RFQ QSDLA-Z6-12-3355-OM.doc

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER)

1 | 39

UNDER BDSA REG. 2 (

RATING

GSA, FAS, Southwest Supply Center

Fire and Industrial Acquisition Branch (QSDLAC-Z6)

819 Taylor Street, Room 6A00

Fort Worth, TX 76102-6114

Delivery – 90 DAYS AFAA OR SOONER

First Article Samples 30 Days ARO OR SOONER

(See Schedule)

SHARITA SHEPPARD

AREA CODE

NUMBER

850-5515 - VOICE

9. DESTINATION

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

a. NAME

b. COMPANY

b. STREET ADDRESS

c. STREET ADDRESS

c. CITY

d. CITY

e. STATE

f. ZIP

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS (Date)

March 12, 2012

2:00 PM CST

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)

Email signed document : Sharita.sheppard@gsa.gov A. All technically responsible sources may submit a quotation, which if timely received, shall be considered.

B. Evaluation Factor:

Lowest Price technically acceptable offer.

Award will be made by NSN.

Award determination will be made based on lowest price technically acceptable offer.

C. First article samples must be approved before delivery of the item.

D. FAR 52.212-1, Instructions to Offerors—Commercial Items (June 2008) is incorporated by reference. This clause is tailored in paragraph (h) is replaced with a single award will be issued as a result of this RFQ. Paragraph (J) is found on page 2.

12. DISCOUNT FOR PROMPT PAYMENT (

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

c. COUNTY

AREA CODE

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 18 Re. 6-95) NOTE: Inspection is at Source. First Article Samples are required.

This procurement is not set-aside for small business concerns.

Berry Amendment does not apply to this procurement.

If submitting a product under Buy American Act-Free Trade Agreement-Israeli Trade Act please see clauses 52.225-3 and 52.225-4.

The Government will not make assumptions concerning the offeror’s intent. Clear identification is the sole responsibility of the offeror.

ALL COMPLETED PAGES (1-39) MUST BE RETURNED WITH YOUR OFFER (NO EXCEPTION). FAILURE TO PROVIDE THE REQUIRED INFORMATION MAY RESULT IN YOUR OFFER NO LONGER BEING EVALUATED/CONSIDERED FOR POSSIBLE AWARD.

Request for Quotation # QSDLA-Z6-12-3355-OM Dated 3/6/2012 A. Taxpayer Identification Number (TIN): _____________________

B. Data Universal Numbering System (DUNS): ______________________

C. Point of Contact: ______________________

Phone Number: _______________________

Fax: __________________________

E-Mail Address: _______________________

Are you a large or small business? __________________

Are you a manufacturer or dealer? __________________

E. Supplier Name*: ___________________________

Point of Contact*: __________________________ Supplier DUNS*: ___________________________

Supplier TIN*: _____________________________

Is your supplier large or small? _________________

(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

IPD Issued: 2/21/2012 Item 1

NSN 8465-01-602-3355

NFES 0128

SLEEPING BAG, COOL WEATHER: The sleeping bag shall meet the following requirements:

General description. The sleeping bag shall be a "mummy" type bag.

SALIENT CHARACTERISTICS

The insulating material shall be a lightweight, highly compressible, synthetic material conforming to the requirements of this description. The bag shall be constructed to prevent migration of the insulating material. The sleeping bag shall be free from cold spots and the Clo value reading shall be 5.0-5.5 when tested in accordance with ASTM F 1720, using Option 1 (paragraph 9.3.1) and the Most Preferred Replication of Tests option (paragraph 9.5.1).

The sleeping bag’s total finished weight shall not exceed 4.5 pounds. The weight shall be determined using a calibrated scale or balance and measured to the nearest 0.1 pound.

The sleeping bag shall have an integral adjustable hood. The hood shall contain, as a minimum, the same level of insulation as the rest of the bag. The adjustment to the hood shall be made using a cord and barrel lock.

