RFQ SOL-OAA-11-000114 .pdf

Issuing Date: September 1, 2011

Closing Date: September 9, 2011

Closing Time: 11:59 P.M., Eastern Standard Time

TO: Prospective Offeror

SUBJECT: Request for Quotation No. SOL-OAA-11-000114

20,000 Kitchen Sets

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, in conjunction with FAR 13.5, as applicable, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

This is a procurement of 20,000 kitchen sets for the United States Agency for International

Development (―USAID‖). USAID intends to award a firm fixed-price purchase order for the

Office for Disaster Assistance (―OFDA‖) in the Bureau for Democracy, Conflict and

Humanitarian Assistance (―DCHA‖).

This solicitation is being issued as a small business set-aside. The North American Industry

Classification System (―NAICS‖) code for this acquisition is 332214—Kitchen Utensils, Pot, and

Pan Manufacturing. The small business size standard is 500 employees.

Offerors must be registered in the Central Contractor Registration (―CCR‖) database before an award can be made to them (www.ccr.gov).

Offerors must present their representations and certifications, upon request, through the Online

Representation and Certifications Application (―ORCA‖) (http://orca.bpn.gov). The selected

Offeror must submit a completed copy of FAR 52.212-3, ―Offeror Representations and

Certifications—Commercial Items.‖

Authorized Geographic Code: The Authorized Geographic Code for this procurement is 000—

United States of America.

Source Selection

Pursuant to FAR 15.101-2, ―Lowest price technically acceptable source selection process,‖ award will be made to the Offeror submitting the lowest evaluated price that meets or exceeds the technical acceptability standards.

Technical capability may be evaluated by how well the proposed products meet the minimum required technical specifications set forth in this RFQ.

Instructions to Offerors

Offerors are advised that FAR 52.212-1, ―Instructions to Offerors—Commercial Items,‖ and FAR

52.212-4, ―Contract Terms and Conditions—Commercial Items,‖ apply to this acquisition.

Submitted Quotations Must Include the Following

1. A completed and signed Standard Form 1449. The Standard Form 1449 is enclosed as an attachment.

2. A statement regarding your organization‘s ability to satisfy the terms and conditions of the RFQ.

3. Information that demonstrates how the proposed product(s) meet or exceed the minimum specifications set forth in this RFQ (e.g., brochures, product literature, technical features, and any applicable warranty provisions). The quote must specifically address whether the proposed products meet the material specifications of the items.

4. The offeror must provide supporting documentation specifying the type of metal used in the fabrication of the Kitchen Set. The offeror must provide the name, address and telephone number of the manufacturer‘s facility. This can be accomplished as an attachment to the SF-1449.

5. A completed and signed copy of the provision provided in FAR 52.212-3, ―Offeror

Representations and Certifications—Commercial Items.‖

6. How the goods will be packaged (see section 3.0 last paragraph).

Please provide your quotation and additional documentation for the attached Request for Quotation

(―RFQ‖) and submit them by e-mail to rreed@usaid.gov at your earliest convenience, but not later than 11:45 P.M. Eastern Standard Time, September 9, 2011. Quotations must reference RFQ

No. SOL-OAA-11-000114. Quotations must remain valid for a minimum of 60 days.

Issuance of this solicitation does not constitute an award commitment on the part of USAID, nor does it commit USAID to pay for costs incurred in the preparation and submission of a proposal.

If you have any questions, please send them via e-mail to Renee Reed at the above e-mail address. Questions must be submitted no later than 2P.M. Eastern Standard Time on

September 7, 2011.

Sincerely, /s/

Renee Reed

Contracting Specialist

USAID Office of Acquisition & Assistance

M/OAA/DCHA/DOFDA, SA-44 524-K

1300 Pennsylvania Avenue

Washington, D.C. 20523-7100

U.S. Agency for International Development

M/OAA/DCHA/DOFDA x

RRB, Room 8.7.69

1300 Pennsylvania Ave., N.W.

Washington, DC 20523

FAR 52.247-30 F.O.B. Origin, Contractor’s U.S. Agency for International Development

Facility (FEB 2006) except or First Article Submission M/OAA/DCHA/DOFDA

RRM, Room 8.7.69

1300 Pennsylvania Ave., N.W.

Washington, DC 20523

1. REQUISITION NO. BPA NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. MODIFICATION NO. 5. SOLICITATION NO. 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS

UNRESTRICTED OR X SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL BUSINESS

BUSINESS

8(A)

NAICS: 332214

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED N/A

SEE SCHEDULE

X

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 CODE 16. ADMINISTRERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

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. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

001 Kitchen Set – First Article 1 Set

002 Kitchen Sets 20,000 Set

A firm fixed-price purchase order will be awarded as a result if this solicitation.

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE 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. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ COPIES 29. AWARD OF CONTRACT: REFERENCE ___________________________________ OFFER

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET DATED ________________________________. YOUR OFFER ON SOLICITATION (BLOCK

X FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

THE TERMS AND CONDITIONS SPECIFIED HEREIN. 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)

Sallie McElrath Contracting Officer

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 3/2005)

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

7. FOR SOLICITATION

INFORMATION CALL: Renee Reed 202-567-4031

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SOL-OAA-11-000114

U.S. Agency for International Development

M/FM/CFO/CMP/DCB

RRM, Room 8.7.69

RRM, Room 1300 Pennsylvania Ave., N.W Washington, DC 20523

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 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 36. PAYMENT 37. CHECK NUMBER

FOR

PARTIAL FINAL

COMPLETE PARTIAL FINAL

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. 3/2005) BACK

Attachment – Request For Quotation No. SOL-OAA-11-000114

Attachment I – Statement of Work

USAID/OFDA

OAA STATEMENT OF WORK

Procurement of 20,000 Kitchen Sets

1.0 - Introduction:

Ongoing humanitarian emergency support around the world requires the procurement of

20,000 Kitchen Sets.

2.0 – Background:

The capacity of the United States‘ Government (USG) to quickly respond to international emergencies is dependent on having commodities on hand. To accomplish this, USAID/

Office of Foreign Disaster Assistance (OFDA) maintains stockpiles of commonly requested materials. As these commodities are drawn down to fulfill emergency requests, they are replenished in preparation for the next emergency situation. There is a current need to add to our existing stockpiles of Kitchen Sets.

3.0 - Technical Requirements and Specifications:

Kitchen Sets:

OFDA specifications for the kitchen sets contents are as follows (metric equivalent packages may vary slightly):

The Kitchen Sets must be manufactured in the United States.

Material Specifications:

The type of metal, either aluminum or stainless steel, used in the fabrication of kitchen set should be one of the following types.

(1). Aluminum type Al99,0 , ISO209-1 (minimum 99% Aluminum) - Wrought aluminum and aluminum alloys – part1: chemical composition. EN602 - Aluminum and aluminum alloys-Wrought products-Chemical composition of semi products used for the fabrication of articles for use in contact with food.

(2). Stainless steel must be of the type 1.4016 (X6Cr17, 430) or of the higher quality type

1.4301 (X5CrNi18-10, 304).

-Much higher quality steel like 1.4401 or 1.4404 (CrNiMo17-12-2, 316) is not required.

For culinary grade metal specification please reference EN 10088-1, American ASTM standard grades, and French/German ISO standard grades.

The contractor must provide supporting documentation specifying the material specifications of the Kitchen Set.

Specifications per item:

1 x COOKING POT, 7L, with lid/frying pan

Capacity: 7 liters

Material: Aluminum or stainless steel, as per above material specifications

Diameter: min: 27cm max: 28cm

Thickness: Aluminum min 1.75 mm or steel min 0.8mm

Handles: 2 Aluminum or stainless steel handles, attached with strong rivets, bent up to allow a hanging bar to pass through

