Final_Alfatoxin_Test_Kits_S-15-0006_12-16_PYH.rtf

Alfatoxin Test Kits

AG-6395-S-15-0006

SUPPLIES OR SERVICES AND PRICES/COSTS

ITEM NO. EST.QUANTITY UNIT UNIT PRICE

TOTAL PRICE

Base Period: date of award through September 30, 2015

1 . Quantitative Aflatoxin Test Kits Water-Based 10,000 EA file_0.wmf

2. Quantitative Aflatoxin Test Kits Solvent –Based 10,000 EA file_1.wmf

Option Period One: October I , 2015 through September 30, 2016

Offeror Notes:

The The Government intends to award multiple contract(s) to the responsible offeror whose offer(s) conforms to the solicitation and is most advantageous to the Government, with price and other factors considered. Offerors are reminded to provide enough information so that an evaluator can rate the above factors. The combined weight of technical and past performance factors will be more important compared to price related factors. Therefore, award may be made to other than the offer with the lowest quote. The Government intends to make an award decisions without discussions. Each offeror is encouraged to provide the Government with all of the information necessary to evaluate their proposal.

(a) The resulting contract will be a firm, fixed priced, IDIQ contract.

(b) In accordance with FAR 52.212-1 (b)(10) Please ensure your firms provides past performance references.

(c) In accordance with FAR 52.212-1 (b) (8) A completed copy of the representation and certifications at FAR 52.212-3 is required with submission of proposal, if not already completed in www.sam.gov.

(d) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

STATEMENT OF WORK AFLATOXIN TEST KITS (WATER BASED)

INTRODUCTION / BACKGROUND:

The United States Departments of Agriculture (USDA, Grain Inspection, Packers & Stockyards Administration (GIPSA), has annual requirement for an estimated 10,000 quantitative aflatoxin test kits. Alfatoxin is a toxic mycotoxin produced by certain strains of mold. High temperature and humidity promotes the infection of corn and other grains and commodities.

The Contracting is limited to vendors who currently have an FGIS-approved water-based quantitative test method.

B. DEFINITIONS

Contracting Officer (CO) - The government employee responsible for executing/administering and providing direction on the contract, the Contracting Officer for the USDA, GIPSA, Federal Grain Inspection Service.

Contracting Officer’s Technical Representative (COTR) - Contracting Officer’s Technical Representative. Assists the Contracting Officer when requested by the Contracting Officer.

Contractor - A person or company who enters into a contract with the Grain Inspection, Packers and Stockyards Administration for the performance of specified service(s).

Delivery Locations - An office or laboratory location of the GIPSA, Federal Grain Inspection Service designated to perform or supervise official inspection services and Class X and Class Y weighing services.

C. REQUIREMENTS / SPECIFICATIONS

The Contactor must:

Provide a quantitative water-based extraction test kit capable in analyzing total aflatoxin (B1, B2, G1, G2) in corn.

It is desirable that they be able to analyze alflatoxins in as many of the following commodities as possible: corn germ meal, corn gluten feed, corn gluten meal, corn meal, corn/soy blend, corn screenings, flaking corn grits, corn flour, corn bran, cracked corn, milled rice, rough rice, brown rice, rice bran, condensed distillers solubles, dried distillers grains, dried distillers grains, with solubles, popcorn, oats, rye, sorghum, soybeans, and wheat. If one test cannot satisfactorily analyze total aflatoxin in all commodities, the Government may make multiple awards which provide the full range of testing capability required by the Government.

In the proposal the contractor must include a list of equipment that will be required for the test kit(s) offered for testing. Additionally, the contractor selected to fulfill the contract must provide adequate training at no charge to the government, for a minimum of two GIPSA employees at each GIPSA office included in the award. See attachment A for a list of GIPSA offices/delivery locations.

Notify the government of any changes or alterations to the test kit (as per Section 11 of FGIS Directive 9181.2 Performance Verification of Qualitative Mycotoxin and Biotech Rapid test Kits).

The Test kit must:

The test kits shall be capable of analyzing total aflatoxins in the commodities identified above, with a testing range from 5 to 100 ppb.

