RFQ QSDLAA-Y6-09-0914-SQ.doc

DOC document 504 KB Posted Dec 21, 2009

Attached to: China Mugs
Solicitation number: QSDLAA-Y6-09-0914-SQ
Issued by: GSA Federal Acquisition Service

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RFQ# QSDLAA-Y6-09-0914-SQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ FORMCHECKBOX

IS FORMCHECKBOX

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

PAGE OF PAGES

1 | 33

1. REQUEST NO.

2. DATE ISSUED

3. REQUISITION/PURCHASE REQUEST NO.

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2 (

RATING

QSDLAA-Y6-09-0914-SQ

12/14/2009

See Below

AND/OR DMS REG. 1

5A. ISSUED BY

6. DELIVER BY (Date)

GSA, FAS, Southwest Supply Center, Supply Acquisition Division (QSDLAA-Y6)

819 Taylor Street, Room 6A00

Fort Worth, TX 76102-6105 30 Days ARO

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

7. DELIVERY

NAME

TELEPHONE NUMBER

FORMCHECKBOX

FOB DESTINATION FORMCHECKBOX

OTHER

(See Schedule)

KARA YOSTEN, CONTRACT SPECIALIST kara.yosten@gsa.gov

AREA CODE

NUMBER

574-4243

574-2615 (FAX)

DESTINATION

To be shown on each order issued.

8. TO:

a. NAME OF CONSIGNEE

(See Schedule)

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)

December 17, 2009 @ 3:00 PM CT 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)

A. This is a Request For Quote (RFQ) for a Standing Price Quotation for purchases which will begin on the date of award for a period of five years not to exceed $100,000.00.

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

C. Award will be made by group for the lowest price, technically acceptable offer. A group consists one NSN and two locations. There are two groups.

D. Inspection will be at Destination.

E. Schedule of Items and Item Purchase Description are shown on pages 3 through 12.

D. Delivery, state the best delivery time you can offer _____________. Your best delivery time is your delivery schedule for this Standing Quotation.

G. This is only a request for pricing. Delivery orders will be issued against the awarded Standing Quotation Agreement. DO NOT SHIP.

H. 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 FORMCHECKBOX are FORMCHECKBOX 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

PHONE

d. CITY

e. STATE

f. ZIP

c. TITLE (Type or Print)

FAX

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 18 (Re. 6-95)

Instructions to Offerors Use the Schedule of Items on page 12 to submit your quoted prices. Provide the unit prices per the unit of issue shown.

A. FAR 52.212-1 is incorporated by reference. The provision is tailored to refer to the SF18 in lieu of the SF1449. Paragraph (h) “Multiple Awards” is replaced with a “Single Award agreement” to be issued as a result of the RFQ (all destinations).

B. FOB is DESTINATION.

C. The Item Purchase Description (IPD) for National Stock Number (NSN) 7350-01-256-1089 Drinking Cup is located on pages 3 through 7. The Item Purchase Description (IPD) for National Stock Number (NSN) 7350-01-280-8734 Drinking Cup is located on pages 7 through 11.

D. Required Clauses, applicable to orders issued under this agreement, are shown on pages 12 through 40.

E. The North American Industry Classification System (NAICS) code for this acquisition is *327112*. The small business size standard is *500* employees. The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees or less.

F. Delivery is required within 30 days after receipt of order (ARO).

G. Specifications may be found at http://assist.daps.dla.mil/quicksearch.

H. 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. If you are the manufacturer submitting the offeror directly to GSA, you must also provide this commitment letter. The commitment letters must be a typed original on the supplier's letterhead, dated, and have as a minimum, the following:

1) Reference Solicitation number QSDLAA-Y6-09-0914-SQ.

2) Identify the 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 Item Purchase Description including all packaging, marking and palletization requirements.

5) A statement of how long commitment is valid.

6) A statement that the supplier will provide you the entire quantity for an estimated one year period and can meet the estimated peak monthly requirement within the delivery time required of 30 days ARO.

