Solicitation_191N6520Q0058.pdf

Solicitation Number 191N6520Q0058 to supply various types of vehicles (Right Hand Drive, EURO-VI) to U.S. Embassy New Delhi, India

TABLE OF CONTENTS

Section 1 - The Schedule

• SF 1449 cover sheet

• Continuation To SF-1449, RFP Number 191N6520Q0058, Prices, Block 23

• Continuation To SF-1449, RFP Number 191N6520Q0058, Schedule Of

Supplies/Services, Block 20 Description/Specifications/Work Statement

Section 2 - Contract Clauses

• Contract Clauses

• Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in

Part 12

Section 3 - Solicitation Provisions

• Solicitation Provisions

• Addendum to Solicitation Provisions - FAR and DOSAR Provisions not

Prescribed in Part 12

Section 4 - Evaluation Factors

• Evaluation Factors

• Addendum to Evaluation Factors - FAR and DOSAR Provisions not

Prescribed in Part 12

Section 5 - Representations and Certifications

• Offeror Representations and Certifications

• Addendum to Offeror Representations and Certifications - FAR and DOSAR

Provisions not Prescribed in Part 12

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 02/2012)

PREVIOUS EDITION IS NOT USABLE Computer Generated Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PAGE

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

191N6520Q0058

6. SOLICITATION ISSUE DATE

August 25, 2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Park Wollam

b. TELEPHONE NUMBER (No collect calls)

2419 8328

8. OFFER DUE DATE/

LOCAL TIME

September 18, 2020 /

5:00 p.m. India time

9. ISSUED BY

CODE

10. THIS ACQUISITION IS UNRESTRICTED

OR

SET ASIDE: ____ % FOR:

AMERICAN EMBASSY NEW DELHI

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

9000 NEW DELHI PL, ATTN: S/GSO

WASHINGTON DC 20521-9000

UNITED STATES

HUBZONE SMALL

BUSINESS

(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:441110

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8 (A) SIZE STANDARD:

11. DELIVERY FOR FOB DESTINAT-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO COD

E

16. ADMINISTERED BY CODE

AMERICAN EMBASSY NEW DELHI,

CUSTOMS & SHIPPING OFFICE

SHANTIPATH, CHANAKYAPURI,

NEW DELHI – 110021, INDIA

AMERICAN EMBASSY NEW DELHI

9000 NEW DELHI PL, ATTN: S/GSO

WASHINGTON DC 20521

UNITED STATES

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY

FINANCIAL MANAGEMENT OFFICER

AMERICAN EMBASSY NEW DELHI

SHANTI PATH, CHANAKYAPURI,

NEW DELHI 110021

INDIA

CODE

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

OFFER

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

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

New, Right hand drive, Euro–VI or higher, Passenger Van, 14-seater (13+1). Toyota Hiace high roof, long body or equivalent described in the specifications.

New, Right hand drive, Euro–VI or higher, Passenger

Van, 9–seater (8+1), with cargo space.

Toyota Hiace log body or equivalent described in the specifications.

each each

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

25. ACCOUNTING AND APPROPRIATION DATA

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

27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

ADDENDA

ARE ARE NOT ATTACHED

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 (ONE)

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

HEREIN.

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 CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

STANDARD FORM 1449 (REV. 2/2012) BACK

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

33. SHIP NUMBER 34. VOUCHER

NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

PARTIAL FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO. 40. PAID BY

41.a. 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

JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION

ACT OF 2010 NOTICE: UNLESS A WAIVER OR EXCEPTION APPLIES,

PAYMENTS SUBSEQUENT TO THIS PROCUREMENT ARE SUBJECT

TO AN EXCISE TAX OF 2% PERSUANT TO 26 U.S.C. 5000C.

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER 191N6520Q0058

PRICES, BLOCK 23

I. SCOPE OF SERVICES

U.S. Embassy New Delhi requires various types of Right-Hand Drive motor vehicles with

New Delhi Euro-6 emission standards as per specifications mentioned in this RFQ. Vehicle specification must meet the salient characteristics as described in below or otherwise equivalent.

1. TYPE OF CONTRACT

This is a firm fixed price type of contract. The prices listed below shall include all expenses such as labor, materials, overhead, profit, insurance, and transportation necessary to deliver the required items to the U.S. Embassy New Delhi, India. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the contractor's failure to properly estimate or accurately predict the prices or difficulty of achieving the results required by this purchase order. Nor will the purchase order price be adjusted on account of fluctuations in the currency exchange rates.

Offerors may submit an offer for all or some of the items. Multiple awards are anticipated.

The U.S. Government intends to award contracts to the responsible company submitting an acceptable quotation at the lowest price. We intend to award based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

2. EFFECTIVE PERIOD OF PURCHASE ORDER

The purchase order shall be effective on the date of the Contracting Officer's signature and shall remain valid until all vehicles have been received and accepted by the U.S.

Government, and in accordance with Para 9 "Delivery Schedule" of this document.

3. SUPPLIES AND PRICES

The Contractor shall provide to the U.S. Government:

S No. Vehicle Description Qty

1 New, Right hand drive, Euro–VI or higher, Passenger

Van, 14-seater (13+1).

Toyota Hiace high roof, long body or equivalent described in the specifications.

2 New, Right hand drive, Euro–VI or higher, Passenger

Van, 9–seater (8+1), with cargo space. Toyota Hiace long body or equivalent described in the

In accordance with FAR 52.211-6, brand names are mentioned for information / description purposes only and are not restrictive.

Further, the Contractor shall properly perform pre-delivery inspection on the vehicles and deliver them to the location set forth in Para 10, Place of Delivery, of this solicitation. The firm fixed price shall include the vehicles, pre-delivery inspection, and transportation to their ultimate destination, certificates of origin, original manufacturer invoice, Euro–VI emission certificate in original individually for each vehicle from the manufacturer of the vehicle, operator's manuals, warranty certificates, and any other documentation mandated by the U.S.

Embassy, New Delhi in accordance with Para 5, Other Specific Requirements, of this solicitation. All manuals shall be furnished in the English language.

3.1 PRICING

The offerors shall insert their prices for the subject vehicle below. The prices shall include transportation of the vehicles to the US Embassy in New Delhi, India in accordance with

Contract Clauses, under FAR 52.247-42, C.I.F. Destination (April 1984), of this contract.

Line

Item Description Unit Quantity Unit Price Total Price

1 New, Right hand drive, Euro–VI or higher, Passenger Van, 14-seater

(13+1).

Toyota Hiace high roof, long body or equivalent described in the specifications.

Ea 7

2 New, Right hand drive, Euro–VI or higher, Passenger Van, 9–seater

(8+1), with cargo space.

Toyota Hiace long body or equivalent described in the

Ea 1

Total

GST (applicable on local supplier)

Grand Total

*The shipping and Insurance prices up to Inland Container Depot (ICD) Tuglakabad (Indian

Customs) in Delhi shall be included with unit prices

GOODS AND SERVICE TAX (GST)

Goods and Service Tax (GST) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to GST is CLIN 1 to 2; this percentage is multiplied only against that portion.

NOTE: The offerors shall quote prices for the subject vehicles without the customs duties and/or taxes normally charged by the Government of India. The American Embassy in New

Delhi will be obtaining the necessary customs and tax exemption documentation and arranging for duty free clearance of the vehicles imported into India, in accordance with Para-

11, Customs Clearance and Tax Exemptions, of this order.

3.2 CURRENCY

Overseas – All prices in US Dollars. Advance payments are not authorized.

Local – All prices in INR. Advance payments are not authorized.

4. COMPLIANCE WITH SPECIFICATIONS

The offerors shall submit with their offer, for the proposed vehicles model, a detailed matrix indicating that the specifications of the offered vehicle are in compliance with the required minimum specifications set forth in Description/Specifications/Work

Statement of this RFQ. Any deviations to the required minimum specifications shall be clearly stated in the remark’s column of the matrix. Product literature and/or catalog shall be provided as supplement to the specification data of the proposed vehicles model.

