SOL-OAA-11-000029.pdf

Issuing Date: December 22, 2010

Closing Date: December 30, 2010

Closing Time: 5:00 P.M., Eastern Standard Time

TO: Prospective Offeror

SUBJECT: Request for Quotation No. SOL-OAA-11-00029

30,000 Hygiene Kits

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 30,000 Hygiene Kits 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 424610— Plastics Materials and

Basic Forms and Shapes Merchant Wholesalers. The small business size standard is 100 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 warranty provisions). The quote must specifically address whether the proposed products meet the material specifications of the items.

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

Representations and Certifications—Commercial Items.‖

In order to expedite this request, please provide your quotation and additional documentation for the attached Request for Quotation (―RFQ‖) and submit them by e-mail to cthornton@usaid.gov at your earliest convenience, but not later than 5 P.M. Eastern Standard Time, December 30, 2010.

Quotations must reference RFQ No. SOL-OAA-11-000029. 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 James Reid at jreid@usaid.gov.

Questions must be submitted no later than 2P.M. Eastern Standard Time on December 27, 2010.

Sincerely, /s/

James Reid

Contracting Officer

USAID Office of Acquisition & Assistance

M/OAA/DCHA/DOFDA, SA44 567-5332

1300 Pennsylvania Avenue

Washington, D.C. 20523-7100

Attachment – Request For Quotation No. SOL-OAA-11-000029

Attachment I – Statement of Work

PAGE 1 OF

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 SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL BUSINESS

BUSINESS

8(A)

NAICS:

SIZE STANDARD:100

11. DELIVERY FOR FOB DESTINA-

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 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

(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 _______________ 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

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) 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:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 REQ-OFDA-11-000136

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS [·]

SOL-OAA-11-000029

James Reid 202-567-5332

U.S. Agency for International Development

M/OAA/DCHA/DOFDA x

SA44, 5th Floor, Room 516E

RRB, Room 7.09-123

1300 Pennsylvania Ave. N.W.

Washington DC 20523 x

424610

N/A N/A

X

FAR 52.247-30 F.O.B. Origin, Contractor’s Facility (FEB 2006)

U.S. Agency for International Development

M/OAA/DCHA/DOFDA

SA44, 5th Floor, Room 516E

1300 Pennsylvania Ave. N.W.

Washington DC 20523

EI@usaid.gov Point of Contact:

Mr. Dante Villanueva

202-567-5247

0001 First Article Hygiene Set 1 Set

0002 Hygiene Sets 29,999 Set

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

-- SEE CONTINUATION SHEETS --

X X x

James Reid

Contracting Officer blocked::mailto:EI@usaid.gov

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 I

STATEMENT OF WORK

Procurement of 30,000 Hygiene Kits

1.0 - Introduction:

Ongoing humanitarian support requirements around the world require the procurement of

30,000 Hygiene Kits.

2.0 – Objective/Scope:

Hygiene Kits: Involves the procurement of 30,000 disaster hygiene kits. The hygiene kits should be manufactured in the United States.

4.0 - Technical Requirements and Specifications:

Hygiene Kits: The kits should be designed to meet the needs of a typical family of five.

Design will be in accordance with the specifications issued by DCHA/OFDA, creating a durable long lasting product that meets the needs of displaced families. DCHA/OFDA specifications for the kit contents are as follows (metric equivalent packages may vary slightly):

Item Specification Quantity

Detergent Washing Powder

(commercially packaged with contents clearly marked in English)

25 ounces 1 package

Toothpaste 2.5 ounces 1 tube

Toothbrush, Nylon Bristle 30-tuft 5 each

Toilet Paper (Each roll must be sealed in plastic bag)

500 count sheets 2 rolls

Sanitary Napkins 12 count per bag 1 bag

Razor (disposable twin blade)

5 count pack 1 pack

Soap (bar) 3-ounce size 2 each

Soap Dish (plastic) Hinged lid 1 each

Shampoo (bottle must be sealed in plastic bag)

8 ounce bottle 2 each

Comb 7‖ plastic 1 each

Please consider the item quality; USAID intends to provide good quality hygiene products to families affected by disaster. Additionally, the aesthetics of packaging should be considered.

3.0 – Packaging/Dimensions (Hygiene Kits):

USAID recommends that each hygiene kit unit be boxed in a white corrugated cardboard container that meets or exceeds international a 175 pound test and measure approximately 19‖ x

8‖ x 5‖. We also recommend that six (6) hygiene kits be packaged into a white corrugated 200 pound test Master container box and packed as tightly as possible. The master containers should then 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.

Our goal to have the goods packaged in such a way that allows OFDA to ship from factory to warehouse, then to disaster site as efficiently as possible while maintaining the carton integrity. The pallets should have reinforced corners and should be shrink-wrapped in plastic.

The contractor will be required to provide the government with details of how the goods will be packaged when submitting their proposal. This will include everything from one individual hygiene kit to the individual pallet.

4.0 - Labeling (Hygiene Kits Only):

The USAID logo and the phrase ―FROM THE AMERICAN PEOPLE‖ will be printed on one side of both the individual Hygiene Kit box and the outside Master Container box.

Please see the following web-link for USAID Branding instructions.

White cartons should be used and two color imprints on two panels http://www.usaid.gov/branding/

* The logo should cover at least 50 percent of the carton panel

7.0 - Schedule, Data Items, and Other Deliverables:

The 30,000 hygiene kits are required for delivery to the F.o.b by February 1, 2011. The contractor shall provide the OFDA Cognizant Technical Officer (CTO) with updates until the order is completed.

1. The contractor shall provide one (1) first article Hygiene Kit to the USAID OFDA

COTR no later than 7 calendar days after award and prior to production of the entire order.

The OFDA COTR will inspect the first article to ensure conformance with the specifications set forth in this solicitation within three days after its delivery. 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 http://www.usaid.gov/branding/

Office of Foreign Disaster Assistance

Attn: OFDA Logistics

1300 Pennsylvania Ave, NW, Room 8.7.69

Washington, D.C 20523

2. After written notification of acceptance of the first article, the contractor shall have available for pickup at his place of manufacture the remaining 29,999 Hygiene Kits no later than February

1, 2011 per FAR 52.247-30 F.O.B. Origin, Contractor’s Facility (FEB 2006). The contractor shall give the COTR reasonable notification, at least 5 days prior to pick up, that the Hygiene

Kits will be ready for inspection/acceptance.

3. The contractor shall provide the OFDA Contracting Officer’s Technical Representative

(―COTR‖) with updates until the order is completed. Once the order is complete, the COTR will inspect the complete order before arranging transport to the OFDA warehouse. Packaging and branding must meet the requirements established in the RFQ.

4. The contractor shall provide the OFDA COTR with complete packaging (palletized) information relating to weight per box and pallet; how much commodity is packaged per pallet 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 hygiene kits. The hygiene kits shall be picked up from the Contractor’s facilities; 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.

Notify OFDA Logistics of updates at: Tel (202) 712-0234 Fax # (202) 216-3399

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

8.0 – Payment

Upon inspection and acceptance by the OFDA COTR of the 30,000 Hygiene Kits, the contractor shall be paid the firm fixed-price of $.

The contractor shall fill in the second page of the SF 1449 (attached) when s/he is ready to present production units for inspection/acceptance and shipment. Once the authorized

Government Representative performs inspection and acceptance and signs at the bottom of the form, the contractor shall submit a copy to the address cited under Clause 7.0 Schedule, Data Items, and Other Deliverables for COTR 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) complete Kitchen set within 10 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. Todd Horne 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 10 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.

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.

(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.

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

(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.

(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— https://www.acquisition.gov/FAR/current/html/52_232.html#wp1153351 https://www.acquisition.gov/FAR/current/html/52_232.html#wp1153375 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+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%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

(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).

(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 https://www.acquisition.gov/FAR/current/html/Subpart%2033_2.html#wp1079912 https://www.acquisition.gov/FAR/current/html/Subpart%2032_6.html#wp1031290 https://www.acquisition.gov/FAR/current/html/Subpart%2032_6.html#wp1031326 immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the

Government using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records.

The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the

Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall 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).

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(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 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.

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