Lid: see ‗fry-pan‘

Edges: no sharp edges

1 x FRYING PAN, 2.5L, lid for the 7L cooking pot

Capacity: 2.5 liters

Material: Aluminum or stainless steel, as per above material specifications

Diameter: adaptable as a lid for the 7 liter cooking pot

Handle: 1 detachable aluminum or stainless steel handle

Thickness: Aluminum min 1.75mm or steel min 0.8mm

Edges: no sharp edges

1 x COOKING POT, 5L, with lid

Capacity: 5 liters

Material: Aluminum or stainless steel, as per above material specifications

Diameter: min: 22cm max: 24cm

Thickness: Aluminum min 1.75mm or steel min 0.8mm

Handles: 2 Aluminum or stainless steel handles, attached with strong rivets, bent up to allow a hanging bar to pass through

Lid: Aluminum min 1.0mm or stainless steel min 0.6mm thick with handle, as per above material specifications

Edges: no sharp edges

5 x BOWL, 1L, metallic

Capacity: 1 liter

Material: Aluminum or stainless steel, as per above material specifications

Height: 5 to 7cm

Thickness: Aluminum min 1mm or steel min 0.5mm

Edges: no sharp edges

5 x PLATE, 0.75L, metallic

Capacity: 0.75 liter

Material: Aluminum or stainless steel, as per above material specifications

Thickness: Aluminum min 1mm or steel min 0.5mm

Diameter: 24 to 25cm

Edges: no sharp edges

5 x CUP, 0.3L, metallic

Capacity: 0.3 liters

Material: Aluminum or stainless steel, as per above material specifications

Thickness: Aluminum min 1mm or steel min 0.5mm

Handle: Strongly attached with rivets or welded

Edges: no sharp edges

5 x SPOON, table, 15ml, stainless steel

Capacity: 15ml

Material: Stainless steel, as per above material specifications

Length: 20cm

Thickness: Min 1mm

Edges: no sharp edges

5 x FORK, table, 20cm, stainless steel

Material: Stainless steel, as per above material specifications

Length: 20cm

Thickness: Min 1.5mm

Edges: no sharp edges

5 x KNIFE, table, 17cm, stainless steel

Material: All stainless steel in 1 piece, as per above material specifications

Length: 17cm

Thickness: Back of the blade: 1mm, Handle: 1.5mm

Edges: no sharp edges, rounded at the end

1 x KNIFE, kitchen, 15cm stainless steel blade

Material: Stainless steel blade, wood or plastic handles

Thickness: Blade base min 1.5mm

Length: Blade min 15cm

1 x SPOON, wooden, stirring, 30cm

Material: Hard wood

Thickness: Min 10mm

Length 30cm

It is preferable that no products included in the disaster kitchen sets show a date of expiration. If expiration dates are required on any of the products, please identify the product and associated date in your quote.

4.0– Packaging/Dimensions (Kitchen Sets):

Packing:

Type: 1 carton box, outer dimensions 10.5 in x 10 in x 6 in

Material: Double White corrugation export quality cardboard box

Strength: To withstand 6m high stacking more than 48m, and 10 handlings

Seal: Tape plus 4 plastic straps of 10mm

The master containers should be palletized onto a standard 4 way skid measuring 48‖ x

40‖. The height should not exceed 46‖ in height and the skids should be able to be double-stacked in standard 20‘ and 40‘ shipping container. Each pallet must have reinforced corners to protect and prevent damage from double stacking. The pallets must be fully wrapped in plastic stretch film, with two pallet straps securing the master containers to the wooden skids.

Contractors can provide alternative packing, however, the goods shall be packaged in such a way that allows USAID to ship and distribute the kitchen sets as efficiently as possible.

The offeror shall provide packing information in their quote. This information shall include detail on how an individual kitchen set will be packed and how a pallet of kitchen sets will be packed.

5.0– Labeling/Branding:

The USAID logo and the phrase ―FROM THE AMERICAN PEOPLE‖ shall be printed on one side of both the individual Kitchen Set box and the outside Master Container box in accordance with USAID Branding requirements.

Below is the web-link for USAID Branding instructions.

White cartons should be used and two color imprints on two panels.

http://www.usaid.gov/branding/

6.0 – Schedule/ Deliverables:

The 20,000 Kitchen Sets units should be available within six weeks from the award date.

