RFQ - QSDLAC-A8-09-0561-SQ 8-19-09 FLATIRON.doc

Request for Quotation # QSDLAC-A8-09-0561-SQ, dated 08/19/2009

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

1 | 39

1. REQUEST NO.

QSDLAC-A8-09-0561-SQ

2. DATE ISSUED

08/19/2009

3. REQUISITION/PURCHASE REQUEST NO.

SEE BELOW

30 DAYS ARO or better

GSA, FAS, Southwest Supply Operations Center

ATTN: Holly Eskridge (QSDLAC–A8)

819 Taylor Street, Room 6A00

Fort Worth, TX 76102

Holly Eskridge holly.eskridge@gsa.gov

AREA CODE

FAX 817

NUMBER

574-4242 574-2615

9. DESTINATION

See Below

a. NAME

b. COMPANY

b. STREET ADDRESS

SEE BLOCK 11

c. STREET

c. CITY

d. CITY

e. STATE

f. ZIP

d. STATE

e. ZIP

SEE BLOCK 11

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS (Date)

08/26/2009 by 4:00 PM CDT 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)

**THIS IS ONLY A REQUEST FOR PRICING. DELIVERY ORDER WILL BE ISSUED PURSUANT TO THE EVALUATION OF THE QUOTATIONS RECEIVED. DO NOT SHIP!!**

A.

This is a Request For Quote (RFQ) for a standing price quotation for a period from Date of Award through 12 months thereafter, not to exceed $100, 000.00.

B.

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

C.

The Government will award a Standing Quote Agreement to the offeror determined as the lowest price technically acceptable offer.

Factors:

1. TECHNICAL ACCEPTABILITY. Technical acceptability is defined as meeting or exceeding the Government’s Item Purchase Description for each item offered in response to this RFQ and complying with the required delivery schedule.

2. LOWEST EVALUATED PRICE. The lowest total aggregate price (“Per Unit SQA Price” or “Per Unit Destination SQA Price” multiplied by the “Estimated 1-year Quantity”) will be considered for award. Pricing must be submitted for both locations to be considered for award.

D. Inspection will be at Destination.

E. Delivery is required within 30 days after receipt of order (ARO). State the best delivery time you can offer:_____________.

F.

The Item Purchase Descriptions and Schedule of Items are shown on pages 4 and 5.

G.

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

H.

Required Clauses, applicable to all items in this Request for Quotation, are shown on pages 5 through 39.

I.

This is only a request for a Standing Price Quotation. Delivery orders will be issued against the awarded Standing Quotation Agreement resulting from this Request For Quote. DO NOT SHIP.

J. If responding to this Request for Quotation, complete and return the entire package. If you wish to “No Quote,” please indicate and return pages 1 and 2 only.

K. The North American Industry Classification System (NAICS) code for this acquisition is *335211*.

L. This Standing Quote Agreement can be cancelled at any time by either party with a 30 day written notice.

M. The Buy American Act applies to this request for quote.

b. 20 CALENDAR DAYS

c. 30 CALENDAR DAYS

d. CALENDAR DAYS

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

SIGN QUOTATION

15. DATE OF QUOTATION

a. NAME OF QUOTER

c. COUNTY

AREA CODE

d. CITY

e. STATE

f. ZIP

FAX:

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 18 (Re. 6-95)

Previous edition not usable

Prescribed by GSA- FAR (48CFR) 53.215-1(a)

Block 11 continued:

NOTE: Inspection is at Destination. (See Below) A.

FOB is DESTINATION.

B.

The Item Purchase Description (IPD) for National Stock Number (NSN) 7290-00-148-7068 (Electric Steam Flatiron) is located on pages 4 and 5.

C.

PRODUCT SAMPLE. This Request for Quote (RFQ) DOES NOT require submission of product sample however, if GSA determines it necessary, a product sample may be requested prior to award. The samples must include a label identifying the SOLICITATION NUMBER, OFFEROR’S NAME, PART NUMBER AND CORRESPONDING NSN.

D.

FAR 52.212-1, Instructions to Offerors – Commercial Items (June 2008) is incorporated by reference. This clause is tailored in paragraph (b) Submission of Offers to specify that the following information of commitment letter and product literature is required with offers in addition to the filled out RFQ. Paragraph (h) is replaced with a single agreement will be issued as a result of this RFQ.

E.

SUPPLEMENTAL DOCUMENTATION REQUIRED: FAR 52.212-1, Instructions to Offerors, (JUN 2008) is incorporated by reference. Replace SF 1449 referenced in this provision with the SF18. FAR 52.212-1(h) is deleted. FAR 52.212-1(b) is supplemented with the following addenda.

If the offeror is not the manufacturer/distributor of these items, a commitment letter from each supplier on the supplier’s letterhead indicating that they will supply items under this SQA. This letter is required at the time of initial offer submission and must be typed on the supplier's original letterhead, dated, direct telephone number, email address, and signed by an officer of the company (title of the signee) who can legally commit the company, and the letter must address as a minimum, the following: (If the letter does not address these things your offer may not be considered for evaluation. The commitment letters must have as a minimum, the following:

1) Reference Solicitation number QSDLAC-A8-09-0561-SQ.

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

3) A statement of conformance to the Item Purchase Description (IPD);

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

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

6) A statement that the supplier will provide the entire 12 months quantity 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;

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

F.

If responding to this request for quote (RFQ), complete and return the entire package. If you wish to “No Quote”, please indicate and return pages 1 and 2 only. When responding to this RFQ, you may submit the entire document via mail, fax or email. The mail, fax or email offer must be received by the closing date and time. Below is the address, fax, and e-mail information for offer submission:

GSA, Federal Acquisition Service

FIRE AND INDUSTRIAL ACQUISITION BRANCH

Attn: Holly Eskridge (QSDLAC-A8)

819 Taylor St. Room 6A00

Fort Worth, TX 76102

Email: holly.eskridge@gsa.gov

Fax: 817-574-2615

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

Request for Quotation # QSDLAC-A8-09-0561-SQ Dated 08/19/2009 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.)

This is only a request for pricing. An order will be issued pursuant to the evaluation of the offers received. DO NOT SHIP!

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:

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

Pricing FOB Destination NSN 7290-00-148-7068 ELECTRIC STEAM FLATIRON NAICS 335211 (see IPD attached below) Item

No.

Destination

Est’d

Orders Est’d Peak

Monthly Req’t Est’d

Qty

(12 month)

See IPD Below

See IPD Below

Total Aggregate Price

In addition, the awardee must comply with direct delivery requirements - Diversion of Shipment (see page 26).

ITEM PURCHASE DESCRIPTION

NSN: 7290-00-148-7068

(11/24/2008)

FLATIRON, ELECTRIC (STEAM): Shall be in accordance with the following characteristics:

Design - Spray, steam, Dry, 120 volts AC, steam vents, water level window.

Cord - 2 conductor cord with 2 prong plug.

Features - Fabric guide indicator, temperature selector, heel rest, AUTO SHUTOFF FEATURE REQUIRED.

Safety - Shall be in compliance with the latest revision of UL 1005

Shall have a button nook or some other feature such as large gap between the sole plate and main body of the flatiron, to facilitate ironing around a button.

CARE AND USE INSTRUCTION BOOKLET: Each flatiron shall be accompanied by a care and use instruction booklet. The care and use instructions shall be in the same format as and contain the same information as the care and use information furnished with the flatiron for commercial sales.

Unit of Issue – EA (Each)

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. 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.

I ______________________ certify that the product offered meets or exceeds the above Item

(your name)

Purchase Description.

End of Item Purchase Description

CLAUSES

52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (JUN 2008) 12.301(b)(1) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212‑3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and --

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

Availability of requirements documents cited in the solicitation.

Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

ASSIST (http://assist.daps.dla.mil).

Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun ad Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors 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.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

A summary of the rationale for award;

For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

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

(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 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.

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-

Name and address of the Contractor;

Invoice date and number;

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.

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.

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.

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--

Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

Affected contract number and delivery order number, if applicable;

Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

Provide a copy of the remittance and supporting documentation to the Contracting Officer.

Interest.

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.

The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if -

The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

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

The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

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.

Amounts shall be due at the earliest of the following dates:

The date fixed under this contract.

The date of the first written demand for payment, including any demand for payment resulting from a default termination.

The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

The date on which the designated office receives payment from the Contractor;

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

The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

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:

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; 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; 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.

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.

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 (JUN 2009) 12.301(b)(4) (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:

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)).

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

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

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.]

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

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)).

52.203-15, Whistleblower Protections under the American Recovery and Reivestment Act of 2009 (Section 1553 of Pub. L., 11-5)(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

52.204-11, American Recovery and Reivestment Act – Reporting Requirements (MAR 2009) (Pub. L., 111-5).

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

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[Reserved]

(i) 52.219-6, Notice of Total Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

(ii) Alternate I (OCT 1995) of 52.219-6.

(iii) Alternate II (MAR 2004) of 52.219-6.

(9)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

(ii) Alternate I (OCT 1995) of 52.219-7.

(iii) Alternate II (MAR 2004) of 52.219-7.

(10) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d) (2) and (3)).

(11)

(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637 (d)(4)).

(ii) Alternate I (OCT 2001) of 52.219-9.

(iii) Alternate II (OCT 2001) of 52.219-9.

(12) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637 (a) (14)).

(13) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(14)

(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

(ii) Alternate I (JUN 2003) of 52.219-23.

(15) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(16) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (15 U.S.C. 657 f).

*__X___* (18) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C. 632(a)(2)).

*___X___* (19) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126).

(21) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

(22) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(24) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

(27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)[Delay of applicability date to September 8, 2009]

(28)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962 (c) (3) (A) (ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962 (i) (2) (C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

(30)

(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

(ii) Alternate I (DEC 2007) of 52.223-16.

(31) 52.225-1, Buy American Act—Supplies (JUN 2003) (41 U.S.C. 10a-10d).

(32)

(i) 52.225–3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108–77, 108–78, 108–286, 108–302, 109–53, 109–169, 109–283, and 110–138).

(ii) Alternate I (JAN 2004) of 52.225-3.

(iii) Alternate II (JAN 2004) of 52.225-3.

(33) 52.225-5, Trade Agreements (JUN 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(34) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

(36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

(37) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

(38) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307 (f)).

(39)…