RFP SP0600-24-R-0500 2024 02 15 Final.pdf
PDF 1 MB Posted
- Attached to
- Specialized Lab Testing Federal contract opportunity
- Solicitation number
- SP0600-24-R-0500
- Issued by
- Defense Logistics Agency Energy
About this file
This is a solicitation for specialized laboratory testing services to be provided under a blanket purchase agreement between the Defense Logistics Agency Energy and multiple vendors. Testing will cover various fuel types including jet fuels, diesel, gasoline, and others. Services are required across locations in the continental United States. The agreement period is one year starting in April 2024, with orders placed on an as-needed basis. Pricing will be evaluated with the goal of establishing agreements for each listed location. The solicitation includes attachments covering statements of work, quality assurance plans, price sheets, and past performance evaluation materials.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Amd 5.pdf | ||
| Amd 4.pdf | ||
| Atth 3 Spec Lab Price Sheet r2.xlsx | XLSX spreadsheet | |
| Atth 3 Specialized Lab Testing Price Sheet r1.xlsx | XLSX spreadsheet | |
| Amendment 0003- Specialized Laboratory Testing.pdf | ||
| BPA_Questions.pdf | ||
| RFP SP0600-24-R-0500 r2.pdf | ||
| Amd 2.pdf | ||
| Amd 1.pdf | ||
| Attachment 2 Specialized Laboratory Testing QASP (31 Jan 24).pdf | ||
| Attachment 5- PAST PERFORMANCE QUESTIONNAIRE.pdf | ||
| Attachment 3 Specialized Lab Testing Price Sheet.xlsx | XLSX spreadsheet | |
| Attachment 1 Specialized Laboratory Testing SOW (8 Feb 24).pdf | ||
| Attachment 6 DOL WAGE DETERMINATION.pdf | ||
| Attachment 4- PAST PERFORMANCE REFERRAL LIST.pdf |
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Text version
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
a. NAME
7. FOR SOLICITATION
► INFORMATION CALL:
9. ISSUED BY CODE
11. DELIVERY FOR FREE ON 12. DISCOUNT TERMS
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
□ SEE SCHEDULE
15. DELIVER TO CODE
17a. CONTRACTOR/ GODEi I FACILITY
OFFEROR CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
19. 20.
ITEM NUMBER SCHEDULE OF SUPPLIES/SERVICES
DATE
b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/ calls) LOCAL TIME
10. THIS ACQUISITION IS □ UNRESTRICTED OR □ SET ASIDE: % FOR:
□ SMALL BUSINESS
WOMEN-OWNED SMALL
NORTH AMERICAN
BUSINESS (WOSB)
□ HUBZONE SMALL INDUSTRY CLASSIFICATION
BUSINESS ECONOMICALLY STANDARD (NAICS):
SERVICE-DISABLED □ DISADVANTAGED
□ VETERAN-OWNED WOMEN-OWNED SMALL SIZE STANDARD:
BUSINESS (EDWOSB) SMALL BUSINESS
(SDVOSB\ 8(A)
13a. THIS CONTRACT IS A
□ RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
16. ADMINISTERED BY
18a. PAYMENT WILL BE MADE BY
13b. RATING
14. METHOD OF SOLICITATION REQUEST
REQUEST INVITATION FOR
□FOR QUOTE □ FOR BID □PROPOSA
(RFQ\ /IFB\ /RFP\
CODE I
CODE I
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED □ SEE ADDENDUM
21. 22. 23. 24.
QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
□ 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
□ 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
□ ARE □ ARE NOT ATTACHED
□ ARE □ ARE NOT ATTACHED
L
028. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN □ 29. AWARD OF CONTRACT: REFERENCE OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH ---
AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND
ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print)
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30c. DATE SIGNED 31 b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA- FAR (48 CFR) 53.212
DLA ENERGY
BULK PETROLEUM SERVICES
8725 JOHN J. KINGMAN ROAD
FORT BELVOIR VA 22060
USA
Solicitation SP0600-24-R-0500 Specialized Laboratory Testing 3
Contents
B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991)
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
SECTION E - INSPECTION AND ACCEPTANCE
QUALITY ASSURANCE PROVISIONS (QAPS) LISTED IN THIS SECTION ARE
INCORPORATED IN FULL TEXT AS ATTACHMENT 2 TO THIS SOLICITATION
ATTACHMENT 2 SPECIALIZED LABORATORY TESTING QASP (31 JAN 24)
SECTION F – DELIVERIES OR PERFORMANCE
52.242-15 STOP-WORK ORDER (AUG 1989)
F-0001-F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY APR 2014)
F-0002-F69 PLACE OF PERFORMANCE (DLA ENERGY APR 1968)
SECTION G – CONTRACT ADMINISTRATION DATA
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING
REPORTS (DEC 2018)
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
G-0001-G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)
G-0002-G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY
DEC 1999)
G-0003-G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE
WIRE TRANSFER SYSTEM (DLA ENERGY JAN 2012)
G-0004-G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DLA ENERGY MAY 2009) 17
SECTION H- SPECIAL CONTRACT REQUIREMENTS
H-0001 – H9.01 TECHNICAL DIRECTION (DLA ENERGY FEB 1992)
SECTION I - CONTRACT CLAUSES
CLAUSES INCORPORATED BY REFERENCE
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
52.203-3 GRATUITIES (APR 1984)
52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
CERTAIN FEDERAL TRANSACTIONS (SEP 2007)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (JUN 2020)
52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN
2011)
52.204-13 SYSTEM FOR AWARD MANGEMENT MAINTENANCE (OCT 2018)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) ... 19
Specialized Laboratory Testing 4
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)
52.204-23 PROHIBITATION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND
SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC
2023)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATION AND
VIDEO SURVELLANCE SERVICES OR EQUIPMENT (NOV 2021)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATION
AND VIDEO SURVEILLANCE OR EQUIPMENT (NOV 2021)
52.204-26 COVERED TELECOMMUNICATION EQUIPMENT OR SERVICES-
REPRESENTATION (OCT 2020)
52.204-27 PROBIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)
52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
52.242-13 BANKRUPTCY (JUL 1995)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (DEC 2013)
CLAUSES IN FULL TEXT
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEM
(NOV 2021)
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2023)
ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS-
52.243-1 CHANGES-FIXED PRICE (AUG 1987) ALT I (APR 1984)
ADDENDUM 2 TO 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL
ITEMS – 52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT (OCT 1997)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES
OR EXCUTIVE ORDERS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(DEC 2023)
52.216-18 ORDERING (AUG 2020)
52.237-3 CONTINUITY OF SERVICES (JAN 1991)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD
OFFICIALS (SEP 2011)
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(DEC 2022)
252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)
Specialized Laboratory Testing 5
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER
INCIDENT REPORTING (JAN 2023)
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR
LITIGATION SUPPORT (JAN 2023)
252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR
SERVICES—REPRESENTATION (DEC 2019)
252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE
TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (MAY 2021)
252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE
TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)
252.204-7019 NOTICE OF NIST SP 800–171 DOD ASSESSMENT REQUIREMENTS (NOV 2023)
252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)
252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)
252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL
SERVICES (NOV 2023)
5452.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION
(JUN 2020)
I-0001-I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL
ITEMS (DLA ENERGY FEB 1996)
I-0002- I116 RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS
(DLA ENERGY JAN 2012)
SECTION J – LIST OF ATTACHMENTS
ATTACHMENT 1 - STATEMENT OF WORK (SOW)
ATTACHMENT 2 - SPECIALIZED LABORATORY TESTING QASP
ATTACHMENT 3 - SPECIALIZED LAB TESTING PRICE SHEET
ATTACHMENT 4 - PAST PERFORMANCE REFERRAL LIST
ATTACHMENT 5 -PAST PERFORMANCE QUESTIONNAIRE
ATTACHMENT 6 - DEPT OF LABOR WAGE DETERMINATION
SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS
52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELIQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
Specialized Laboratory Testing 6
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS
(NOV 2023)
52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN
(OCT 2020)
252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD
OFFICIALS (SEP 2022)
252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION
CONTROLS (OCT 2016)
252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR
SERVICES—REPRESENTATION (DEC 2019)
252.204-7017 PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE
TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (MAY 2021)
252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE
TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)
252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023)
252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023)
252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL
VIOLATION UNDER ANY FEDERAL OR STATE LAW (DEVIATION 2012-O0007) (MAR
2012)
K-0001-K15 RELEASE OF PRICES (DLA ENERGY MAR 2009)
K-0002-K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)
K-0003-K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION
(DLA ENERGY MAY 2014)
SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) ALT I (OCT 2018)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) ... 82
52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (SEP 2023)
ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS .. 83
52.216-1 TYPE OF CONTRACT (APR 1984)
52.233-2 SERVICE OF PROTEST (SEPT 2006)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
252.215-7008 ONLY ONE OFFER (DEC 2022)
L-0001-L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991)
L-0002- L82 WAGE DETERMINATION (DLA ENERGY FEB 2009)
SECTION M - EVALUATION FACTORS FOR AWARD
Specialized Laboratory Testing 7
52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)
M-0001-M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR
1997)
Specialized Laboratory Testing 8
B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991)
The services to be furnished during the period specified herein and the unit prices are as follows:
PERIOD OF PERFORMANCE
CLIN 0001-0014 One-Year Period April 1, 2024 – March 31, 2025
As mentioned in Section C-1.0.1 of the Statement of Work (SOW), service locations are listed below:
City State City State City State
Montgomery Alabama
Boston Massachusetts
Oklahoma City Oklahoma
Phoenix Arizona Lansing Michigan Salem Oregon
Little Rock Arkansas St. Paul Minnesota Providence Rhode Island
Monterey California Jackson Mississippi Pierre South Dakota
Denver Colorado Jefferson City Missouri Nashville Tennessee
Hartford Connecticut Helena Montana Austin Texas
Tampa Florida Lincoln Nebraska Salt Lake City Utah
Boise Idaho Carson City Nevada Montpelier Vermont
Indianapolis Indiana Santa Fe New Mexico Charleston West Virginia
Des Moines Iowa Albany New York Madison Wisconsin
Topeka Kansas Raleigh North Carolina Cheyenne Wyoming
Frankfort Kentucky Bismarck North Dakota Augusta Maine Columbus Ohio
Award will be made based on location(s). Multiple awards may result from the subject solicitation with one potential award for each location(s). Offerors ARE REQUIRED to submit a completed price worksheet for service location(s). Pricing for the proposed location(s), shall be provided on Attachment 3, Specialized Lab Testing Price Sheet of solicitation SP0600-24-R-0500. Estimated quantities are provided on the price sheet per test type and location. See Section M, FAR 52.212-2 Evaluation-Commercial Items (Nov 2021), Price Factor 3 for evaluation methodology concerning all price proposals.
The CLINs are established as follows:
1 Year Period – The contractor shall provide laboratory testing of aviation fuel as specified in accordance with the
SOW.
Specialized Laboratory Testing 9
CLIN 0001- Jet A
CLIN 0002- JP5
CLIN 0003- JP8
CLIN 0004- F76
CLIN 0005- JPTS
CLIN 0006- AVGAS
CLIN 0007- Diesel CLIN 0008- Gasoline
CLIN 0009- FOR
CLIN 0010- L06
CLIN 0011- LTL
CLIN 0012- RME 180/380
CLIN 0013- CILI/FSII
CLIN 0014- Surveyor
NOTE: The CLIN structure above is for example purposes only. The actual CLIN numbers after Blanket Purchase Agreement (BPA) is awarded will vary as EBS system constraints allow only for sequential numbering and CLIN structure may be affected.
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
The Statement of Work (Attachment 1) is hereby incorporated by reference as if fully set forth herein.
SECTION E - INSPECTION AND ACCEPTANCE
QUALITY ASSURANCE PROVISIONS (QAPS) LISTED IN THIS SECTION ARE INCORPORATED IN FULL
TEXT AS ATTACHMENT 2 TO THIS SOLICITATION
Attachment 2 Specialized Laboratory Testing QASP (31 Jan 24)
SECTION F – DELIVERIES OR PERFORMANCE
52.242-15 STOP-WORK ORDER (AUG 1989)
(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the
Specialized Laboratory Testing 10 period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the Default, or the
Termination for Convenience of the Government, clause of this contract.
(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-
(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and
(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
(End of clause)
F-0001-F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY APR 2014)
(a) Contractor Registration. Contractors must register in DIBBS to obtain a login account at https://www.dibbs.bsm.dla.mil. The login account will allow a contractor to register a primary and alternate email address for notifications. Contractors are strongly encouraged to establish a group email address for the primary email address for the contractor’s authorized point of contacts. The registered email addresses will be the only email used by the government to make notifications.
(b) All contractors must have an active System for Award Management (SAM) account, http://www.sam.gov in order to register for DIBBS.
(c) The Contractor shall use DIBBS to receive orders. DLA Energy will not be using DIBBS receipt of quotes capability. All quotations, proposals, bids shall be submitted in accordance with the terms and conditions of the solicitation.
(d) Preparation and Transmission of Orders
(1) The Government may issue an order for a specific delivery or a series of deliveries (e.g., several deliveries during a week). The Government may also elect to issue an order covering a longer period (including monthly orders) and make periodic calls against these orders designating specific delivery dates, times, and quantities.
(2) Only a DLA Energy warranted Contracting Officer can issue an order, either orally or in writing, against a contract. An oral order issued by the warranted Contracting Officer shall provide the required advance notice to the Contractor and the following information: Interim order number; contract number; item number; ceiling price; quantity; delivery location; and the required delivery and/ or service date.
Specialized Laboratory Testing 11
(i) For all product orders, the Contractor will receive an electronically signed written order via
DIBBS, within 24 hours or one business day after the warranted Contracting Officer issues an oral order.
(ii) For all service orders, the Contractor will receive an electronically signed written order via DIBBS, within five business days after issuing the oral order.
(iii) Interim order number is subject to change once the electronically signed written order is received by the contractor. The order number on the written order will take precedence over the interim order number, if different.
(iv) Regardless of the unit price cited on the written order, the office designated to make payments on the written order will pay the applicable unit price in effect under the terms and conditions of the
(v) Once the order has been issued, an email will be sent to the Contractor to provide notice that the order is available on the contract-specific web page. The order will also be submitted to the payment office.
(3) Calls against previously issued orders must be confirmed in writing within 24 hours or one business day via email message. The email confirmation will reference the previously issued order number and item number and designate specific delivery location, dates, and quantity to be delivered against that order.
(4) The Contractor’s no receipt of a written or electronic confirmation of an oral order or oral call against a written or electronic order does not relieve the Contractor from its obligation to perform in accordance with the oral order or oral call against a written or electronic order. The Contractor should contact the DLA Energy Contracting Officer if problems are experienced with receipt of the electronic or written confirmation.
F-0002-F69 PLACE OF PERFORMANCE (DLA ENERGY APR 1968)
The services shall be performed at the laboratory or laboratories set forth in the Schedule. Any change in the location at which the service will be performed must be approved by the Contracting Officer.
SECTION G – CONTRACT ADMINISTRATION DATA
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018)
(a) Definitions. As used in this clause—
“Contract financing payment” means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government.
(1) Contract financing payments include—
(i) Advance payments;
Specialized Laboratory Testing 12
(ii) Performance-based payments;
(iii) Commercial advance and interim payments;
(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress Payments;
(v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and
(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used.
(2) Contract financing payments do not include—
(i) Invoice payments;
(ii) Payments for partial deliveries; or
(iii) Lease and rental payments.
“Electronic form” means any automated system that transmits information electronically from the initiating system to affected systems.
“Invoice payment” means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.
(1) Invoice payments include—
(i) Payments for partial deliveries that have been accepted by the Government;
(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;
(iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed- Price Architect-Engineer Contracts; and
(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25, Prompt Payment, is used.
(2) Invoice payments do not include contract financing payments.
“Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order.
“Receiving report” means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement.
(b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order.
(c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats:
(1) Electronic Data Interchange.
(2) Secure File Transfer Protocol.
(3) Direct input through the WAWF website.
Specialized Laboratory Testing 13
(d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when—
(1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order;
(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);
(3) DoD makes payment on a contract or task or delivery order for rendered health care services using the TRICARE Encounter Data System; or
(4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required.
(e) Information regarding WAWF is available at https://wawf.eb.mil/.
(f) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
https://wawf.eb.mil/
Specialized Laboratory Testing 14
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
NOT APPLICABLE
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
INVOICE 2-in-1 (SERVICES ONLY)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701
Issue By DoDAAC SPE603
Admin DoDAAC** SPE603
Inspect By DoDAAC TBD
Ship To Code N/A
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) N/A
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Service Acceptor (DoDAAC) SPE603; Extension USLABS
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
NOT APPLICABLE
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
DLA Energy Help Desk Email: bsme.helpdesk@dla.mil (phone) (800)446-4950
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
G-0001-G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)
Each invoice submitted for payment under this contract shall be identified by an individual invoice number. The number shall not be duplicated on subsequent invoices. Duplicate invoice numbers or invoices that do not include numbers may be rejected.
G-0002-G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY DEC 1999)
Remittances shall be mailed only at the Government’s option or where an exception to payment by Electronic Funds Transfer (EFT) applies. (See the PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION or the PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL CONTRACTOR REGISTRATION clause.)
Offeror shall indicate below the complete mailing address (including the nine-digit zip code) to which remittances should be mailed if such address is other than that shown in Block 15a (Standard Form (SF) 33) for noncommercial items or Block 17a (SF 1449) for commercial items. In addition, if offeror did not incorporate its nine-digit zip code in the address shown in Block 15a of the SF 33 or in Block 17a of the SF 1449, the offeror shall enter it below:
(a) Payee Name (Contractor): | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
Specialized Laboratory Testing 16
(b) Check Remittance Address:
(DO NOT EXCEED 30 CHARACTERS PER LINE)
(c) Narrative Information (special instructions).
(DO NOT EXCEED 153 CHARACTERS)
G-0003-G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE
TRANSFER SYSTEM (DLA ENERGY JAN 2012)
(a) The Contractor shall supply the following information to the Contracting Officer no later than 5 days after contract award and before submission of the first request for payment. The bank designated as the receiving bank must be capable of receiving Federal wire transactions via either a SWIFT Code or an IBAN.
(b) Any change by the Contractor in the designation of the bank account to receive electronic transfer of funds in accordance with this provision must be received by the Contracting Officer no later than 30 days prior to the date the change is to become effective.
(c) The electronic transfer of funds does not constitute an assignment of such funds in any form or fashion.
COMPLETE THE FOLLOWING INFORMATION (TYPE WRITTEN OR CLEAR PRINTING)
RECIPIENT’S NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
ORIGINATOR ABA: ____044036205____ (DLA ENERGY fill-in)
CONTRACT NUMBER: ________________________________________ (DLA ENERGY fill-in)
RECIPIENT’S CAGE CODE: __________________
[ ] CHECKING TYPE 22
Specialized Laboratory Testing 17
[ ] SAVINGS TYPE 32
RECIPIENT’S DUNS NUMBER: ______________________________________
BENEFICIARY’S BANK NAME: | | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 29 CHARACTERS)
BENEFICIARY’S BANK ADDRESS: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
(DO NOT EXCEED 25 CHARACTERS)
BENEFICIARY’S BANK ACCOUNT NUMBER: ______________________________________
BENEFICIARY’S BANK SWIFT NUMBER: | | | | | | | | | | | |
(EITHER 8 OR 11 CHARACTERS ONLY)
IBAN NUMBER: ______________________________________
BENEFICIARY’S BANK SORT CODE: | | | | | | | (FOR BANKS IN THE UNITED KINGDOM ONLY)
(6 CHARACTERS ONLY)
(d) CONTRACTOR’S DESIGNATED OFFICIAL SUBMITTING ELECTRONIC FUNDS TRANSFER
INFORMATION.
NAME | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
TITLE | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
TELEPHONE NUMBER | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
SIGNATURE _____________________________________________________________
(e) Notwithstanding any other provision of the contract, the requirements of this provision shall control.
G-0004-G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DLA ENERGY MAY 2009)
The Property Administrator for product handled under the terms of the contract will be designated by the Director, Defense Logistics Agency Energy (DLA Energy).
Specialized Laboratory Testing 18
SECTION H- SPECIAL CONTRACT REQUIREMENTS
H-0001 – H9.01 TECHNICAL DIRECTION (DLA ENERGY FEB 1992)
(a) A DLA Energy representative other than the Contracting Officer (CO) may provide technical direction on contract performance. Technical direction includes—
(1) Direction to the Contractor which assists him in accomplishing the Statement of Work; and
(2) Comments on and approval of reports or other deliverables.
(b) When the individual providing technical direction is not the CO, he does not have the authority to issue technical direction that—
(1) Institutes additional work outside the scope of the contract;
(2) Constitutes a change as defined in the CHANGES clause;
(3) Causes an increase or decrease in the estimated cost of the contract;
(4) Alters the period of performance; or
(5) Changes any of the other express terms or conditions of the contract.
(c) A Contractor following such unauthorized direction may be found in breach of contract and may not be reimbursed for increased costs resulting therefrom. Only a CO may authorize changes to the contract Statement of Work.
SECTION I - CONTRACT CLAUSES
CLAUSES INCORPORATED BY REFERENCE
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/
(End of Provision)
52.203-3 GRATUITIES (APR 1984)
https://www.acquisition.gov/
Specialized Laboratory Testing 19
52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS (SEP 2007)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN
2020)
52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
52.204-13 SYSTEM FOR AWARD MANGEMENT MAINTENANCE (OCT 2018)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)
52.204-23 PROHIBITATION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES
DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATION AND VIDEO
SURVELLANCE SERVICES OR EQUIPMENT (NOV 2021)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATION AND VIDEO
SURVEILLANCE OR EQUIPMENT (NOV 2021)
52.204-26 COVERED TELECOMMUNICATION EQUIPMENT OR SERVICES- REPRESENTATION (OCT
2020)
52.204-27 PROBIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)
52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
52.242-13 BANKRUPTCY (JUL 1995)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC
2013)
Specialized Laboratory Testing 20
CLAUSES IN FULL TEXT
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEM (NOV 2021)
(a) Definitions. As used in this clause—
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
Specialized Laboratory Testing 21
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2023)
(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 41 U.S.C. chapter 71, Contract Disputes. 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.
Specialized Laboratory Testing 22
(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, 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— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer— Other Than System for Award Management), 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—
Specialized Laboratory Testing 23
(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 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 41 U.S.C. 7109, 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 at 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
Specialized Laboratory Testing 24 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.
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