The contractor shall provide one (1) first article Kitchen Set to the USAID/OFDA

Contracting Officer Technical Representative (COTR) no later than 10 calendar days after award. The OFDA COTR will inspect the first article to ensure conformance with the specifications set forth in this solicitation. The first article shall be shipped/delivered to the following address per FAR 52.247-35 F.o.b.

Destination, within Consignee‘s Premises (APR 1984).

United States Agency for International Development

Office of Foreign Disaster Assistance

Attn: OFDA Logistics

1300 Pennsylvania Ave, NW, Room 8.7.69

Washington, D.C 20523

No later than twenty (30) calendar days after written notification of acceptance of the first article, the contractor shall have available for pickup at his/her place of manufacture the

20,000 Kitchen Sets per FAR 52.247-30 F.O.B. Origin, Contractor‘s Facility (FEB 2006).

The contractor shall give the USAID COTR reasonable notification, at least 7 days prior to pick up, that the Kitchen Sets will be ready for inspection/acceptance.

http://www.usaid.gov/branding/

The contractor shall provide the OFDA COTR with weekly updates until the order is completed. Notify OFDA Logistics of updates by telephone at (202) 712-0234 or facsimile at (202) 216-3399. Once the order is complete, the OFDA Logistics Officer will inspect the complete order before arranging transport to the OFDA warehouse.

Packaging and branding must meet the requirements established in the RFQ.

The contractor shall provide the OFDA COTR with complete packaging (palletized) information relating to:

- Weight per box pallet

- Number of Kitchen Sets per pallets and

- All relevant shipping information

The Contractor shall package the commodity in such a way that USAID branding requirements are met.

A separate contract will be awarded for transportation of the wrapped pallets. The pallets will be picked up from the Contractor‘s facility; no shipping costs are included in this purchase order.

The Contractor is responsible for any and all storage (if any) in the execution of this task order.

7.0 - Inspection and Acceptance

Inspection and acceptance of the First Article shall take place at the Government address specified under the First Article Approval clause under Section 8.0 Clauses below. Inspection and acceptance of the productions units shall take place at the contractor‘s place of manufacture.

8.0 – Payment

Upon inspection and acceptance by the OFDA Logistics officer of the 20,000 each Kitchen

Sets, the contractor shall be paid the firm fixed-price of $.______ (to be determined).

The second page of the SF 1449 (attached) shall be presented for inspection/acceptance.

Once the authorized Government Representative performs inspection and acceptance and signs at the bottom of the form, the contractor shall submit a copy of the SF 1449 to the address cited under Section 6.0 Schedule/ Deliverables for payment authorization. After the COTR certifies for payment, the invoice shall be forwarded to the payment address cited in block 18a of the SF 1449 cover page for payment processing.

9.0 – Clauses

FAR 52.209-4 FIRST ARTICLE APPROVAL—GOVERNMENT TESTING (SEPT 1989)

(a) The Contractor shall deliver one (1) each 2.6 gallon capacity water containers within 7 calendar days from the date of this contract to the Government at USAID/OFDA, 1300

Pennsylvania Avenue, NW, Room 8.7.69, Washington, DC 20523 ATTN: Mr. Robert

Demeranville for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 3 calendar days after the Government receives the first article, the Contracting

Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the

Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor—

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the

Contractor‘s expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the

Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the

Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(End of clause)

Alternate I (Jan 1997). As prescribed in 9.308-2(a)(2) and (b)(2), add the following paragraph (j) to the basic clause:

(j) The Contractor shall produce both the first article and the production quantity at the same facility.

(End of clause)

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS.