5. OTHER SPECIFIC REQUIREMENTS

The Contractor shall comply with any specific vehicle import requirements mandated by the destination country.

i. The Contractor shall provide all the necessary documentation required by the destination country for import of the proposed vehicles – Manufacturer’s Invoice, EURO–VI emission certificate in original individually for each vehicle and it must be from the manufacturer of the vehicle.

ii. The invoice must reflect the seating capacity and color of the vehicle and whether diesel or petrol.

iii. Seller is responsible for all the shipping and handling, duties, insurance, storage, demurrages (occurring due to seller’s negligence and inappropriate documentation etc.) charges to pay and accepts risk of loss of goods. The inland Haulage from the port of Mumbai to the dry container yard in New Delhi must be pre-paid. The

Engine and VIN number must be mentioned on the bill of lading.

iv. Buyer will obtain Import permission and duties/tax exemption certificate from

Ministry of External Affair (MEA), Government of India upon getting original shipping documents include (Original Master Bill of Lading, Original House Bill of

Lading (if house bill of lading is involved) and Commercial Invoice for clearance of vehicles from ICD, New Delhi.

v. The vehicles should have original factory seating and cargo configured.

6. WARRANTY

The Contractor agrees that the vehicles furnished under this contract shall be covered by the most favorable manufacturer's commercial warranty the Contractor gives to any customer for such vehicles and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

The Contractor shall provide a copy in English of the applicable manufacturer's commercial warranty, with each vehicle covered by such a warranty, at no additional cost to the

Government.

a) Warranty terms: ____months, or _________Km, whichever comes first (to be inserted by the offeror).

b) Period of availability of repair parts: _____years (to be inserted by the offeror).

7. PREPARATION FOR DELIVERY OF VEHICLES

The vehicles shall be supplied in drive-away condition, to include all fluid levels in normal operating ranges.

8. MARKING AND SUBMISSION OF DOCUMENTS

8.1 All vehicles and associated documents shall be labeled and marked for, and the shipping documents, including original bill(s) of lading, the certificates of origin or vehicle titles, and a copy of the commercial invoice(s), shall be submitted by courier or international courier to the consignee's following address:

American Embassy

Shantipath, Chanakyapuri, New Delhi – 110021, India

Kind Attention – Mr. John Kalinowski, S/GSO

Noting for Bill of Lading

Port of Discharge – Nhava Sheva, Mumbai

Place of Delivery – ICD/TKD, New Delhi.

Notify Party – Same as consignee.

Bill of Lading – “Express Release”.

The Engine and VIN number must be mentioned on the bill of lading.

8.2 The documents mentioned in Para 8.1 shall be submitted to the American Embassy in New Delhi, in advance, so that Embassy can obtain the necessary customs and duty exemption documentation from the Government of India for the duty free clearance of shipment prior to arrival of the vehicles at ICD in New Delhi. All communication and submittals in this regard shall be done with:

American Embassy New Delhi India

Shantipath, Chanakyapuri, New Delhi – 110021, India

Kind Attention:

Mr. Ashok Chellaramani

Procurement Agent

Tel: +91 11 24198739 E-Mail: ChellaramaniA@state.gov

9. DELIVERY SCHEDULE

All vehicles supplied from overseas shall be delivered to the Customs facilities in Inland

Container Depot (ICD), Tuglakabad, New Delhi within one-hundred twenty (120) calendar days after award of the contract resulting from this solicitation.

10. PLACE OF DELIVERY

The vehicles supplied from overseas shall be delivered on C.I.F. destination basis to the

Inland Container Depot (ICD), Tuglakabad, New Delhi, India, in accordance with Contract

Clauses, under FAR 52.247-42, C.I.F. Destination (April 1984), of this order.

The Contractor shall coordinate delivery of the vehicles with the following person:

Mr. Ashok Chellaramani

Procurement Agent

American Embassy New Delhi India

Tel: +91 11 24198739

E-Mail: ChellaramaniA@state.gov

11. CUSTOMS CLEARANCE AND TAX EXEMPTIONS

The American Embassy New Delhi will obtain customs clearance and duty exemption documentation, from the Government of India, in accordance with Para 8, Marking and

Submission of Documents, of this order. The set standard time frame prescribed by

Government of Pakistan for the issuance of import permission is 4-6 weeks.