7) A statement as to the country of origin of the item.

When responding to this RFQ, complete and return the entire package with signature to the following address by closing date and time:

GSA Global Supply

MWR and Security Acquisition Division

Attn: Kara Yosten (QSDLAA-Y6)

819 Taylor St., Rm#6A00 Fort Worth, TX 76102

Or you may submit your offer package as an attachment to your RFQ response as an email.

**Failure to provide any of the requested information or documents may cause your offer to not be considered for award.** J.

EVALUATION FACTORS: The Government will be awarding a Standing Quotation Agreement to the responsible offeror whose offer conforms to the solicitation is the lowest priced, technically acceptable offer. To be technically acceptable, the item must meet or exceed the Item Purchase Description.

(1) Lowest Evaluated Price: Pricing will be evaluated based on the item’s total price submitted in the block titled “Total Price” in the schedule of items on page 12.

(2) Technical Acceptability: Technical acceptability is defined by the offered item(s) meeting or exceeding the Government’s requirements listed in the Item Purchase Descriptions found on pages 3 through 11. Please provide technical documentation that the product is in accordance with the IPD.

**Failure to provide any of the requested information or documents may cause your offer to not be considered for award.** K.

METHOD OF AWARD – Award will be made to the lowest priced, technically acceptable offeror in the aggregate by group. The low aggregate offeror will be determined by multiplying the unit price submitted on each item by the estimated quantity specified, and adding the resultant extensions. In order to qualify for an award, prices must be submitted on each item within the group. An item consists of one NSN, two locations. There are two items in a single group. There are two groups.

Request for Quotation # QSDLAA-Y6-09-0914-SQ Date: 12/14/2009 A. Taxpayer Identification Number (TIN): _____________________

B. Data Universal Numbering System (DUNS): ______________________

C. Point of Contact: ______________________

Phone Number: _______________________

Fax: __________________________

E-Mail Address: _______________________

D. Supplier Name*: ___________________________

Point of Contact*: __________________________

Supplier DUNS*: ___________________________

Supplier TIN*: _____________________________

(*Please complete the Supplier’s name, TIN and DUNS number for each NSN if different.) (Note: “Supplier” refers to the company providing you the product, if you are not the manufacturer.)

ITEM PURCHASE DESCRIPTION

GROUP 1:

NSN: 7350-01-256-1089

Dated: 11/16/2009 CUP, DRINKING: Shall have the following characteristics:

Unit of Issue – BX (box of 36 cups)

Color sample required.

Design and construction. The base materials shall consist of clay, feldspar, flint, nepheline syenite, and metallic oxide of a quality customarily used for the manufacture of commercial china. The dinnerware shall be a non‑porous, fully‑vitrified china. The dinnerware shall have a maximum water absorption of 0.4 percent when tested in accordance with ASTM C 373 (except the test specimens shall be glazed ware). The dinnerware shall conform to the design and dimensional requirements shown on the drawing below. Each piece of dinnerware shall sit securely on a flat surface without rocking.

Dimensional variances. The out of roundness of the dinnerware items shall not exceed 1/8 inch while remaining within the overall diameter tolerance limits.

Cup, drinking

Dimensions:

Outside diameter

(A) – 3 inches, + 7/16 inch, - ¼ inch

Height

(B) – 2-7/8 inches, ± 3/8 inch

Bottom thickness

Brimful capacity

– 7.0 ounces minimum

Performance requirements. The dinnerware items shall meet the impact strength and chipping resistance requirements indicated when tested in accordance with Testing paragraph. The dinnerware shall show no crazing or thermal shock of the body after testing for three cycles at 300 degrees Fahrenheit in accordance with Testing paragraph. The release of heavy metals from the dinnerware shall comply with the Federal Food, Drug, and Cosmetic Act.