AS PRESCRIBED IN 12.301(B)(3), INSERT THE FOLLOWING CLAUSE:

CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JUNE 2010)

(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 THE CONTRACT DISPUTES ACT OF 1978, AS AMENDED

(41 U.S.C. 601-613). FAILURE OF THE PARTIES TO THIS CONTRACT TO REACH AGREEMENT ON ANY

REQUEST FOR EQUITABLE ADJUSTMENT, CLAIM, APPEAL OR ACTION ARISING UNDER OR RELATING

TO THIS CONTRACT SHALL BE A DISPUTE TO BE RESOLVED IN ACCORDANCE WITH THE CLAUSE AT

FAR 52.233-1, DISPUTES, WHICH IS INCORPORATED HEREIN BY REFERENCE. THE CONTRACTOR

SHALL PROCEED DILIGENTLY WITH PERFORMANCE OF THIS CONTRACT, PENDING FINAL RESOLUTION

OF ANY DISPUTE ARISING UNDER THE CONTRACT.

(E) DEFINITIONS. THE CLAUSE AT FAR 52.202-1, DEFINITIONS, IS INCORPORATED HEREIN BY

REFERENCE.

https://www.acquisition.gov/far/current/html/Subpart%209_3.html#wp1078477 https://www.acquisition.gov/FAR/current/html/Subpart%2012_3.html#wp1084399 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/FAR/current/html/52_233_240.html#wp1113304 https://www.acquisition.gov/FAR/current/html/52_200_206.html#wp1137572

(F) EXCUSABLE DELAYS. THE CONTRACTOR SHALL BE LIABLE FOR DEFAULT UNLESS

NONPERFORMANCE IS CAUSED BY AN OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE

CONTRACTOR AND WITHOUT ITS FAULT OR NEGLIGENCE SUCH AS, ACTS OF GOD OR THE PUBLIC

ENEMY, ACTS OF THE GOVERNMENT IN EITHER ITS SOVEREIGN OR CONTRACTUAL CAPACITY, FIRES, FLOODS, EPIDEMICS, QUARANTINE RESTRICTIONS, STRIKES, UNUSUALLY SEVERE WEATHER, AND

DELAYS OF COMMON CARRIERS. THE CONTRACTOR SHALL NOTIFY THE CONTRACTING OFFICER IN

WRITING AS SOON AS IT IS REASONABLY POSSIBLE AFTER THE COMMENCEMENT OF ANY EXCUSABLE

DELAY, SETTING FORTH THE FULL PARTICULARS IN CONNECTION THEREWITH, SHALL REMEDY SUCH

OCCURRENCE WITH ALL REASONABLE DISPATCH, AND SHALL PROMPTLY GIVE WRITTEN NOTICE TO

THE CONTRACTING OFFICER OF THE CESSATION OF SUCH OCCURRENCE.

(G) INVOICE.

(1) THE CONTRACTOR SHALL SUBMIT AN ORIGINAL INVOICE AND THREE COPIES (OR ELECTRONIC

INVOICE, IF AUTHORIZED) TO THE ADDRESS DESIGNATED IN THE CONTRACT TO RECEIVE INVOICES.

AN INVOICE MUST INCLUDE—

(I) NAME AND ADDRESS OF THE CONTRACTOR;

(II) INVOICE DATE AND NUMBER;

(III) CONTRACT NUMBER, CONTRACT LINE ITEM NUMBER AND, IF APPLICABLE, THE ORDER NUMBER;

(IV) DESCRIPTION, QUANTITY, UNIT OF MEASURE, UNIT PRICE AND EXTENDED PRICE OF THE ITEMS

DELIVERED;

(V) SHIPPING NUMBER AND DATE OF SHIPMENT, INCLUDING THE BILL OF LADING NUMBER AND

WEIGHT OF SHIPMENT IF SHIPPED ON GOVERNMENT BILL OF LADING;

(VI) TERMS OF ANY DISCOUNT FOR PROMPT PAYMENT OFFERED;

(VII) NAME AND ADDRESS OF OFFICIAL TO WHOM PAYMENT IS TO BE SENT;

(VIII) NAME, TITLE, AND PHONE NUMBER OF PERSON TO NOTIFY IN EVENT OF DEFECTIVE INVOICE;

AND

(IX) TAXPAYER IDENTIFICATION NUMBER (TIN). THE CONTRACTOR SHALL INCLUDE ITS TIN ON

THE INVOICE ONLY IF REQUIRED ELSEWHERE IN THIS CONTRACT.

