S01_Addendum_-_EXIM17Q0075_-_Terms_and_Conditions.docx

ADDENDUM – EXIM17Q0075 – TERMS AND CONDITIONS

CONTRACT ADMINISTRATION

Contract Administration:

(e) Contracting Officer (CO):

(f) Contracting Officer’s Representative (COR):

TBD at time of award Export-Import Bank of the US

Contracting Officer’s Representative (COR):

Definitions:

“Contracting Officer’s Representative” – The Contracting Officer’s Representative (COR) is designated by the Contracting Officer, in writing, and is contract order specific. The COR is the technical representative for all technical requirements of the specific contract.

“Contracting Officer” – The Contracting Officer (CO) is the exclusive agent of the Government with the authority to enter into, and administer contracts. Thus, the CO has the responsibility to see that all requirements of the law and regulation are followed. However, as the CO’s representative, the COR is delegated the authority to monitor the technical effort being performed under the contract. The CO is the only individual with authority to enter into, administer, or terminate contracts. The CO ensures performance of all necessary actions for effecting contracting, ensuring compliance with the terms of the contract and safeguarding the interests of the United States in its contractual relationships.

The COR is not authorized nor has authority to:

1. Award, agree to, or sign any contract, delivery order or task order. All contractual agreements, commitments, or modifications shall be made only by the CO.

1. Make any commitments or otherwise obligate the Government, or to make any changes to the contract.

1. Grant deviations from or waive any of the terms and conditions of the contract.

1. Impose or place a demand upon the contractor to perform any task or permit any substitution not specifically provided for in the contract.

1. Increase the dollar limit of the contract, or authorize work beyond the dollar limit of the contract, or authorize the expenditure of funds.

1. Give direction to the contractor or to the employees of the contractor except as provided for in the contract.

1. Change the period of performance.

1. Authorize the purchase of equipment, except as required under the contract.

1. Authorize the furnishing of Government property, except as required under the contract.

1. Authorize subcontracting or the use of consultants.

1. Approve shifts of funding between line items of the budget.

1. Approve travel and relocation expense over and above that provided for in the contract.

1. Authorize the use of overtime.

When, in the opinion of the contractor, the COR requests effort outside the existing scope of work (or task order), the contractor shall promptly notify the contracting officer in writing. No action shall be taken by the contractor under such direction until the contracting officer has issued a modification to the contract or to the task order; or until the issue has been otherwise resolved.

Payment Terms:

(a) Payment of invoices will be made based upon acceptance by the Government of the entire task or the tangible product deliverable(s) invoiced. Payments shall be based on the Government certifying that satisfactory services were provided, and the Contractor has certified that labor charges are accurate.

(b) If the services are rejected for failure to conform to the technical requirements of the task order, or any other contractually legitimate reason, the Contractor shall not be paid, or shall be paid an amount negotiated by the CO.

(c) Payment to the Contractor will not be made for temporary work stoppage due to circumstances beyond the control of Ex-Im Bank such as acts of God, inclement weather, power outages, and results thereof, or temporary closings of facilities at which Contractor personnel are performing. This may, however, be justification for excusable delays.

(d) The Contractor agrees that the submission of an invoice to the Government for payment is a certification that the services for which the Government is being billed, have been delivered in accordance with the hours shown on the invoices, and the services are of the quality required for timely and successful completion of the effort.

Submission of Invoices:

(a) Invoices shall be submitted to: http://www.ipp.gov/vendors/index.htm on a monthly basis. To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

1. Name and address of the business concern;

2. Invoice number and invoice date;

3. Contract number, Delivery Order number, Purchase Order number, Task Order number, or other authorization for delivery of property or services actually delivered or rendered;

4. Description, unit price, extended price, and quantity of property and services actually delivered or rendered with supporting documentation (i.e. travel receipts, etc.).

5. Shipping and payment terms;

6. Name, title, phone number, and complete mailing address of responsible official to whom payment is to be sent;

7. A certification statement saying that the funds have only been used for work for this contract;

8. Name, title, phone number, and mailing address of person to notify in the event of a defective invoice;

9. Taxpayer Identification Number (TIN) or DUNS+4; and

10. Contractors MUST note FINAL INVOICE on the final invoice when submitted upon final delivery of all supplies/equipment or completion of the contract. USDA and the Invoice Processing Platform (IPP) – http://www.ipp.gov/vendors/index.htm The IPP is a government-wide secure web-based payment information service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Financial Management Service (FMS).

One-time enrollment in IPP means that you will receive a series of e-mails from Treasury services. The first email will have the IPP Logon ID and link to the IPP application. A second e-mail, containing the password will be sent within 24 hours. Once you receive these emails, please login to the IPP application and complete the registration process.

Benefits of registering with IPP include the ability for your company to create invoices directly from a contract award and submit them electronically, as well as:

1. e-mail notification when invoice(s) are paid

1. online payment history

1. remittance download The e-mail notification of payment is sent when a payment is distributed to your bank account and will include all pertinent payment information. Attached is a list of contract awards that will be processed via IPP.

The IPP Customer Support Desk is available to assist users Monday through Friday (excluding bank holidays) from 8:00AM - 6:00PM ET, including answering any questions related to accessing IPP or completing the registration process. Their toll-free number is 866-973-3131 or they can be reached at: IPPCustomerSupport@fms.treas.gov.

INSPECTION AND ACCEPTANCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

The following contract clauses pertinent to this section are hereby incorporated by reference in accordance with the clauses at FAR “52.252-2 Clauses Incorporated by Reference” in Section I of this contract. This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at the following address:

http://farsite.hill.af.mil/

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-4 Inspection Of Services--Fixed Price AUG 1996

Inspection and Acceptance – Supplies

Inspection, acceptance, and rejection will be based upon compliance with the contract’s specifications. Payment will be made in accordance with FAR 52.232-25, Prompt Payment (OCT 2008). Inspection of supplies to be furnished hereunder shall be performed by the COR in accordance with FAR 52.246-2 above, and any other clauses specified in this contract. The Government reserves the right to conduct any inspection and tests it deems reasonably necessary to assure that the supplies provided conform to all aspects of the contract requirements.

Inspection and Acceptance - Services

Inspection, acceptance, and rejection will be based upon compliance with the contract’s Statement of Work(SOW) requirements. Payment will be made in accordance with FAR 52.232-25, Prompt Payment (OCT 2008).

Inspection of services to be furnished hereunder shall be performed by the COR in accordance with FAR 52.246-4 and 52.246-6 above, and any other clauses specified in the contract. The Government reserves the right to conduct any inspection and tests it deems reasonably necessary to assure that the services provided conform to all aspects of the SOW and the contract requirements.

Inspection and Acceptance Criteria

Final inspection and acceptance of all work performed, reports and other deliverables will be performed by the COR at the place of delivery. The basis for acceptance shall be compliance with the requirements and other terms and conditions of the contract. Deliverable items that are rejected shall be corrected in accordance with applicable clauses. General quality measures as set forth below will beapplied to each work product received from the contractor under the SOW.

Work products shall be clear and concise.

Work products shall be submitted on or before the due date specified in the SOW or submitted in accordance with a later scheduled date determined by the Government.

Performance shall be in accordance with the proposal and the SOW.