RFQ form 2.docx

December 21, 2021

Request for Quote

Solicitation #:

Purchase Request Summary: SP4702-22-Q-0004, Request for Quote, (RFQ)

The Request for Quote (RFQ), is issued on December 21, 2021. It will close on January 6, 2022, at 9:00 AM EST. Responding vendors will complete the information required in this document and provide a copy of their pricing document. All items are to be return via email to Dana. R Russell, dana.russell@dla.mil.

Brief Summary of the Purchase:

Purchase of Eight, (8) sets of Firefighter Personal Protective Clothing. This includes Turn Out Coats and trousers with liners. This purchase is for the Defense Logistics Agency, Defense Supply Center Columbus (DSCC), DLA Installation Support at Columbus, Office of Public Safety, Division of Fire and Emergency Services, 3990 E. Broad St., Columbus, Ohio 43213-1152. All items will be used at this location.

PR: 92241765

FR: 200147679

PR Date 12/02/2021 Material Code: N00000582, Clothing Special Purpose

NACIS: 315280

FSC: 8415

Size Standard; 750 employees Description: supply contract Firm-Fixed-Price Acquisition Small Business set aside Acquisition

GL: 61003110

The period of performance is 120 days from date of the award.

Customer DODDAC: SC0919

Purpose: Combined Synopsis and Solicitation under FAR PART 12.6 “Streamlined Procedures for Evaluation and Solicitation for Commercial Items”.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This combined synopsis/solicitation reference # SP4702-22-Q-0004, is being issued as a request for quotation (RFQ). This combined synopsis/solicitation document and incorporated provisions, and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-99, effective 15 Jun 2018. This combined synopsis/solicitation is restricted to only those offerors authorized to provide the solicited “brand-name only” items and can offer the accompanying warranties and guarantees of the original manufacturer. Delivery will be 120 days after contract award. The Government intends to award a single award, firm-fixed-price contract for the purchase of Firefighter Personal Protective Clothing. for the Defense Logistics Agency, Defense Supply Center Columbus (DSCC), DLA Installation Support at Columbus, Office of Public Safety, Division of Fire and Emergency Services, 3990 E. Broad St., Columbus, Ohio 43213-1152.

The contract will be granted to the offeror that provides the lowest price technically acceptable to the United States Government. Potential offerors are hereby notified that the notice and subsequent amendments to the notice will only be available by downloading the documents at the SAM.gov at https;//sam.gov. This was previously known as Federal Business Opportunities Website. This office will not issue hard copy solicitations. By submitting a response to this notice, the vendor will be self-certifying that neither the offeror nor the principal corporate officials and owners are currently suspended, debarred, or otherwise ineligible to receive contracts from any Federal Agency. Only offerors currently registered in the System for Award Management (SAM) will be considered for award. In addition, Federal Acquisition Regulation (FAR) Part 12.6 "Streamlined Procedures for Evaluation and Solicitation for Commercial Items” and FAR Part 13 "Simplified Acquisition Procedures” regulations and procedures will be utilized.

SYSTEM FOR AWARD MANAGEMENT (SAM):

All vendors wishing to do business with the Federal Government must be registered with and on the System for Award Management (SAM). This registration can be done at no cost to the vendor by accessing https//www.sam.gov. This could take 30 to 90 business days to complete. Only vendors that are part of this system can be awarded a Federal Contract.

You can access the SAM site at: https://www.sam.gov/portal/SAM/?portal:componentId=220e071f-e75f-417d-9c61-027d324c8fec&interactionstate=JBPNS_rO0ABXc0ABBfanNmQnJpZGdlVmlld0lkAAAAAQATL2pzZi9mdW5jdGlvbmFsLmpzcAAHX19FT0ZfXw**&portal:type=action#1#1

Vendors will be required if awarded this contract to use the Wide Area Workflow, (WAWF) to submit al invoices. Vendors are required to become knowledgeable in the use of this system of invoicing.

DELIVERY LOCATION:

Defense Logistics Agency Defense Supply Center Columbus (DSCC) DLA Installation Support at Columbus 3990 E. Broad St., Building 17-3 Columbus, Ohio 43213-1152 Phone: (614) 692-5900 POC: Paul Alexander, Assistant Fire Chief 614-692-2026 E-mail: Paul.Alexander@dla.mil

Defense Supply Center Columbus ATTN: Randy Shirey, Fire Chief 3990 E. Broad St.

Columbus, Ohio 43213-1152 Phone: (614) 692-5900 E-mail: randy.shirey@dla.mil

DODDAC: SC0919

Unit of Issue: EA (each) NAICS Code: 315990

ALL QUESTIONS WILL BE ADDRESSED TO:

Mr. Dana R. Russell, Acquisition Specialist

DCSO-C

Defense Supply Center Columbus 3990 E Broad Street Columbus, Ohio 43213 Phone: (614) 692-1537 DSN 850-1537 dana.russell@dla.mil

Any questions regarding this request for quote should be directed to him

Note: submit your quote no later than 9:00 AM January 5, 2022. Quotes will not be considered for award after that date. Quotes must be submitted via email to dana.russell@dla.mil.

The below listed items are the preferred items and what is currently issued to the Fire Fighters. We will consider other items as long as they meet the requirements or exceed the protective equipment that is described. Vendor’s will be required to provide custom sewing, custom fitting, and loaner clothing items as needed.

TOTAL AMOUNT

THERE IS ONLY ONE CLIN FOR THIS PURCHASE THE ABOVE ARE ITEMS NUMBERS INCLUDED IN CLIN 0001

Note: submit a formal quote (company letter head and signature) through email to dana.rusell@dla.mil . Also, include the following document with your company quote:

1) Commercial Catalog Pricing Data.

Contractor Name:

Address:

Phone Number:

Point of Contact (name, phone number and email address):

DUNS Number

Cage Code:

NAICS Code:

Small Business: Yes or No

Period of Performance:

Price:

Quote Valid Until:

GSA Contract: (if applicable)

Invoicing Point of Contact: Full name, Address, Phone Number and email address

Evaluation Factor for Award:

Contract Award will be made to the responsible vendor that offers the Lowest Priced Technically Acceptable quote.

No third party type billings will be accepted. No in care of billing will be accepted.

STATEMENT OF WORK

PERSONAL PROTECTIVE EQUIPMENT

(STRUCTURAL FIREFIGHTING ENSEMBLE) for FIRE and EMERGENCY SERVICES DIVISION At DLA INSTALLATION SUPPORT COLUMBUS

1.0 INTRODUCTION:

1.1 Organization

Defense Logistics Agency DLA Installation Support Columbus Division of Fire and Emergency Services (DM-FCSF) 3990 East Broad Street Building 46 Columbus, Ohio 43218-3990

1.2 Mission

The DLA Installation Support Columbus, Office of Public Safety, Division of Fire and Emergency Services has responsibility for protecting the assets and property of the installation from all hazards.

1.3 Objective

The objective is to provide firefighter personnel with an ensemble of personal protective clothing for the use of structural firefighting. This Statement of Work (SOW) describes the deliverables and requirements as specified to fire department members. Fire and Emergency Services anticipates the need for this procurement through the foreseeable future to ensure compliance with NFPA 1971 is maintained.

2.0 TECHNICAL REQUIREMENTS:

2.1 Contractor Responsibilities

2.1.1 The Contractor shall make contact with the Government inspector to develop a schedule for fitting sessions for all fire and emergency services personnel not less than two business days after award of delivery order.

2.1.2 The Contractor shall conduct an on-site visit, pursuant to the approved schedule, to measure firefighters for personal protective garment, not less than ten business days after award of delivery order. The purpose of the Contractor site visit is to identify and list all firefighters’ measurements and obtain all necessary information for personal protective garments to conform to specifications as indicated in the SOW. The contractor shall perform measurements and fittings for all personnel at the Defense Supply Center Columbus installation on weekdays between the hours of 7:00 a.m. and 3:00 p.m. (Eastern Time). Fittings will be accomplished in accordance with firefighters work schedule. During the sizing visit the layout of the leather helmet shield will be determined dependent on helmet color issued. Contractor to provide loaner gear, as needed, during the build time for the new gear.

2.1.3 Protective Clothing Issuance Report

The Contractor shall provide a report, no later than ten workdays from the date measurements are complete, to include the following data:

Firefighter name Measurements Type of equipment issued Expected date of issuance

2.1.4 All sizing shall be completed within 30 days after effective date of delivery order.

2.1.5 One set of loaner gear to be provided until order fulfillment has been completed per individual, as needed.

2.2. Structural Firefighting Garments Specifications

2.2.1 From the data gathered as a result of the site fittings, the Contractor shall provide all labor, materials, tools, transportation, supplies, supervision, etc., necessary to provide estimated delivery date within 60 days of date of sizing the following Brand Name or Equal items listed below:

2.2.2 Name Brand or Equal Specified Ensembles

Janesville V-Force PBI Matrix Structural Firefighting Coat, Model Number- CVFM. Quantity of 8 each, see 2.2.3 and 2.2.4 for detailed requirements Janesville V-Force PBI Matrix Structural Firefighting Liner, Model Number- CVFM. Quantity of 8 each, see 2.2.3 and 2.2.4 for detailed requirements Janesville V-Force PBI Matrix Structural Firefighting Pants, Model Number- PVFM. Quantity of 8 each, see 2.2.3 and 2.2.4 for detailed requirements Janesville V-Force PBI Matrix Structural Firefighting Liner, Model Number- PVFM. Quantity of 8 each, see 2.2.3 and 2.2.4 for detailed requirements

2.2.3 Personal Protective Clothing Requirements

Structural firefighting personal protective clothing ensemble shall comply with the National Fire Protection Association (NFPA) Standard 1971, Titled: Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, (2018 edition). Garments shall be constructed of PBI Matrix ISO Dry fabric Name Brand or Equivalent. Each ensemble will have a class II harness included in the bunker pant. The specified ensembles shall be manufactured in the USA. Items shall be new not refurbished.

2.2.4 Firefighting Coats, Pants, and Liners shall meet the following requirements:

· Comply with NFPA Standard 1971

· Garments shall be constructed of PBI Matrix ISO Dry fabric Name Brand or Equivalent

· Reflective trim in NYC style

· Material shall be Kevlar/Nomex

· Shall be manufactured in the USA

· Shall be new not refurbished

· Emblem of the U.S. Flag must be sewn on right sleeve and made of fire-resistant material

· Garment shall have flashlight hook and Velcro strap

· Garments shall have Simper Dri system

· Garments shall have zip in liners

· Liner and Moisture Barrier shall not have any interruption in thermal or moisture protection

· Coats shall have hand warmer pockets

· Back of coat must expand for optimal movement

· Coat and pants shall have lime/silver trim and lettering for fire fighters

· Coat and pants shall have orange/silver trim and lettering for officers

· Coat shall have department name on back: "DSCC" (Row 1 (Arched))

· Coat shall have fire fighter last name on 4" hanging name tag (3" letters when possible, else 2" letters)

· Coat shall have Glove Dee Ring

· Wristlets not less than 8 inches long

· Coat shall have zippered with Velcro Style Coat Closure

· Coat shall have contoured collar and throat tab

· Coat shall have recovery harness

· Coat shall have radio pocket holder clear of SCBA placement determined by size

· Coat/Liner shall be REDZONE particulate filtering equipped

· Garments shall have standard or high back pants at sized individual’s specification

· Pants shall have Belt Loop option to High Back or standard Pant Plus Belt

· Pants shall have class II NFPA 1983 compliant rescue harness

· Pants shall have kick shields

· Pants shall have Seattle tool pouch with bellowed pocket

· Pants shall have three-layer knee pads

· Pants shall have Calf Pocket 6x6x2 (as identified per individual)

· Pants shall have Interior Pant Pockets lined with ARASHIELD

· Pants/Liner shall be REDZONE particulate filtering equipped.

2.5 Place of Performance

The measurement/fitting and delivery of all firefighter associates will be conducted at the Defense Supply Center Columbus located at 3990 E. Broad Street, Columbus, Ohio.

3.0 GOVERNMENT RESPONSIBILITIES:

3.1 Government Furnished Resources & Responsibilities

3.1.1 The Government inspector will provide the contractor with a listing of firefighter names and duty times.

3.1.2 DSCC will also provide a single point of contact for the purposes of coordinating fitting sessions and access to the site to conduct required sessions.

3.1.3 The Government will provide security access to the Center for the contractor to perform measurements and to deliver specified ensembles.

4.0 DELIVERABLES:

4.1 Schedule and Requirements: The Contractor shall develop the following deliverables and deliver using the following working days schedule:

4.1.1 Deliverable Standards: All deliverables must meet the requirements set forth in this SOW. The Contractor shall be responsible for delivering all end items specified.

4.1.2 Deliverable Inspection: All Contractor produced deliverables shall be inspected for conformance to the task requirements. If the product does not meet the requirements of the SOW, the Government Inspector will reject the deliverable with a specific explanation of the deficiencies, and the contractor shall deliver a defect free replacement within two business days at no additional charge to the Government.

4.1.3 Criteria for Acceptance: Only specified ensembles prepared and delivered in accordance with the requirements of the SOW will be accepted by the Government.

5-0 WARRANTY:

Standard commercial warranty applies.

6.0 ADMINISTRATIVE CONSIDERATIONS:

Government Inspector (GI):

Defense Supply Center Columbus ATTN: Randy Shirey, Fire Chief 3990 E. Broad St.

Columbus, Ohio 43213-1152 Phone: (614) 692-5900 E-mail: randy.shirey@dla.mil

Delivery/Shipping:

Defense Supply Center Columbus ATTN: Randy Shirey, Fire Chief 3990 E. Broad Street Bldg 17-3 Columbus, Ohio 43213-1152 Phone: (614) 692-5900

7.0 PROCEDURES FOR PAYMENT:

After acceptance of the items, the Contractor shall submit two copies of their invoice, one marked "ORIGINAL", and one marked “COPY” to the Government Inspector identified above, for certification. The Invoice must prepare in accordance with FAR Clause 52.212-1. Failure to comply with the procedures in this paragraph may result in delay of payment.

PACKAGING AND MARKING – NOT APPLICABLE

INSPECTION AND ACCEPTANCE

(X) 52.246-2 -- INSPECTION OF SUPPLIES -- FIXED-PRICE. (APR 1984)

(X) 52.246-4 INSPECTION OF SERVICE FIXED PRICE (AUG 1996) FAR

(X) 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) DFARS

DELIVERIES OR PERFORMANCE

(X) 52.242-15 STOP-WORK ORDER (AUG 1989) FAR

(X) 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR

(X) 52.247-34 F.O.B. DESTINATION (NOV 1991) FAR

DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions.

As prescribed in 232.7004(b), use the following clause:

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.

(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):

Combo Document

(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.

Attach the Vendor’s Invoice to the WAWF Document

(B) For services that do not require shipment of a deliverable, submit either the Combo Invoice, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Combo Invoice

(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.

(f) [Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(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.

(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.

(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.

Lana L. Baumgartner Management Analyst Security and Emergency Services DLA Installation Support at Columbus Defense Supply Center Columbus 3990 E Broad St, Building 48 Columbus, OH 43213-1152 (614)692-4770 DSN: 850-4770 E-mail: lana.baumgartner@dla.mil

DoDAAC: SC0919

(2) Contact the WAWF helpdesk at 866-618-5988 if assistance is needed.

(End of clause)

SPECIAL CONTRACT REQUIREMENTS – NOT APPLICABLE

CONTRACT CLAUSES

[X] CLAUSES INCORPORATED BY REFERENCE (FEB 1998) (FAR 52.252-2)

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 address: https://www.acquisition.gov/ FAR 52.204-10 Reporting executive compensation and First -Tier subcontract Awards (Jul 20130 FAR 52.204-13, System for Award Management Maintenance (JUL 2013)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(End of provision)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

Critical technology means–

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

FAR 52.211-15, Defense Priority and Allocation Requirements (APR 2008) FAR 52.212-04 Contract Terms and Conditions -Commercial items (Dec 2014)

(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 Government wide 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— 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

(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 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 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…