MAS - Vsgi Solutionz, LLC - GS35F0601T

Created on January 23, Contract Clause Document for Solicitation Number :

47QSMD20R0001

Refresh Number :

Contract Number :

GS-35F-

0601T

TABLE OF

CONTENTS

Contract Clauses

52.203-3 - GRATUITIES (APR

1984)

52.222-1 - NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB

1997)

52.222-3 - CONVICT LABOR (JUN

2003)

52.224-1 - PRIVACY ACT NOTIFICATION (APR

1984)

52.224-2 - PRIVACY ACT (APR

1984)

52.228-5 - INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN

1997)

52.229-1 - STATE AND LOCAL TAXES (APR

1984)

52.232-37 - MULTIPLE PAYMENT ARRANGEMENTS (MAY

1999)

52.233-3 - PROTEST AFTER AWARD (AUG

1996)

52.233-4 - APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT

2004)

52.237-2 - PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION

(APR

1984)

52.237-3 - CONTINUITY OF SERVICES (JAN

1991)

52.239-1 - PRIVACY OR SECURITY SAFEGUARDS (AUG

1996)

52.242-13 - BANKRUPTCY (JUL

1995)

52.242-15 - STOP-WORK ORDER (AUG

1989)

52.247-32 - F.O.B. ORIGIN, FREIGHT PREPAID (FEB

2006)

52.247-34 - F.O.B. DESTINATION (NOV

1991)

52.247-38 - F.O.B. INLAND CARRIER, POINT OF EXPORTATION (FEB

2006)

52.247-39 - F.O.B. INLAND POINT, COUNTRY OF IMPORTATION (APR

1984)

52.247-65 - F.O.B. ORIGIN, PREPAID FREIGHT - SMALL PACKAGE SHIPMENTS (JAN

1991)

52.247-68 - REPORT OF SHIPMENT (REPSHIP) (FEB

2006)

552.203-71 - RESTRICTION ON ADVERTISING (SEP

1999)

552.211-73 - MARKING (FEB

1996)

552.211-75 - PRESERVATION, PACKAGING, AND PACKING (FEB 1996) (ALTERNATE I -

MAY

2003)

552.211-77 - PACKING LIST (FEB 1996) (ALTERNATE I - MAY

2003)

552.215-72 - PRICE ADJUSTMENT - FAILURE TO PROVIDE ACCURATE INFORMATION

(AUG

1997)

552.223-70 - HAZARDOUS SUBSTANCES (MAY

1989)

552.223-71 - NONCONFORMING HAZARDOUS MATERIALS (SEP

1999)

552.229-70 - FEDERAL, STATE, AND LOCAL TAXES (APR

1984)

552.229-71 - FEDERAL EXCISE TAX - C GOVERNMENT (SEP

1999)

552.232-23 - ASSIGNMENT OF CLAIMS (SEP

1999)

52.223-7 - NOTICE OF RADIOACTIVE MATERIALS (JAN

1997)

52.252-2 - CLAUSES INCORPORATED BY REFERENCE (FEB

1998)

52.217-8 - OPTION TO EXTEND SERVICES (NOV

1999) 52.247-38 - F.O.B. INLAND CARRIER, POINT OF EXPORTATION (FEB 2006) (DEVIATION I -

FEB

2007)

52.246-4 - INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996) (DEVIATION I - MAY

2003)

552.216-70 - ECONOMIC PRICE ADJUSTMENT - FSS MULTIPLE AWARD SCHEDULE

CONTRACTS (SEP 1999) (ALTERNATE I - SEP

1999)

552.246-78 - INSPECTION AT DESTINATION (JUL

2009)

52.217-9 - OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000) 52.222-40

NOTIFICATION

OF

EMPLOYEE

RIGHTS

UNDER

THE

NATIONAL

LABOR

RELATIONS

ACT (DEC

2010)

52.204-9 - PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN

2011) 52.204-4

PRINTED

OR

COPIED

DOUBLE-SIDED

ON

POSTCONSUMER

FIBER

CONTENT

PAPER

(MAY

2011)

52.223-5 - POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY

2011)

52.223-10 - WASTE REDUCTION PROGRAM (MAY

2011)

52.223-19 - COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS (MAY

2011)

52.223-18 - ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG

2011)

52.251-1 - GOVERNMENT SUPPLY SOURCES (APR

2012)

52.245-9 - USE AND CHARGES (APR

2012)

52.223-2 - AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP

2013)

52.216-19 - ORDER LIMITATIONS (OCT

1995)

52.208-9 - CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR SERVICES

(MAY

2014)

52.222-42 - STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY

2014)