(X) ELECTRONIC FUNDS TRANSFER (EFT) BANKING INFORMATION.

(A) THE CONTRACTOR SHALL INCLUDE EFT BANKING INFORMATION ON THE INVOICE ONLY IF

REQUIRED ELSEWHERE IN THIS CONTRACT.

(B) IF EFT BANKING INFORMATION IS NOT REQUIRED TO BE ON THE INVOICE, IN ORDER FOR THE

INVOICE TO BE A PROPER INVOICE, THE CONTRACTOR SHALL HAVE SUBMITTED CORRECT EFT

BANKING INFORMATION IN ACCORDANCE WITH THE APPLICABLE SOLICITATION PROVISION,

CONTRACT CLAUSE (E.G., 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER—CENTRAL

CONTRACTOR REGISTRATION, OR 52.232-34, PAYMENT BY ELECTRONIC FUNDS TRANSFER—

OTHER THAN CENTRAL CONTRACTOR REGISTRATION), OR APPLICABLE AGENCY PROCEDURES.

(C) EFT BANKING INFORMATION IS NOT REQUIRED IF THE GOVERNMENT WAIVED THE

REQUIREMENT TO PAY BY EFT.

(2) INVOICES WILL BE HANDLED IN ACCORDANCE WITH THE PROMPT PAYMENT ACT

(31 U.S.C. 3903) AND OFFICE OF MANAGEMENT AND BUDGET (OMB) PROMPT PAYMENT

REGULATIONS AT 5 CFR PART 1315.

(H) PATENT INDEMNITY. THE CONTRACTOR SHALL INDEMNIFY THE GOVERNMENT AND ITS OFFICERS, EMPLOYEES AND AGENTS AGAINST LIABILITY, INCLUDING COSTS, FOR ACTUAL OR ALLEGED DIRECT

OR CONTRIBUTORY INFRINGEMENT OF, OR INDUCEMENT TO INFRINGE, ANY UNITED STATES OR

FOREIGN PATENT, TRADEMARK OR COPYRIGHT, ARISING OUT OF THE PERFORMANCE OF THIS

CONTRACT, PROVIDED THE CONTRACTOR IS REASONABLY NOTIFIED OF SUCH CLAIMS AND

PROCEEDINGS.

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(I) PAYMENT.—

(1) ITEMS ACCEPTED. PAYMENT SHALL BE MADE FOR ITEMS ACCEPTED BY THE GOVERNMENT THAT

HAVE BEEN DELIVERED TO THE DELIVERY DESTINATIONS SET FORTH IN THIS CONTRACT.

(2) PROMPT PAYMENT. THE GOVERNMENT WILL MAKE PAYMENT IN ACCORDANCE WITH THE PROMPT

PAYMENT ACT (31 U.S.C. 3903) AND PROMPT PAYMENT REGULATIONS AT 5 CFR PART 1315.

(3) ELECTRONIC FUNDS TRANSFER (EFT). IF THE GOVERNMENT MAKES PAYMENT BY EFT, SEE 52.212-

5(B) FOR THE APPROPRIATE EFT CLAUSE.

(4) DISCOUNT. IN CONNECTION WITH ANY DISCOUNT OFFERED FOR EARLY PAYMENT, TIME SHALL BE

COMPUTED FROM THE DATE OF THE INVOICE. FOR THE PURPOSE OF COMPUTING THE DISCOUNT

EARNED, PAYMENT SHALL BE CONSIDERED TO HAVE BEEN MADE ON THE DATE WHICH APPEARS ON

THE PAYMENT CHECK OR THE SPECIFIED PAYMENT DATE IF AN ELECTRONIC FUNDS TRANSFER

PAYMENT IS MADE.

(5) OVERPAYMENTS. IF THE CONTRACTOR BECOMES AWARE OF A DUPLICATE CONTRACT FINANCING

OR INVOICE PAYMENT OR THAT THE GOVERNMENT HAS OTHERWISE OVERPAID ON A CONTRACT

FINANCING OR INVOICE PAYMENT, THE CONTRACTOR SHALL—

(I) REMIT THE OVERPAYMENT AMOUNT TO THE PAYMENT OFFICE CITED IN THE CONTRACT ALONG

WITH A DESCRIPTION OF THE OVERPAYMENT INCLUDING THE—

(A) CIRCUMSTANCES OF THE OVERPAYMENT (E.G., DUPLICATE PAYMENT, ERRONEOUS PAYMENT, LIQUIDATION ERRORS, DATE(S) OF OVERPAYMENT);

(B) AFFECTED CONTRACT NUMBER AND DELIVERY ORDER NUMBER, IF APPLICABLE;

(C) AFFECTED CONTRACT LINE ITEM OR SUBLINE ITEM, IF APPLICABLE; AND

(D) CONTRACTOR POINT OF CONTACT.

(II) PROVIDE A COPY OF THE REMITTANCE AND SUPPORTING DOCUMENTATION TO THE

CONTRACTING OFFICER.

(6) INTEREST.

(I) ALL AMOUNTS THAT BECOME PAYABLE BY THE CONTRACTOR TO THE GOVERNMENT UNDER

THIS CONTRACT SHALL BEAR SIMPLE INTEREST FROM THE DATE DUE UNTIL PAID UNLESS PAID

WITHIN 30 DAYS OF BECOMING DUE. THE INTEREST RATE SHALL BE THE INTEREST RATE

ESTABLISHED BY THE SECRETARY OF THE TREASURY AS PROVIDED IN SECTION 611 OF THE

CONTRACT DISPUTES ACT OF 1978 (PUBLIC LAW 95-563), WHICH IS APPLICABLE TO THE PERIOD IN

WHICH THE AMOUNT BECOMES DUE, AS PROVIDED IN (I)(6)(V) OF THIS CLAUSE, AND THEN AT THE

RATE APPLICABLE FOR EACH SIX-MONTH PERIOD 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.

(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 https://www.acquisition.gov/FAR/current/html/Subpart%2032_6.html#wp1031326

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. 3701, ET SEQ., CONTRACT WORK HOURS AND SAFETY STANDARDS ACT; 41 U.S.C. 51-58, ANTI-KICKBACK ACT OF 1986; 41 U.S.C. 265 AND 10 U.S.C. 2409 RELATING TO WHISTLEBLOWER

PROTECTIONS; 49 U.S.C. 40118, FLY AMERICAN; AND 41 U.S.C. 423 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, AND COMPLIANCE

WITH LAWS UNIQUE TO GOVERNMENT CONTRACTS 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 STANDARD FORM 1449.

(8) OTHER DOCUMENTS, EXHIBITS, AND ATTACHMENTS.

(9) THE SPECIFICATION.

(T) CENTRAL CONTRACTOR REGISTRATION (CCR).

(1) UNLESS EXEMPTED BY AN ADDENDUM TO THIS CONTRACT, THE CONTRACTOR IS RESPONSIBLE

DURING PERFORMANCE AND THROUGH FINAL PAYMENT OF ANY CONTRACT FOR THE ACCURACY

AND COMPLETENESS OF THE DATA WITHIN THE CCR DATABASE, AND FOR ANY LIABILITY

RESULTING FROM THE GOVERNMENT‘S RELIANCE ON INACCURATE OR INCOMPLETE DATA. TO

REMAIN REGISTERED IN THE CCR 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 CCR DATABASE TO ENSURE IT

IS CURRENT, ACCURATE AND COMPLETE. UPDATING INFORMATION IN THE CCR DOES NOT ALTER

THE TERMS AND CONDITIONS OF THIS CONTRACT AND IS NOT A SUBSTITUTE FOR A PROPERLY

EXECUTED CONTRACTUAL DOCUMENT.

(2)(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 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+160+141++%2818%29%20%25 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+1574+51++%2840%29%20%20AND%20%28%2840%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t49t50+2+224++%2849%29%20%20AND%20%28%2849%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/FAR/current/html/52_212_213.html#wp1179527 https://www.acquisition.gov/FAR/current/html/FormsStandard68.html#wp1186059

USED IN PERFORMING THE CONTRACT, BUT HAS NOT COMPLETED THE NECESSARY REQUIREMENTS

REGARDING NOVATION AND CHANGE-OF-NAME AGREEMENTS IN FAR SUBPART 42.12, THE

CONTRACTOR SHALL PROVIDE THE RESPONSIBLE CONTRACTING OFFICER A MINIMUM OF

ONE BUSINESS DAY‘S WRITTEN NOTIFICATION OF ITS INTENTION TO (A) CHANGE THE NAME IN THE

CCR DATABASE; (B) COMPLY WITH THE REQUIREMENTS OF SUBPART 42.12; AND (C) AGREE IN

WRITING TO THE TIMELINE AND PROCEDURES SPECIFIED BY THE RESPONSIBLE CONTRACTING

OFFICER.

THE CONTRACTOR MUST PROVIDE WITH THE NOTIFICATION SUFFICIENT DOCUMENTATION TO

SUPPORT THE LEGALLY CHANGED NAME.

(II) IF THE CONTRACTOR FAILS TO COMPLY WITH THE REQUIREMENTS OF PARAGRAPH (T)(2)(I) OF

THIS CLAUSE, OR FAILS TO PERFORM THE AGREEMENT AT PARAGRAPH (T)(2)(I)(C) OF THIS CLAUSE, AND, IN THE ABSENCE OF A PROPERLY EXECUTED NOVATION OR CHANGE-OF-NAME AGREEMENT, THE CCR 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.

(3) THE CONTRACTOR SHALL NOT CHANGE THE NAME OR ADDRESS FOR EFT PAYMENTS OR

MANUAL PAYMENTS, AS APPROPRIATE, IN THE CCR RECORD TO REFLECT AN ASSIGNEE FOR THE

PURPOSE OF ASSIGNMENT OF CLAIMS (SEE SUBPART 32.8, ASSIGNMENT OF CLAIMS). ASSIGNEES

SHALL BE SEPARATELY REGISTERED IN THE CCR DATABASE. INFORMATION PROVIDED TO THE

CONTRACTOR‘S CCR 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.

(4) OFFERORS AND CONTRACTORS MAY OBTAIN INFORMATION ON REGISTRATION AND ANNUAL

CONFIRMATION REQUIREMENTS VIA THE INTERNET AT HTTP://WWW.CCR.GOV OR BY CALLING 1-888-

227-2423 OR 269-961-5757.

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

Orders -- Commercial Items (May 2011)

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(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) (Pub. L. 108-77, 108-78).

(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:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

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(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-

252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(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 Reinvestment Act of 2009.)

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

(Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements

(Jul 2010) (Pub. L. 111-5).

(6) 52.209-6, Protecting the Government‘s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

(7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, Section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161).

(8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011)

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

(9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)

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

(10) [Reserved]

(11)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-6.

(iii) Alternate II (Mar 2004) of 52.219-6.

(12)(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.

(13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and

(3)).

(14)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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 (Jul 2010) of 52.219-9.

(15) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

(16) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

(17)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business

Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

(ii) Alternate I (June 2003) of 52.219-23.

(18) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(19) 52.219-26, Small Disadvantaged Business Participation Program—

Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside

(May 2004) (15 U.S.C. 657 f).

https://www.acquisition.gov/far/current/html/52_200_206.html#wp1141983 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_200_206.html#wp1144881 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1141649 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_200_206.html#wp1144992 https://www.acquisition.gov/far/current/html/52_207_211.html#wp1140926 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_207_211.html#wp1145644https://www.acquisition.gov/far/current/html/52_207_211.html https://www.acquisition.gov/far/current/html/52_217_221.html#wp1135955 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1135970 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136004 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136004 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136004 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136017 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136017 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136017 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136032 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136058 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136058 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136058 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136058 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136175 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136186 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136333 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136333 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136374 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136380 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136387 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009)

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

(22) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged…