Attachment_1_-_SAQMMA16R0482_RFP.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

SAQMMA16R0482

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/27/2016

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Joonpil Hwang

b. TELEPHONE NUMBER (No collect calls) 703-581-4569

c. EMAIL hwangj2@state.gov

8. OFFER DUE DATE / LOCAL

TIME

08/09/2016 17:00:00

CODE LMAQM

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 335312

SIZE STANDARD: 1000 Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

X

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

MULTICODE15. DELIVER TO

SEE

SEE TEXT

line items Multi, XX 00000

CODE16. ADMINISTERED BY

FACILITY

CODE

CODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR CODE18a. PAYMENT WILL BE MADE BY

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ 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.

29. AWARD OF CONTRACT: REF. OFFER 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) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Larry A. Pruitt 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SAQMMA16R0482

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

001 Procure, Deliver/Transfer and Install one (1) 300KVA Modular Power System (MPS), Hamdi Tunnel West Side, Egypt

1.00 EA

One (1) 300 KVA MPS system IAW the attached SOW to be delivered to and installed at Hamdi Tunnel West Side, Egypt.

See attachment 1 for detail configuration drawings.

This line item is for the MPS to include procurement, assemble, delivery, installation and all other ancillary services as specified in the attached SOW. A breakdown shall be provided as follows:

MPS Cost: ________________ Delivery Cost: ________________ Installation Cost: ________________ Other (Specify): ________________

Descriptive literature must be submitted along with the proposal in order to determine technical acceptability (= specifications set forth in the SOW are met or exceeded).

Doc Ref No:

Delivery

Date

FOB:

002 Procure, Deliver/Transfer and Install one (1) 300KVA Modular Power System (MPS), Salam (Peace Bridge) West Side, Egypt

1.00 EA

One (1) 300 KVA MPS system IAW the attached SOW to be delivered to and installed at Salam (Peace Bridge) West Side, Egypt.

See attachment 1 for detail configuration drawings.

This line item is for the MPS to include procurement, assemble, delivery, installation and all other ancillary services as specified in the attached SOW. A breakdown shall be provided as follows:

MPS Cost: ________________ Delivery Cost: ________________ Installation Cost: ________________ Other (Specify): ________________

Descriptive literature must be submitted along with the proposal in order to determine technical acceptability (= specifications set forth in the SOW are met or exceeded).

Doc Ref No:

Delivery

Date

FOB:

003 Procure, Deliver/Transfer and Install one (1) 300KVA Modular Power System (MPS), Al Salloom (Libyan Border), Egypt

1.00 EA

One (1) 300 KVA MPS system IAW the attached SOW to be delivered to and installed at Al Salloom (Libyan Border), Egypt.

See attachment 1 for detail configuration drawings.

This line item is for the MPS to include procurement, assemble, delivery, installation and all other ancillary services as specified in the attached SOW. A breakdown shall be provided as follows:

SAQMMA16R0482

Line Item Summary

Solicitation Number:

SAQMMA16R0482

Contract Number: Title: MPS Generators - Egypt Date of Solicitation:

07/27/2016

Line Item No. Description Quantity Unit Unit Price Total Cost

MPS Cost: ________________ Delivery Cost: ________________ Installation Cost: ________________ Other (Specify): ________________

Descriptive literature must be submitted along with the proposal in order to determine technical acceptability (= specifications set forth in the SOW are met or exceeded).

Doc Ref No:

Delivery

Date

FOB:

004 Procure, Deliver/Transfer and Install one (1) 300KVA Modular Power System (MPS), Sharm El Sheikh, Egypt

1.00 EA

One (1) 300 KVA MPS system IAW the attached SOW to be delivered to and installed at Sharm El Sheikh, Egypt.

See attachment 1 for detail configuration drawings.

This line item is for the MPS to include procurement, assemble, delivery, installation and all other ancillary services as specified in the attached SOW. A breakdown shall be provided as follows:

MPS Cost: ________________ Delivery Cost: ________________ Installation Cost: ________________ Other (Specify): ________________

Descriptive literature must be submitted along with the proposal in order to determine technical acceptability (= specifications set forth in the SOW are met or exceeded).

Doc Ref No:

Delivery

Date

FOB:

005 Procure, Deliver/Transfer and Install two (2) 300KVA Modular Power System (MPS), Koustal (Sudan border), Egypt

1.00 EA

Two (2) 300 KVA MPS system but only one (1) ATS IAW the attached SOW to be delivered to and installed at Koustal (Sudan border), Egypt.