52.222-49 - SERVICE CONTRACT LABOR STANDARDS - PLACE OF PERFORMANCE UNKNOWN

(MAY

2014)

52.222-51 - EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR

STANDARDS TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN

EQUIPMENT - REQUIREMENTS (MAY 2014)

52.222-53 - EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR

STANDARDS TO CONTRACTS FOR CERTAIN SERVICES - REQUIREMENTS (MAY

2014)

52.227-14 - RIGHTS IN DATA - GENERAL (MAY

2014)

52.232-17 - INTEREST (MAY 2014) (DEVIATION I - MAY

2003)

52.232-36 - PAYMENT BY THIRD PARTY (MAY 2014) (DEVIATION I - MAY

2003)

52.233-1 - DISPUTES (MAY

2014)

52.223-13 - ACQUISITION OF EPEAT - REGISTERED IMAGING EQUIPMENT (JUN

2014)

52.223-14 - ACQUISITION OF EPEAT® - REGISTERED TELEVISIONS (JUN

2014)

I-FSS-969

ECONOMIC

PRICE

ADJUSTMENT-FSS

MULTIPLE

AWARD

SCHEDULE

(OCT

2014)

52.204-19 - INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC

2014)

52.222-21 - PROHIBITION OF SEGREGATED FACILITIES (APR

2015)

52.222-29 - NOTIFICATION OF VISA DENIAL (APR

2015)

552.223-73 - PRESERVATION, PACKAGING, PACKING, MARKING AND LABELING OF

HAZARDOUS MATERIALS (HAZMAT) FOR SHIPMENTS (JUN 2015)

52.209-10 - PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(NOV

2015)

52.223-16 - ACQUISITION OF EPEAT® - REGISTERED PERSONAL COMPUTER PRODUCTS

(OCT

2015)

552.228-5 - GOVERNMENT AS ADDITIONAL INSURED (JAN

2016)

52.223-11 - OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL

HYDROFLUOROCARBONS (JUN

2016)

I-FSS-969 - ECONOMIC PRICE ADJUSTMENT - FSS MULTIPLE AWARD SCHEDULE (OCT 2014)

(ALTERNATE II - JUL 2016)

552.216-70 - ECONOMIC PRICE ADJUSTMENT – FSS MULTIPLE AWARD SCHEDULE

CONTRACTS (SEP 1999) (DEVIATION II – JUL

2016)

552.211-89 - NON-MANUFACTURED WOOD PACKAGING MATERIAL FOR EXPORT (JUL

2016)

52.224-3 - PRIVACY TRAINING (JAN

2017)

52.242-5 - PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN

2017)

52.222-26 - EQUAL OPPORTUNITY (SEP

2016)

52.204-15 - SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY

CONTRACTS (JAN

2014)

52.222-41 - SERVICE CONTRACT LABOR STANDARDS (AUG

2018)

52.222-43 - FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR

STANDARDSâ??PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION

CONTRACTS) (AUG

2018)

52.223-17 - AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS (MAY

2008)

52.204-7 - SYSTEM FOR AWARD MANAGEMENT (OCT

2018)

52.204-13 - SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT

2018)

52.209-9 - UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (OCT 2018)

52.232-33 - PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR

AWARD

MANAGEMENT (OCT

2018)

552.238-105 - DELIVERIES BEYOND THE CONTRACTUAL PERIOD - PLACING OF ORDERS

(MAY

2019)

552.238-107 - TRAFFIC RELEASE (SUPPLIES) (MAY

2019)

552.238-86 - DELIVERY SCHEDULE (MAY

2019)

552.238-89 - DELIVERIES TO THE U.S. POSTAL SERVICE (MAY

2019)

552.238-90 - CHARACTERISTICS OF ELECTRIC CURRENT (MAY

2019)

552.238-91 - MARKING AND DOCUMENTATION REQUIREMENTS FOR SHIPPING (MAY 2019)

552.238-92 - VENDOR MANAGED INVENTORY (VMI) PROGRAM (MAY

2019)

552.238-93 - ORDER ACKNOWLEDGMENT (MAY

2019)

552.238-94 - ACCELERATED DELIVERY REQUIREMENTS (MAY

2019)

552.238-95 - SEPARATE CHARGE FOR PERFORMANCE ORIENTED PACKAGING (POP)

(MAY

2019)

552.238-96 - SEPARATE CHARGE FOR DELIVERY WITHIN CONSIGNEE'S PREMISES

(MAY

2019)

552.238-100 - TRANSSHIPMENTS (MAY

2019)

552.238-101 - FOREIGN TAXES AND DUTIES (MAY

2019)

552.238-102 - ENGLISH LANGUAGE AND U.S. DOLLAR REQUIREMENTS (MAY

2019)

