Amended_52.212-4.docx

52.212-4 ADDENDUM – CONTRACTS TERMS AND CONDITIONS - - COMMERCIAL ITEMS (FEB 2012)

(a) Inspections/acceptance. Inspection and acceptance will occur at delivery destination.

(1) The contractor may be responsible for shipping items for W.T. Sampson in Guantanamo Bay, Cuba to a location within the continental United States. However, final inspection and acceptance will take place at W.T. Sampson Schools in Guantanamo Bay, Cuba.

(2) The contractor is not required to provide inside delivery, assembly and/or installation items shipped to the DDESS schools in Puerto Rico and Cuba.

(3) For supplies requiring installation: The Government will sign the final inspection and acceptance receipt upon completion of inside delivery, unpacking, installation, product registration, verification of operability with Government owned computer, and removal of all packing debris from the military installation.

(4) For supplies not requiring installation: The Government will sign the final inspection and acceptance receipt upon completion of inside delivery and unpacking of equipment and any peripheral items outlined on the delivery order.

(c) Changes. The Government may make unilateral administrative changes to this contract or subsequent delivery order. Administrative changes include but are not limited to changes in the paying office or changes in accounting and appropriation data.

(g) Invoices. Wide Area Workflow (WAWF) – Electronic invoicing instructions In accordance with DFARS 252.232-7003, contractors shall submit payment requests electronically through WAWF at https://wawf.eb.mil. Payment requests not submitted through WAWF will be rejected. The contractor is limited to a maximum of one invoice per calendar month, per delivery order unless otherwise approved in writing by the Contracting Officer. (Note: For vendors new to WAWF, installation instructions and a registration guide are available at: http://www.wawftraining.com.)

Individual Delivery Orders will incorporate DFAR Clause 252.232-7006 which will have pertinent codes to route invoices for procurement actions through WAWF for receipt verification and payment.

WAWF Customer Support:

(q) Other Compliances.

3.0 Contractor Manpower Reporting Requirements

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Department of Defense Education Activity via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: hnp://www.ecmra.mil/.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil/.

(u) Delivery Order Instructions.

Guaranteed Minimum Requirement: The Government will issue an initial (advanced) delivery order to each awardee in order to satisfy the IDIQ award’s guaranteed minimum order requirement of $3,001.00.

The actual items to be delivered under each contractor’s initial delivery order will be determined in a delivery order modification. The modifications will be based on real requirements, will be competed in accordance with the RFQ procedures described below, and will apply the advanced $3,001.00. If all the contractors do not competitively win delivery order awards prior to the end of FY14, the Government reserves the right to issue a sole source award/modification in order to use the FY14 funds that were obligated to satisfy the guaranteed minimum requirement.

The Government intends to competitively issue each delivery order to provide all multiple awardees a fair opportunity to receive delivery orders in accordance with FAR 16.505(b)(1). The Government may use the Lowest Price, the Lowest Price Technically Acceptable (LPTA) or Best Value/Trade-off evaluation process to determine the successful contractor for each delivery order. All offerors are cautioned that the Government is not obligated to award any additional quantities other than the minimum amount of $3,001.00 per awardee on the first delivery order. The maximum contract value for all contracts combined for all five years is $7,500,000.00.

1. A Request for Quote (RFQ) will be issued to all awardees by e-mail for each Delivery Order:

0. Awardees will be allowed at least three (3) business days to respond to a RFQ unless the requirement is urgent in which case the Government reserves the right to request offers in a shorter time period identified in the request.

0. Add all discount opportunities to unit price when placing quote.

0. Offers will be requested on an FOB Destination basis. If shipping costs are not included in price, the contractor shall provide a separate line for shipping in the quote.

0. Any requirement for installation services will be indicated in the RFQ.

0. All requirements are for new equipment only. The Government will not accept used or refurbished equipment.

0. Offeror shall include, or provide reference to, the End User License Agreement offered for each piece of equipment requested within the RFQ.

1. The Government reserves the right to:

(i). Make single or split Delivery Order awards for any or all items quoted.

(ii). Publicize a requirement if fair opportunity is given to awardees and a fair and reasonable response is not received within the required response time.

3. Delivery requirement/information:

(i) Delivery Locations (See Technical Exhibit C, “Delivery Addresses and Points of Contact”). The delivery location will be designated on each delivery order. The Government reserves the right to update the distribution shipping list.

(ii) Once a delivery order has been placed, the Contractor shall contact the designated POC for the delivery location(s) 24 hours in advance before the delivery is to be made and coordinate available times for delivery with the POC.

(End of Clause)