16 of an inch high and a minimum of 6.5 characters per linear inch (9 characters per 1 7/16 inches). There shall be a minimum of 0.04 of an inch space between characters.

The letters "US" shall be enclosed in the US Route shield in addition to the legends specified in the schedule of items.

ADDITIONAL SPECIFICATIONS (OPTIONAL)

The options listed below will be considered by USDA for inclusion in the contract. Vendors shall provide pricing for including the listed additional specifications. One third of the first article sample must include tags which include the optional specifications listed in the SOW.

4. Request that the offeror provide pricing and list of all colors available for use on identification tags with the exception of red, orange, and pink. The paint requirements for these tags will be the same as the requirements for the vaccination tag.

5. Request that the offeror provide pricing and their capability for two dimensional symbology known as Data Matrix on the tags. The Data Matrix shall be a two-dimensional representation of the NUES number stamped on the tag and would be imprinted on the outer surface of side 2 between the stamping of the US shield and the letters “VS”. The Data Matrix should be able to be imprinted on all tag types covered under this contract to include tags with a planish finish, baked on enamel finish or plastic coated finish. The Data Matrix must be readable on all appropriate color combinations as agreed to by vendor and USDA.

6. Request that the offeror provide pricing for including direct shipments of tags to producers and the option of packaging a single strip of 25 tags.

PACKAGING

Tags shall be packaged on a durable carrier consisting of at least two sides forming a “V” which align with the inside dimensions of the open tag, to support 25 tags in numerical sequence. The carrier shall prevent tags from falling off either end. Tags shall be packaged on carriers of 25 tags each, in numerical sequence, with four (4) carriers packaged in a Unit Package, 10 unit packages in an Intermediate Package carton.

QUALITY CONTROL

Offeror's shall include a quality control plan with their offers. Failure to provide a quality control plan with the offer may render an offeror nonresponsive and ineligible for award. The plan shall explain the offeror's quality control system and clearly demonstrate the manufacturer's ability to consistently adhere to contract specifications and contract delivery requirements.

Each production lot shipped/delivered must include a quality inspection report that shows the number and type of quality assurance checks performed, the date and time when they were performed, and identify tags that were reworked or rejected. Failure to provide this report will be the basis for rejection of the entire shipment and the contractor will be responsible for all shipping cost involved.

FIRST ARTICLE SAMPLE SPECIFICATIONS

Regarding First Article Approval of this solicitation, the shipping documentation for first article samples shall refer to the contract number assigned to the successful offeror and item identification. The following criterion will be used to evaluate samples:

FAT 1. Readability of the stamped characters. All stamped characters shall be easily read. First article samples serial numbers shall be ascending order with all required characters present.

FAT 2. Quality of the metal. First article samples shall be accompanied by a certified statement from the manufacturer (and a third party evaluator) regarding the type of metal and coating used. The certified statement shall state the results of the salt spray test on the metal used.

FAT 3. Effectiveness of the closure.

FAT 4. Quality of the paint. First article samples shall be accompanied by a certified statement from the manufacture for the type/specification of paint used.

Each of the four categories of performance set forth above shall have a maximum failure rate per category of 3 out of the 300 samples submitted for each item. Failure of more than 3 units in any one category will result in rejection of the First Article Sample.

All First Article Samples must be submitted at the time of the proposal submission. All first article samples must be shipped to:

Vincent Chapman Jr

Program Analyst

Animal Disease Traceability

USDA/APHIS/VS

4700 River Road, Unit 200

Riverdale, MD 20737

Office: (301) 851-3436

Cell: (301) 526-8682

Email: Vince.C.Chapman@aphis.usda.gov MARKING OF UNIT PACKAGES and INTERMEDIATE PACKAGES Each unit package shall be individually package marked (see example 3). Unit packages of the same National Stock Number may then be packaged together for ease of shipment into intermediate shipping containers (see example 4).

Each unit package and each intermediate package shall be marked on the top side of the box with the following information in the following order:

l. Complete National Stock Number

2. Item Description

3. Sequence Number of tags

4. Quantity in the Package and Unit of issue

5. Contract Number

6. Purchase Order Number (if applicable)

7. Hazardous Material Identification (These items require special marking in accordance with Military Standard l29K, June 1988) The marking surface of a unit package shall be the outermost the unit package.

All Packages shall have the tag letter prefix and range of sequence numbers applied in both text format and bar code format. Bar codes are to be of Code 3 of 9 symbology, generally of medium density (3.0 to 9.4 characters per inch). The extended 3 of 9 character set is NOT to be utilized. All the bar codes and human readable interpretation (HRI) shall meet the specifications contained in MIL-STD 1189B, Standard Department of Defense Bar Code Symbology. The HRI shall be an exact interpretation of the bar code data and shall not contain spaces or start/stop characters. The required location for the HRI is below the barcode markings.

The lettering for all marking on all sizes of containers shall be in capital letters of equal height, shall be clearly legible and shall be proportionate to the available marking space on the container. When marking space permits, markings shall be not less than ¼ inch nor more than 1 inch in height. Unless otherwise specified in the procurement or contract document, identification, contract data, and address markings shall be not less than .095 inches (approximately 3/32 of an inch).

MARKING OF EXTERIOR PACKAGES

The exterior package shall be marked with the same information in Items 1 through 7 above plus the contractor's name and address (including zip code) and the gross weight and cube of the exterior container.

All markings shall be legible and are to be located such that the markings may be easily read from a distance of five feet when stored on shelves or stacked in the warehouse. All markings shall be located so as not to be destroyed when the pack is opened for inspection. Markings shall be placed so as not to be obscured by the strapping or closure tape.

On boxes and crates under 10 cubic feet, exterior markings shall be applied to the upper left two-thirds of the side of the container having the largest marking surface area. The address label for shipment shall be applied on the same side of the container. If the container is too small to accommodate the address label on the identification marking side, it shall be applied on the opposite side of the container.

If a shipment is palletized, the pallet size must be a standard size. The maximum stacking height shall not exceed 52". The shipment shall be palletized in numerical order, shrink-wrapped and double strapped with metal or nylon straps. Markings should be standardized as to letter type and size. The minimum height for numbers and letters is 3/8".

DO NOT DOUBLE STACK PALLETS. Tags that are produced in alpha and numerical sequence shall be arranged on the pallet in descending order (metal ear tags, no more than 60 mx per pallet (mx = thousand).) Warehouse personal must be able to read the label of each box to verify each sequence.

DELIVERIES:

All deliveries must be sent to the following address:

USDA, APHIS, VS Warehouse

1500 East Bannister Road

Bldg. 41

Kansas City, MO 64131 Note: The USDA APHIS VS Warehouse is scheduled to relocate within 18 months and a new address will be provided at later date.

PACKING SLIP DOCUMENTATION

Each stand-alone package (a stand-alone package is defined as the outermost container of a shipment) shall be individually marked and include a packing slip on the outside, which identifies the item packaged. Additionally, all stand-alone packages shall contain an internal packing slip to insure proper documentation in the event of loss of the external packing slip.

Each packing slip must be clearly legible and include the following information:

1. National Stock Number

2. Item Description

3. Sequence number of tags

4. Quantity of the Units of issue contained inside

5. Contract Number

6. Delivery Order Number

7. Hazardous Material Identification (These items require special marking in accordance with Military Standard-129, June 1988)

8. Package number and total number of packages (e.g. 1 of 5)

If desired, the contract number and purchase order number may be marked in the heading of the packing slip in order to avoid repetition. The packing slip shall be securely attached to the end or side of the container, and sealed in a waterproof container conforming to MIL PPP-E540, Class 1. They shall be secured to the exterior of the palletized load or containers in the most protected location with tape, or pressure sensitive adhesive backing applied to containers other than wood. On wood containers, tacks or staples shall be used.

Each individual box of tags must contain or display accurate manufacturer instructions explaining the proper storage, and application of the tags.

The Manufacturer will provide a simple 60 second “YouTube” style video demonstrating the correct application of the tag. This video can be made available on the manufacturer’s web site and/or provided to USDA to make it available to agricultural officials, field staffs, markets, tagging stations, and producers.

TRANSSHIPMENTS

All Master cartons shall be constructed to withstand shipment from the manufacturer to the Warehouse destination and back out to the Customer or End Users. Master cartons shall meet Federal Express and United Parcel Service shipping requirements. Boxes shall be sealed in two directions (length and girth), with reinforced tape.

Draft Evaluation Criteria The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

TECHNICAL

Demonstrate your capabilities to meet all requirements in this Statement of Work regarding product and design specifications and requirements; paint, closure and stamping, packaging, quality, marking, warranty, operator instructions and delivery requirements.

PAST PERFORMANCE

Most current references from relevant customers preferably federal contracts, or state and local contracts. Provide Point of Contact (POC), name, title, phone number and e-mail address.

PRICE:

The contractor to provide most favorable pricing to meet the requirements of the SOW.

Government Contacts:

Lisa A. Brown

Logistics Chief-NVS

US Department of Agriculture

Animal and Plant Health Inspection Service

4700 River Road, 5B-02.17

Riverdale, MD 20737

(301) 851-3553 Lisa.a.brown@aphis.usda.gov Contracting Officers Technical Representative (COTR):

Vincent Chapman Jr

Program Analyst

Animal Disease Traceability

USDA/APHIS/VS

4700 River Road, Unit 200

Riverdale, MD 20737

Office: (301) 851-3436

Cell: (301) 526-8682

Email: Vince.C.Chapman@aphis.usda.gov Point of Contact for Invoicing:

Melody Allison Warehouse Specialist

USDA APHIS Warehouse

1500 East Bannister Road

Bldg. 41

Kansas City, MO 64131

Office: (816) 926-5163

Cell: (816) 516-5946

Email: Melody.allison@aphis.usda.gov Note: All invoices for payment of services should be submitted via mail and electronically to melody.allison@aphis.usda.gov Example 1

Example 2

Example 3

Example 4

NSN

Description

Tag Series

Quantity

Contract #

Delivery Order #

52.212-4 -- Contract Terms and Conditions -- Commercial Items.

As prescribed in 12.301(b)(3), insert the following clause:

Contract Terms and Conditions -- Commercial Items (Feb 2012)

(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 the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). 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—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), 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 out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423, or 269-961-5757.

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2012)

(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)).

____ 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) (Pub. L. 108-77, 108-78).

(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 (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (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 (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

___ (6) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).

___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

___ (8) 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).

___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (10) 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).

___ (11) [Reserved]

_X__ (12) (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).

___ (13) (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__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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.

___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (19) (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.

___ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

_X__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

_X__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X__ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

___ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (34) 52.222-54, Employment Eligibility Verification (Jan 2009). (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.)

___ (35) (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.)

___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

___ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

_X__ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (May 2012) (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, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42).

___ (ii) Alternate I (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Mar 2012) of 52.225-3.

___ (41) 52.225-5, Trade Agreements (May 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X_ (42) 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).

___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X__ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

___ (48) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (51) (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 Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_X__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_X__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (8) 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…