B08 - Solication.pdf

SEE ADDENDUM

(No Collect Calls)

W9098S20R0013 24-Jul-2020

b. TELEPHONE NUMBER

309-782-4114

8. OFFER DUE DATE/LOCAL TIME

05:00 PM 17 Aug 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9098S9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SHAVOKIE GIBSON

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ROCK ISLAND ARSENAL (ACC-RI)

3055 RODMAN AVENUE

ROCK ISLAND IL 61299-8000

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF14

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9098S20R0013

Section SF 30 - BLOCK 14 CONTINUATION PAGE

ADDITIONAL INSTRUCTION

1. Per allowance provided by FAR 12.203, this is a combined synopsis and solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This will be a Combination Contract for services.

a. This is a combined synopsis/solicitation for commercial service prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

b. Request for Proposal (RFP) is being issued by the Army Contracting Command -Rock Island (ACC- RI) for specified services listed in paragraph 1g.

c. This solicitation, and the provisions and clauses incorporated within, are in effect through the Federal Acquisition Circular 2005-97, effective 24 January 2018 and Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20171228, effective 28 December 2017 (Offeror Representations and Certifications—Commercial Item). The complete text of any of the provisions and clauses included in this solicitation may be accessed in full text at http://farsite/hill.af.mil

d. Type of Set-Aside:

i. Small Business

e. NAICS code:

i. 811310

f. Small Business Size Standard:

i. $8,000,000

g. Line Items being requested via this RFP:

i. CLIN 0001 – Transportation Cost

ii. CLIN 0002 – Service: Troubleshoot

iii. CLIN 0003 – Preventive Maintenance

iv. CLIN 0004 – Service: Calibration

2. The Period of Performance:

a. 30 August 2020 – 29 August 2021 Base

30 August 2021 – 29 August 2022 OY 1

30 August 2022 – 29 August 2023 OY 2

30 August 2023 – 29 August 2024 OY 3

30 August 2024 – 29 August 2025 OY 4

3. The work will be performed at the following location:

i. Rock Island Arsenal

4. The award resulting from this RFP shall comply with the clauses and provisions within this RFP. The contract will be awarded to the lowest price, technically acceptable proposal.

5. ADDITIONAL INFORMATION:

a. Offerors shall submit quotes by completing the Price Matrix spread sheet (Exhibit #002). Offerors shall utilize the attached Statement of Work (SOW), Exhibit #001).

b. In accordance with FAR 52.204-7 and 52.204-13, offerors must be registered in SAM prior to submitting an offer.

6. QUOTE SUBMISSION

a. The proposal shall consist of the following:

i. Completed Solicitation and Price Proposal: One electronic copy submitted in PDF format and one completely filled-out solicitation to include total evaluated prices entered on each Contract Line Item (CLIN). Price Proposals shall be submitted as a separate submission showing a price breakdown of each year of the contract.

ii. Potential vendors shall forward the complete proposal, including the executed RFP and all amendments to the following electronic mail (e-mail) address and the subject line SHALL state

JMTC WELDER & POWER SUPPLY LINE REPAIR SUBMISSION:

Contract Specialist: shavokie.m.gibson.civ@mail.mil

7. PROPOSAL FILES

Format – This RFP shall make use of electronic proposals submitted through e-mail only by the date and time specified. Please allow enough time for the entire proposal to go through any firewalls and reach the Government’s server. Hard copy proposals will not be accepted. Failure to submit all required information in the format directed shall lead to a determination that the proposal is non-compliant.

8. Potential contractors shall submit their quote NLT 1700hrs (5:00 PM) CENTRAL TIME, MONDAY, 17

AUGUST 2020.

9. If you have any questions or concerns, please contact the undersigned, Cathy Mendoza at 309-782-1258, email: cathy.k.mendoza.civ@mail.mil or Mr. Shavokie Gibson, 309-792-4114, email:

shavokie.m.gibson.civ@mail.mil.

10. EXHIBITS:

Exhibit #001 – SOW

SOW

1. GENERAL:

1.1. Purpose: The purpose of this Scope of Work (SOW) is to define services, materials and costs for repair, and calibration of both welders and welding guns used by the Army and located at Rock Island Arsenal Joint Manufacturing Technology Center (RIA-JMTC), Rock Island, IL 61299-6400.

1.2. Equipment: Services, materials, parts and costs required by this purchase description shall be applicable to various types and makes of welders, Miller, Lincoln and Daihem welders and power supplies, not limited to manufacturer, size, make or model, located throughout RIA-JMTC on various types of IPE.