12. INSPECTION, ACCEPTANCE AND PAYMENT OF VEHICLES

The inspection and acceptance of the vehicles shall be performed by the U.S. Government upon their arrival at the U.S. Embassy New Delhi in India.

The payment(s) to the Contractor shall be made through EFT within 30 days following satisfactory inspection and acceptance of the vehicles, submission of legitimated invoice to mailto:ChellaramaniA@state.gov mailto:ChellaramaniA@state.gov

Financial Management Office (FMO) along with proof of delivery and upon presentation of the certificates of origin or vehicle titles to the American Embassy New Delhi.

13. SUBMISSION OF INVOICES

Contractor/vendor shall submit two invoices – each invoice shall include invoice number, contract number, delivery order number, date issued, brief description of supplies/services provided, quantities, unit and total price, and signed by the signing authority. One copy clearly marked DUPLICATE copy for GSO.

One original invoice to Financial Management Officer (FMO), at address given below:

American Embassy New Delhi

Shantipath, Chanakyapuri, Attn: FMO

New Delhi – 110021

India

Also submit electronic/scanned invoice to dedicated email box

FMCDBOInbox@state.gov

14. PERIOD FOR ACCEPTANCE OF OFFERS

The offeror agrees to hold the prices in its offer firm for ninety (90) calendar days from the date specified for receipt of offers.

NOTE: This is an addendum to Section 2, Clauses under FAR 52.212-1 "Instructions to

Offerors - Commercial Items (OCT 2018)", Paragraph (c) "Period for acceptance of offers", of the solicitation No. 191N6520Q0058.

15. CHOICE OF LAW

This purchase order shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Civilian Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

16. ACQUISITION METHOD

The Government is conducting this acquisition using the simplified acquisition procedures in Part 13 of the Federal Acquisition Regulation (FAR). If the dollar amount exceeds the simplified acquisition threshold, then the Government will be using the test program for commercial items authorized by Subpart 13.5 of the FAR.

mailto:FMCDBOInbox@state.gov

17. PLACE OF PERFORMANCE

The Contractor's place of performance for this contract is:

18. OFFER SUBMISSION

The date set for receipt of proposals is 18 September 2020 at 05:00 PM, India

Time. No proposal will be accepted after this time.

The offer should be submitted electronically at – Newdelhibids@state.gov with subject line “RFQ Number 191N6520Q0058 for Supply of Vehicles to U. S.

Embassy New Delhi”.

19. DUNS, NCAGE AND SAM REGISTRATION

The Government requires an offeror to have a current DUNS Number, NCAGE Code, and register in the System for Award Management (SAM) (www.sam.gov) prior to award of a contract with the US Government. It is the responsibility of the offeror to comply and register. If you currently do not have a DUNS, NCAGE, or SAM registration, information is provided below to assist you.

For registering with SAM you would need NCAGE number and DUNS number. Please get these numbers and then apply for SAM registration.

For DUNS number follow the link - http://fedgov.dnb.com/webform

For NCAGE number follow the link -https://eportal.nspa.nato.int/AC135Public/CageTool/home

To register an entity in SAM, follow these steps:

Step 1: Access the SAM online registration at www.sam.gov

Step 2: Create a User Account.

Step 3: Click on "Register New Entity" from the left side navigation pane. You must have a

Data Universal Numbering System (DUNS**) number in order to begin the registration process.

