Attachment 2 _Contract Clauses_RFQ 1333BJ23Q00280037.pdf

Attachment 2: Contract Clauses

RFQ 1333BJ23Q00280037

The following clauses are hereby incorporated in full text:

CAR 1352.201-72 Contracting Officer's Representative (COR)

(To be completed at time of award)

(a) is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

Phone Number:

E-mail:

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

CAR 1352.239-70 Software License Addendum Software License Addendum (APR 2010)

(a) This Addendum incorporates certain terms and conditions relating to Federal procurement actions. The terms and conditions of this Addendum take precedence over the terms and conditions contained in any license agreement or other contract documents entered into between the parties.

(b) Governing Law: Federal procurement law and regulations, including the Contract Disputes Act, 41 U.S.C. Section 601 et. seq. , and the Federal Acquisition Regulation (FAR), govern the agreement between the parties. Litigation arising out of this contract may be filed only in those fora that have jurisdiction over Federal procurement matters.

(c) Attorney's Fees: Attorney's fees are payable by the Federal government in any action arising under this contract only pursuant to the Equal Access in Justice Act, 5 U.S.C. Section 504.

(d) No Indemnification: The Federal government will not be liable for any claim for indemnification; such payments may violate the Anti-Deficiency Act, 31 U.S.C. Section 1341(a).

(e) Assignment: Payments may only be assigned in accordance with the Assignment of Claims Act, 31 U.S.C. Section 3727, and FAR Subpart 32.8, “Assignment of Claims.”

(f) Invoices: Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. Section 3903) and Office of Management and Budget (OMB) Circular A–125, Prompt Payment.

(g) Patent and Copyright Infringement: Patent or copyright infringement suits brought against the United States as a party may only be defended by the U.S. Department of Justice (28 U.S.C. Section 516).

(h) Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement.

(i) Renewal may only occur in accord with (1) the mutual agreement of the parties; or (2) an option renewal clause allowing the Government to unilaterally exercise one or more options to extend the term of the agreement.

(End of clause)

FAR 52.211-6 Brand Name or Equal (Aug 1999) Brand Name or Equal (Aug 1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by-

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

FAR 52.217-7 Option for Increased Quantity-Separately (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within [within the period of performance]. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

FAR 52.217-8 – Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period of performance.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within five (5) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three years and six months.

PTO-04 Data Security (Oct 2022)

(a) Restrictions on Reproduction and Disclosure of Government Data.

(1) The Contractor agrees, during the performance of this contract, to keep the information and data, including any controlled unclassified information (CUI), furnished by the Government or acquired and/or developed by the Contractor in performance of this contract in the strictest confidence. The Contractor agrees to maintain the confidentiality of all such data to which access may be obtained throughout contract performance whether the data is transmitted, in process or at rest. Title to any confidential information furnished, acquired and/or developed by the Contractor under this contract does not vest in the Contractor unless expressly provided under the contract. The Contractor agrees not to use, redistribute, publish, divulge, reproduce or disclose, in whole or in part, including any interpretation thereof or data derivative, the information or data obtained, furnished, developed or acquired under this contract, whether in process, at rest or transmitted by the Contractor, nor authorize others to do so, except as specified by the contract.

(2) All personnel under the contract with access to Government data under this contract must sign a Non-

Disclosure Agreement (NDA) to guarantee the protection and integrity of Government information and data. The Contractor shall provide copies of the signed NDA to the Contracting Officer’s Representative within 72 hours of execution of the form.

(3) The Contractor agrees to comply with the security requirements of this contract, including the personnel, data handling and information technology requirements, and to take reasonable measures to restrict access to such information while in the Contractor’s possession to those employees needing such information to perform the work described herein, i.e. on a “need to know” basis. At the Contracting Officer’s discretion, any violation of security requirements under the contract may result in USPTO availing itself of any of the remedies available under the contract including contract termination. The Contractor is responsible for safeguarding all government data and property provided under the contract and implement the requirements under the media sanitization policy.

(b) Restrictions on Reproduction and Disclosure of Confidential Patent Applications and Information

Concerning the Same.

(1) In addition to government information and data furnished during the course of performance under this contract, the Contractor may be provided access to confidential patent application and information concerning the same. Confidential patent application and information concerning the same shall be kept in confidence pursuant to 35 U.S.C. §122. In addition to the restrictions on reproduction and disclosure of information identified above, the Contractor must also comply with the following provisions.

(2) For purposes of this contract, the “confidential patent application and information concerning the same” that must be kept in confidence pursuant to 35 U.S.C. §122 and associated USPTO regulations includes patent applications that are unpublished, abandoned, subject to a secrecy order, provisional applications, design patent applications, and/or patent applications subject to a nonpublication request by the applicant, and information concerning the same. The information concerning the same includes, without limitation, the patent application file, information concerning the filing, pendency or subject matter of an application for patent, including the existence or non-existence of the patent application and status information of the patent application, in any medium, and includes duplicate, copied and original patent applications and related data and information concerning the same. “Status information” includes –

(i) Whether an application is pending, abandoned, or patented;

(ii) Whether the application has been published;

(iii) The application’s numeric identifier (e.g. the patent application serial number); and

(iv) Whether another application claims the benefit of the application and if so, the status information and relationship of the other applications.

(3) Prior to release of any information or data involving the confidential patent application or information concerning the same to another entity, the Contractor must notify the Contracting Officer and obtain permission to release the information.

(4) The Contractor shall not disclose any information contained in any confidential patent application or information concerning the same furnished by the Government or acquired and/or developed by the Contractor in performance of the contract. The Contractor shall not use, redistribute, publish, divulge, reproduce or disclose, in whole or in part, including any interpretation thereof or data derivative of any confidential patent application or information concerning the same obtained, developed and/or acquired in the performance of this contract, whether in transit, process or at rest, for any purposes not authorized under the contract, including research and development or other business purposes, unless permitted by contract or express permission in writing is obtained by the Contracting Officer. Additionally, the Contractor agrees that without prior permission from the Contracting Officer, it shall not:

(i) Use such confidential patent application or information concerning the same for any private or business purpose;

(ii) Submit a patent application to the USPTO or any other entity that is based on such information;

(iii) Release confidential information unless such information has previously been released or otherwise made available to the public by the USPTO or the World Intellectual Property Organization.

(5) Security and confidentiality requirements for information contained in a confidential patent application or information concerning the same maintained in a computer accessible medium are an extension of the security and confidentiality requirements for the hard copy or of confidential patent application folders containing such files. All processing, storage, or transmission of information contained in the confidential patent application and related data including the confidential patent file or information concerning the same by means of electronic communications systems is prohibited unless and until the use is approved by the USPTO.

(6) Information contained in any confidential patent application file(s) or data is restricted to authorized

Contractor personnel on a need to know basis solely to perform the requirements under the contract.

All Contractor personnel having access to patent applications or data or information concerning the same must take the following affirmation, pursuant to the confidentiality obligations set forth in 35 U.S.C. §122, and sign with either digital or wet signature prior to accessing any patent applications, data or information concerning the same:

“I acknowledge that I received indoctrination regarding the nature and protection of information that I have been provided conditional access, and I do swear and affirm that I will preserve, keep and maintain the confidential patent application and related data in confidence pursuant to 35 U.S.C. §122. I understand my responsibilities for protecting such information that I may have access to in accordance with the terms of this contract. I will only use the confidential patent application and related data that I have been granted conditional access to only to perform tasks under this contract in accordance to the contract terms and for no other purpose. I will not divulge any patent application or related data to persons that do not have a need to know while employed in work under this contract or at any time thereafter, and that I take this obligation freely, and without mental reservation or purpose of evasion.”

(7) The Contractor is to provide a list to the Contracting Officer’s Representative of all personnel that signed the affirmation within 72 hours. The copies of the affirmations shall be retained in the Contractor’s files and are subject to inspection by authorized Government representatives or third-party contractors supporting the Government representatives. Without advance notice, the Government shall have the right to inspect the Contractor’s premises, records, and work in process to ensure compliance with these provisions.

(8) If any personnel performing under the contract no longer require ongoing or routine logical or physical access to confidential patent applications or information concerning the same, the Contractor must reduce or revoke access privileges to the information within 72 hours.

(c) Notification Requirements.

The Contractor must comply with all notification of potential or actual breach and/or incident provisions under this contract. In addition, if the Contractor discovers or has reason to suspect confidential patent applications, related data or any part thereof have potentially or actually been publicly displayed on unapproved platforms or applications and/or accessed, viewed, provided to or obtained by persons or entities without need to know or not performing on the contract, the Contractor must immediately notify the Contracting Officer with a statement of the facts and circumstances known at the time within 72 hours of identification. Nothing in this provision relieves the Contactor from any other reporting requirements in this contract.

(d) Flow-Down of Requirements.

The Contractor must insert this clause in all subcontracts and require subcontractors, teammates, and independent contractors to include the clause in all lower-tiered contracts.

(End of Clause )

PTO-06 Prohibition on Contractor Endorsements (Oct 2022)

(a) The Contractor shall not refer to this or any other contract between itself and the USPTO in advertisements, press releases, or other forms of endorsement in such a manner that states or implies the Federal Government sanctions, prefers, or considers the products and/or services provided by the Contractor superior to those of other vendors without the express written consent of the Contracting Officer and the USPTO Office of the Chief Communications Officer.

(b) Forms of endorsement containing such statements or implications shall be submitted to the Contracting

Officer for preliminary review prior to any publication in order to ensure compliance with this clause.

Upon receipt, the Contracting Officer will relay the request to the Office of the Chief Communications Officer for final USPTO approval.

(c) The Contractor must insert this clause in all subcontracts. Any subcontractors must flow this clause down to its subcontracts as well. Subcontractors shall submit their written request for the Contracting Officer’s permission through the prime contractor.

(End of Clause)

PTO-13 Security Processing Requirements—Low Risk Contracts

In accordance with CAR 1352.237-71, Security Processing Requirements—Low Risk Contracts (APR 2010)

(a) Investigative Requirements for Low Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a Low Risk contract shall undergo security processing by the Department's Office of Security before being eligible to work on the premises of any Department of Commerce or USPTO owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce or USPTO IT system. All Department of Commerce or USPTO security processing pertinent to this contract will be conducted at no cost to the contractor.

(b) Investigative requirements for Non-IT Service Contracts are:

(1) Contracts more than 180 days—National Agency Check and Inquiries (NACI).

(2) Contracts less than 180 days—National Agency Check (NAC).

(c) Investigative requirements for IT Service Contracts are:

(1) Contracts more than 180 days—National Agency Check and Inquiries (NACI).

(2) Contracts less than 180 days—National Agency Check (NAC).

(d) In addition to the investigations noted above, non-U.S. citizens must have a background check that includes an Immigration and Customs Enforcement agency check. To that end, contractors are required to use E-Verify (FAR 22.18) and shall provide proof of their enrollment in accordance with clause 52.222-54, Employment Eligibility Verification.

(e) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). Non-U.S. citizens (lawful permanent residents) to be employed under this contract within the United States must have:

(1) Official legal status in the United States; and

(2) Continuously resided in the United States for the last two years.

(f) USPTO follows DoC Security Processing Requirements for Low Risk Non-IT Service Contracts. Processing requirements for Low Risk non-IT Service Contracts are as follows:

(1) Processing of a NACI is required for all contract employees employed in Low Risk non-IT service contracts for more than 180 days. The Contracting Officer's Representative (COR) in coordination with the USPTO Office of Security and Safety will invite the prospective contractor into e-QIP to complete the SF-

85. The contract employee must also complete fingerprinting.

(2) Contract employees employed in Low Risk non-IT service contracts for less than 180 days require a National Agency Check (NAC) processed. The Sponsor shall coordinate with the USPTO Office of Security and Safety to have an OF306 completed and any other required forms.

(3) Any contract employee with a favorable NAC who remains on the contract over 180 days will be required to have a NACI conducted to continue working on the job site.

(4) For Low Risk non-IT service contracts, the scope of the NAC will include checks of the Security/Suitability Investigations Index (SII), other agency files (INVA), Defense Clearance Investigations Index (DCII), FBI Fingerprint (FBIF), and the FBI Information Management Division (FBIN).

(5) Copies of the appropriate forms can be obtained from the Sponsor or the USPTO Office of Security and Safety. Upon receipt of the required forms, the Sponsor will forward the forms to the servicing Security Officer. The Security Officer will process the forms and advise the Sponsor and the Contracting Officer whether the contract employee can commence work prior to completion of the suitability determination based on the type of work and risk to the facility (i.e., adequate controls and restrictions are in place). The Sponsor will notify the contractor of favorable or unfavorable findings of the suitability determinations. The Contracting Officer will notify the contractor of an approved contract start date.

(g) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the Sponsor and Contracting Officer will be notified. The Sponsor shall coordinate with the Contracting Officer for the immediate removal of the employee from duty requiring access to Departmental or USPTO facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following reasons:

(1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude.

(2) Falsification of information entered on security screening forms or of other documents submitted to the Department or USPTO.

(3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct was directly related to the contract.

(4) Any behavior judged to pose a potential threat to Departmental or USPTO information systems, personnel, property, or other assets

(h) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce or USPTO facilities or denial of access to IT systems.

(i) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information.

(j) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

PTO-16 Contractor Notification Requirement

The Contractor is required to notify the Contract Officer’s Representative (COR) within one business day upon temporary or permanent termination of a Contractor employee, when that Contractor employee has USPTO system access rights, and at any other time when a Contractor employee no longer requires USPTO IT system access permissions.

PTO-17 Contractor FOIA Requirements

Within fourteen (14) calendar days of receiving the contract award, the contractor shall, at no additional expense to the government, submit an electronic copy of the resultant contract with any proposed redactions deemed necessary by the contractor or required by law, along with the basis for such redactions, to be forward to the USPTO FOIA Officer within the Office of General Counsel.

PTO-30 Release of Residual Funds (<$100)

Upon completion of the contract period of performance and receipt and payment of the final invoice, it is understood and agreed that all outstanding obligations incurred on the above-referenced contract have been satisfied. If residual funds on the contract total $100 or less, the government will automatically deobligate the residual funds without further communication with the vendor. Therefore, it is further understood and agreed that the government shall not be liable for the payment of any future invoices that may be submitted under the above-referenced contract.

Nothing in this clause is intended to limit or restrict any claim or remedy otherwise available.

PTO-31 Release of Residual Funds (>$100)

If funds greater than $100 remain on this contract after completion of the contract period of performance and receipt and payment of the final invoice, the government will deobligate the remaining funds as follows:

For time and material (T&M) or labor hour (LH) awards, or awards containing T&M or LH CLINs:

It is understood and agreed that all outstanding obligations incurred on T&M or LH contract CLINs have been satisfied. Therefore, the government shall not be liable for the payment of any future invoices that may be submitted under the above referenced contract, and the government will automatically deobligate the residual funds without further communication with the vendor.

For firm-fixed price (FFP) awards, or awards containing FFP CLINs:

The government will issue a bilateral modification to authorize release of those funds. The Contractor’s signature on the modification will constitute understanding and agreement that all outstanding obligations incurred on this contract have been satisfied. The government shall not be held liable for the payment of any further invoices submitted under this contract. The Contractor will have up to 30 calendar days after issuance of the modification to sign the modification and return it. Further, failure to sign and return the modification within the stated time period shall be considered acceptance of the government’s intent to deobligate the residual funds, and releases the government from any future liability stemming from or related to this contract.

Nothing in this clause is intended to limit or restrict any claim or remedy otherwise available.

PTO-32 USPTO Green Supplies and Services Contracting

The USPTO is committed to procuring environmentally friendly and energy efficient products and services meeting requirement performance and quality standards and at a reasonable price, as set forth under FAR Part

23.7 and the Commerce Acquisition Manual (CAM) 1323.70. To the maximum extent practicable, or unless otherwise required by product or service specifications, the contractor shall adhere to the USPTO “Green Requirements” which includes but is not limited to the following:

a) Recycled Content and Hard-copies

(1) Maximize the delivery and/or use of non-paper office products and supplies when practicable

(2) General-purpose office paper or packaging products delivered under contract is made of post-consumer material

(3) General-purpose ink and/or toner cartridge products include environmentally sound take-back and recycling options

(4) When hard-copy paper deliverables are required, convey double-sided.

b) Green Meetings, Conferences and Events

(1) Teleconference or conduct virtual meetings whenever possible

(2) Maximize electronic distribution of meeting materials

(3) Maximize the use of recycled, disposable and biodegradable products.

c) Energy Consumables

(1) Information Technology (IT) products, electronic devices and other energy consumable office equipment delivered under the contract conforms to the energy efficiency standards of programs such as ENERGY STAR®, Federal Energy Management Program (FEMP) and Electronic Product Environmental Assessment Tool (EPEAT), or uses minimal standby power

(2) Use practical water conservation practices or techniques whenever water consumption is used to perform a service

d) Bio-based, Non-hazardous, Non-Toxic and Less Toxic Materials

(1) Consider the use of bio-based cleaning products in the performance of janitorial services, facilities/operations management or any other service performance where bio-based materials are appropriate

(2) Use non-hazardous or bio-based chemicals and processes in the performance of equipment maintenance

(3) Consider the use of non-toxic and less toxic alternatives under the performance of this contract

PTO-33 USPTO Personal Identity Verification Card Requirements for Contractors

The USPTO is committed to maintaining secure access to its information technology (IT) systems through the use of Personal Identity Verification (PIV) Cards as set forth in Homeland Security Presidential Directive 12 (HSPD-

12) and Department of Commerce Federal Information Processing Standards and Special Publications.

Contractors with an expected service period of 180 day or more, requiring access to PTONet, and who require access to PTO facilities or use PTO equipment, will be required to obtain PIV cards. Within three (3) business days of the beginning of the period of performance, Contractors requiring a PIV shall provide the following information to the Contracting Officer’s Representative (COR):

(1) Display Name [Last Name, First Name (Name of Employer)]

(2) First Name (Note*this must be spelled identically to how it was provided in their security information)

(3) Last Name (Note*this must be spelled identically to how it was provided in their security information)

(4) Suffix

(5) Date of Birth

(6) USPTO Email Address

(7) Employee Affiliation

(8) Log-On-ID

(9) Citizenship Code

(10) Employee ID

The Contractor shall provide any additional information, as requested by the COR, determined to be necessary for issuance of a PIV Card.

PTO-37 USPTO Invoices, Vendor Portal

INVOICING AND PAYMENT INSTRUCTIONS

a) The Contractor shall submit their invoice using the USPTO Vendor Portal. Valid invoices must contain all of the information required in paragraph (b) below. Vendor Portal access information and training materials can be found at the following link:

b) To constitute a proper invoice, the Contractor’s invoice shall include:

1) Name and address of the business concern

2) Contractor DUNS number (or DUNS+4) Unique Entity Identifier (UEI) (Note: After April 4, 2022, use of UEI is mandatory)

3) Invoice date and invoice number

4) Contract number [including order number and contract line item number (CLIN)]

5) Task Order (or Delivery Order) Number and Title (as applicable)

6) Taxpayer Identification Number (TIN) (if required)

7) Period covered by the invoice

8) Terms of any applicable discount(s)

9) Shipping number and date of shipment (if applicable)

10) Bill of lading number and weight of shipment (if applicable)

11) Name, title, address, and phone number of the official to whom payment is to be sent

12) Name, title, address, and phone number of person to notify in the event of a defective invoice

13) Description, quantity, unit of measure, unit price, and extended price of goods and services delivered or rendered, including:

a. Total Task Order Costs Invoiced Previously to Date: All labor categories if applicable

(individually listed), hours being billed, and hourly rates, should be listed and broken down separately for the total contract prior to the current invoice.

b. Total Current Period: All labor (individually listed) categories, hours being billed, and hourly rates, should be listed and broken down separately for the period covered by the invoice. These costs should also be broken down by site, if more than one site.

c. Total Contract Costs To-Date: All labor categories (individually listed), hours being billed, and hourly rates should be listed and broken down separately for the total contract through the current invoice.

14) Electronic Funds Transfer (EFT) banking information

a. The Contractor must include EFT banking information on the invoice only if not registered with the System for Award Management.

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 must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g. FAR 52.232-38 or FAR 52.232- 34), applicable contract clause (e.g. FAR 52.232-33) or applicable agency procedures.

c. EFT banking information is not required if the Government waived the requirement to pay by

EFT.

15) For OCIO contracts, identify all applicable Project/Program/Activity (PPA) codes

c) The Contractor shall clearly mark its final invoice for payment as “Final Invoice for Payment.” A final invoice represents the amount remaining to be paid by the USPTO to the Contractor for services rendered, which, once paid, will represent the final total cumulative value of the contract.

d) The Government may reject any invoice that contains billing errors, improperly billed costs, or otherwise fails to comply with any invoice or other contractual requirement. If deliverables or services are rejected for failure to conform to contract requirements, the provisions in the Prompt Payment clause (FAR 52.232-25) will apply to the acceptance of replacement deliverables or services.

e) Costs being billed for individual task orders, delivery orders, etc. shall be invoiced separately; billing for more than one task order, delivery order, etc. per invoice is not allowed.

INVOICING/PAYMENT FREQUENCY

The Contractor shall submit invoices on a monthly basis for services rendered and deliverables furnished during the previous month, or otherwise as agreed upon.