1.3. Security: Rock Island Arsenal (RIA) is an Army installation subject to Department of Defense (DoD) safe guards, various precautions, and plant protection measures. At all times during the execution of the SOW, the contractor will maintain adequate plant protection devises to minimize espionage, sabotage, and other malicious destruction and damage. At least one week in advance of the scheduled performance period the contractor will register each contracted employee required to perform this SOW at Rock Island Arsenal with the Security Office. The contractor shall comply with all security requirements of the Rock Island Arsenal.

The contractor shall comply with the following:

____.1 AT Level I Training.

All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, or controlled access areas shall complete AT Level I awareness training. The COR will be provided a copy of the RIA-JMTC AT Level I awareness training and assuring the training is completed.

The contractor shall sign a Memorandum of Record for each contractor employee and subcontractor employee to the RIA-JMTC Operations Center prior to a RIA-JMTC electronic keys and access pass being issued.

_____.2 Access and General Protection/Security Policy and Procedures.

The contractor and all associated subcontractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Director of Emergency Services.

The contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DoD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the change clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

_____.3 For contractors that do not require CAC, but require access to a DoD facility or installation.

Contractor and all associated subcontractor employees shall comply with adjudication standards and procedures using the National Crime Information Center interstate identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility access and local security policies and procedures (provided by government representative). The COR will provide guidance to complete the Access Control Records Check request Form thru the RIA Directorate of Emergency Services.

_____.4 Access Badges and Electronic Keys.

Contractor will acquire and need to return all issued U.S. Government Common Access Cards, installation badges, and/or access passes. Use FAR 52.204-9 or PADDS Clause IF00015 IF00015 at the end of the contract or the last day of an individual contractor’s employment.

_____.4.1. RIA-JMTC electronic keys and access passes are accountable items and will be returned within 24 hours of no longer being needed. Items will returned to the COR or placed in a drop box at a RIA-JMTC access point.

_____4.2 Contractors who routinely fail to return these items will not be issued them in support of any future contract.

_____.5 IWATCH (See Something, Say Something) Training.

The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program.

The iWATCH training will be provided in the RIA-JMTC AT training.

_____.6 Impact on contractor performance during increased FPCON during periods of increased threat.

During FPCONs Charlie and Delta, services may be discontinued/postponed due to higher threat.

Services will resume when FPCON level is reduced to level Bravo or lower. The FPCON descriptions will be provided in the RIA-JMTC AT training.

The COR will keep the contractors informed on the current FPCON or any possible FPCON change.

_____.7 Random Antiterrorism Measures Program (RAMP) participation.

Contractor personnel working on Rock Island Arsenal are subject to participation in installation RAMP security program (e.g. vehicles searches, wearing of ID badges, etc.).

Contractors will comply with any instructions given by the Rock Island Arsenal Police Department.

Contractor will acquire and need to return all issued U.S. Government Common Access Cards, installation badges, and/or access passes. Use FAR 52.204-9 or PADDS Clause IF00015 IF00015 at the end of the contract or the last day of an individual contractor’s employment.

_____.4.1. RIA-JMTC electronic keys and access passes are accountable items and will be returned within 24 hours of no longer being needed. Items will returned to the COR or placed in a drop box at a RIA-JMTC access point.

_____4.2 Contractors who routinely fail to return these items will not be issued them in support of any future contract.

_____.5 IWATCH (See Something, Say Something) Training.

The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program.

The iWATCH training will be provided in the RIA-JMTC AT training.

_____.6 Impact on contractor performance during increased FPCON during periods of increased threat.

During FPCONs Charlie and Delta, services may be discontinued/postponed due to higher threat.

Services will resume when FPCON level is reduced to level Bravo or lower. The FPCON descriptions will be provided in the RIA-JMTC AT training.

The COR will keep the contractors informed on the current FPCON or any possible FPCON change.

_____.7 Random Antiterrorism Measures Program (RAMP) participation.

Contractor personnel working on Rock Island Arsenal are subject to participation in installation RAMP security program (e.g. vehicles searches, wearing of ID badges, etc.).

Contractors will comply with any instructions given by the Rock Island Arsenal Police Department.

The RAMP program is discussed in the RIA-JMTC AT training.

1.4. Ozone Depleting Chemicals (ODCs): When repairs are performed onsite the contractor shall assure during execution of the tasks outlined in this SOW that none of the materials used contain Class I ODCs as defined by Public Law 102-484, Section 326.

2. PERFORMANCE PERIOD: The performance period will be for one (1) year and 4 option years from the date of contract award.

3. SAFETY AND ENVIRONMENTAL:

3.1. SAFETY: When repairs are performed onsite the contractor is responsible for complying with all federal, state, and local safety and environmental regulations, including, but not limited to Rock Island Arsenal, Department of the Army (DA), Occupational Safety and Health Act, Environmental Protection Agency (EPA), Illinois Environmental Protection Agency (IEPA). Contractor must adhere to all Rock Island Arsenal Safety requirements, policies and statutes. The contractor shall be responsible for obtaining any hot work/open flame permits required, and coordinating with the Rock Island Arsenal Fire Department. The contractor shall also have and observe an approved electrical lock-out tag-out procedure. As required by the COR, the contractor may be required to submit a Safety Site Plan in limited and justified circumstances).

3.2. Environmental: When repairs are performed onsite all hazardous wastes, acid, and contaminated material generated by the execution of this project will be disposed of IAW all applicable federal, state, and local laws and regulations. All transport and decontamination will be performed IAW all applicable interstate, federal, state, and local laws and regulations. Any materials and/or wastes generated from this effort shall be labeled with appropriate transportation/disposal documentation for off-site disposal to include but not limited to Hazardous waste manifests and associated Land Disposal Restriction. Prior to discussing any environmental issues with the environmental agency of primacy, the contractor shall contact the Contracting Officer (CO) or Contracting Officer Representative (COR) for direction.

4. Detailed Specifications: The objective of this service is to provide services, materials, parts and costs required to perform welder repair and a quote for possible replacement. Below are detailed specifications pertaining to the work included in this service agreement.

4.1. General: The contractor shall be responsible to provide services to pick-up welders within 24 business hours of being contacted by phone or email. The contractor’s repair facility will be located within a 250 mile radius of Rock Island Arsenal, Rock Island, IL 612996400. The contractor will evaluate the motor and provide a repair quote along with pricing and availability for a new replacement via email within 96 business hours. The contractor will supply materials (mechanical and/or electrical) and labor. The contractor is responsible for the disposal of obsolete or damaged materials removed during the period of this contract.

4.2. Points of Contact and Notification: Prior to contract award, the contractor shall identify a Point of Contact (POC) for the purpose of notification of completion of repairs. The Rock Island Arsenal COR shall coordinate pickup and the return shipping with the contractor’s POC and Rock Island Arsenal activities. The contractor shall be required to begin services immediately upon contract award. If the contractor is unable to meet this time frame, the contractor must immediately notify the COR to make other arrangements.

4.3. Repair Initiation and Warranty: Materials shall carry the manufacturers’ standard commercial 12 month warranty. The Contractor shall warrant that services performed and/or parts utilized meet or exceed original OEM specifications for which ever model of welder or power supply needing repair.

4.4. Qualifications: All work performed under this contract shall be accomplished by a qualified technician, repairman. The contractor’s personnel performing the work shall have been trained to safely perform welder, power supply repairs and certified calibrations on Miller, Lincoln, and Daihem manufacturers.

4.5. Additional Repair: The Contracting Office and the COR shall be notified immediately of any service requirements, which are identified as extraordinary that would not typically be encountered in this type of service. This would include all parts and services not considered covered in this purchase order.

The Contractor shall provide a service report at the completion of this service. Said report shall contain detailed itemization of all materials and labor. Report shall be legible and have the servicing technicians name printed and signed. Service Reports and shall be sent to the COR.

4.6. Service Report: The contractor shall provide a report detailing the extent of services for each service request. After each service request is completed the welder will then be tested and certified as meeting or exceeding the manufacturer's specification. Final Army acceptance of the repair/service shall be performed upon signature by the COR on the Service Report. The report shall be emailed, faxed or may be hand delivered prior to invoicing. The Service report shall be legible, have the contractor’s servicing technician’s name printed and signed. The COR signature on the Service Report shall be justification for submission of contract invoice.

5. INSPECTION/FINAL ACCEPTANCE:

5.1. The COR will monitor contractor performance on this Purchase Order.

5.2. Notification of Inspections and Tests: Each welder will be inspected/tested for proper performance. A copy of any inspection, test or service reports will be provided with the monitor. The contractor will notify the COR of the shipping date and tracking information.

5.3. Upon successful completion of repairs and installation into the machine tool, the COR will inspect the work and if acceptable sign the Service Report (as detailed in paragraph 4.7). Contractor invoicing shall take place after Service report is received by the COR.

CLAUSES INCORPORATED BY REFERENCE

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.232-7010 Levies on Contract Payments DEC 2006 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-2 Evaluation - Commercial Items OCT 2014 52.212-3 Offeror Representations and Certifications--Commercial

Items

JUN 2020

252.201-7000 Contracting Officer's Representative DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

52.204-7 System for Award Management OCT 2018

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', 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 or 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, 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 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 41 U.S.C.

7109, 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. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 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. chapter 21 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; and (9) the specification.

(t) Reserved.

(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.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

Section SF 1449 - CONTINUATION SHEET

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE