FA851710Q20930.pdf

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 4/2002)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 J

1. REQUISITION NUMBER

FD2060-10-Q-20930

5. SOLICITATION NUMBER

FA8517-10-Q-20930

6. SOLICITATION ISSUE DATE

08 FEB 2010

b. TELEPHONE NUMBER (No collect calls) (478 ) 222 -3766 ext.

2. CONTRACT NO.

7. FOR SOLICITATION

INFORMATION CALL

3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

a. NAME Maurice D. Randolph

8. OFFER DUE DATE/LOCAL

18 FEB 2010 by 3 pm est

12. DISCOUNT TERMS11. DELIVERY FOR FOB DEST.

UNLESS BLOCK IS MARKED

SEE SCHEDULE

10. THIS ACQUISITION IS

UNRESTRICTED

SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL BUS

Oth Than Full & Open

NAICS CODE: 334515

SIZE STD: 500

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

DO: A7 52.211-14, 52.211-15

14. METHOD OF SOLICITATION

RFQ IFB RFP

9. ISSUED BY CODE

448 SCMG PKHB, ATSG & SEVSG

460 RICHARD RAY BLVD SUITE 200

CML PHN 478 222 3749

ROBINF AFB GA 31098-1813

BUYER: Maurice D. Randolph/PKHEC Maurice.Randolph@robins.af.mil Phone: (478) 222- 3766 Fax: (478) 222-6950 No Collect Calls

15. DELIVER TO CODE

SEE LINE ITEM SCHEDULE

16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR FACILITY

CODE CODE

18a. PAYMENT WILL BE MADE BY CODE

(SEE ESP CLAUSE 252.232-7003.)

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED. SEE ELECTRONIC SUBMISSION OF PAYMENT REQUESTS, CLAUSE 252.232-7003.

FA8517

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

ROUTINE

Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 120 days.

SEE LINE ITEM SCHEDULE

(Attach Additional Sheets as Necessary)

26. AWARD AMOUNT (For Gov’t use only)

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO ISSUING

OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. OFFER DATED - - . YOUR OFFER ON

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

X

X

X

X X

X

25. ACCOUNTING AND APPROPRIATION DATA SEE FUNDS SCHEDULE

X

SCD:B

EFT:T

Total

STANDARD FORM 1449 (REV. 4/2002) BACK

COMPUTER GENERATED 1/22/2010, 3:15 PM

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOV’T REPRESENTATIVE

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

32c. DATE

41c. DATE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER36. PAYMENT

COMPLETE PARTIAL FINAL

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE LINE ITEM SCHEDULE

(Attach Additional Sheets as Necessary)

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

Request for Quotation FA8517-10-Q-20930

SUPPLIES OR SERVICES AND PRICES/COSTS

Option I may be exercised at any time, from time-to-time, within 365 days after effective date of purchase order. The total quantity ordered under this option shall not exceed the maximum quantity of 4 each. Multiple option periods may be exercised simultaneously. An option is determined to have been exercised when transmitted electronically by fax or email.

Option II may be exercised at any time, from time-to-time, within 730 days after effective date of purchase order. The total quantity ordered under this option shall not exceed the maximum quantity of 4 each. Multiple option periods may be exercised simultaneously. An option is determined to have been exercised when transmitted electronically by fax or email.

Option III may be exercised at any time, from time-to-time, within 1095 days after effective date of purchase order. The total quantity ordered under this option shall not exceed the maximum quantity of 4 each. Multiple option periods may be exercised simultaneously. An option is determined to have been exercised when transmitted electronically by fax or email.

Option IV may be exercised at any time, from time-to-time, within 1460 days after effective date of purchase order. The total quantity ordered under this option shall not exceed the maximum quantity of 4 each. Multiple option periods may be exercised simultaneously. An option is determined to have been exercised when transmitted electronically by fax or email.

A. Warranty normally offered/given to Contractor's commercial customers is required.

B. Contractor is authorized early delivery.

C. Following receipt of a delivery order and reparable asset, the contractor shall be required to induct, repair and deliver that component within 30 calendar days of its induction.

MICAPs/SURGEs shall be delivered within 15 calendar days following receipt of a delivery order and reparable asset.

