SQ-QSDACCA-Z5-08-6140batteries NiMH.doc

DOC document 3 MB Posted Jan 25, 2008

Attached to: NiMH Rechargeable batteries
Solicitation number: QSDACCA-Z5-08-6140-SQ
Issued by: GSA Federal Acquisition Service

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REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER)

THIS RFQ (IS (IS NOT A SMALL BUSINESS-SMALL PURCHASE SET-ASIDE (52.219-6)

PAGE OF PAGES

1 | 29

1. REQUEST NO.

2. DATE ISSUED

3. REQUISITION/PURCHASE REQUEST NO.

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2 (

RATING

QSDACCA-Z5-08-6140-SQ

1/25/08

See Below

AND/OR DMS REG. 1

5A. ISSUED BY

6. DELIVER BY (Date)

GSA, FAS, Southwest Supply Center Fire and Industrial Acquisition Branch (QSDACCA-Z5) 819 Taylor Street, Room 6A00 Fort Worth, TX 76102-6114

DELIVERY – 20 DAYS ARO OR SOONER

5B. FOR INFORMATION CALL: (NO COLLECT CALLS)

7. DELIVERY

NAME

TELEPHONE NUMBER

(FOB DESTINATION ( OTHER

(See Schedule)

BEVERLY ANDERSON

AREA CODE

NUMBER

574-2531 - VOICE

574-2615 - FAX

9. DESTINATION

To be shown on each order issued against this Standing Quote Agreement.

a. NAME

b. COMPANY

b. STREET ADDRESS

c. STREET ADDRESS

c. CITY

d. CITY

e. STATE

f. ZIP

d. STATE

e. ZIP

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS (Date)

February 8, 2008 4:30 pm local time IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

A. This is a Standing Quote for purchases for the one-year period from date of award thru January 31, 2008.

B. The requirements listed are estimates only and no guarantee is given as to the dollar amount to be purchased.

C. Award will be made in the aggregate by NSN (both locations). Award will be based on lowest price technically acceptable.

D. Inspection will be at Destination.

E. The Item Purchase Descriptions and Schedule of Items are shown on page 3-10 F. Specifications may be found at http://assist.daps.dla.mil/quicksearch.

G. Required Clauses, applicable to all items in this Request for Quotation, is shown on pages 11 thru 29.

H. This is only a request for pricing. Delivery orders will be issued pursuant to the evaluation of the quotations received. DO NOT SHIP.

I. If responding to this Request for Quotation, complete and return the entire package. If you wish to “No Quote,” please indicate and return page 1 only.

12. DISCOUNT FOR PROMPT PAYMENT (

a. 10 CALENDAR DAYS

b. 20 CALENDAR DAYS

c. 30 CALENDAR DAYS

d. CALENDAR DAYS

NUMBER

PERCENTAGE

NOTE: Additional provisions and representations ( are ( are not attached.

13. NAME AND ADDRESS OF QUOTER

14. SIGNATURE OF PERSON AUTHORIZED TO

15. DATE OF QUOTATION

a. NAME OF QUOTER

SIGN QUOTATION

b. STREET ADDRESS

16. SIGNER

a. NAME (Type or Print)

b. TELEPHONE

c. COUNTY

AREA CODE

d. CITY

e. STATE

f. ZIP

c. TITLE (Type or Print)

NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 18 Re. 6-95)

J. COMMITMENT LETTERS.

(a) Commitment Letter. If the offeror is not the manufacturing production and/or inspection point, please provide a letter of commitment from each manufacturing production and inspection point. The commitment letters must be a typed original on the supplier's letterhead, dated, and contain the following information:

1) Reference Solicitation number QSDACCA-Z5-08-6140-SQ

2) Identify which NSN and their corresponding brand name and part number that is being supplied.

3) The commitment letter must be signed by an officer of the company who is authorized to commit their company in this matter;

4) A statement of conformance to specification, standard or item purchase description;

5) Verification that all packaging, marking and palletization requirements will be met;

6) A statement of how long the commitment is valid;

7) A statement that the supplier will provide you the entire quantity and can meet the estimated peak monthly requirement within the delivery time required of 30 days ARO;

8) A statement as to the country of origin of the item;

9) The commitment letter must include an original signature on the supplier’s letterhead, title of the signee, a direct telephone number and e-mail address

K. IMPORTANT CHANGES – PLEASE READ CAREFULLY

NOTE: RFQ may be faxed to 817-574-2615 or emailed to beverly.anderson@gsa.gov. Preferable method is email.

NOTE: Please read the Charge for Marking and Charges for Packaging and Packing Clauses on page 17 of the RFQ as the marking charges have changed.

NOTE: Please read the Inspection at Destination on page 19 as the rates have changed

IPD dated 3/8/07

NSN: 6140-01-413-3923

BATTERY, STORAGE: C-size rechargeable NiMH battery shall have the following characteristics:

Chemical system – Nickel-Metal Hydride (NiMH)

Battery voltage – 1.2 volts

Minimum average capacity – 2200 mAh (to 1.0 volts)

Battery dimensions are depicted in the figure below.

Unit of Issue - PG (Package of two batteries)

PRODUCT CONFORMANCE: The products provided shall meet the salient characteristics of this Item Purchase Description, conform to the producer's own drawings, specifications, standards, and quality assurance practices, and be the same product offered for sale in the commercial market. The Government reserves the right to require proof of such conformance.

MARKING: Shipments to GSA and other civilian agencies shall be marked in accordance with FED-STD-123. Shipments to the Department of Defense (DOD) shall be marked in accordance with MIL-STD-129.

PREPARATION FOR DELIVERY: The item(s) shall be packaged and packed in accordance with the latest revision of ASTM D 3951, Standard Practice for Commercial Packaging. Copies of ASTM standards are available from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. Phone: 610-832-9585, Fax: 610-832-9555, Web site: www.astm.org, e-mail: service@astm.org.

Palletization: The shipping (transport) containers shall be palletized. The pallets shall be 48-inch length x 40-inch width, general purpose, four-way entry, flush stringer, and double-face non-reversible pallets. The palletized load shall not exceed 2500 pounds in weight for shipments to the Eastern Distribution Center (Burlington). The palletized load shall not exceed 2000 pounds in weight for shipments to the Western Distribution Center (French Camp and Stockton Locations). The palletized load shall not overhang the pallet deck board edge by more than 1 inch and shall not exceed 53 inches in overall height (including pallet). Less than half pallet loads or loads shipped by small package carrier in acceptable transport packing need not be palletized.

Stacking: A load-stacking test shall be performed once, at the beginning of the contract, for each different unitized or palletized load configuration. A fully palletized load shall be tested utilizing a total stack of three palletized loads, with all the proper bracing and/or reinforcement necessary to perform the test. There shall be no evidence of damage to the pallets, shipping containers or products when stack is tested on the rigid surface for a minimum of 24 hours, in compliance with all the National and Local Safety Regulations. The pre-tested palletized load configuration shall be duplicated using the same packaging materials, pattern, number of shipping (transport) containers, and procedures consistent throughout the duration of the contract. Palletized loads shall be stable and safe when handled with mechanical equipment by qualified personnel.

Materials: All lumber used inside or outside a shipment shall be bark free. No used wood pallets with repaired components or stringers will be acceptable. All wood pallet stringers shall be manufactured from hardwoods. Pallets manufactured of materials other than wood, shall conform to all the requirements specified herein.

Unitization: For the purpose of this requirement, the assembled group of containers or items in a single load that can be handled as a unit throughout the distribution system. Unitization encompasses, but is not limited to, consolidation in a container, placement on a pallet or load base having forklift capability, or securely binding together. Shipments should be considered for unitization where appropriate or specified.