The foot section shall have an anatomically designed foot box and shall contain at least twice the amount of insulation per unit area as the rest of the bag. The double insulation shall extend for 8-10 inches from the footbox/body seam toward the head of the bag.

The sleeping bag shall have a reversible double pull (open end-to-end) slider that shall permit the top or bottom ventilation, the finished measurement shall be 60 inches long, minimum, placed on the user's right side (with the user in the bag facing out). The slide fastener shall have a device to prevent inadvertent opening placed at the end of the fastener at the head of the bag. The slide fastener area shall have a draft tube or flap to prevent heat loss, which shall be constructed to prevent the slide fastener from inadvertently catching the liner or draft tube or flap material. The draft tube or flap shall be constructed to lay against the slide fastener of the bag inside the bag.

Size and shape. The bag shall be the "mummy" style with integral hood and a flat-ended footbox. The top of the body section shall be straight across the width of the bag at the front. With the bag turned inside out, the inside dimensions of the bag shall be 81-83 inches long measured from the footbox/body seam to the body/hood seam; 34-36 inches wide at the widest point of the body of the bag, measured from seam to seam; and 21-23 inches wide at the top of the double-insulated foot box, measured from seam to seam. All measurements shall be taken using a steel measuring rule with the bag laid flat and free of wrinkles. See Figure 1 for reference points used in determining length and width dimensions.

Outer and inner shell material. The basic material for the inner and outer shell of the sleeping bag shall be 100% nylon with a ripstop or taffeta weave. The minimum weight shall be 1.9 ounces per square yard when tested in accordance with ASTM D 3776, option C. The material shall have a minimum yarn count of 85 filling yarns when tested in accordance with ASTM D 3775, and a minimum tearing strength of 7.0 pounds in the warp and filling direction when tested in accordance with ASTM D 1424. The color shall be foliage green to match the standard sample, shade samples will be provided to the contractor by the contract officer.

Batting material. The batting material shall be 2.5 denier, continuous filament, 100% polyester fiber with at least 18 percent void, durable water resistance treated and bonded with acrylic resin.

Stitching. The stitch type shall be locked stitch for all seams, safety stitch for foot and hood attachments (if applicable), and serge or over-edge stitch for the center-line seam (below the slide fastener). There shall be no exposed raw edges. The bag shall be double stitched along the slide fastener. There shall be 7 to 9 stitches per inch. The bartacks shall be 28 to 32 stitches per bartack, and 1/2 to 5/8 inch in length.

Thread. Threads exposed to the surface of the sleeping bag shall be ticket sized 30, 2 or 3 ply (for all needles). Internal or hidden threads shall be the ticket sized 30, 2 or 3 ply (for all needles) or ticket sized 50, 2 ply (for all loopers or bottom). When applicable, the bartacks shall be composed of ticket sized 50, 2 ply for both needle and loopers. The thread for all seams shall conform to A-A-50199, Thread, Polyester Core, Cotton- or Polyester-Covered. The color of the thread shall approximate the color of the sleeping bag shell material.

Zipper or Slide fasteners. The slide fastener shall be a continuous monofilament chain, nylon or polyester. The chain filament diameter shall be 0.028 to 0.040 inch, the width of the chain shall be 0.220 to 0.320 inch. The slide fastener shall have two reversible sliders, configured mouth to mouth such that they will open at either end of the slide fastener. One slider shall be double pull and one single pull, the double pull shall be situated so it accessible at the head. The slide fastener shall have a minimum cross-wise breaking strength of 175 pounds when tested in accordance with ASTM D 2061. The slide fastener tape shall be water repellent treated polyester. The slider body shall be equipped with a non-elastic cord pull,1/8 inch diameter, approximately 13 inches long, that shall be looped through the slider lug (normally used for the metal pull) and the free ends knotted to form a 5-½ (±1/4)inch long slider pull. The component color shall match the basic material of the sleeping bag.

Drawcord. The drawcord for the hood shall be 1/8 inch diameter elastic (multi-strand) with a braided nylon cover. The color shall match the basic material.

Barrel lock closure. The barrel lock adjusting device shall be capable of withstanding a 5 pound pull force for 15 seconds with no signs of slippage or damage, after being on the cord for 168 hours, using the cord to be supplied with the bag. The barrel-lock color shall match the basic material.

Flammability. The materials used to construct the bag shall not be hazardous to personnel. The bag components shall meet established Federal/commercial flammability standards for sleeping bags as set forth in CPAI-75.

Laundering and compression recovery. When laundered in accordance with AATCC-96, Test VI,(A)for 5 times, including drying each time at a drying temperature of 140oF to 160oF, the bag shall show no signs of deterioration, the insulation shall not clump and shall regain at least 80% of its loft when tested for compressional recovery.

For the compressional recovery requirement, after the 5 launderings the initial thickness shall be measured with the sample under a light pressure of 0.0004 lb/in2. The sample shall then be placed under a pressure of 0.67 lb/in2 and held for one hour. The thickness after compression shall be measured in same manner as the initial thickness. The percent recovery shall be calculated as follows:

Percent Compressional Recovery =

Thickness after compression x 100

Initial thickness

For the compressional recovery requirement, after the 5 launderings the initial thickness shall be measured with the sample under a light pressure of 0.0004 lb/in2. The sample shall then be placed under a pressure of 0.67 lb/in2 and held for one hour. The thickness after compression shall be measured in same manner as the initial thickness. The percent recovery shall be calculated as follows:

Percent Compressional Recovery =

Thickness after compression x 100

Initial thickness

Labeling. The combination label for identification, instructions for use, and laundry instructions shall be sewn-on in such a manner that the thermal values of the bag are not compromised. The label shall conform to type I, class 3 of Military Specification MIL-DTL-32075 in characters 3/32 inch (minimum) high. The label shall be 5 inches wide maximum with a length governed by the contents, and shall be sewn onto the outside shell fabric of the bag on the top portion in the foot area. The label shall contain the following information on a single label:

NSN 8465-01-119-5562

SLEEPING BAG, COOL WEATHER

(manufacturer's name)

(contract number)

(date of manufacture, month/year)

INSTRUCTIONS FOR USE

1. Safety:

(a) Locate sites for bedding in a safe area away from fire, falling trees, or snags, rolling rocks, moving vehicles, pack stock, and airdrop zones.

(b) This bag is NOT FIREPROOF. Do not smoke in bag.

2. Keep bag dry:

(a) Sleep with FACE OUT of bag to prevent breath from dampening bag.

(b) Use ground cloth UNDER bag to protect from ground moisture.

(c) Keep out of rain.

(d) Open bag completely and air thoroughly each day.

3. To keep warm:

(a) Put padding UNDER bag as cold is conducted from below. Use foam pad, air mattress, cardboard, packboard, etc.

(b) Do not wear all your clothes in bag.

(c) During colder weather, wear a knitted hat and draw up head flap to form a hood.

4. If too warm, open zipper from top or bottom as needed.

5. Keep bag CLEAN.

6. For EMERGENCY EXIT, release cordlock, grasp each side of the opening above the zipper slider and spread apart quickly, forcing the slider downward.

LAUNDRY INSTRUCTIONS

1. With zipper CLOSED, machine wash in WARM water, GENTLE cycle.

2. Use large capacity (25-30 lbs), FRONT loading machine.

3. Wash temperature should be 140o Fahrenheit.

4. With bag open, tumble dry in large capacity dryer only.

Drying temperature should be 140o to 160o Fahrenheit using normal tumble dry cycle.

DO NOT DRY CLEAN

GSA marking. The bag shall be imprinted with the letters "GSA" reading from the head to the foot of the bag, in a centered location near the foot of the bag adjacent to the label. The letters shall be 2 inches high minimum and shall conform to type III or IV, class 9 of MIL-DTL-32075, color black.

Workmanship. The finished sleeping bag shall be free from any cut, hole, tear, mend, or other fabric defects; any distortion or twisting of the entire bag or any components when laid out flat; or any soil, dirt, spot, or stain. The finished sleeping bag shall conform to the quality of product established by this description, and shall function as a warm, comfortable, durable sleeping bag. The finished sleeping bag shall be correct in all dimensions, clean, and free from objectionable odor. The color shall match the standard sample and be free from any non-uniform, mottled, blotched, or spotted color.

Regulatory Requirements. The offeror/contractor is encouraged to use recovered materials to the maximum extent practicable, in accordance with paragraphs 23.403 of the Federal Acquisition Regulation (FAR).

Referenced documents.

Military Specifications, Federal Standards, and Commercial Item Descriptions (CIDs)

A-A-50199 - Thread, Polyester Core, Cotton- or Polyester- Covered

MIL-DTL-32075 - Label: For Clothing, Equipage, and Tentage (General Use)

Federal Specifications and Standards, and Commercial Item Descriptions are available from Federal Supply Service Bureau, Specifications Section, 470 East L'Enfant Plaza, Suite 8100, Washington, DC 20407; (202) 755-0325 American Association Of Textile Chemists And Colorists (AATCC)

96 - Dimensional Changes In Commercial Laundering Of Woven And Knitted Fabrics

Except Wool

Copies of AATCC documents are available from the American Association of Textile Chemists and Colorists, P.O. Box 12215, Research Triangle Park, NC 27709-2215.)

ASTM

D 1424 - Standard Test Method for Tear Resistance of Woven

Fabric by Falling Pendulum (Elmendorf) Apparatus

D 2061 - Standard Test Methods for Strength Tests for Zippers

D 3775 - Standard Test Method for Fabric Count of Woven Fabric

D 3776 - Standard Test Method for Mass Per Unit Area

(Weight) of Woven Fabric

F 1720 - Standard Test Method for Measuring Thermal

Insulation of Sleeping Bags Using a Heated Manikin

Copies of ASTM standards are available from ASTM, 100 Bar Harbor Dr., West Conshohocken, PA 19428-2959, (610-832-9500).

Industrial Fabrics Association International (IFAI)

CPAI-75

CPAI documents are available from the Industrial Fabrics Association International (IFAI), 1801 County Road B West, Roseville, MN 55113-4061, (800) 225-4324.

QUALITY ASSURANCE PROVISIONS

Responsibility for inspection. Unless otherwise specified in the contract or purchase order, the contractor is responsible for the performance of all inspection requirements as specified in this description. Except as otherwise specified, the contractor may utilize his own facilities or any commercial laboratory acceptable to the Government. The Government reserves the right to perform any of the inspections or tests specified where such action is deemed necessary to assure that supplies and services conform to prescribed requirements. The contractor is responsible for insuring that components and materials used were manufactured, examined, and tested in accordance with referenced specifications and standards.

Certifications of conformance. As proof of conformance to the requirements of this description, the contractor shall supply a certificate of conformance for each the following properties with the first article(s):

1. Clo value as specified, including the test results, test date, and laboratory name where testing occurred.

2. CPAI-75 Flammability, including the test results, test date, and laboratory name where testing occurred.

3. That the bag will withstand 5 launderings as required, including compressional recovery.

4. Shell physical characteristics as specified in this description.

5. Batting as specified by this description.

6. Thread as specified by this description.

7. Slide fastener as specified by this description.

8. Label as specified by this description.

First article samples. First article samples will be inspected for the following attributes:

1. Specified dimensions.

2. Specified configuration, including existence of hood, foot box, draw cord, draw cord lock device, slide fastener, slide fastener securing mechanism at hood, draft tube, and interior construction to prevent migration of batting.

3. Workmanship.

PACKAGING: Each sleeping bag, with the head flap folded into the bag and the zipper closed, shall be laid out flat, folded lengthwise in half, and rolled tightly from head to foot. The rolled bag shall be inserted into a snug-fitting polyethylene film bag of 0.003 inch thickness (+/- 20 percent tolerance). The bag may be fabricated from polyethylene film tubing or sheeting and shall be closed to prevent opening. As much air as possible shall be expelled prior to closing, air holes are permitted. Marking of the bag as required by MARKING below shall be by adhesive label on the plastic bag or by inserting a label into the plastic bag with the sleeping bag so that it is readable from outside the bag prior to closing.

PACKING: Five (5) packaged sleeping bags shall be packed in a close-fitting corrugated fiberboard box, minimum burst strength 500 psi (minimum edge crush strength 71 lb per inch width), and shall be in compliance with the Uniform Freight Classification and the National Motor Freight Classification.

SUPPLEMENTAL PACKING AND PACKAGING REQUIREMENTS: All fiberboard boxes, cushioning, and dunnage used in packing and packaging of this item shall contain recovered materials in accordance with the EPA Comprehensive Procurement Guideline For Products Containing Recovered Materials (40 CFR 247) and the EPA Paper Products Recovered Materials Advisory Notice (Federal Register, Vol. 61, No. 104, May 29, 1996). The EPA's Recommended Recovered Fiber Content Levels for Paperboard and Packaging Products are available at:

http://www.epa.gov/osw/conserve/tools/cpg/products/paperbrd.htm

SPECIAL MARKING: The National Fire Equipment System (NFES) number appearing below the National Stock Number (NSN) of this Item Purchase Description shall be marked on the shipping container below the NSN. The NFES number shall be preceded by "NFES".

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.

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 can be found at the USDA.gov website. 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 item to be furnished will be in accordance with all applicable requirements, and the item is of the quality specified and conform in all respects with the agreement, including packaging, packing, marking requirements, and physical item identification.

End of Item Purchase Description Are you providing a foreign end product that falls under Clause 52.225-3 and 52.225-4? FORMCHECKBOX Yes or FORMCHECKBOX No If you are quoting other foreign end products (that is not a COTS item) that do not qualify as domestic end products please provide the city and state where the end product will be manufactured below.

______________City _____ State

For detail information please read clause 52.212-3 and 52.212-4, under Buy American Act – Free Trade Agreements-Israeli Trade Act. Country of Origin (of the components): ________________

SCHEDULE OF ITEMS

Use the Schedule of Items below to submit you quoted prices.

A.

Provide the unit prices per the unit of issue shown.

B.

FOB Destination.

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:

Pricing FOB Destination

Unit of Issue: EA

Country of Origin____________________________________

Place of manufacture of a foreign end product _______________

If you are providing a foreign product, please read clause 52.225-3 and complete 52.225-4

First Article Sample 30 Days ARO

Delivery Days After Approval of First Article (AFAA) 90 Days

NSN: 8465-01-602-3355, SLEEPING BAG, COOL WEATHER

NAICS 314911

Item

No.

Destination

Issue Per Unit

Offered Price Total

Price

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (FEB 2012) 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 post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

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

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement 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.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

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

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

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

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

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

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

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

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

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

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

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

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

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

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

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

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

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

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

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

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

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

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449. Standard Form 18.

(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 CCR accessed through https://www.acquisition.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 (FEB 2012) 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:

(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 (Apr 2010) (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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

X__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2012) (41 U.S.C. 2313).

__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved]

__ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(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 (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

X_(23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns (Nov 2011).

__ (25) 52.219-30 Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Nov 2011).

X__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

X__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

X__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

X__ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (34) 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.)

__ (35)(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.)

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (37)(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.

X__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

X_ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 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.

__ (41) 52.225-5, Trade Agreements (Nov 2011) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X__ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (45) 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)).

__ (46) 52.232-30,…