REPAIR ELECTRICAL PLUG-IN UNIT

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

8 EA

CLIN ACRN ACRN Total

0001 AA

NSN: 6625-01-515-8200 KV

REPAIR ELECTRICAL PLUG-IN UNIT

PLUG-IN UNIT, ELECTRICAL

Manufacturer Part Number

21793 SR114

Purchase Request(s) PR Line Item(s)

FD20601020930 0001

Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection Stock List Price: $5,144.81

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3119 ORIGIN

Type / Ship To PACRN Mark For

A SW3119 PAA "RIC-SDD, D4M-REPAIR"

Type / Ship To Quantity (U/I) *ARO Funded

Order or Reparable Assets, Whichever is Later

_ Req No / Pri

Required Delivery

A SW3119 8 EA *30 Calendar Days

Proposed Delivery

A SW3119 8 EA

DATA (INTRODUCTORY ONLY)

Item No.

DATA

Purchase Request(s) PR Line Item(s)

FA851710Q20930 0002

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Exhibit: A Quality Assurance:

Commercial Asset Visibility

Item No.

0002AA

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Commercial Asset Visibility AF(CAV AF)/GFM Data Item A001 DI-MGMT-81634B IAW DD Form 1423-1 Purchase Request(s) PR Line Item(s)

FD20601020930 0002

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Exhibit: A Quality Assurance:

Technical Report-Study/Services

Item No.

0002AB

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Technical Report-Study/Services Data Item A002 DI-MISC-80508B IAW DD Form 1423-1 Purchase Request(s) PR Line Item(s)

FD20601020930 0002

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Exhibit: A Quality Assurance:

REPAIR ELECTRICAL PLUG-IN UNIT (Option Year One)

Item No.

Firm Fixed Price From Quantity

U/I To Quantity U/IUnit Price

1 EA 4 EA

CLIN ACRN ACRN Total

1001 TD

NSN: 6625-01-515-8200 KV

PLUG-IN UNIT, ELECTRICAL

Manufacturer Part Number

21793 SR114

Purchase Request(s) PR Line Item(s)

FD20601020930 0001

REPAIR ELECTRICAL PLUG-IN UNIT (Option Year One)

Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection Stock List Price: $5,144.81

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3119 ORIGIN

Type / Ship To PACRN Mark For

A SW3119 PAA "RIC-SDD, D4M-REPAIR"

Type / Ship To Quantity (U/I) *ARO Funded

Order or Reparable Assets, Whichever is Later

_ Req No / Pri

Required Delivery

A SW3119 1 EA

*30 Calendar Days

Proposed Delivery

A SW3119 1 EA

DATA (Introductory Only Option Year One)

Item No.

DATA

Purchase Request(s) PR Line Item(s)

FA851710Q20930 0002

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Exhibit: A Quality Assurance:

Commercial Asset Visibility (Option Year One)

Item No.

1002AA

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Commercial Asset Visibility (Option Year One)

Commercial Asset Visibility AF(CAV AF)/GFM Data Item A001 DI-MGMT-81634B IAW DD Form 1423-1 Purchase Request(s) PR Line Item(s)

FD20601020930 0002

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Exhibit: A Quality Assurance:

Technical Report-Study/Services (Option Year One)

Item No.

1002AB

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Technical Report-Study/Services Data Item A002 DI-MISC-80508B IAW DD Form 1423-1 Purchase Request(s) PR Line Item(s)

FD20601020930 0002

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Exhibit: A Quality Assurance:

REPAIR ELECTRICAL PLUG-IN UNIT (Option Year Two)

Item No.

Firm Fixed Price From Quantity

U/I To Quantity U/IUnit Price

1 EA 4 EA

CLIN ACRN ACRN Total

2001 TD

NSN: 6625-01-515-8200 KV

PLUG-IN UNIT, ELECTRICAL

Manufacturer Part Number

21793 SR114

Purchase Request(s) PR Line Item(s)

FD20601020930 0001

Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

REPAIR ELECTRICAL PLUG-IN UNIT (Option Year Two)

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection Stock List Price: $5,144.81

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3119 ORIGIN

Type / Ship To PACRN Mark For

A SW3119 PAA "RIC-SDD, D4M-REPAIR"

Type / Ship To Quantity (U/I) *ARO Funded

Order or Reparable Assets, Whichever is Later

_ Req No / Pri

Required Delivery

A SW3119 1 EA

*30 Calendar Days

Proposed Delivery

A SW3119 1 EA

DATA (Introductory Only Option Year Two)

Item No.

DATA

Purchase Request(s) PR Line Item(s)

FA851710Q20930 0002

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Exhibit: A Quality Assurance:

Commercial Asset Visibility (Option Year Two)

Item No.

2002AA

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Commercial Asset Visibility AF(CAV AF)/GFM Data Item A001 DI-MGMT-81634B IAW DD Form 1423-1 Purchase Request(s) PR Line Item(s)

Commercial Asset Visibility (Option Year Two)

FD20601020930 0002

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Exhibit: A Quality Assurance:

Technical Report-Study/Services (Option Year Two)

Item No.

2002AB

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Technical Report-Study/Services Data Item A002 DI-MISC-80508B IAW DD Form 1423-1 Purchase Request(s) PR Line Item(s)

FD20601020930 0002

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Exhibit: A Quality Assurance:

REPAIR ELECTRICAL PLUG-IN UNIT (Option Year Three)

Item No.

Firm Fixed Price From Quantity

U/I To Quantity U/IUnit Price

1 EA 4 EA

CLIN ACRN ACRN Total

3001 TD

NSN: 6625-01-515-8200 KV

PLUG-IN UNIT, ELECTRICAL

Manufacturer Part Number

21793 SR114

Purchase Request(s) PR Line Item(s)

FD20601020930 0001

Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection Stock List Price: $5,144.81

REPAIR ELECTRICAL PLUG-IN UNIT (Option Year Three)

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3119 ORIGIN

Type / Ship To PACRN Mark For

A SW3119 PAA "RIC-SDD, D4M-REPAIR"

Type / Ship To Quantity (U/I) *ARO Funded

Order or Reparable Assets, Whichever is Later

_ Req No / Pri

Required Delivery

A SW3119 1 EA

*30 Calendar Days

Proposed Delivery

A SW3119 1 EA

DATA (Introductory Only Option Year Three)

Item No.

DATA

Purchase Request(s) PR Line Item(s)

FA851710Q20930 0002

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Exhibit: A Quality Assurance:

Commercial Asset Visibility (Option Year Three)

Item No.

3002AA

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Commercial Asset Visibility AF(CAV AF)/GFM Data Item A001 DI-MGMT-81634B IAW DD Form 1423-1 Purchase Request(s) PR Line Item(s)

FD20601020930 0002

Commercial Asset Visibility (Option Year Three)

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Exhibit: A Quality Assurance:

Technical Report-Study/Services (Option Year Three)

Item No.

3002AB

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Technical Report-Study/Services Data Item A002 DI-MISC-80508B IAW DD Form 1423-1 Purchase Request(s) PR Line Item(s)

FD20601020930 0002

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Exhibit: A Quality Assurance:

REPAIR ELECTRICAL PLUG-IN UNIT (Option Year Four)

Item No.

Firm Fixed Price From Quantity

U/I To Quantity U/IUnit Price

1 EA 4 EA

CLIN ACRN ACRN Total

4001 TD

NSN: 6625-01-515-8200 KV

PLUG-IN UNIT, ELECTRICAL

Manufacturer Part Number

21793 SR114

Purchase Request(s) PR Line Item(s)

FD20601020930 0001

Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection Stock List Price: $5,144.81

REPAIR ELECTRICAL PLUG-IN UNIT (Option Year Four)

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3119 ORIGIN

Type / Ship To PACRN Mark For

A SW3119 PAA "RIC-SDD, D4M-REPAIR"

Type / Ship To Quantity (U/I) *ARO Funded

Order or Reparable Assets, Whichever is Later

_ Req No / Pri

Required Delivery

A SW3119 1 EA

*30 Calendar Days

Proposed Delivery

A SW3119 1 EA

DATA (Introductory Only Option Year Four)

Item No.

DATA

Purchase Request(s) PR Line Item(s)

FA851710Q20930 0002

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Exhibit: A Quality Assurance:

Commercial Asset Visibility (Option Year Four)

Item No.

4002AA

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Commercial Asset Visibility AF(CAV AF)/GFM Data Item A001 DI-MGMT-81634B IAW DD Form 1423-1 Purchase Request(s) PR Line Item(s)

FD20601020930 0002

Commercial Asset Visibility (Option Year Four)

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Exhibit: A Quality Assurance:

Technical Report-Study/Services (Option Year Four)

Item No.

4002AB

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Technical Report-Study/Services Data Item A002 DI-MISC-80508B IAW DD Form 1423-1 Purchase Request(s) PR Line Item(s)

FD20601020930 0002

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Exhibit: A Quality Assurance:

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: A SW3119

DEF DIST DEPOT WARNER ROBINS

455 BYRON STREET BLDG 376

ROBINS AFB GA 31098-1887

MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)

AWARD NUMBER:

CONTRACT CLAUSES

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS--COMMERCIAL ITEMS (SEP 2009)

(IAW FAR 12.301(b)(4))

(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.] __ __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 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 (Dec 2008) (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 (Mar 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_______ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-15).

__ __ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

__ __ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

(7) [Reserved] __ __ (8) (i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003)(15 U.S.C.

644).

__ __ (8) (ii) Alternate I (Oct 1995) of 52.219-6.

__ __ (8) (iii) Alternate II (Mar 2004) of 52.219-6.

__ __ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C.

644).

__ __ (9) (ii) Alternate I (Oct 1995) of 52.219-7 __ __ (9) (iii) Alternate II (Mar 2004) of 52.219-7 __ __ (10) 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C.

637(d)(2) and (3)). (In accordance with DDP Memo dated 19 Nov 2009, DARS Tracking Number 2009-O0009, Class Deviation to the FAR—Small Disadvantaged Business Certification for Subcontractors.)

__ __ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C.

637(d)(4)). (In accordance with DDP Memo dated 12 Feb 2009, DAR Tracking Number 2008-O0008, Class Deviation – Electronic Subcontracting Reporting System, 52.219-9 (DEVIATION) applies when subcontracts are not required to be reported in FPDS, orders against BOAs and BPAs, and purchase orders issued under the Test Program for Certain Commercial Items at FAR 13.5.)

__ __ (11) (ii) Alternate I (Oct 2001) of 52.219-9.

__ __ (11) (iii) Alternate II (Oct 2001) of 52.219-9.

__ __ (12) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

__ __ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ __ (14) (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). (In accordance with DDP Memo dated 11 Feb 2009, DAR Tracking Number 2009-O0003, Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 13 March 2009 to 12

March 2010.)

__ __ (14) (ii) Alternate I (June 2003) of 52.219-23. (In accordance with DDP Memo dated

11 Feb 2009, DAR Tracking Number 2009-O0003, Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 13 March 2009 to 12 March 2010.)

__ __ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). (In accordance with DDP Memo dated 19 Nov 2009, DARS Tracking Number 2009-O0009, Class Deviation to the FAR—Small Disadvantaged Business Certification for Subcontractors.)

__ __ (16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ __ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)(15 U.S.C. 657 f).

__X __ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__X __ (19) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

__ __ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug

2009)(E.O. 13126).

__X __ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__X __ (22) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

__ __ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

__X __ (24) 52.222-36, Affirmative Action For Workers with Disabilities (Jun 1998)(29 U.S.C.

793).

__ __ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

__ __ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

__ __ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) (Not applicable until 8 Sep 2009 per FAC 2005-29, Amendment 4, published 5 Jun 2009.)

__ __ (28) (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.)

__ __ (28) (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.)

(29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42.U.S.C. 8259b).

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

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

__ __ (31) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).

__ __ (32) (i) 52.225-3, Buy American Act--Free Trade Agreement--Israeli Trade Act (Jun

2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

3805 note, Pub. L. 108-77, 108-78, 108-286, 1108-302, 109-53, 109-169, 109-283, and 110-138).

__ __ (32) (ii) Alternate I (Jan 2004) of 52.225-3.

__ __ (32) (iii) Alternate II (Jan 2004) of 52.225-3.

__ __ (33) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

___X __ (34) 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008)(E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury).

__ __ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C.

5150).

__ __ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).

__ __ (37) 52.232-29, Terms for financing of Purchases of Commercial Items (Feb 2002)(41

U.S.C. 522(f), 10 U.S.C. 2307(f)).

__ __ (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

__X __ (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor

Registration (Oct 2003)(31.U.S.C. 3332).

__ __ (40) 52.232-34, Payment by Electronic Funds Transfer—Other than Central

Contractor Registration (May 1999)(31.U.S.C. 3332).

__ __ (41) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

__ __ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

__ __ (43) (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).

__ _ (43) (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __X __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__X __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29

U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ __ (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 U.S.C. 351 et seq.).

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

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

__ __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (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 paragraphs (e)(1) of this paragraph 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 (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007),(41 U.S.C. 351, et seq.).

(ix) 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)).

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

351, et seq.).

(xi) 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.).

(xii) 52.222-54, Employment eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L.

110-247). Flow down required in accordance with paragraphs (e) of FAR clause 52.226-6.

(xiv) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL

ITEMS (NOV 2009)

(IAW DFARS 212.301(f)(iii))

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement provision of law applicable to acquisitions of commercial items or components.

__ __ 52.203-3 Gratuities (APR 1984) (10 U.S.C. 2207)

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

__X __ (1) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181).

__ __ (2) 252.205-7000 Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416).

__ __ (3) 252.219-7003 Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C.

637). (DAR Tracking # 2008-O0008 specifies use of class deviation 252.219-7003 dated Feb 2009)

__ __ (4) 252.219-7004 Small Business Subcontracting Plan (Test Program) (AUG 2008) (15 U.S.C.

637 note). (DAR Tracking # 2008-O0008 specifies use of class deviation 252.219-7004 dated Feb 2009)

__ __ (5) 252.225-7001 Buy American Act and Balance of Payment Program (JAN 2009) (41 U.S.C.

10a-10d, E.O. 10582). (DAR Tracking # 2009-O0007 specifies use of class deviation 252.225-7001 dated Jul 2009)

__ __ (6) 252.225-7008 Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C.2533b).

__ __ (7) 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUL

2009) (10 U.S.C. 2533b).

__ __ (8) 252.225-7012 Preference for Certain Domestic Commodities (DEC 2008) (10 U.S.C. 2533a).

__ __ (9) 252.225-7015 Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C.

2533a).

__ __ (10) 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings (JUN 2006) (Section

8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).

__ __ (11) 252.225-7021 Trade Agreements (NOV 2009) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note). (DAR Tracking # 2009-O0007 specifies use of class deviation 252.225-7021 dated Jul 2009)

__ __ (12) 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779).

__ __ (13) 252.225-7028 Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755).

__ _ (14)(i) 252.225-7036 Buy American Act--Free Trade Agreements--Balance of Payments Program (JUL 2009) (41 U.S.C. 10a – 10d and 19 U.S.C. 3301 note).( DAR Tracking # 2009-O0007 specifies use of class deviation 252.225-7036 dated Jul 2009)

__ __ (14)(ii) 252.225-7036 Alternate I (JUL 2009) of 252.225-7036. (DAR Tracking # 2009-O0007 specifies use of class deviation 252.225-7036 ALT I dated Jul 2009)

__ _ (15) 252.225-7038 Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.

2534(a)(3)).

__ __ (16) 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts).

__ __ (17) 252.227-7015 Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).

__ __ (18) 252.227-7037 Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C.

2321).

_ X __ (19) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (MAR

2008) (10 U.S.C. 2227).

_ __ (20) 252.237-7019 Training for Contractor Personnel Interacting With Detainees (SEP 2006)

(Section 1092 of Pub. L. 108-375) __ __ (21) 252.243-7002 Requests For Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).

________ (22) 252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (Section 884 of Public Law 110-417).

__ __ (23)(i) 252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

__ __ (23)(ii) 252.247-7023 Alternate I (MAR 2000) of 252.247-7023.

__ __ (23)(iii) 252.247-7023 Alternate II (MAR 2000) of 252.247-7023.

__ __ (23)(iv) 252.247-7023 Alternate III (MAY 2002) of 252.247-7023.

__ __ (24) 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C.

2631).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.237-7019 Training for Contractor Personnel Interacting With Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375)

(2) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the cost Bearer (JUL 2009) (Section 884 of Public Law 110-417).

(3) 252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(4) 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

ADDENDUM TO CLAUSE 52.212-4

5352.201-9101 OMBUDSMAN (AUG 2005)

(IAW AFFARS 5301.9103)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen, Crystal B. Hollifield at 478 222 -1088 , FAX 478 222 -1855 , email Crystal.Hollifield@robins.af.mil . Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(JAN 2009)

(IAW DFARS 203.970)

52.211-8 TIME OF DELIVERY (JUN 1997)

(IAW FAR 11.404(a)(2))

(a) The Government requires delivery to be made according to the following schedule:

DELIVERY FOR EACH ITEM IS ANNOTATED IN THE SCHEDULE (PART I SECTION B) UNDER EACH LINE

ITEM.

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

ANNOTATE YOUR PROPOSED DELIVERY, IF ANY, UNDER THE GOVERNMENT’S DELIVERY SET FORTH

UNDER EACH ITEM IN THE SCHEDULE.

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAR 2009)

(IAW FAR 12.301(b)(3))

(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 postacceptance 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 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 prompt for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provide 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…