Attachment G SAA PO Terms Conditions.doc

The following terms and conditions apply to this Purchase Order:

1.

Authority. Administration of this Purchase Order will be performed by the Sergeant at Arms Contracting Officer or his delegate (hereafter the “Contracting Officer”). The Contracting Officer is authorized to make contractual modifications and render contractual decisions, including but not limited to, changes in the scope of work and monetary additions and/or deletions, subject to the United States Senate (“Senate”) authority delegated to the Contracting Officer. No changes shall be effective without a written modification of the Purchase Order.

2.

Security. The Contractor shall comply with all Senate security publications, regulations, and procedures that pertain to vendors and suppliers.

3.

Changes. The Contacting Officer may at any time, by written order, make changes, within the general scope of this Purchase Order, in the manner and method of delivery of services. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under Purchase Order, whether changed or not changed by any such order, an equitable adjustment shall be made in the Purchase Order price or delivery schedule, or both, and the Purchase Order shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within thirty days from the date of receipt by the Contractor of the notification of change.

4.

Termination for Default. (a) The Contracting Officer may, subject to the provisions of paragraph (c) below, by written notice of default to the Contractor, terminate the whole or any part of this Purchase Order in any one of the following circumstances:

(1) If Contractor fails to make delivery of the supplies or to perform the services within the time specified herein or any extension thereof; or,

(2) If Contractor fails to perform any of the other provisions of this Purchase Order or so fails to make progress as to endanger performance of this Purchase Order in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of ten days (or such longer period as the Contracting Officer may authorize in writing) after receipt of written notice from the Contracting Officer specifying such failure.

(b) If this Purchase Order is terminated as provided in paragraph (a) of this clause, the Contracting Officer on behalf of the Senate, in addition to any other rights provided in this clause may withhold from amounts otherwise due Contractor for such completed supplies, materials, or services performed such sum as the Contracting Officer determines to be necessary to protect the Senate.

(c) If, after notice of termination of this Purchase Order under the provisions of this clause, it is determined for any reason that Contractor was not in default under the provisions of this clause, or that the default was excusable under the provisions of this clause, the rights and obligations of the parties shall be the same as if a notice of Termination of Convenience had been issued pursuant to clause 5.

5.

Termination for Convenience. The Contracting Officer, by written notice, may terminate this Purchase Order, in whole or in, part, when it is in the best interest of the Senate. Should the Contracting Officer terminate this Purchase Order for convenience, the Senate shall be liable only for payment in accordance with the payment provisions of this Purchase Order for services rendered prior to the effective date of termination.

6.

Disputes. Except as otherwise provided in this Purchase Order, all disputes arising under this Purchase Order which are not disposed of by agreement shall be decided pursuant to the Sergeant at Arms Procurement Regulations. The Senate will pay interest on the Contractor's claim when such claim is ultimately decided in favor of the Contractor at the rate determined by the Secretary of the Treasury.

7.

Advertising. The Contractor agrees not to refer to this Purchase Order or its work with the Senate in commercial advertising or press releases in such manner as to state or imply that the product or service provided is endorsed or preferred by the Senate or is considered by the Senate to be superior to other goods or services.

8.

Gratuities. (a) The Senate may, by written, notice to the Contractor, terminate for Default the right of the Contractor to proceed under the Purchase Order if it is found gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agency or representative of the Contractor, to any employee of the Senate with a view towards securing a favorable treatment with respect to awarding or amending or the making of any determination with respect to the performing of such Purchase Order.

9.

Members to Benefit. No member of or delegate to Congress shall be admitted to any share or part of this Purchase Order, or to any benefit that may arise thereupon.

10.

Availability of Funds. The Senate's obligation for payment for any work or products ordered under this Purchase Order is contingent upon the availability of appropriated funds from which payment for Purchase Order purposes can be made. No legal liability on the part of the Senate for any payment may arise for performance under this Purchase Order until funds are made available to the Contracting Officer for performance.

11.

Payment Terms. The Senate shall pay the Contractor within a reasonable time after receipt of proper invoices approved by the Contracting Officer or their designee. The Contractor shall submit invoices electronically upon acceptance of deliverables. At a minimum, the invoice shall reflect the Purchase Order number, a description of the service, and period of performance for services rendered. For Time & Materials orders, the Contractor shall provide a breakdown by task, hours worked and billed, and other direct costs authorized by task to the Contracting Officer at a minimum every two weeks or the mutually agreed to time frame, for use by the Senate in reconciling and verifying invoices for payment.

The Contractor invoices for payment will be submitted electronically in a non-editable electronic file such as PDF, TIFF, JPEG or other image format. It is the Contractor’s responsibility to ensure that the invoices are submitted in the correct format. Original Invoice shall be sent electronically to:

AP@saa.senate.gov Contractor questions regarding payment information should be directed to the Contracting Officer.

12.

The following documents are hereby incorporated into this Purchase Order. Any inconsistency in this Purchase Order shall be resolved by giving precedence in. the following order:

(a) Additional terms and conditions (if this purchase Order refers any other terms and conditions);

(b) Contractor’s GSA Schedule (if this Purchase Order refers to the Contractor’s GSA Schedule) or other contract term and conditions if referenced in the Purchase Order; and,

(c) Contractor’s quote or proposal referenced in the Purchase Order.

13. All communications pertaining to contractual and/or administrative matters under this Purchase Order should be addressed to the Contracting Officer via acquistions@saa.senate.gov.