Unitization of pallet load: The palletized load shall be unitized and secured to the pallet to insure that the load arrives intact without product damage. The containers or items shall be placed in a suitable pattern to form a stable and balanced load. Vertical, horizontal or filler reinforcement shall be added as necessary to meet the stacking strength requirements. A palletized load shall be secured to the pallet by shrink or stretch wrapping, and/or, by steel or nonmetallic strapping. When steel or nonmetallic strapping is used, edge protectors shall be provided to prevent damage to the cartons when tensioning the strapping. As a minimum, two straps shall run lengthwise, two straps shall run widthwise, and two straps shall run around the girth of the palletized load. A palletized load shall be capable of protecting the products against damage in a multiple handling, transportation, and storage environment having distribution warehouses with rack systems that support the load/s overhead of warehouse personnel.

Notice of special requirements for shipment to all countries that have endorsed the IPPC Guidelines for treatment of non-manufactured wood packaging: The International Plant Protection Convention (IPPC) has approved and published on March 15, 2002, “Guidelines for Regulating Wood Packaging Material in International Trade.” Countries endorsing the IPPC Guidelines are found at http://www.aphis.usda.gov/ppq/swp/. Clause D-FSS-468 requires non-manufactured wood pallets and other non-manufactured wood packaging material used in shipments destined to IPPC compliant countries require the appropriate wood treatment. Additionally, shipments delivered to DOD distribution facilities or freight consolidation points for eventual delivery to or through EU/IPPC countries shall comply with applicable DLA Regulations and Procurement Letter PROCLTR 02-17.

NSN 6140-01-413-3923, Battery, Rechargeable, C Size

Unit of Issue: PG of 2

Brand Name/Part No.__________________________________

Country of Origin_____________________________________

Delivery Days After Receipt of Order (DARO)______________ Item

No.

FOB Destination

Est

Orders Est Peak

Monthly Req Estimated

1yr Qty Unit of

Issue Unit

Price

BURLINGTON, NJ (N3)

444

1,488

$____________

FRENCH CAMP, CA (S3)

174

324

$____________

IPD dated 3/8/07

NSN: 6140-01-413-3925

BATTERY, STORAGE: D-size rechargeable NiMH battery shall have the following characteristics:

Chemical system – Nickel-Metal Hydride (NiMH)

Battery voltage – 1.2 volts

Minimum average capacity – 2200 mAh (to 1.0 volts)

Battery dimensions are depicted in the figure below.

Unit of Issue - PG (Package of two batteries)

MARKING: Shipments to GSA and other civilian agencies shall be marked in accordance with FED-STD-123. Shipments to the Department of Defense (DOD) shall be marked in accordance with MIL-STD-129.

NSN 6140-01-413-3925, Battery, rechargeable, Size D

Unit of Issue: PG of 2

Brand Name/Part No._________________________________

Country of Origin____________________________________

Item

No.

FOB Destination

Est

Orders Est Peak

Monthly Req Estimated

1yr Qty Unit of

Issue Unit

BURLINGTON, NJ (N3)

486

1,738

$____________

FRENCH CAMP, CA (S3)

378

610

$____________

NSN: 6140-01-413-3926

BATTERY, STORAGE: AA-size rechargeable NiMH battery shall have the following characteristics:

Chemical system – Nickel-Metal Hydride (NiMH)

Battery voltage – 1.2 volts

Minimum average capacity – 1800 mAh (to 1.0 volts)

Battery dimensions are depicted in the figure below.

Unit of Issue - PG (Package of four batteries)

MARKING: Shipments to GSA and other civilian agencies shall be marked in accordance with FED-STD-123. Shipments to the Department of Defense (DOD) shall be marked in accordance with MIL-STD-129.

NSN 6140-01-413-3926, Battery, rechargeable, Size AA

Unit of Issue: PG of 4

Item

No.

FOB Destination

Est

Orders Est Peak

Monthly Req Estimated

1yr Qty Unit of

Issue Unit

BURLINGTON, NJ (N3)

1,260

7,130

$____________

FRENCH CAMP, CA (S3)

610

2,940

$____________

NSN: 6140-01-413-3928

BATTERY, STORAGE: AAA-size rechargeable NiMH battery shall have the following characteristics:

Chemical system – Nickel-Metal Hydride (NiMH)

Battery voltage – 1.2 volts

Minimum average capacity – 700 mAh (to 1.0 volts)

Battery dimensions are depicted in the figure below.

Unit of Issue - PG (Package of four batteries)

MARKING: Shipments to GSA and other civilian agencies shall be marked in accordance with FED-STD-123. Shipments to the Department of Defense (DOD) shall be marked in accordance with MIL-STD-129.

NSN 6140-01-413-3928, Battery, rechargeable, Size AAA

Unit of Issue: PG of 4

Item

No.

FOB Destination

Est

Orders Est Peak

Monthly Req Estimated

1yr Qty Unit of

Issue Unit

BURLINGTON, NJ (N3)

980

3,280

$____________

FRENCH CAMP, CA (S3)

570

1,180

$____________

9/28/99 Standing Quote (Revised 09/03/03)

REQUEST FOR QUOTATION # QSDACCA-Z5-08-6140-SQ DATED January 25, 2008

**COMPLETED PAGES 1-30 MUST BE RETURNED WITH YOUR OFFER (SF18)***

EMAIL ADDRESS: _____________________________________________________________

TAXPAYER IDENTIFICATION NUMBER (TIN): ______________________________________

DATA UNIVERSAL NUMBERING SYSTEM (DUNS): __________________________________

CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (FEB 2007) 12.301(b)(3) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract 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.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233‑1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

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

(3) 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.

Electronic funds transfer (EFT) banking information.

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

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.

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.

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.

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.

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

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.

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 immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

(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:

Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

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).

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.

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.

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 the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—CENTRAL CONTRACTOR REGISTRATION (OCT 2003) 32.1110(a)(1) (a) Method of payment.

All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer.

In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either—

Accept payment by check or some other mutually agreeable method of payment; or

Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause).

(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment. If the Contractor's EFT information in the CCR database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the CCR database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(e) Liability for uncompleted or erroneous transfers.

If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for—

Making a correct payment;

Paying any prompt payment penalty due; and

Recovering any erroneously directed funds.

If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and—

If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in the CCR database and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the CCR database.

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:

52.204-4 PRINTING OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (Applicable)

52.214-34

SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE

52.214-35

SUBMISSION OF OFFERS IN U.S. CURRENCY

52.222-3 CONVICT LABOR (Applicable above $2500)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (Applicable when 52.222-26 applies)

52.222-26 EQUAL OPPORTUNITY (Applicable)

52.222-35

AFFIRMATIVE ACTION FOR SPECIAL DISABLES AND VIETNAM ERA

VETERANS (Applicable at $10,000 and above)

52.222-36

AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES

(Applicable above $10,000)

52.222-37

EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND

VETERANS OF THE VIETNAM ERA (Applicable when 52.222-35 applies)

52.225-1

BUY AMERICAN ACT—BALANCE OF PAYMENTS PROGRAM--SUPPLIES

(Was 52.225-3 and 52.225-7) (Applicable when greater than $2,500 but not exceeding $25,000)

52.225-3

BUY AMERICAN ACT—NORTH AMERICAN FREE TRADE AGREEMENT

--ISRAELI TRADE ACT—BALANCE OF PAYMENTS PROGRAM

(Was 52.225-21) (Applicable when value is between $25,000 and less than

$169,000)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (Was 52.225-11) (Applicable above $2500)

52.225-15 SANCTIONED EUROPEAN UNION COUNTRY END PRODUCTS (Was 52.225-

18)

52.233-3 PROTEST AFTER AWARD (Applicable)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (Applicable)

552.211-77

PACKING LIST

552.211-82

NOTICE OF SHIPMENT

552.252-6

AUTHORIZED DEVIATIONS OR VARIATIONS IN CLAUSES (DEVIATION FAR

52.252-6) (Applicable)

Your standing quote may/can contain a notice advising the offerors that the IBR clauses are now accessible on-line . The address for the FAR is http://www.arnet.gov.far and the address for GSAM is http://www.arnet.gov/GSAM/gsam.html

PACKAGING AND MARKING

552.211-73

MARKING (FEB 1996)

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.

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.

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,…

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File details come from the government source that posted it. Updated Nov 14, 2017.