IMPACT STRENGTH AND CHIPPING RESISTANCE

Impact Chipping

Article ft-lb. (Joule)

Cup, drinking

0.10 (0.14) rim

Finish. The entire surface of the china dinnerware items shall be covered by a uniform and continuous hard impervious glaze which is cleanable and retains this quality except for the following exceptions. Three pin marks no larger than 1/4 inch in diameter from the refractory used to support the ware during firing, four spindle marks no larger than 3/32 inch wide and 3/32 inch up each side of the foot if the foot is glazed, or a dry foot ring shall be allowable on the bottom surface of the ware. If the refractory leaves a mark on the ware, any protrusion will be dulled in such a manner that the skin can not be cut when rubbed across the protrusion. If the refractory support has removed a piece of ware at the support point, the resultant depression in the surface shall be no larger than 1/4 inch in diameter and 1/32 inch deep. The color of the dinnerware shall approximately match one of the following color numbers of FED-STD-595: 17886, 27780, or 27778. If specified, the color shall be judged against a standard sample by the procuring office or agency. The color shall be considered a "close match" provided it is closest in appearance to the required color number than any other color number.

Workmanship. The dinnerware shall be constructed uniformly within the tolerances specified and free from defects as defined in referenced table.

Classification of defects Classification

Inspection

Defect

Major Minor

Appearance

Kiln dirt (unground) 0.03 inch or larger

Kiln dirt (unground) less than 0.03 inch or glaze

Grinding mark:

Four or more on face

Five or more on back

Workmanship

Cracks; one or more

Chips, gouges, or creases; one or more (a glazed over chip from any surface less than 1/16 inch in diameter is not a defect. A glazed over or unglazed chip from the foot less than 1/8 inch in length is not a defect.)

Lack of uniformity in texture and finish (includes speckles and bulges)

One spot 1/16 inch diameter or larger on face or two spots larger than 1/16 inch on back

Four or more spots less than 1/16 inch in diameter on the face

Five or more spots less than 1/16 inch on the back

Pinhole or pimple larger than 0.02 inch

Four or more pinholes or pimples smaller than 0.02 inch in diameter on the face

Five or more pinholes or pimples smaller than 0.02 inch in diameter on the back

Any unglazed area on the face greater than 0.03 inch in diameter

Any unglazed area on the back greater than 0.03 inch in diameter except:

Pin and spindle marks per Finish paragraph

Mold mark on face

Sharp edge on rim

Blister; one or more

Heavy glaze resulting in open air bubbles or greenish

Glaze

Construction Warpage, piece rocks on its foot

Misplaced handle on hollowware, one that detracts from the appearance and/or function of the cup

Design not as specified

Dimensions not as specified

Marking

Not as specified

Water absorption test. The sample dinnerware items shall be tested for water absorption in accordance with ASTM C 373 except the test shall be performed on glazed dinnerware. Water absorption values greater than 0.4 percent shall be justification for rejection.

Testing. Testing of china samples shall be conducted at the beginning of each new contract or every five (5) years, whichever comes first.

Impact strength and chipping resistance test. The sample dinnerware items shall be tested in accordance with ASTM C 368. The test items shall be visually inspected for damage. If the dinnerware cracks or chips at an average value for the sample lot less than that specified, the lot shall be rejected.

Thermal shock test. The sample dinnerware items shall be tested in accordance with the procedure defined in ASTM C 554. The sample(s) shall be tested for three cycles using a test temperature of 300 degrees Fahrenheit. The sample pieces shall be examined after completion of the test and any indication of glaze or thermal shock shall constitute failure.

PRODUCT CONFORMANCE. The products provided shall meet the salient characteristics of this 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. When less than full but more than a half pallet is used, the palletized load shall utilize proper bracing and/or reinforcement to ensure that the load can withstand two additional loads placed on it.

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.

GROUP 2:

NSN: 7350-01-280-8734

Dated: 10/08/2009 CUP, DRINKING: Shall have the following characteristics:

Unit of Issue – BX (box of 36)

Color sample required.

Dimensional variances. The out of roundness of the dinnerware items shall not exceed 1/8 inch while remaining within the overall diameter tolerance limits.

Cup, drinking (Navy use)

Dimensions:

Outside top diameter– 3-19/32 inches, + 1/16 inch, -3/16 inch

Overall Height

– 3-25/64 inches, ± 1/16 inch

Diameter of Base – 2 inches, ± 1/16 inch

Minimum fluid capacity- 9.5 ounces

Bottom thickness - 3/16 inch minimum

The handle design shall permit the cups to stack within each other level.

IMPACT STRENGTH AND CHIPPING RESISTANCE

Impact Chipping

Article ft-lb. (Joule) Cup, drinking (Navy use)

0.15 (0.20) rim

Marking. The dinnerware shall be permanently marked with the manufacturer's name, brand name, or trademark on the bottom of each item.

Workmanship. The dinnerware shall be constructed uniformly within the tolerances specified and free from defects as defined in referenced table.

Classification of defects Classification

Inspection

Defect

Major Minor

Appearance

Kiln dirt (unground) 0.03 inch or larger

Kiln dirt (unground) less than 0.03 inch or glaze

Grinding mark:

Four or more on face

Five or more on back

Workmanship

Cracks; one or more

Lack of uniformity in texture and finish (includes speckles and bulges)

One spot 1/16 inch diameter or larger on face or two spots larger than 1/16 inch on back

Four or more spots less than 1/16 inch in diameter on the face

Five or more spots less than 1/16 inch on the back

Pinhole or pimple larger than 0.02 inch

Four or more pinholes or pimples smaller than 0.02 inch in diameter on the face

Five or more pinholes or pimples smaller than 0.02 inch in diameter on the back

Any unglazed area on the face greater than 0.03 inch in diameter

Any unglazed area on the back greater than 0.03 inch in diameter except:

Pin and spindle marks per Finish paragraph

Mold mark on face

Sharp edge on rim

Blister; one or more

Heavy glaze resulting in open air bubbles or greenish

Glaze

Construction Warpage, piece rocks on its foot

Misplaced handle on hollowware, one that detracts from the appearance and/or function of the cup

Design not as specified

Dimensions not as specified

Marking

Not as specified

Testing. Testing of china samples shall be conducted at the beginning of each new contract or every five (5) years, whichever comes first.

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.

End of Item Purchase Description

NOTE: THIS IS ONLY A REQUEST FOR PRICING. AN ORDER WILL BE ISSUED PURSUANT TO THE EVALUATION OF THE OFFERS RECEIVED. PRICING FOR THE ITEM SHALL BE COMPLETED BELOW:

GROUP 1:

COUNTRY OF ORIGIN (country in which item is manufactured): ____________________

Contractors who have FOB Destination pricing shall provide pricing only for the items listed below:

Items 1-2 - Pricing FOB Destination for NSN 7350-01-256-1089

Listed below is demand estimate for the next twelve months. Demand is subject to change.

Item #

Destination

Model/

Part Number # of

Orders

Monthly Peak

Qty

Unit of

Issue Unit Price All zones Total Amount

Burlington, NJ 08016 (N3)
-------------------------
1
36
36
BX
$________
$__________

French Camp, CA

95231(S3)

-------------------------

$________

$__________

TOTAL

------------

$__________

GROUP 2:

COUNTRY OF ORIGIN (country in which item is manufactured): ____________________

Contractors who have FOB Destination pricing shall provide pricing only for the items listed below:

Items 3-4 - Pricing FOB Destination for NSN 7350-01-280-8734

Listed below is demand estimate for the next twelve months. Demand is subject to change.

Item #

Destination

Model/

Part Number # of

Orders

Monthly Peak

Qty

Unit of

Issue Unit Price All zones Total Amount

Burlington, NJ 08016 (N3)
-------------------------
1
36
36
BX
$________
$__________

French Camp, CA

95231(S3)

-------------------------

$________

$__________

TOTAL

------------

$__________

CLAUSES

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

(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.

(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;

(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.

(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;

(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; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 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.

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

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (SEP 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

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

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

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