Complete extraction and analysis in 30 minutes or less, and must be simple to use.

The testing shall not expose employees to toxic or hazardous substances higher than OSHA standards (CFR 1910.1000), when testing is done in accordance to manufacturer’s instructions or require special waste disposal.

All components of the test kit must have a minimum shelf life of three months. Only test kits requiring storage above 32 degrees will be considered for award, with storage at room temperature being preferred.

Provide one Material Safety Data Sheet shall be provided with each shipment of test kits, regardless of quantity shipped.

Ensure the unit price includes all cost to test one grain sample for aflatoxin content. The Government normally only test one sample at a time, although firms provide test kits in various size multi packs for ease of use, ordering and distribution

Note: Offerors may propose to ship expendables / consumables in packages rather then included in the proposed kit, provided the offeror’s proposal contains enough information to ensure the Government can mathematically convert the consumables into a per test cost and add to the unit price in the schedules.

BILLING

Contractor must register and maintain their SAM (System for Award Management) account by keeping it current and active during the period of performance.

Contractor must accept ACH and credit card payments.

Contractor must register in Treasury’s Invoice Processing Platform (IPP.GOV) to submit invoice(s) for payment under the delivery award.

Each invoice (bill) submitted in IPP.GOV must contain the delivery location for the individual order.

PERIOD OF PERFORMANCE

The Blanket Purchase Agreement (BPA) for Aflatoxin test kits is effective from date of issuance for 1 year. The established BPA will contain unit pricing for the base year, and 4 optional years.

The Contractor shall provide the service when requests are placed against this BPA by the authorized delivery locations during the contract period of performance.

The Government is obligated only to the extent of authorized purchases made under the BPA.

Unilateral termination of this BPA may occur at any time by either party.

BPA Ceiling: The service requests must not exceed $100,000 per fiscal year. Total cumulative value of requests under this BPA must not exceed $500,000. There is no minimum guarantee under this BPA. (BPA or IDIQ or requirements contract?)

AUTHORIZED DELIVERY LOCATIONS UNDER THE BPA

The government requires delivery within 30 days after the Government sends the contractor a BPA call. Order quantities may vary according to the needs of the individual ordering office.

Delivery locations below:

1.

USDA, GIPSA, FGIS

1745 Buford St. Suite A Beaumont, TX 77704 409-839-2425 2.

USDA, GIPSA, FGIS

c/o Louis Dreyfus Elev 1500 South Main Galena Park, TX 77547 713-671-7100 3.

USDA, GIPSA, FGIS

c/o Cargill Westwego 933 River Road Westwego, LA 70094 504-436-0217 4.

USDA, GIPSA, FGIS

160 Penniman Circle Brunswick, GA 31525 912-280-0040 5.

USDA, GIPSA, FGIS

c/o ADM/GRAIN 3100 Wharf Road Galveston, TX 77550 409-763-6443 6.

USDA, GIPSA, FGIS

c/o Cargill TH Reserve 2154 Hwy 44 Reserve, LA 70084 985-536-1500 7.

USDA, GIPSA, FGIS

c/o Cargill Grain Elevator 16150 Peninsular Blvd, (Jacintoport) Channelview, TX 77530 281-457-7000 8.

USDA, GIPSA, FGIS

Protein Coordinator 1100 NW Naito Parkway Portland, OR 97209-2818 503-326-7887 9.

USDA, GIPSA, FGIS

c/o ADM/GMK Reserve 2032 Hwy 44 Reserve, LA 70084 985-536-1151 10.

USDA, GIPSA, FGIS

c/o Zen Noh Grain 8886 Hwy 44 Convent, La 70723 504-416-6789 11.

USDA, GIPSA, FGIS

1025 E. Main Street. Suite #104 League City, TX 77573 281-338-2787 12.

USDA, GIPSA, FGIS

c/o ADM/GMK Ama 11079 River Road Ama, LA 70031 504-431-8245 13.

USDA, GIPSA, FGIS

2121 Navigation Blvd Corpus Christi, TX 78402 361-888-3461 14.

USDA, GIPSA, FGIS

1910 Indian Wood Cir, Suite 401 Maumee OH 43537 419-893-2984 15.

USDA, GIPSA, FGIS

Cenex Harvest States 434 E. Ravenna Road Belle Chasse. LA. 70037 504-656-2195 16.

USDA, GIPSA, FGIS

104 Campus Dr. Suite 200 Destrehan, LA 70047- 985-764-2324 17.

USDA, GIPSA, FGIS

11700 S. Torrence Ave.

Chicago, IL 60617-7211 18.

USDA, GIPSA, FGIS

c/o Louis Dreyfus Port Allen 520 Elevator Road Port Allen, LA 70767 225-383-5221 19.

USDA, GIPSA, FGIS

c/o ADM/GMK Destrehan 12710 River Road Destrehan, LA70047 985-764-7843 20.

USDA, GIPSA, FGIS

c/o ADM/GMK ST. Elmo 3338 Hwy 44 Paulina, LA 70763 225-869-4239 21.

USDA, GIPSA, FGIS

c/o Bunge Grain Elevator 12442 River Road Destrehan, LA 70047 985-764-2160 22.

USDA, GIPSA, FGIS

Technology and Science Division.(TSD) 10383 N. Ambassador Dr. Kansas City, MO 64153 816-891-0469 23.

USDA, GIPSA, FGIS

Tempco-Portland 800 North River street Portland, OR 97227

24.

USDA, GIPSA, FGIS

Louis Dreyfus Commodities Foot of North Holladay St.

Portland, OR 97232

25.

USDA, GIPSA, FGIS

960 E Bay Street Milwaukee, WI 53207

Note: TSD will order test kits against the contract as needed, but will have the option to order from other sources as required for compatibility with other activities.

STATEMENT OF WORK AFLATOXIN TEST KITS (SOLVENT BASED)

INTRODUCTION / BACKGROUND:

The United States Departments of Agriculture (USDA, Grain Inspection, Packers & Stockyards Administration (GIPSA), has annual requirement for an estimated 10,000 quantitative aflatoxin test kits. Aflatoxin is a toxic mycotoxin produced by certain strains of mold. High temperature and humidity promotes the infection of corn and other grains and commodities.

The Contracting bid is limited to vendors who currently have an FGIS-approved solvent-based extraction quantitative test method.

B. DEFINITIONS

Contracting Officer (CO) - The government employee responsible for executing/administering and providing direction on the contract, the Contracting Officer for the USDA, GIPSA, Federal Grain Inspection Service.

Contracting Officer’s Technical Representative (COTR) - Contracting Officer’s Technical Representative. Assists the Contracting Officer when requested by the Contracting Officer.

Contractor - A person or company who enters into a contract with the Grain Inspection, Packers and Stockyards Administration for the performance of specified service(s).

Delivery Locations - An office or laboratory location of the GIPSA, Federal Grain Inspection Service designated to perform or supervise official inspection services and Class X and Class Y weighing services.

C. REQUIREMENTS / SPECIFICATIONS

The Contactor must:

Provide a quantitative water-based extraction test kit capable in analyzing total aflatoxin (B1, B2, G1, G2) in corn.

It is desirable that they be able to analyze alflatoxins in as many of the following commodities as possible: corn germ meal, corn gluten feed, corn gluten meal, corn meal, corn/soy blend, corn screenings, flaking corn grits, corn flour, corn bran, cracked corn, milled rice, rough rice, brown rice, rice bran, condensed distillers solubles, dried distillers grains, dried distillers grains, with solubles, popcorn, oats, rye, sorghum, soybeans, and wheat. If one test cannot satisfactorily analyze total aflatoxin in all commodities, the Government may make multiple awards which provide the full range of testing capability required by the Government.

In the proposal the contractor must include a list of equipment that will be required for the test kit(s) offered for testing. Additionally, the contractor selected to fulfill the contract must provide adequate training at no charge to the government, for a minimum of two GIPSA employees at each GIPSA office included in the award. See attachment A for a list of GIPSA offices/delivery locations.

Notify the government of any changes or alterations to the test kit (as per Section 11 of FGIS Directive 9181.2 Performance Verification of Qualitative Mycotoxin and Biotech Rapid test Kits).

The Test kit must:

The test kits shall be capable of analyzing total aflatoxins in the commodities identified above, with a testing range from 5 to 100 ppb.

Complete extraction and analysis in 30 minutes or less, and must be simple to use.

The testing shall not expose employees to toxic or hazardous substances higher than OSHA standards (CFR 1910.1000), when testing is done in accordance to manufacturer’s instructions or require special waste disposal.

All components of the test kit must have a minimum shelf life of three months. Only test kits requiring storage above 32 degrees will be considered for award, with storage at room temperature being preferred.

Provide one Material Safety Data Sheet shall be provided with each shipment of test kits, regardless of quantity shipped.

Ensure the unit price includes all cost to test one grain sample for aflatoxin content. The Government normally only test one sample at a time, although firms provide test kits in various size multi packs for ease of use, ordering and distribution.

Note: Offerors may propose to ship expendables / consumables in packages rather then included in the proposed kit, provided the offeror’s proposal contains enough information to ensure the Government can mathematically convert the consumables into a per test cost and add to the unit price in the schedules.

BILLING

Contractor must register and maintain their SAM (System for Award Management) account by keeping it current and active during the period of performance.

Contractor must accept ACH and credit card payments.

Contractor must register in Treasury’s Invoice Processing Platform (IPP.GOV) to submit invoice(s) for payment under the delivery award.

Each invoice (bill) submitted in IPP.GOV must contain the delivery location for the individual order.

The Blanket Purchase Agreement (BPA) for Aflatoxin test kits is effective from date of issuance for 1 year.

The Contractor shall provide the service when requests are placed against this BPA by the authorized delivery locations during the contract period of performance.

The Government is obligated only to the extent of authorized purchases made under the BPA.

Unilateral termination of this BPA may occur at any time by either party.

BPA Ceiling: Total cumulative value of requests under this BPA must not exceed $100,000. There is no minimum guarantee under this BPA.

AUTHORIZED DELIVERY LOCATIONS UNDER THE BPA

The government requires delivery within 30 days after the Government sends the contractor a delivery order. Order quantities may vary according to the needs of the individual ordering office.

Delivery locations below:

1.

USDA, GIPSA, FGIS

1745 Buford St. Suite A Beaumont, TX 77704 409-839-2425 2.

USDA, GIPSA, FGIS

c/o Louis Dreyfus Elev 1500 South Main Galena Park, TX 77547 713-671-7100 3.

USDA, GIPSA, FGIS

c/o Cargill Westwego 933 River Road Westwego, LA 70094 504-436-0217 4.

USDA, GIPSA, FGIS

160 Penniman Circle Brunswick, GA 31525 912-280-0040 5.

USDA, GIPSA, FGIS

c/o ADM/GRAIN 3100 Wharf Road Galveston, TX 77550 409-763-6443 6.

USDA, GIPSA, FGIS

c/o Cargill TH Reserve 2154 Hwy 44 Reserve, LA 70084 985-536-1500 7.

USDA, GIPSA, FGIS

c/o Cargill Grain Elevator 16150 Peninsular Blvd, (Jacintoport) Channelview, TX 77530 281-457-7000 8.

USDA, GIPSA, FGIS

Protein Coordinator 1100 NW Naito Parkway Portland, OR 97209-2818 503-326-7887 9.

USDA, GIPSA, FGIS

c/o ADM/GMK Reserve 2032 Hwy 44 Reserve, LA 70084 985-536-1151 10.

USDA, GIPSA, FGIS

c/o Zen Noh Grain 8886 Hwy 44 Convent, La 70723 504-416-6789 11.

USDA, GIPSA, FGIS

1025 E. Main Street. Suite #104 League City, TX 77573 281-338-2787 12.

USDA, GIPSA, FGIS

c/o ADM/GMK Ama 11079 River Road Ama, LA 70031 504-431-8245 13.

USDA, GIPSA, FGIS

2121 Navigation Blvd Corpus Christi, TX 78402 361-888-3461 14.

USDA, GIPSA, FGIS

1910 Indian Wood Cir, Suite 401 Maumee OH 43537 419-893-2984 15.

USDA, GIPSA, FGIS

Cenex Harvest States 434 E. Ravenna Road Belle Chasse. LA. 70037 504-656-2195 16.

USDA, GIPSA, FGIS

104 Campus Dr. Suite 200 Destrehan, LA 70047- 985-764-2324 17.

USDA, GIPSA, FGIS

11700 S. Torrence Ave.

Chicago, IL 60617-7211 18.

USDA, GIPSA, FGIS

c/o Louis Dreyfus Port Allen 520 Elevator Road Port Allen, LA 70767 225-383-5221 19.

USDA, GIPSA, FGIS

c/o ADM/GMK Destrehan 12710 River Road Destrehan, LA70047 985-764-7843 20.

USDA, GIPSA, FGIS

c/o ADM/GMK ST. Elmo 3338 Hwy 44 Paulina, LA 70763 225-869-4239 21.

USDA, GIPSA, FGIS

c/o Bunge Grain Elevator 12442 River Road Destrehan, LA 70047 985-764-2160 22.

USDA, GIPSA, FGIS

Technology and Science Division.(TSD) 10383 N. Ambassador Dr. Kansas City, MO 64153 816-891-0469 23.

USDA, GIPSA, FGIS

Tempco-Portland 800 North River street Portland, OR 97227

24.

USDA, GIPSA, FGIS

Louis Dreyfus Commodities Foot of North Holladay St.

Portland, OR 97232

25.

USDA, GIPSA, FGIS

960 E Bay Street Milwaukee, WI 53207

Note: TSD will order test kits against the contract as needed, but will have the option to order from other sources as required for compatibility with other activities.

Period of performance is from date of award through 5 years (or options?), unless extended or terminated.

GOVERNMENT CONTACTS

The following contacts are the only persons authorized to interact with the contractor on this contract:

Contract Specialist – For contract related issues:

Patricia Y. Harris, Contract Specialist – (612) 336-3207: patricia.y.harris@aphis.usda.gov

INVOICING INFORMATION

The USDA, APHIS uses the Invoice Processing Platform (IPP) for electronic submission and tracking of invoices and payment information to its suppliers of goods and services. Invoices shall be submitted electronically to the IPP invoicing system. The contractor may register at https://ipp.gov" https://ipp.gov

(viii) Provision 52.212-1, Instructions to Offerors—Commercial Items (July 2013), applies to this acquisition

(ix) Provision at 52.212-2, Evaluation—Commercial Items (Jan 1999) does apply to this acquisition. This is a best value low priced technically acceptable acquisition using FAR 13.106-2 evaluation procedures. The following factors will be evaluated: Price, past performance and technical capability. Award will be made to the lowest priced offeror who meets the attached technical specifications and has acceptable past performance.

(x) Offerors shall complete at 52.212-3, Offeror Representations and Certifications—Commercial Items (Nov 2013) and submit a copy of the representation with its offer. Please note that certifications can be completed online at https://orca.bpn.gov/. A copy of the complete clause can be found online at https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179124 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 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—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 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 as 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. 4712 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, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations 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) System for Award Management (SAM).

(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 SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM 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 SAM database to ensure it is current, accurate and complete. Updating information in the SAM 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 FAR 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 SAM database; (B) comply with the requirements of Subpart 42.12; and (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 SAM 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 SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM 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 SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Dec 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)).

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

X__ (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 Pub. L. 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 Set-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 (Jul 2013) (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 (Jul 2010) of 52.219-9.

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

X__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting 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. 657 f).

X__ (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).

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

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

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

__ (39)(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.

X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

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

__ (42)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 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, 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 (Mar 2012) of 52.225-3.

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

__ (iv) Alternate III (Nov 2012) of 52.225-3.

__ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (45) 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).

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (48) 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)).

__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X__ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).

__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (54)(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.).

__ (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.).

__ (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.).

__ (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) (41 351, 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) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 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) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (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 (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(v) 52.222-35,…