552.238-103 - ELECTRONIC COMMERCE (MAY

2019)

552.238-104 - DISSEMINATION OF INFORMATION BY CONTRACTOR (MAY

2019)

552.238-106 - INTERPRETATION OF CONTRACT REQUIREMENTS (MAY

2019)

552.238-112 - DEFINITION (FEDERAL SUPPLY SCHEDULES) - NON-FEDERAL ENTITY

(MAY

2019)

552.238-113 - SCOPE OF CONTRACT (ELIGIBLE ORDERING ACTIVITIES) (MAY

2019)

552.238-70 - COVER PAGE FOR WORLDWIDE FEDERAL SUPPLY SCHEDULES (MAY 2019) FOR

ALL GEOGRAPHIC

AREAS

552.238-79 - CANCELLATION (MAY

2019)

552.238-81 - PRICE REDUCTIONS (MAY

2019)

552.238-81 - PRICE REDUCTIONS (MAY 2019) (ALTERNATE I - APR

2014)

552.238-83 - EXAMINATION OF RECORDS BY GSA (FEDERAL SUPPLY SCHEDULES)

(MAY

2019)

552.238-84 - DISCOUNTS FOR PROMPT PAYMENT (MAY

2019)

552.238-85 - CONTRACTOR'S BILLING RESPONSIBILITIES (MAY

2019)

552.238-87 - DELIVERY PRICES (MAY

2019)

552.238-88 - GSA ADVANTAGE!® (MAY

2019)

552.238-97 - PARTS AND SERVICE (MAY

2019)

552.238-98 - CLAUSES FOR OVERSEAS COVERAGE (MAY

2019)

552.238-99 - DELIVERY PRICES OVERSEAS (MAY

2019)

52.216-32 - TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEP 2019) (ALT I SEP 2019)

Alternate I

52.219-13 - NOTICE OF SET-ASIDE OF ORDERS (MAR

2020)

52.219-6 - NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR

2020) 552.238-77

SUBMISSION

AND

DISTRIBUTION

OF

AUTHORIZED

FEDERAL

SUPPLY

SCHEDULE

PRICE LISTS (MAR

2020)

52.225-5 - TRADE AGREEMENTS (OCT

2019)

52.202-1 - DEFINITIONS (JUN

2020)

52.203-17 - CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

52.204-10 - REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUN

2020)

52.204-18 - COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG

2020)

52.222-36 - EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN

2020)

52.222-35 - EQUAL OPPORTUNITY FOR VETERANS (JUN

2020)

52.222-37 - EMPLOYMENT REPORTS ON VETERANS (JUN

2020)

52.223-15 - ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (MAY

2020)

52.225-19 - CONTRACTOR PERSONNEL IN A DESIGNATED OPERATIONAL AREA OR

SUPPORTING A DIPLOMATIC OR CONSULAR MISSION OUTSIDE THE UNITED STATES (MAY

2020)

52.216-18 - ORDERING (AUG

2020)

52.228-3 - WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) (JUL

2014)

52.204-2 - SECURITY REQUIREMENTS (MAR

2021)

52.225-13 - RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB

2021)

552.238-80 - INDUSTRIAL FUNDING FEE AND SALES REPORTING (JUL

2020) 552.238-80 - INDUSTRIAL FUNDING FEE AND SALES REPORTING (JUL 2020) (ALTERNATE I –

MAY

2019) 52.223-3

HAZARDOUS

MATERIAL

IDENTIFICATION

AND

MATERIAL

SAFETY

DATA

(FEB

2021)

(ALTERNATE I - JUL

1995)

52.223-99 - ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS (OCT 2021)

(DEVIATION)

552.252-6 - AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2021) (DEVIATION FAR 52.252-6)

52.245-1 - GOVERNMENT PROPERTY (SEP

2021)

52.219-33 - NONMANUFACTURER RULE (SEP

2021)

52.219-16 - LIQUIDATED DAMAGES - SUBCONTRACTING PLAN (SEP

2021)

52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV

2021)

52.204-21 - BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(NOV 2021)

52.204-23 - PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV

2021)

52.204-25 - PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

52.209-6 - PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021)

552.238-111 - ENVIRONMENTAL PROTECTION AGENCY REGISTRATION REQUIREMENT

(JAN

2022) 552.238-114

USE

OF

FEDERAL

SUPPLY

SCHEDULE

CONTRACTS

BY

NON-FEDERAL

ENTITIES

(JAN

2022)

552.238-82 - MODIFICATIONS (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE I -

MAR

2020)

552.238-82 - MODIFICATIONS (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE II

MAY

2019)

552.212-72 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN

2022)

552.238-78 - IDENTIFICATION OF PRODUCTS THAT HAVE ENVIRONMENTAL ATTRIBUTES

(JAN

2022)

552.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021) (DEVIATION - JAN 2022) (ALTERNATE I - NOV 2021)

(DEVIATION - FEB 2007)

552.212-4 - CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021) (DEVIATION – FEB 2007) (DEVIATION - JAN 2022)

52.203-6 - RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

(ALTERNATE I - NOV

2021)

52.222-19 - CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2022)

52.222-50 - COMBATING TRAFFICKING IN PERSONS (NOV

2021) 52.222

55 - MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER

14026

(JAN

2022)

52.222-62 - PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN

2022)

52.232-40 - PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

(NOV 2021)

52.247-64 - PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS

(NOV

2021)

52.215-21 - REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER

THAN CERTIFIED COST OR PRICING DATA - MODIFICATIONS (NOV 2021) (ALTERNATE IV -

OCT

2010)

552.238-116 - OPTION TO EXTEND THE TERM OF THE FSS CONTRACT (MAR

2022)

552.238-115 - SPECIAL ORDERING PROCEDURES FOR THE ACQUISITION OF ORDER-LEVEL

MATERIALS (APR

2022)

552.238-73 - IDENTIFICATION OF ELECTRONIC OFFICE EQUIPMENT PROVIDING

ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES (MAR

2022)

52.216-22 - INDEFINITE QUANTITY (OCT

1995)

52.222-54 - EMPLOYMENT ELIGIBILITY VERIFICATION (MAY

2022)

52.219-14 - LIMITATIONS ON SUBCONTRACTING (OCT

2022)

52.219-27 - NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE

(OCT

2022)

52.219-28 - POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (OCT

2022)

52.219-29 - NOTICE OF SET-ASIDE FOR, OR SOLE SOURCE AWARD TO, ECONOMICALLY

DISADVANTAGED WOMEN-OWNED SMALL BUSINESS CONCERNS (OCT 2022)

52.219-30 - NOTICE OF SET-ASIDE FOR, OR SOLE SOURCE AWARD TO, WOMEN-OWNED

SMALL BUSINESS CONCERNS ELIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS

PROGRAM (OCT

2022)

52.219-9 - SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2022) (ALT II NOV

2016)

52.219-8 - UTILIZATION OF SMALL BUSINESS CONCERNS (OCT

2022)

52.219-3 - NOTICE OF HUBZONE SET-ASIDE OR SOLE SOURCE AWARD (OCT

2022)

552.212-71 - CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA ACQUISITIONS OF

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

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

EXECUTIVE

ORDERS

COMMERCIAL

PRODUCTS

AND

COMMERCIAL

SERVICES

(OCT

2022)

C-FSS-370 - CONTRACTOR TASKS / SPECIAL REQUIREMENTS (DEC 2022)

I-FSS-40 - CONTRACTOR TEAM ARRANGEMENTS (DEC

2022)

I-FSS-600 - CONTRACT PRICE LISTS (DEC

2022)

I-FSS-639 - CONTRACT SALES CRITERIA (DEC

2022)

I-FSS-644 - PRODUCTS OFFERED AND SOLD BY VENDORS OTHER THAN THE

MANUFACTURER (DEC

2022)

I-FSS-973 - PAYMENTS BY NON-FEDERAL ORDERING ACTIVITIES (DEC

2022)

G-FSS-900-C - CONTACT FOR CONTRACT ADMINISTRATION (DEC

2022)

I-FSS-106 - GUARANTEED MINIMUM (DEC

2022)

Contract Clauses for Solicitation

47QSMD20R0001 Refresh Number

Contract Number:

GS-35F-

0601T

52.203-3 GRATUITIES (APR

1984) (a)

The right of the

Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative— (1)

Offered or gave a gratuity

(e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c)

If this contract is terminated under paragraph (a) above, the Government is entitled—

(1) To pursue the same remedies as in a breach of the contract;

and (2)

In addition to any other damages provided by law, to exemplary damages of not less than

3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d)

The rights and remedies of the

Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

52.222-1

NOTICE

TO

THE

GOVERNMENT

OF

LABOR

DISPUTES (FEB 1997)

If the

Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Contracting Officer.

52.222-3 CONVICT LABOR (JUN

2003)

(a) Except as provided in paragraph (b) of this clause, the Contractor shall not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands.

(b) The Contractor is not prohibited from employing persons—

(1) On parole or probation to work at paid employment during the term of their sentence;

(2) Who have been pardoned or who have served their terms;

or

(3) Confined for violation of the laws of any of the States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction, if—

(i) The worker is paid or is in an approved work training program on a voluntary basis;

(ii)

Representatives of local union central bodies or similar labor union organizations have been consulted;

(iii) Such paid employment will not result in the displacement of employed workers, or be Page: 1 of

Contract Clauses for Solicitation

47QSMD20R0001 Refresh Number

Contract Number:

GS-35F-

0601T applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services;

(iv)

The rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed; and (v)

The

Attorney

General of the

United

States has certified that the work-release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executive Order 11755, as amended by Executive Orders 12608 and 12943.

52.224-1 PRIVACY ACT NOTIFICATION (APR

1984) The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the

Privacy

Act of

1974, Public

Law

93-579, December

31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

52.224-2 PRIVACY ACT (APR

1984)

(a) The Contractor agrees to—

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the

Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies—

(i) The systems of records;

and

(ii) The design, development, or operation work that the Contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and (3)

Include this clause, including this subparagraph

(3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

(b)

In the event of violations of the

Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

(c) (1) " Operation of a system of records ," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(2)

Record as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

Page: 2 of

Contract Clauses for Solicitation

47QSMD20R0001 Refresh Number

Contract Number:

GS-35F-

0601T (3)

System of records on individuals as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

52.228-5

INSURANCE—WORK

ON

A

GOVERNMENT INSTALLATION (JAN 1997)

(a)

The

Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the

Schedule or elsewhere in the contract.

(b)

Before commencing work under this contract, the

Contractor shall notify the

Contracting

Officer in writing that the required insurance has been obtained.

The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—

(1) For such period as the laws of the State in which this contract is to be performed prescribe;

or (2)

Until days after the insurer or the

Contractor gives written notice to the

Contracting Officer, whichever period is longer.

(c)

The

Contractor shall insert the substance of this clause, including this paragraph

(c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

52.229-1 STATE AND LOCAL TAXES (APR

1984) Notwithstanding the terms of the

Federal, State, and

Local

Taxes clause, the contract price excludes all

State and local taxes levied on or measured by the contract or sales price of the services or completed supplies furnished under this contract. The Contractor shall state separately on its invoices taxes excluded from the contract price, and the Government agrees either to pay the amount of the taxes to the Contractor or provide evidence necessary to sustain an exemption.

52.232-37 MULTIPLE PAYMENT ARRANGEMENTS (MAY

1999) This contract or agreement provides for payments to the

Contractor through several alternative methods.

The applicability of specific methods of payment and the designation of the payment office(s) are either stated—

(a) Elsewhere in this contract or agreement;

or

(b) In individual orders placed under this contract or agreement.

52.233-3 PROTEST AFTER AWARD (AUG

1996)

(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.

Upon receipt of the final decision in the protest, the Contracting Officer shall either—

(1) Cancel the stop-work order;

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Terminate the work covered by the order as provided in the

Default, or the

Termination for Convenience of the Government, clause of this contract.

(b)

If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the

Contractor shall resume work.

The

Contracting

Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if— (1)

The stop-work order results in an increase in the time required for, or in the

Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage;

provided , that if the Contracting Officer decides the facts justify the action, the Contracting

Officer may receive and act upon the request at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the

Government, the

Contracting

Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d)

If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(e)

The

Government's rights to terminate this contract at anytime are not affected by action taken under this clause.

(f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2), or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of

Subpart

32.6, the

Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government.

52.233-4

APPLICABLE

LAW

FOR

BREACH

OF

CONTRACT CLAIM (OCT 2004)

United States law will apply to resolve any claim of breach of this contract.

52.237-2

PROTECTION

OF

GOVERNMENT

BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

The

Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor's failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

52.237-3 CONTINUITY OF SERVICES (JAN

1991) (a)

The

Contractor recognizes that the services under this contract are vital to the

Government and must be continued without interruption and that, upon contract expiration, a successor, either the

Government or another contractor, may continue them. The Contractor agrees to—

(1) Furnish phase-in training;

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Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

(b)

The

Contractor shall, upon the

Contracting

Officer’s written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer’s approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.

(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.

(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs ( i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.

52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG

1996) (a)

The

Contractor shall not publish or disclose in any manner, without the

Contracting

Officer's written consent, the details of any safeguards either designed or developed by the

Contractor under this contract or otherwise provided by the Government.

(b)

To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the Government access to the Contractor's facilities, installations, technical capabilities, operations, documentation, records, and databases.

(c) If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party.

52.242-13 BANKRUPTCY (JUL

1995) In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the

Contractor agrees to furnish, by certified mail or electronic commerce method authorized by the contract, written notification of the bankruptcy to the Contracting Officer responsible for administering the contract. This notification shall be furnished within five days of the initiation of the proceedings relating to bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of Government contract numbers and contracting offices for all Government contracts against which final payment has not been made. This obligation remains in effect until final payment under this contract.

52.242-15 STOP-WORK ORDER (AUG

1989) (a)

The

Contracting

Officer may, at any time, by written order to the

Contractor, require the

Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.

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0601T Within a period of days after a stop-work is delivered to the

Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either —

(1) Cancel the stop-work order;

or (2)

Terminate the work covered by the order as provided in the

Default, or the

Termination for Convenience of the Government, clause of this contract.

(b)

If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if — (1)

The stop-work order results in an increase in the time required for, or in the

Contractor’s cost properly allocable to, the performance of any part of this contract; and (2)

The

Contractor asserts its right to the adjustment within days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the

Government, the

Contracting

Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d)

If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

52.247-32 F.O.B. ORIGIN, FREIGHT PREPAID (FEB

2006)

(a) The term "f.o.b. origin, freight prepaid," as used in this clause, means—

(1) Free of expense to the Government delivered—

(i) On board the indicated type of conveyance of the carrier (or of the Government, if specified) at a designated point in the city, county, and

State from which the shipments will be made and from which line-haul transportation service (as distinguished from switching, local drayage, or other terminal service) will begin;

(ii)

To, and placed on, the carrier's wharf

(at ship-side, within reach of the ship's loading tackle, when the shipping point is within a port area having water transportation service) or the carrier's freight station;

(iii) To a U.S. Postal Service facility;

or

(iv) If stated in the solicitation, to any Government-designated point located within the same city or commercial zone as the f.o.b. origin point specified in the contract (the Federal

Motor

Carrier

Safety

Administration prescribes commercial zones at

Subpart

B of 49 CFR part 372); and (2)

The cost of transportation, ultimately the

Government's obligation, is prepaid by the Contractor to the point specified in the contract.

(b) The Contractor shall—

(1) (i) Pack and mark the shipment to comply with contract specifications;

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In the absence of specifications, prepare the shipment in conformance with carrier requirements to protect the goods and to ensure assessment of the lowest applicable transportation charge;

(2) (i) Order specified carrier equipment when requested by the Government;

or (ii)

If not specified, order appropriate carrier equipment not in excess of capacity to accommodate shipment;

(3) Deliver the shipment in good order and condition to the carrier, and load, stow, trim, block, and/or brace carload or truckload shipment

(when loaded by the

Contractor) on or in the carrier's conveyance as required by carrier rules and regulations;

(4) Be responsible for any loss of and/or damage to the goods—

(i) Occurring before delivery to the carrier;

(ii) Resulting from improper packing or marking;

or (iii)

Resulting from improper loading, stowing, trimming, blocking, and/or bracing of the shipment, if loaded by the Contractor on or in the carrier's conveyance;

(5) Prepare a bill of lading or other transportation receipt. The bill of lading shall show— (i)

A description of the shipment in terms of the governing freight classification or tariff (or Government rate tender) under which lowest freight rates are applicable;

(ii) The seals affixed to the conveyance with their serial numbers or other identification;

(iii) Lengths and capacities of cars or trucks ordered and furnished;

(iv) Other pertinent information required to effect prompt delivery to the consignee, including name, delivery address, postal address and

ZIP

code of consignee, routing, etc.;

(v)

Special instructions or annotations requested by the ordering agency for bills of lading; e.g., "This shipment is the property of, and the freight charges paid to the carrier(s) will be reimbursed by, the Government"; and (vi)

The signature of the carrier's agent and the date the shipment is received by the carrier;

(6)

Distribute the copies of the bill of lading, or other transportation receipts, as directed by the ordering agency; and

(7) Prepay all freight charges to the extent specified in the contract.

(c) These Contractor responsibilities are specified for performance at the plant or plants at which these supplies are to be finally inspected and accepted, unless the facilities for shipment by carrier's equipment are not available at the Contractor's plant, in which case the responsibilities shall be performed f.o.b.

the point or points in the same or nearest city where the specified carrier's facilities are available; subject, however, to the following qualifications:

(1)

If the

Contractor's shipping plant is located in the

State of

Alaska or

Hawaii, the

Contractor shall deliver the supplies listed for shipment outside Alaska or Hawaii to the port of loading in Alaska or

Hawaii, respectively, as specified in the contract, at

Contractor's expense, and to that extent the contract shall be "f.o.b. destination."

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(2) Notwithstanding subparagraph (c)(1) of this clause, if the Contractor's shipping plant is located in the

State of

Hawaii, and the contract requires delivery to be made by container service, the Contractor shall deliver the supplies, at the Contractor's expense to the container yard in the same or nearest city where seavan container service is available.

52.247-34 F.O.B. DESTINATION (NOV

1991)

(a) The term "f.o.b. destination," as used in this clause, means— (1)

Free of expense to the

Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee.

If motor carrier

(including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the Contractor uses rail carrier or freight forwarder for less than carload shipments, the Contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall—

(1) (i) Pack and mark the shipment to comply with contract specifications;

or (ii)

In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3)

Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4)

Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier;

and

(6) Pay and bear all charges to the specified point of delivery.

52.247-38

F.O.B.

INLAND

CARRIER,

POINT

OF

EXPORTATION (FEB 2006)

(a)

The term

"f.o.b.

inland carrier, point of exportation," as used in this clause, means free of expense to the Government, on board the conveyance of the inland carrier, delivered to the specified point of exportation.

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(1) (i) Pack and mark the shipment to comply with contract specifications;

or

(ii) In the absence of specifications, prepare the shipment for ocean transportation in conformance with carrier requirements to protect the goods and to ensure assessment of the lowest applicable transportation charge;

(2) Prepare and distribute commercial bills of lading or other transportation receipt;

(3)

(i)

Deliver the shipment in good order and condition in or on the conveyance of the carrier on the date or within the period specified; and (ii)

Pay and bear all applicable charges, including transportation costs, to the point of delivery specified in the contract;

(4)

Be responsible for any loss of and/or damage to the goods occurring before delivery of the shipment to the point of delivery in the contract; and (5)

At the

Government's request and expense, assist in obtaining the documents required for

(i) exportation or (ii) importation at destination.

52.247-39

F.O.B.

INLAND

POINT,

COUNTRY

OF

IMPORTATION (APR 1984)

(a)

The term

"f.o.b.

inland point, country of importation," as used in this clause, means free of expense to the

Government, on board the indicated type of conveyance of the carrier, delivered to the specified inland point where the consignee's facility is located.

(b) The Contractor shall—

(1) (i) Pack and mark the shipment to comply with contract specifications;

or (ii)

In the absence of specifications, prepare the shipment for ocean transportation in conformance with carrier requirements to protect the goods;

(2)

(i)

Deliver, in or on the inland carrier's conveyance, the shipment in good order and condition to the specified inland point where the consignee's facility is located; and (ii)

Pay and bear all applicable charges incurred up to the point of delivery, including transportation costs;

export, import, or other fees or taxes;

costs of landing;

wharfage costs; customs duties and costs of certificates of origin; consular invoices; and other documents that may be required for importation; and (3)

Be responsible for any loss of and/or damage to the goods until their arrival on or in the carrier's conveyance at the specified inland point.

52.247-65

F.O.B.

ORIGIN,

PREPAID

FREIGHT—SMALL PACKAGE SHIPMENTS (JAN 1991)

(a) When authorized by the Contracting Officer, f.o.b. origin freight shipments which do not have a security classification shall move on prepaid commercial bills of lading or other shipping documents to domestic destinations, including air and water terminals. Weight of individual shipments shall be governed by carrier restrictions but shall not exceed 150 pounds by any form of commercial air or 1,000 pounds by other commercial carriers. The Government will reimburse the Contractor for reasonable freight charges.

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(c) The Contractor shall consolidate prepaid shipments in accordance with procedures established by the cognizant transportation office. The Contractor is authorized to combine Government prepaid shipments with the

Contractor's commercial shipments for delivery to one or more consignees and the Government will reimburse its pro rata share of the total freight costs. The Contractor shall provide a copy of the commercial bill of lading promptly to each consignee.

Quantities shall not be divided into mailable lots for the purpose of avoiding movement by other modes of transportation.

(d) Transportation charges will be billed as a separate item on the invoice for each shipment made. A copy of the pertinent bill of lading, shipment receipt, or freight bill shall accompany the invoice unless otherwise specified in the contract.

(e) Loss and damage claims will be processed by the Government.

52.247-68 REPORT OF SHIPMENT (REPSHIP) (FEB

2006)

(a) Definition. Domestic destination, as used in this clause, means—

(1) A destination within the contiguous United States;

or

(2) If shipment originates in Alaska or Hawaii, a destination in Alaska or Hawaii, respectively.

(b) Unless otherwise directed by the Contracting Officer, the Contractor shall—

(1) Send a prepaid notice of shipment to the consignee transportation officer—

(i) For all shipments of—

(A) Classified material, protected sensitive, and protected controlled material;

(B) Explosives and poisons, class 1, division 1.1, 1.2 and 1.3; class 2, division 2.3 and class 6, division 6.1;

(C) Radioactive materials requiring the use of a III bar label;

or (ii)

When a truckload/carload shipment of supplies weighing

20,000 pounds or more, or a shipment of less weight that occupies the full visible capacity of a railway car or motor vehicle, is given to any carrier (common, contract, or private) for transportation to a domestic destination (other than a port for export);

(2)

Transmits the notice by rapid means to be received by the consignee transportation officer at least 24 hours before the arrival of the shipment; and

(3) Send, to the receiving transportation officer, the bill of lading or letter or other document containing the following information and prominently identified as a

“Report of

Shipment” or “REPSHIP FOR T.O.”

RESHIP FOR T.O. 81 JUN

TRANSPORTATION

OFFICER,

DEFENSE

DEPOT,

MEMPHIS,

TN. SHIPPED YOUR DEPOT 1981 JUN 1

540 CTNS MENS COTTON TROUSERS, 30,240 LB, 1782 CUBE, VIA XX-YY* IN CAR NO. XX 123456**-BL***-C98000031****CONTRACT DLA

ETA*****

-JUNE 5 JONES & CO., JERSEY CITY N.J.

552.203-71 RESTRICTION ON ADVERTISING (SEP

1999) Page: 10 of

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0601T The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the

White

House, the Executive Office of the President, or any other element of the Federal Government, or is considered by these entities to be superior to other products or services. Any advertisement by the Contractor, including price-off coupons, that refers to a military resale activity shall contain the following statement: "This advertisement is neither paid for nor sponsored, in whole or in part, by any element of the United States Government."

552.211-73 MARKING (FEB

1996) (a)

General requirements

Interior packages, if any, and exterior shipping containers shall be marked as specified elsewhere in the contract. Additional marking requirements may be specified on delivery orders issued under the contract. If not otherwise specified, interior packages and exterior shipping containers shall be marked in accordance with the following standards.

(1)

Deliveries to civilian activities.

Supplies shall be marked in accordance with

Federal

Standard 123, edition in effect on the date of issuance of the solicitation.

(2)

Deliveries to military activities

Supplies shall be marked in accordance with

Military Standard 129, edition in effect on the date of issuance of the solicitation.

(b) Improperly marked material . When Government inspection and acceptance are at destination, and delivered supplies are not marked in accordance with contract requirements, the Government has the right, without prior notice to the

Contractor to perform the required marking, by contract or otherwise, and charge the Contractor, therefor at the rate specified elsewhere in this contract. This right is not exclusive, and is in addition to other rights or remedies provided for in this contract.

552.211-75

PRESERVATION,

PACKAGING,

AND

PACKING (FEB 1996)

(ALTERNATE I - MAY 2003)

Unless otherwise specified, all items shall be preserved, packaged, and packed in accordance with normal commercial practices, as defined in the applicable commodity specification. Packaging and packing shall comply with the requirements of the Uniform Freight Classification and the National Motor Freight Classification

(issue in effect at time of shipment) and each shipping container of each item in a shipment shall be of uniform size and content, except for residual quantities. Where special or unusual packing is specified in an order, but not specifically provided for by the contract, such packing details must be the subject of an agreement independently arrived at between the ordering activity and the Contractor.

552.211-77 PACKING LIST (FEB 1996)

(ALTERNATE I –

MAY

2003)

(a) A packing list or other suitable shipping document shall accompany each shipment and shall indicate: (1) Name and address of consignor; (2) Name and complete address of consignee; (3)

Ordering activity order or requisition number; (4) Government bill of lading number covering the shipment

(if any);

and

(5)

Description of the material shipped, including item number, quantity, number of containers, and package number (if any).

(b) When payment will be made by Ordering activity commercial credit card, in addition to the information in

(a) above, the packing list or shipping document shall include:

(1)

Cardholder name and telephone number; and (2) the term "Credit Card."

552.215-72

PRICE

ADJUSTMENT—FAILURE

TO

PROVIDE ACCURATE INFORMATION (AUG 1997)

(a) The Government, at its election, may reduce the price of this contract or contract modification if the Page: 11 of

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Officer determines after award of this contract or contract modification that the price negotiated was increased by a significant amount because the Contractor failed to:

(1) provide information required by this solicitation/contract or otherwise requested by the Government; or

(2) submit information that was current, accurate, and complete;

or (3) disclose changes in the

Contractor’s commercial pricelist(s), discounts or discounting policies which occurred after the original submission and prior to the completion of negotiations.

(b)

The

Government will consider information submitted to be current, accurate and complete if the data is current, accurate and complete as of 14 calendar days prior to the date it is submitted.

(c)

If any reduction in the contract price under this clause reduces the price for items for which payment was made prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the United States—

(1) The amount of the overpayment;

and

(2) Simple interest on the amount of such overpayment to be computed from the date(s) of overpayment to the

Contractor to the date the

Government is repaid by the

Contractor…