Step 4: Complete and submit the online registration. If you already have the necessary information on hand, the online registration takes approximately 30 minutes to complete, depending upon the size and complexity of your entity.

mailto:Newdelhibids@state.gov http://www.sam.gov/ http://fedgov.dnb.com/webform https://eportal.nspa.nato.int/AC135Public/CageTool/home http://www.sam.gov/

CONTINUATION TO SF-1449

RFQ NUMBER 191N6520Q0058

Schedule Of Supplies/Services, Block 20

Description/Specifications/Work Statement

VEHICLE SPECIFICATIONS

I. Genuine &h Leather, *Only with Select Models.

Passenger Van, high roof, long body

▪ Model year 2020

▪ Van, 14-seater (Toyota Hiace high roof, long body or equivalent)

▪ Right Hand Drive

▪ EURO-6 Emission standards

▪ Engine: Gasoline, 6-cylinder

▪ Engine Size: 3,500 – 3,800 CC

▪ Automatic Transmission

▪ Two Wheel Drive

▪ 3,800 – 3,900 MM wheelbase

▪ Bucket seats front, vinyl or better

▪ Power outlets 12V

▪ USB ports

▪ Music system

▪ Front and rear air conditioning with climate controller switches

▪ Heated mirrors

▪ Airbags

▪ Front and rear camera with display

▪ Rear cross traffic monitor alert sensor

▪ Rear defogger

▪ All displays in English

▪ Seat belts for all seats

▪ Passenger door automatic operation

▪ Full size spare tire

NOTE: VAN MUST MEET THE SALIENT CHARACTERISTICS AS DESCRIBED ABOVE

OR OTHERWISE EQUIVALENT.

Passenger Van with Cargo space

▪ Model year 2020

▪ Van, 9-seater (Toyota Hiace long body or Equivalent)

▪ Right Hand Drive

▪ EURO-6 Emission standards

▪ Engine: Gasoline, 4-cylinder

▪ Engine Size: 3000 – 3100 CC

▪ Automatic Transmission

▪ Two Wheel Drive

▪ 3000 – 3100 MM wheelbase

▪ Bucket seats front, vinyl or better

▪ Power outlets 12V

▪ USB ports

▪ Music system

▪ Front and Rear air conditioning with climate controller switches

▪ Heated mirrors

▪ Airbags

▪ Front and rear camera with display

▪ Rear cross traffic monitor alert sensor

▪ Rear defogger

▪ All displays in English

▪ Cargo space

▪ Seat belts for all seats

▪ Passenger door automatic operation

▪ Full size spare tire

NOTE: VAN MUST MEET THE SALIENT CHARACTERISTICS AS DESCRIBED ABOVE

OR OTHERWISE EQUIVALENT.

QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The

QASP provides a method for the Contracting Officer's Representative (COR) to monitor

Contractor performance, advise the Contractor of unsatisfactory performance, and notify the

Contracting Officer of continued unsatisfactory performance. The Contractor, not the

Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.

Performance Objective Performance Threshold

Performs all furnish and delivery services set forth in the scope of work.

All required items are delivered on time and of very good quality and in new and unused condition.

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (OCT

2018), is incorporated in full text.

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The

Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the

Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of

Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g.,use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR52.233-1, 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 FAR52.202-1, 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.

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(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, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its

TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause

(e.g.,52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award

Management), or applicable agency procedures.

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31

U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at

5CFR Part1315.

(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

5CFR Part1315.

https://acquisition.gov/content/52232-33-payment-electronic-funds-transfer-system-award-management#i1050674 https://acquisition.gov/content/52232-34-payment-electronic-funds-transfer-other-system-award-management#i1050705 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(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-

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

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

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

4. (D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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(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.

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(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the

Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

Government takes physical possession.

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

(p) Limitation of liability. Except as otherwise provided by an express warranty, the

Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter

37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C.

4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly

American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The StandardForm1449.

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(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) 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 entity 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:

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

(ii) 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 mechanism

(e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the

Government or any Government authorized end user to such clause.

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

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders-Commercial Items (Jun 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section

1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws

108-77 and 108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June

2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020)

(41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-

117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020)

(31 U.S.C. 6101note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020)

(15 U.S.C.657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020)

(15 U.S.C.644).

__ (ii) Alternate I (Mar 2020).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020)

(15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018)

(15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020)

(15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting 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 (Mar 2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar

2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (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

(Mar 2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar

2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies

(Jan 2020) (E.O.13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020)

(29 U.S.C.793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) (E.O. 13496).

X (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019)

(22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

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