See attachment 1 for detail configuration drawings.

This line item is for the MPS to include procurement, assemble, delivery, installation and all other ancillary services as specified in the attached SOW. A breakdown shall be provided as follows:

MPS Cost: ________________ Delivery Cost: ________________ Installation Cost: ________________ Other (Specify): ________________

Descriptive literature must be submitted along with the proposal in order to determine technical acceptability (= specifications set forth in the SOW are met or exceeded).

Doc Ref No:

Delivery

Date

FOB:

006 Procure, Deliver/Transfer and Install two (2) 300KVA Modular Power System (MPS), Port Fouad , Egypt

1.00 EA

SAQMMA16R0482

Line Item Summary

Solicitation Number:

SAQMMA16R0482

Contract Number: Title: MPS Generators - Egypt Date of Solicitation:

07/27/2016

Two(2) 300 KVA MPS system IAW the attached SOW to be delivered to and installed at Port Fouad, Egypt.

See attachment 1 for detail configuration drawings.

This line item is for the MPS to include procurement, assemble, delivery, installation and all other ancillary services as specified in the attached SOW. A breakdown shall be provided as follows:

MPS Cost: ________________ Delivery Cost: ________________ Installation Cost: ________________ Other (Specify): ________________

Descriptive literature must be submitted along with the proposal in order to determine technical acceptability (= specifications set forth in the SOW are met or exceeded).

Doc Ref No:

Delivery

Date

FOB:

007 Procure, Deliver/Transfer and Install one (1) 300KVA Modular Power System (MPS), Hamdi Tunnel East Side, Egypt

1.00 EA

One (1) 300 KVA MPS system IAW the attached SOW to be delivered to and installed at Hamdi Tunnel East Side, Egypt

See attachment 1 for detail configuration drawings.

This line item is for the MPS to include procurement, assemble, delivery, installation and all other ancillary services as specified in the attached SOW. A breakdown shall be provided as follows:

MPS Cost: ________________ Delivery Cost: ________________ Installation Cost: ________________ Other (Specify): ________________

Descriptive literature must be submitted along with the proposal in order to determine technical acceptability (= specifications set forth in the SOW are met or exceeded).

Doc Ref No:

Delivery

Date

FOB:

008 Procure, Deliver/Transfer and Install one (1) 300KVA Modular Power System (MPS), Salam (Peace Bridge) East Side, Egypt

1.00 EA

One (1) 300 KVA MPS system IAW the attached SOW to be delivered to and installed at Salam (Peace Bridge) East Side, Egypt

See attachment 1 for detail configuration drawings.

This line item is for the MPS to include procurement, assemble, delivery, installation and all other ancillary services as specified in the attached SOW. A breakdown shall be provided as follows:

MPS Cost: ________________ Delivery Cost: ________________ Installation Cost: ________________ Other (Specify): ________________

SAQMMA16R0482

Line Item Summary

Solicitation Number:

SAQMMA16R0482

Contract Number: Title: MPS Generators - Egypt Date of Solicitation:

07/27/2016

Descriptive literature must be submitted along with the proposal in order to determine technical acceptability (= specifications set forth in the SOW are met or exceeded).

Doc Ref No:

Delivery

Date

FOB:

009 One (1) Year Modular Power System (MPS) maintenance, Hamdi Tunnel West Side, Egypt

1.00 JB

The Contractor shall provide maintenance service for the MPS located in Hamdi Tunnel West Side, Egypt IAW the attached SOW.

This line item is for the MPS maintenance to include parts, labors, travel and all other services as specified in the attached SOW. A breakdown shall be provided as follows:

Parts: ________________ Labors: ________________ Travel: ________________ Other (Specify): ________________

Period of Performance: One(1) year after initial installation of the MPS

Descriptive literature must be submitted along with the proposal in order to determine technical acceptability (= specifications set forth in the SOW are met or exceeded).

Doc Ref No:

Delivery

Date

FOB:

010 One (1) Year Modular Power System (MPS) maintenance, Salam (Peace Bridge) West Side, Egypt

1.00 JB

The Contractor shall provide maintenance service for the MPS located in Salam (Peace Bridge) West Side, Egypt IAW the attached SOW.

This line item is for the MPS maintenance to include parts, labors, travel and all other services as specified in the attached SOW. A breakdown shall be provided as follows:

Parts: ________________ Labors: ________________ Travel: ________________ Other (Specify): ________________

Period of Performance: One (1) year after initial installation of the MPS

Descriptive literature must be submitted along with the proposal in order to determine technical acceptability (= specifications set forth in the SOW are met or exceeded).

Doc Ref No:

Delivery

Date

FOB:

011 One (1) Year Modular Power System (MPS) maintenance, Al Salloom (Libyan border), Egypt

1.00 JB

The Contractor shall provide maintenance service for the MPS located in Al Salloom (Libyan border), Egypt IAW the attached SOW.

SAQMMA16R0482

Line Item Summary

Solicitation Number:

SAQMMA16R0482

Contract Number: Title: MPS Generators - Egypt Date of Solicitation:

07/27/2016

This line item is for the MPS maintenance to include parts, labors, travel and all other services as specified in the attached SOW. A breakdown shall be provided as follows:

Parts: ________________ Labors: ________________ Travel: ________________ Other (Specify): ________________

Period of Performance: One (1) year after initial installation of the MPS

Descriptive literature must be submitted along with the proposal in order to determine technical acceptability (= specifications set forth in the SOW are met or exceeded).

Doc Ref No:

Delivery

Date

FOB:

012 One (1) Year Modular Power System (MPS) maintenance, Sharm El Sheikh, Egypt

1.00 JB

The Contractor shall provide maintenance service for the MPS located in Sharm El Sheikh, Egypt IAW the attached

SOW.

This line item is for the MPS maintenance to include parts, labors, travel and all other services as specified in the attached SOW. A breakdown shall be provided as follows:

Parts: ________________ Labors: ________________ Travel: ________________ Other (Specify): ________________

Period of Performance: One (1) year after initial installation of the MPS

Descriptive literature must be submitted along with the proposal in order to determine technical acceptability (= specifications set forth in the SOW are met or exceeded).

Doc Ref No:

Delivery

Date

FOB:

013 One (1) Year Modular Power System (MPS) maintenance, Koustal (Sudan border), Egypt

1.00 JB

The Contractor shall provide maintenance service for the MPS located in Koustal (Sudan border), Egypt IAW the attached SOW.

This line item is for the MPS maintenance to include parts, labors, travel and all other services as specified in the attached SOW. A breakdown shall be provided as follows:

Parts: ________________ Labors: ________________ Travel: ________________ Other (Specify): ________________

Period of Performance: One (1) year after initial installation of the MPS

Descriptive literature must be submitted along with the proposal in order to determine technical acceptability (= specifications set forth in the SOW are met or exceeded).

Doc Ref No:

SAQMMA16R0482

Line Item Summary

Solicitation Number:

SAQMMA16R0482

Contract Number: Title: MPS Generators - Egypt Date of Solicitation:

07/27/2016

Delivery Date

FOB:

014 One (1) Year Modular Power System (MPS) maintenance, Port Fouad, Egypt

1.00 JB

The Contractor shall provide maintenance service for the MPS located in Port Fouad, Egypt IAW the attached SOW.

This line item is for the MPS maintenance to include parts, labors, travel and all other services as specified in the attached SOW. A breakdown shall be provided as follows:

Parts: ________________ Labors: ________________ Travel: ________________ Other (Specify): ________________

Period of Performance: One (1) year after initial installation of the MPS

Descriptive literature must be submitted along with the proposal in order to determine technical acceptability (= specifications set forth in the SOW are met or exceeded).

Doc Ref No:

Delivery

Date

FOB:

015 One (1) Year Modular Power System (MPS) maintenance, Hamdi Tunnel East Side, Egypt

1.00 JB

The Contractor shall provide maintenance service for the MPS located in Hamdi Tunnel East Side, Egypt IAW the attached SOW.

This line item is for the MPS maintenance to include parts, labors, travel and all other services as specified in the attached SOW. A breakdown shall be provided as follows:

Parts: ________________ Labors: ________________ Travel: ________________ Other (Specify): ________________

Period of Performance: One (1) years after initial installation of the MPS

Descriptive literature must be submitted along with the proposal in order to determine technical acceptability (= specifications set forth in the SOW are met or exceeded).

Doc Ref No:

Delivery

Date

FOB:

016 One (1) Year Modular Power System (MPS) maintenance, Salam (Peace Bridge) East Side, Egypt

1.00 JB

The Contractor shall provide maintenance service for the MPS located in Salam (Peace Bridge) East Side, Egypt IAW the attached SOW.

This line item is for the MPS maintenance to include parts, labors, travel and all other services as specified in the attached SOW. A breakdown shall be provided as follows:

Parts: ________________ Labors: ________________ Travel: ________________

SAQMMA16R0482

Line Item Summary

Solicitation Number:

SAQMMA16R0482

Contract Number: Title: MPS Generators - Egypt Date of Solicitation:

07/27/2016

Other (Specify): ________________

Period of Performance: One (1) years after initial installation of the MPS

Descriptive literature must be submitted along with the proposal in order to determine technical acceptability (= specifications set forth in the SOW are met or exceeded).

Doc Ref No:

Delivery

Date

FOB:

Identifier Title Date Number of Pages

1 Attachment 1 Configuration Drawing 1 12/24/2015 1 2 Attachment 2 Configuration Drawing 3B.pdf 06/30/2016 1 3 Attachment 3 Configuration Drawing 5.pdf 06/30/2016 1 4 SOW MPS for Egypt 06/30/2016 22

B-010 TYPE OF CONTRACT

This is a Firm-Fixed Price type contract.

(end of clause)

C-001 STATEMENT OF WORK

See attachment SOW MPS for Egypt for detail information

E-002 INSPECTION AND ACCEPTANCE (F.O.B. Destination)

Inspection and acceptance shall be made at destination by an authorized representative of the Government.

(end of clause)

Clause Title

52.247-34 F.O.B. Destination (Nov 1991)

F-006 PERIOD OF PERFORMANCE

The period of performance for this contract is:

1. MPS Manufacture, Deliver and Installation:

1.1 CLIN 001 through 004: Twelve (12) months from date of contract awarded.

1.2 CLIN 005 & CLIN 006: March 31, 2017

1.3 CLIN 006 and 007: Twelve (12) months from date of contract awarded.

2. MPS Maintenance: Twelve (12) months after initial installation of each MPS

SAQMMA16R0482

Line Item Summary

Solicitation Number:

SAQMMA16R0482

Contract Number: Title: MPS Generators - Egypt Date of Solicitation:

07/27/2016

(end of clause)

F-009 PLACE OF DELIVERY

Delivery of supplies under this contract shall be made to the following address(es):

CLIN 001: Hamdi Tunnel West Side One (1) MPS 300KVA CLIN 002: Salam (Peace Bridge) West Side One (1) MPS 300KVA CLIN 003: Al Salloom (Libyan border) One (1) MPS 300KVA CLIN 004: Sharm El Sheikh One (1) MPS 300KVA CLIN 005: Koustal (Sudan border) Two (2) MPSs 300KVA CLIN 006: Port Fouad Two (2) MPSs 300KVA CLIN 007: Hamdi Tunnel East Side One (1) MPS 300KVA CLIN 008: Salam (Peace Bridge) East Side One (1) MPS 300KVA

(end of clause)

01INV DEPARTMENT OF STATE INVOICE INSTRUCTIONS

Invoice submission is only via the Office of Claims’ Commercial Claims Operations fax server, toll-free num-ber: 866-483-3436, or DOSPayments@state.gov, unless otherwise indicated. Each invoice must be transmitted separately.

To constitute a proper invoice, the invoice must include the following information and/or attached documenta-tion:

(1) Name and Address of the Contractor

(2) Dun and Bradstreet Universal Number System (DUNS)

(3) Date of invoice

(4) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (Ampersand), ' (Apostrophe), " (Quotation) and spaces. Please do not include any of these characters as part of your invoice number.

(5) Remittance Contact Information

(6) Shipping Terms, Ship to Address

(7) Payment Terms

(8) Total Quantity of Items

(9) Total Invoice Amount

(10) Requisition Number, Contract Number and Order/Award Number, with modification number if applicable.

(11) Order line item number and information (see below instructions)

The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment.

IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accordance with the corresponding order/award/contract. Each line item must con-tain the following information:

(1) Description of the services rendered for each line item

(2) Line Item Quantity

(3) Line Item Unit Price

(4) Total Line Item Invoicing Amount

(5) Delivery Date

(6) Contract Line Item Number (CLIN)

(7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase Agreement (BPA)

Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase agreements may have a separate and unique line item number in addition to the umbrella Con-tract Line Item Number (CLIN). The order line item number as well as the umbrella award CLIN must be referenced at each invoice line item level in such cases.

All payment to domestic claims will be disbursed by electronic funds transfer EFT. Vendors who are re-gistered in the System for Award Management (SAM) should verify and re-confirm their financial in-formation in the database prior to invoicing. Vendors who wish to request a waiver of SAM or payment by check must submit their justification to their assigned contracting officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment address on the invoice must match the remittance address in the vendor record cited in the award.

Additional correspondence should be addressed to:

Name:

U.S. Department of State Global Financial Services Attn: Office of Claims (RM/GFS/F/C) Charleston Financial Service Center

Mailing Address:

Post Office Box 150008 Charleston, SC 29415-5008 Telephone Numbers:

Director’s Secretary Voice 843-202-3761 Fax 843-746-0749 Official Office Hours: 8:00 am – 5:00 pm

To request Payment Status on a Past Due Invoice contact:

Office of Claims Customer Service Email: commercialclaims@state.gov Phone: 877-704-9473 Toll Free

Person to Contact: Supervisor, Vendor Claims Email: GFS-ChiefVC@state.gov (End of clause)

G-002 CONTRACT ADMINISTRATION DATA

Contracting Officer: Larry A. Pruitt Email: PruittLA@state.gov Contract Administrator: Joonpil Hwang Email: Hwangj2@state.gov

First Class Mailing:

U.S. Department of State Office of Acquisition Management P.O. Box 9115, Rosslyn Station Arlington, Virginia 22219

Courier or Hand Delivery: U.S. Department of State Office of Acquisition Management 4th Floor 1735 N. Lynn Street Arlington, Virginia 22209

Contracting Officer's Representative (COR): TBD Email: TBD

(end of clause)

Clause Title

52.253-1 Computer Generated Forms (Jan 1991)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remed-ies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of em-ployee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of clause)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

(a) Definitions. As used in this clause--

Postconsumer fiber means--(1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their endusage as a consumer item, including: used corrug-ated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or

(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not

(3) Fiber derived from printers’ over-runs, converters’ scrap, and over-issue publications.

(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.

(End of clause)

52.204-13 System for Award Management Maintenance (JUL 2013)

(a) Definitions. As used in this clause--

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contract-ors.

Data Universal Numbering System+4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suf-fix.) This 4-character suffix may be assigned at the discretion of the business concern to establish addition-al SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.f

"Registered in the System for Award Management database (SAM) means that--

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 num-ber, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Ac-countability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Con-tact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active". System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the cent-ralized Government system for certain contracting, grants, and other assistance-related processes. It includes --

(1) Data collected from prospective Federal awardees required for the conduct of business with the Govern-ment;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain re-gistered in the SAMf database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and con-ditions of this contract and is not a substitute for a properly executed contractual document.

(c)(1)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notifica-tion of its intention to--

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Con-tractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to per-form the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ‘‘Suspension of Payment’’ paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, As-signment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ‘‘Suspension of Payment’’ paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract.

A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted--

(i) Via the internet at http://fedgov.dnb.com/webform or if the Contractor does not have internet access, it may call Dun and Bradstreet at 1–866–705–5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at ht-tps://www.acquisition.gov.

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (June 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to ac-quisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has in-dicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

XX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Rein-vestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L.

109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div.

C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub.

L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Sus-pended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

XX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2015) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages--Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

XX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

XX (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June 2016) (E.O. 13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

XX (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

__ (43) 52.223-20, Aerosols (June 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (June 2016) (E.O. 13693).

__ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

__ (46)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (48) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

__ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

XX (54) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (55) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (58)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement pro-visions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Main-tenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this para-graph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transac-tions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the dis-putes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Con-tractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcon-tracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must in-clude 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in ac-cordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xi) __(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

__(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Mainten-ance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or en-tity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechan-ism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Govern-ment authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly author-ized by statute and specifically authorized under applicable agency regulations and procedures.

(End of clause)

52.233-1 Disputes (May 2014)

(a) This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.

(b) Except as provided in 41 U.S.C. chapter 71, all disputes arising under or relating to this contract shall be re-solved under this clause.

(c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C. chapter 71 until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.C. chapter 71. The submission may be converted to a claim under 41 U.S.C. chapter 71, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Gov-ernment against the Contractor shall be subject to a written decision by the Contracting Officer.

(2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submit-ting any claim- exceeding $100,000.

(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately re-flects the contract adjustment for which the Contractor believes the Government is liable; and that I am author-ized to certify the claim on behalf of the Contractor."

(3) The certification may be executed by any person authorized to bind the Contractor with respect to the claim.

(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Con-tractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Con-tracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the de-cision will be made.

(f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in 41 U.S.C. chapter 71.

(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writ-ing, of the Contractor's specific reasons for rejecting the offer.

(h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contract-ing Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment.