SOL_M00263-13-T-0013.doc

Section B - Supplies or Services and Prices

Recruit Sunday Catholic Service

FFP

Ordained Catholic Priest to perform Sunday Mass. Mass will be held at the following time and location:

07:00 am - 08:00 am

All-Weather Training Facility

Building# 281, Boulevard De France

Marine Corps Recruit Depot

Parris Island, South Carolina 29905

See Performance Work Statement

FOB: Destination

NET AMT

Recruit Special Catholic Service

Ordained Catholic Priest to perform Special Mass. Mass will be held at the following time and location:

Time: To be determined

The Recruit Chapel

Building# 6002, Boulevard De France

Marine Corps Recruit Depot

Parris Island, SC 29905

NET AMT

Permanent Party Sunday Catholic Service

Ordained Catholic Priest to perform Sunday Mass. Mass will be held at the following time and location:

09:30 am - 10:30 am

Depot Chapel

Bldg# 161 Panama Street

Marine Corps Recruit Depot

Parris Island, South Carolina 29905

NET AMT

Permanent Party Special Catholic Service

Ordained Catholic Priest to perform Special Mass. Mass will be held at the following time and location:

Time: To be determined

Depot Chapel

Bldg# 161 Panama Street

Marine Corps Recruit Depot

Parris Island, South Carolina 29905

NET AMT

Recruit Religious Catholic Education

Ordained Catholic Priest to perform Religious Education. Session will be held at the following time and location:

08:10 am - 09:00 am

All-Weather Training Facility

Building# 281, Boulevard De France

Marine Corps Recruit Depot

Parris Island, South Carolina 29905

NET AMT

FFP

Ordained Catholic Priest to perform Sunday Mass. Mass will be held at the following time and location:

07:00 am - 08:00 am

All-Weather Training Facility

Building# 281, Boulevard De France

Marine Corps Recruit Depot

Parris Island, South Carolina 29905

NET AMT

FFP

Ordained Catholic Priest to perform Special Mass. Mass will be held at the following time and location:

Time: To be determined

The Recruit Chapel

Building# 6002, Boulevard De France

Marine Corps Recruit Depot

Parris Island, SC 29905

NET AMT

FFP

Ordained Catholic Priest to perform Sunday Mass. Mass will be held at the following time and location:

09:30 am - 10:30 am

Depot Chapel

Bldg# 161 Panama Street

Marine Corps Recruit Depot

Parris Island, South Carolina 29905

NET AMT

FFP

Ordained Catholic Priest to perform Special Mass. Mass will be held at the following time and location:

Time: To be determined

Depot Chapel

Bldg# 161 Panama Street

Marine Corps Recruit Depot

Parris Island, South Carolina 29905

NET AMT

FFP

Ordained Catholic Priest to perform Religious Education. Session will be held at the following time and location:

08:10 am - 09:00 am

All-Weather Training Facility

Building# 281, Boulevard De France

Marine Corps Recruit Depot

Parris Island, South Carolina 29905

NET AMT

FFP

Ordained Catholic Priest to perform Sunday Mass. Mass will be held at the following time and location:

07:00 am - 08:00 am

All-Weather Training Facility

Building# 281, Boulevard De France

Marine Corps Recruit Depot

Parris Island, South Carolina 29905

NET AMT

FFP

Ordained Catholic Priest to perform Special Mass. Mass will be held at the following time and location:

Time: To be determined

The Recruit Chapel

Building# 6002, Boulevard De France

Marine Corps Recruit Depot

Parris Island, SC 29905

NET AMT

FFP

Ordained Catholic Priest to perform Sunday Mass. Mass will be held at the following time and location:

09:30 am - 10:30 am

Depot Chapel

Bldg# 161 Panama Street

Marine Corps Recruit Depot

Parris Island, South Carolina 29905

NET AMT

FFP

Ordained Catholic Priest to perform Special Mass. Mass will be held at the following time and location:

Time: To be determined

Depot Chapel

Bldg# 161 Panama Street

Marine Corps Recruit Depot

Parris Island, South Carolina 29905

NET AMT

FFP

Ordained Catholic Priest to perform Religious Education. Session will be held at the following time and location:

08:10 am - 09:00 am

All-Weather Training Facility

Building# 281, Boulevard De France

Marine Corps Recruit Depot

Parris Island, South Carolina 29905

NET AMT

FFP

Ordained Catholic Priest to perform Sunday Mass. Mass will be held at the following time and location:

07:00 am - 08:00 am

All-Weather Training Facility

Building# 281, Boulevard De France

Marine Corps Recruit Depot

Parris Island, South Carolina 29905

NET AMT

FFP

Ordained Catholic Priest to perform Special Mass. Mass will be held at the following time and location:

Time: To be determined

The Recruit Chapel

Building# 6002, Boulevard De France

Marine Corps Recruit Depot

Parris Island, SC 29905

NET AMT

FFP

Ordained Catholic Priest to perform Sunday Mass. Mass will be held at the following time and location:

09:30 am - 10:30 am

Depot Chapel

Bldg# 161 Panama Street

Marine Corps Recruit Depot

Parris Island, South Carolina 29905

NET AMT

FFP

Ordained Catholic Priest to perform Special Mass. Mass will be held at the following time and location:

Time: To be determined

Depot Chapel

Bldg# 161 Panama Street

Marine Corps Recruit Depot

Parris Island, South Carolina 29905

NET AMT

FFP

Ordained Catholic Priest to perform Religious Education. Session will be held at the following time and location:

08:10 am - 09:00 am

All-Weather Training Facility

Building# 281, Boulevard De France

Marine Corps Recruit Depot

Parris Island, South Carolina 29905

NET AMT

FFP

Ordained Catholic Priest to perform Sunday Mass. Mass will be held at the following time and location:

07:00 am - 08:00 am

All-Weather Training Facility

Building# 281, Boulevard De France

Marine Corps Recruit Depot

Parris Island, South Carolina 29905

NET AMT

FFP

Ordained Catholic Priest to perform Special Mass. Mass will be held at the following time and location:

Time: To be determined

The Recruit Chapel

Building# 6002, Boulevard De France

Marine Corps Recruit Depot

Parris Island, SC 29905

NET AMT

FFP

Ordained Catholic Priest to perform Sunday Mass. Mass will be held at the following time and location:

09:30 am - 10:30 am

Depot Chapel

Bldg# 161 Panama Street

Marine Corps Recruit Depot

Parris Island, South Carolina 29905

NET AMT

FFP

Ordained Catholic Priest to perform Special Mass. Mass will be held at the following time and location:

Time: To be determined

Depot Chapel

Bldg# 161 Panama Street

Marine Corps Recruit Depot

Parris Island, South Carolina 29905

NET AMT

FFP

Ordained Catholic Priest to perform Religious Education. Session will be held at the following time and location:

08:10 am - 09:00 am

All-Weather Training Facility

Building# 281, Boulevard De France

Marine Corps Recruit Depot

Parris Island, South Carolina 29905

NET AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Performance Work Statement

This procurement is being conducted under the provision of Federal Acquisitions Regulation (FAR) 13.5 Simplified Acquisitions procedures and FAR Part 12 Commercial Items. The government intends to award a Fixed Price contract for the services. The government reserves the authority to award one contract for all services or award multiple awards for each service identified by CLIN. The specifications and guidelines for contract requirements are outlined below.

1. Introduction: Marine Corps Recruit Depot Parris Island is procuring Religious Ministry Services for Sunday Catholic Masses, Sunday Religious Education and weekday recurring Special Seasonal services for both Recruits and Permanent party held on Sunday mornings at the following locations: Recruit All-Weather Training Facility, Building# 281 Boulevard De France, Marine Corps Recruit Depot Parris Island, South Carolina 29905; Depot Chapel, Building# 161 Panama Street, Marine Corps Recruit Depot, Parris Island, South Carolina 29905 and the Recruit Chapel, Building# 6002 Boulevard De France, Marine Corps Recruit Depot Parris Island, SC 29905.

Under the supervision of the Assistant Chief of Staff Religious Ministries, the contractor shall serve as sole provider of priest services when an active duty Catholic chaplain is not available and as alternate when an active duty Catholic chaplain is available. Contractor will conduct required functions in direct support of the recruit training schedule and liaise directly with both the Assistant Chief of Staff, Religious Ministries and the Chaplain, Recruit Training Regiment.

2. Background: The mission of the Command Religious Program with regard to Catholic worship for recruits is to provide religious freedom and expression to Catholic recruits and all recruits who wish to attend the worship service. The worship service additionally serves as an adjunct in the moral and spiritual training of recruits within the larger training matrix of becoming basic Marines. Due to shortages of Catholic chaplains, contracted services are required to supplement priestly services and may eventually be necessary to provide extended interim services as a sole provider when Catholic chaplains are unavailable.

3. Scope of Work: The contractor shall execute both Catholic worship service and Religious Educational service for Recruits and Catholic Mass for Permanent Party for 52 Sundays per year with the optional inclusion, to be determined by the Assistant Chief of Staff for Religious ministries, of up to 5 additional seasonal services for occasions including but not limited to Ash Wednesday, Holy Thursday, Good Friday, and Christmas and memorials.

4. Application Directives/Definitions:

4.1. Application Directives:

4.1.1. Non-personal Service Statement: The contractor serving under this statement shall be controlled, directed and supervised by the Assistant Chief of Staff, Religious Ministries and derivatively the Chaplain, Recruit Training Regiment and active duty Catholic Chaplain when assigned. The contractor shall not act independently of and without the supervision of the government officials stated above. Actions of the contractor will/shall not be interpreted or implemented in any manner that results in the contractor creating or modifying Federal policy, obligating appropriated funds of the U.S. Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee or otherwise violating the prohibition set forth in Sub Parts 7.5 and 371.1 of the Federal Acquisition Regulation (FAR).

Confidentiality: Contractor shall safeguard personal client information in accordance with the Privacy Act of 1974. Disclosure of personal information not specifically authorized by the client via a signed release of information shall be made only after written approval of the Staff Judge Advocate. Improper disclosure of sensitive or private information in violation of the DON Privacy Act Program (SECNAVINST 5211.5D) may subject the contractor to criminal liability.

4.2. Definitions

4.2.1. Assistant Chief of Staff, Religious Ministries (AC/S REL MIN) - The Senior Chaplain aboard Marine Corps Recruit Depot, Parris Island serving as the Commanding General’s special staff officer for directing all Depot Religious Ministries.

4.2.2. Chaplain for Recruit Training Regiment (RTR) – The Senior Chaplain responsible to Commanding Officer, Recruit Training Regiment for scheduling and supervising of Recruit religious services for recruits.

4.2.3. Clergy - Priests, Rabbis, Imams (MCRP 6-12A)

4.2.4. Recruits – Military members in entry level training for a period of no less than 12 weeks aboard Marine Corps Recruit Depot Parris Island (MCRD/PI).

4.2.5. Professional Naval Chaplaincy (PNC) – (SECNAV 5351.1)

The Department of the Navy policy statement governing the provision of ministry and the qualification, and conduct of providers within the Sea Services.

4.2.6. Command Religious Program (CRP) – The religious program conducted under authority of the unit commander and supervised on his behalf by the command chaplain and religious ministry teams of the unit. (MCO 1730.6D)

4.2.7. Religious Organization (RO) – The religious body that governs the activities of a ministry provider within the military. Hereafter to mean the Archdiocese for Military Service or any other element of the Catholic Church, in accordance with Catholic polity.

4.2.8. Petty Officer for Contracting (PO-C) – The Navy Religious Programs Specialist or Marine Chaplain’s Assistant responsible for liaison with the MCRD/PI contracting office as well as the contractor with matters relating to service and submission of time cards, and other duties as prescribed by RTR with concurrence of AC/S RELMIN.

4.2.9. Religious Program Specialist (RP) – A military member assigned to assist chaplains and religious ministry professionals and religious ministry volunteers in the provision and facilitation of religious services.

5. Performance Requirements

5.1. General: Contractor has responsibility for provision and assistance in providing Catholic Mass and Religious Education for the Recruits and Catholic Mass for Permanent Party at the All-Weather Training Facility and the Depot Chapel onboard Marine Corps Recruit Depot, Parris Island for 52 weeks a year during Sunday worship hours authorized by the Commanding Officer, Depot and Recruit Training Regiment, from 7:00, 8:10 and 9:30 AM each Sunday, as well as 5 optional services, to be determined, but not limited to holy days within the Catholic faith in accordance with SECNAV 5351.1.

5.2. Qualifications:

5.2.1. General: Contractor must meet or exceed the requirements described in OPNAVINST 1120.9, http://doni.daps.dla.mil/Directives/01000%20Military%20Personnel%20Support/01-100%20General%20Recruiting%20Records/1120.9.pdf as listed below under basic qualifications. Contractor must be able to meet the recruits presenting a clean, well-groomed appearance. Contractor must demonstrate competency or ability to learn and retain specialized knowledge of pastoral issues and spiritual dynamics affecting recruits.

5.2.2. Basic Qualifications: The contractor must meet the following requirements:

5.2.2.1. Citizenship: The contractor must be a citizen of the United States or possess the necessary documentation required as a citizen of another country to work in the United States.

5.2.2.2. Moral Character: The contractor must be of good moral character and be held in good standing by the appropriate RO for the contractor and demonstrate such in the determination of the government during the interview process.

5.2.2.3. Physical Appearance: The contractor must meet the physical requirements and appearance for performance of duties as stated in subparagraph 5.2.1

5.2.2.4. Moral Assent: The contractor has affirmed that, he shall abide by applicable laws, and all applicable regulations, directives and instructions of the Department of Defense (DOD) and Department of the Navy (DON). This includes willingness to perform in a pluralistic and ecumenical setting and to support, both directly indirectly, the free exercise of religion by all members of the military service and their family members. The contractor also affirm that he will work in cooperation and collegially with all chaplains, service members, civilians, and religious ministry volunteers in the provision of services and will not engage in any conduct that would undermine the work of other persons of faith or faith groups, nor will he seek to proselytize anyone of another faith than his own.

5.2.2.5. Ecclesiastical Endorsement: Contractor must retain at all times proper endorsement from his Religious Organization (RO) as specified in DODI 1304.28, Enclosure 5 (http://www.dtic.mil/whs/directives/corres/pdf/130428p.pdf )and approved by a Religious Ministry Professional authorized by the RO. The contractor must be in good standing with the RO, as well as possess all the necessary faculties and incardination as determined by the RO. A provisional period of no more than 180 days will be acceptable in the interim granting of provisional faculties and/or incardination leading towards full granting of such by the RO. Contractor must possess a statement in writing of the provisional granting of necessary faculties, incardination, and endorsement by RO to begin work.

5.2.2.6. Education: The educationally qualified contractor possesses a baccalaureate degree with not less than 120 semester hours (180 quarter hours) from a qualifying educational institution. The educationally qualified contractor possesses a post-baccalaureate graduate degree in the field of theological or related studies from a qualifying educational institution. A qualifying graduate degree program shall require no fewer than 72 semester hours (108 quarter hours) of graduate-level work. Related studies may include graduate courses in pastoral counseling, social work, religious administration, and similar disciplines when one half of the earned graduate credits include topics in general religion, world religions, the practice of religion, theology, religious philosophy, religious ethics and/or the foundational writings from the applicant’s religious tradition.

5.2.2.7. Background check: Prospective awardees will be required to submit to a background check, and award will be contingent upon a clean background check.

5.2.2.8. Contractor will be required to apply on line with the Archdiocese for the Military Services and receive endorsement and faculties. . http://www.milarch.org/site/c.dwJXKgOUJiIaG/b.6586255/k.638D/Application_for_EndorsementFaculties_Archdiocese_for_the_Military_Services.htm

5.2.2.9. Contractor training: Contractor will be required to complete training in the Parris Island Non-Drill Instructor Handlers Course, the Ministry Aboard Parris Island Course, and any other training prescribed by the AC/S RELMIN. Training will be both initial and periodic in accordance with requirements.

5.2.2.10. Provisional period: Awardee will have a provisional period of 60 days to complete initial local training requirements, and 180 days to complete permanent RO requirements or face termination.

5.2.2.11. Auditions and Interviews: All events will take place in the Religious Ministries Center, Bldg# 854. Time and dates will be forwarded to the offeror. The contractor is also required to provide a curriculum vitae which describes past experiences that qualifies him/her for the contract and evidence of Archdiocese of Military Services (AMS) approval to conduct services onboard MCRD Parris Island. In addition, please be available to attend the first Sunday Catholic service thereafter.

5.2.3. Basic Experience: Contractor shall possess a minimum of two years’ experience in provision of worship as a Catholic priest. Experience with young adult populations and the military will enhance the effectiveness of the provider.

5.2.4. Tasks/Duties and Standards

5.2.4.1. General: Contractor has responsibility for provision and assistance in the delivery of Catholic Mass and Religious Education for the Recruits and Catholic Mass for Permanent Party at the All-Weather Training Facility and the Depot Chapel onboard Marine Corps Recruit Depot, Parris Island for 52 weeks a year during Sunday worship hours authorized by the Commanding Officer, Depot and Recruit Training Regiment, from 7:00, 8:10 and 9:30 AM each Sunday, as well as 5 optional, to be determined by the AC/S REL MIN and RTR Chaplain for special requirements such as but not limited to holy days within the Catholic faith, in accordance with SECNAV 5351.1. http://doni.daps.dla.mil/Directives/05000%20General%20Management%20Security%20and%20Safety%20Services/05-300%20Manpower%20Personnel%20Support/5351.1.pdf

5.2.4.1.1. Standards:

5.2.4.1.1.1. Contractor has the responsibility to coordinate all activities with the Assistant Chief of Staff, Religious Ministries and the RTR Chaplain prior to execution.

5.2.4.1.1.2. Contractor will be in regular weekly communication with the Assistant Chief of Staff, Religious Ministries and the RTR Chaplin.

5.2.4.1.1.3. Contractor will use all appropriate processes and procedures for procurement of necessary supplies for worship, as well as submission of time cards to PO-C.

5.2.4.1.1.4. Contractor will keep all ecclesiastical documentation current and in accordance with RO standards that are necessary for the same. Contractor may request, but is not guaranteed administrative support from an RP. Upon completion and/or termination of the contract, the Contractor shall provide all records, inventories and other turnover items to the Religious Ministries Center’s Contracting Officer Representative (COR).

5.2.4.1.1.5. Contractor will be responsible for finding appropriate coverage for his duties in the event of any absence. Also, absence must be communicated in advance to the Assistant Chief of Staff, Religious Ministries and the RTR Chaplain.

5.2.4.1.1.6. Contractor will provide mass during established worship service hours but is expected to be on site not less than 45 minutes prior to services and 30 minutes afterwards for participation in preparation and take down.

5.2.4.1.1.7. Contractor shall provide a consolidated verification of services performed, initialed by the cognizant Staff Chaplain on a monthly basis, to the COR, Religious Ministries Center, for payment approval.

5.2.4.1.1.8. Contractor shall submit all invoices into the Wide Area Workflow website (https://wawf.eb.mil) for payment no later than the 7th day of each month.

6. Government Furnished facilities and Equipment

6.1. Government Furnished Facilities: The Government will provide the space for worship, at this time to be the All-Weather Training Facility and Depot Chapel.

6.2. Government Furnished Equipment: A lectern, podium or like entity, candles, religious utensils for communion, host, wine , liturgical vestments for the facility as applicable, audio visual equipment, Catholic missals and hymnals, and the government may optionally provide liturgical vestments for Contractor to use only in performance duties associated with the contract and will be considered permanent property of the government.

7. Contractor Furnished Materials and Equipment

7.1. Transportation: Contractor will provide all transportation to, from, and in performance of his duties in their own privately owned vehicle and is not reimbursable by the government.

7.2. Access to MRCD/PI: Personnel entering MCRD shall possess a valid driver’s license, vehicle registration and proof of current automobile insurance. Contractor shall be required to obtain all the decals, passes, identification cards and or badges as required by the installation’s local procedures. Such items are furnished by the Government and shall be returned, or retrieved upon the end of a contractor’s work under this contract.

7.3. Contractor shall furnish all of his own necessary personal ecclesial vestments, Bibles, worship preparation materials, and other specialized equipment, except required consumables to be distributed to recruits

8. Ownership of Programs and Materials: All programs, databases, and materials (and all copies of the aforementioned items) developed by the Contractor in performance of this contract are the exclusive properties of the government and must be turned over to the government upon conclusion of termination of this contract.

POC:

CAPT J.M. Hightower, CHC, USN

AC/S Religious Ministries

MCRD/ERR Parris Island, SC

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

14-MAY-2014

RP ROXANNE RALEY

RELIGIOUS MINISTRIES CENTER

BLDG 854 MCRD/ERR

PO BOX 19601

PARRIS ISLAND SC 29905

843-228-3250

M00263

14-MAY-2014

M00263

14-MAY-2014

M00263

14-MAY-2014

M00263

14-MAY-2014

M00263

14-MAY-2015

M00263

14-MAY-2015

M00263

14-MAY-2015

M00263

14-MAY-2015

M00263

14-MAY-2015

M00263

14-MAY-2016

M00263

14-MAY-2016

M00263

14-MAY-2016

M00263

14-MAY-2016

M00263

14-MAY-2016

M00263

14-MAY-2017

M00263

14-MAY-2017

M00263

14-MAY-2017

M00263

14-MAY-2017

M00263

14-MAY-2017

M00263

14-MAY-2018

M00263

14-MAY-2018

M00263

14-MAY-2018

M00263

14-MAY-2018

M00263

14-MAY-2018

M00263

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JUN 2012)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through

WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and

“Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF

Data to be entered in WAWF

Pay Official DoDAAC

Issue By DoDAAC

Admin DoDAAC

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (FEB 2012)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

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

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

(d) Disputes. This contract is subject to 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 or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, 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 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 provided 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 contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the

Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2013)

(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)).

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