Combined_Synopsis.pdf
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- W0--EQUIP MGMT SOLUTIONS, 710 Federal contract opportunity
- Solicitation number
- SP700015Q0037
- Issued by
- Defense Logistics Agency
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UP TO 48 MONTH LEASE OF 16 DEVICES
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-31 effective 19
MAR 2009, and Defense Federal Acquisition Regulation Supplement (DFARS) DCN 20090115 edition, and Defense
Logistics Acquisition Directive (DLAD) Current to Revision 5, and PROCLTR 2009-12.
This acquisition is a 100% Open Market unrestricted. The associated North American Industrial Classification System
(NAICS) code is 532420 and the small business size standard is $32.5M.
DLA Document Services Europe (Norfolk Office Group) has a requirement for the following: Up to 48 month lease of 16
MFD’s
Location: See delivery schedule attached.
Any award resulting from this solicitation will be issued on a Standard Form (SF) 1449.
All invoicing under this contract will be accomplished via Wide Area Workflow (WAWF).
The following FAR, DFARS and DLAD clauses and provisions apply to this solicitation. The clauses provisions are attached or may be accessed in full text at http://farsite.hill.af.mil/.
FAR 52.212-1: Instructions to Offerors-Commercial Items Addenda to 52.212-1; the following paragraphs are hereby deleted from this provision: (d) product samples, (e) multiple offers, and (h) multiple awards.
NOTE: To receive an award resulting from this solicitation, offerors MUST be registered in the Central Contractor Registration (CCR) database IAW FAR 52.212-1(k) and DFARS 204.1104. Registration may be completed online at:
http://www.ccr.gov/.
OFFER SUBMISSION INSTRUCTIONS – Quotes must include the following items. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award.
1. Quotations may be submitted in contractor format and shall include:
(1) Company name, address, telephone number, e-mail address, and FAX number
(2) Solicitation number
(3) Contractor DUNS Number and Commercial and Government Entity (CAGE) Code
(4) Unit Price and extended price for CLIN
(5) Technical information (as stated below under FAR 13.106-2)
(6) Signed acknowledgements of amendments (applicable only if any amendments are issued against this solicitation)
2. Contractors are required to include a copy of the FAR provision 52.212-3-Offeror Representations and Certifications- Commercial Items and DFAR 252.212-7000-Offeror Representation and Certification-Commercial Items with its proposal or may indicate completion of the representations and certifications on the internet at http://orca.bpn.gov. Failure to include the certifications along with the price proposal or to complete the certifications on the internet may result in elimination from consideration for award.
FAR 13.106-2 Evaluation of Quotations or Offers – The Government intends to evaluate quotes in response to this quotation and will award one firm-fixed priced contract to the lowest price, technically acceptable contractor whose quote represents the lowest price. Therefore, to be considered for award, contractors are required to submit descriptive product literature/technical information which clearly indicates the product offered meets the Government minimum requirements.
This information will be used to determine technical acceptability. Technical information will be evaluated for acceptability (only) on a pass/fail basis and will not be rated. Any contractor who has submitted technically acceptable product information will then have its quote evaluated for price.
FAR 52.212-4, Contract Terms and Conditions-Commercial Items, Addenda to 52.212-4 apply:
FAR 52.247-34 FOB DESTINATION
FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items; in paragraph (b) the following clauses apply: See attached.
DFARS 252.212-7001, Contract Terms and Conditions Required Implementing Statutes or Executive Orders Applicable to Defense Acquisition of Commercial Items. See attached.
All questions and inquiries should be addressed via email to the Contract Specialist POC, scott.arbegast@dla.mil and contracting officer POC, ernest.gardner@dla.mil
Offerors responding to this announcement must submit their quotation via email to: scott.arbegast@dla.mil and ernest.gardner@dla.mil. All quotes must be received by May 20, 2015 at 2:00 PM EST to be considered for award.
mailto:scott.arbegast@dla.mil mailto:scott.arbegast@dla.mil
CONTINUED ON NEXT PAGE
DLA Document Services NORFOLK Office Group seeks to enter into a contract for up to 48 months of services and equipment associated with 16 Multi-Functional Devices (MFDs) and copier machines (hereafter collectively referred to as devices) including installation and removal, full service maintenance, all consumable supplies (excluding paper), key operator training, reports, relocations, network functionality, and network security.
OUTSIDE THE CONTIGUOUS UNITED STATES (OCONUS) and limited to a 50 mile radius and within the same country (ies) of the delivery schedule.
POP: 6/1/2015 - 5/31/2019
CLIN STRUCTURE:
0001 - 0003 6/1/15 - 9/30/15 BASE YEAR FY15 4 MONTHS
1001 - 1003 10/1/15 - 9/30/16 OPTION YEAR 1 FY16 12 MONTHS
2001 - 2003 10/1/16 - 9/30/17 OPTION YEAR 2 FY17 12 MONTHS
3001 - 3003 10/1/17 - 9/30/18 OPTION YEAR 3 FY18 12 MONTHS
4001 - 4003 10/1/18 - 5/31/19 OPTION YEAR 4 FY19 8 MONTHS
5001 OPTION FOR SHORT TERM RENTALS, NOT TO EXCEED 12 MONTHS PER DEVICE. QTY: 4 DEVICES
SEE ATTACHMENTS FOR DELIVERY SCHEDULE, INSTRUCTIONS TO OFFERORS
MIPR #85805MPEM32942/1
The Contracting officer reserves the right to increase the quantity of equipment and services at the awarded unit prices listed for each CLIN, not to exceed 50% per CLIN over the first 36 months of the contract.
PAGE 3 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
SP7000-15-Q-0037
SUPPLIES/SERVICES: W074-N0D0R0710
ITEM DESCRIPTION:
CLIN 0001, 1001, 2001, 3001 & 4001
VB-3
High Volume Black and White or Color Devices:
Minimum 40 pages per minute or greater B/W and a minimum 35 pages per minute Color. 600 DPI or greater.
(Applies to all volume band 3 requirements). Estimated maximum of 20,000 copies per month for B/W and 10,000 copies per month for color
VB-3B
Networked Black and White, Multi-Functional Device.
With full Fax, Scan, Copy and Print Capabilities
QTY: 12 UNITS X 4 MONTHS = 48 EA.
MODEL # ______________________
The Contracting officer reserves the right to increase the quantity of equipment and services at the awarded unit prices listed for each CLIN, not to exceed 50% per CLIN over the first 48 months of the contract.
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .
0001 W074-N0D0R0710 48.000 EA $ ________________ $ ________________
EQUIP MGMT
SOLUTIONS, 710
PRICING TERMS: Firm Fixed Price
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 2015 SEP 30
PREP FOR DELIVERY:
SHALL BE PACKAGED STANDARD COMMERCIAL IN ACCORDANCE WITH ASTM D 3951.
CLIN 0002, 1002, 2002, 3002 & 4002
PAGE 4 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
SUPPLY/SERVICE: W074-N0D0R0710 CONT'D
VB-3
High Volume Black and White or Color Devices:
Minimum 40 pages per minute or greater B/W and a minimum 35 pages per minute Color. 600 DPI or greater.
(Applies to all volume band 3 requirements). Estimated maximum of 20,000 copies per month for B/W and 10,000 copies per month for color
VB-3D
Networked Color, Multi-Functional Device.
With full Fax, Scan, Copy and Print Capabilities
QTY: 4 UNITS X 4 MONTHS = 16 EA.
MODEL # ______________________
The Contracting officer reserves the right to increase the quantity of equipment and services at the awarded unit prices listed for each CLIN, not to exceed 50% per CLIN over the first 48 months of the contract.
0002 W074-N0D0R0710 16.000 EA $ ________________ $ ________________
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 2015 SEP 30
CLIN 0003, 1003, 2003, 3003 & 4003
DBA INSURANCE
PAGE 5 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
QTY: 1 EA.
0003 W074-N0D0R0710 1.000 EA $ ________________ $ ________________
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 2015 SEP 30
VB-3
High Volume Black and White or Color Devices:
Minimum 40 pages per minute or greater B/W and a minimum 35 pages per minute Color. 600 DPI or greater.
(Applies to all volume band 3 requirements). Estimated maximum of 20,000 copies per month for B/W and 10,000 copies per month for color
VB-3B
Networked Black and White, Multi-Functional Device.
With full Fax, Scan, Copy and Print Capabilities
QTY: 12 UNITS X 12 MONTHS = 144 EA.
MODEL # ______________________
The Contracting officer reserves the right to increase the quantity of equipment and services at the awarded unit prices listed for each CLIN, not to exceed 50% per CLIN over the first 48 months of the contract.
PAGE 6 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
1001 W074-N0D0R0710 144.000 EA $ ________________ $ ________________
This line item is an option in accordance with the terms and conditions of the solicitation/award.
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 2016 SEP 30
CLIN 0002, 1002, 2002 3002 & 4002
VB-3
High Volume Black and White or Color Devices:
Minimum 40 pages per minute or greater B/W and a minimum 35 pages per minute Color. 600 DPI or greater.
(Applies to all volume band 3 requirements). Estimated maximum of 20,000 copies per month for B/W and 10,000 copies per month for color
VB-3D
Networked Color, Multi-Functional Device.
With full Fax, Scan, Copy and Print Capabilities
QTY: 4 UNITS X 12 MONTHS = 48 EA.
MODEL # ______________________
The Contracting officer reserves the right to increase the quantity of equipment and services at the awarded unit prices listed for each CLIN, not to exceed 50% per CLIN over the first 48 months of the contract.
PAGE 7 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
1002 W074-N0D0R0710 48.000 EA $ ________________ $ ________________
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 2016 SEP 30
1003 W074-N0D0R0710 1.000 EA $ ________________ $ ________________
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
PAGE 8 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
FOB: DESTINATION DELIVERY DATE: 2016 SEP 30
VB-3
High Volume Black and White or Color Devices:
Minimum 40 pages per minute or greater B/W and a minimum 35 pages per minute Color. 600 DPI or greater.
(Applies to all volume band 3 requirements). Estimated maximum of 20,000 copies per month for B/W and 10,000 copies per month for color
VB-3B
Networked Black and White, Multi-Functional Device.
With full Fax, Scan, Copy and Print Capabilities
QTY: 12 UNITS X 12 MONTHS = 144 EA.
MODEL # ______________________
The Contracting officer reserves the right to increase the quantity of equipment and services at the awarded unit prices listed for each CLIN, not to exceed 50% per CLIN over the first 48 months of the contract.
2001 W074-N0D0R0710 144.000 EA $ ________________ $ ________________
QTY VARIANCE: PLUS 0% MINUS 0%
PAGE 9 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
FOB: DESTINATION DELIVERY DATE: 2017 SEP 30
VB-3
High Volume Black and White or Color Devices:
Minimum 40 pages per minute or greater B/W and a minimum 35 pages per minute Color. 600 DPI or greater.
(Applies to all volume band 3 requirements). Estimated maximum of 20,000 copies per month for B/W and 10,000 copies per month for color
VB-3D
Networked Color, Multi-Functional Device.
With full Fax, Scan, Copy and Print Capabilities
QTY: 4 UNITS X 12 MONTHS = 48 EA.
MODEL # ______________________
The Contracting officer reserves the right to increase the quantity of equipment and services at the awarded unit prices listed for each CLIN, not to exceed 50% per CLIN over the first 48 months of the contract.
2002 W074-N0D0R0710 48.000 EA $ ________________ $ ________________
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 2017 SEP 30
PAGE 10 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
2003 W074-N0D0R0710 1.000 EA $ ________________ $ ________________
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 2017 SEP 30
PAGE 11 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
Minimum 40 pages per minute or greater B/W and a minimum 35 pages per minute Color. 600 DPI or greater.
(Applies to all volume band 3 requirements). Estimated maximum of 20,000 copies per month for B/W and 10,000 copies per month for color
VB-3B
Networked Black and White, Multi-Functional Device.
With full Fax, Scan, Copy and Print Capabilities
QTY: 12 UNITS X 12 MONTHS = 144 EA.
MODEL # ______________________
The Contracting officer reserves the right to increase the quantity of equipment and services at the awarded unit prices listed for each CLIN, not to exceed 50% per CLIN over the first 48 months of the contract.
3001 W074-N0D0R0710 144.000 EA $ ________________ $ ________________
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 2018 SEP 30
PAGE 12 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
Minimum 40 pages per minute or greater B/W and a minimum 35 pages per minute Color. 600 DPI or greater.
(Applies to all volume band 3 requirements). Estimated maximum of 20,000 copies per month for B/W and 10,000 copies per month for color
VB-3D
Networked Color, Multi-Functional Device.
With full Fax, Scan, Copy and Print Capabilities
QTY: 4 UNITS X 12 MONTHS = 48 EA.
MODEL # ______________________
The Contracting officer reserves the right to increase the quantity of equipment and services at the awarded unit prices listed for each CLIN, not to exceed 50% per CLIN over the first 48 months of the contract.
3002 W074-N0D0R0710 48.000 EA $ ________________ $ ________________
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 2018 SEP 30
PAGE 13 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
3003 W074-N0D0R0710 1.000 EA $ ________________ $ ________________
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 2018 SEP 30
PREP FOR DELIVERY:
VB-3
High Volume Black and White or Color Devices:
Minimum 40 pages per minute or greater B/W and a minimum 35 pages per minute Color. 600 DPI or greater.
(Applies to all volume band 3 requirements). Estimated maximum of 20,000 copies per month for B/W and 10,000 copies per month for color
VB-3B
Networked Black and White, Multi-Functional Device.
With full Fax, Scan, Copy and Print Capabilities
QTY: 12 UNITS X 8 MONTHS = 96 EA.
MODEL # ______________________
PAGE 14 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
4001 W074-N0D0R0710 96.000 EA $ ________________ $ ________________
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 2019 MAY 31
VB-3
High Volume Black and White or Color Devices:
Minimum 40 pages per minute or greater B/W and a minimum 35 pages per minute Color. 600 DPI or greater.
(Applies to all volume band 3 requirements). Estimated maximum of 20,000 copies per month for B/W and 10,000 copies per month for color
VB-3D
Networked Color, Multi-Functional Device.
With full Fax, Scan, Copy and Print Capabilities
QTY: 4 UNITS X 8 MONTHS = 32 EA.
PAGE 15 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
4002 W074-N0D0R0710 32.000 EA $ ________________ $ ________________
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 2019 MAY 31
4003 W074-N0D0R0710 1.000 EA $ ________________ $ ________________
QTY VARIANCE: PLUS 0% MINUS 0%
PAGE 16 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
FOB: DESTINATION DELIVERY DATE: 2019 MAY 31
CLIN 5001
Option for Short-Term Rental Devices: VB 2B (target single VB) Not to exceed twelve (12) months per device.
VB-2
Mid Volume Black and White or Color Devices: Minimum 30 pages per minute or greater B/W and a minimum 30 pages per minute Color. 600 DPI or greater with collating and staple finishing capabilities. (Applies to all volume band 2 requirements). Estimated maximum of 10,000 copies per month for B/W and 5,000 copies per month for color.
VB-2B
Networked Black and White, Multi-Functional Device.
With full Fax, Scan, Copy and Print Capabilities.
QTY: 4 UNITS X 12 MONTHS = 48 EA.
5001 W074-N0D0R0710 48.000 EA $ ________________ $ ________________
QTY VARIANCE: PLUS 0% MINUS 0%
PAGE 17 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
FOB: DESTINATION DELIVERY DATE: 2019 MAY 31
GOVT USE
External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .
0001 0055992678 0001 N/A N/A DAPSR0710 09/30/2015
0002 0055992678 0002 N/A N/A DAPSR0710 09/30/2015
0003 0055992678 0003 N/A N/A DAPSR0710 09/30/2015
1001 N/A N/A N/A N/A DAPSR0710 09/30/2015
1002 N/A N/A N/A N/A DAPSR0710 09/30/2015
1003 N/A N/A N/A N/A DAPSR0710 09/30/2015
2001 N/A N/A N/A N/A DAPSR0710 09/30/2015
2002 N/A N/A N/A N/A DAPSR0710 09/30/2015
2003 N/A N/A N/A N/A DAPSR0710 09/30/2015
3001 N/A N/A N/A N/A DAPSR0710 09/30/2015
3002 N/A N/A N/A N/A DAPSR0710 09/30/2015
3003 N/A N/A N/A N/A DAPSR0710 09/30/2015
4001 N/A N/A N/A N/A DAPSR0710 09/30/2015
4002 N/A N/A N/A N/A DAPSR0710 09/30/2015
4003 N/A N/A N/A N/A DAPSR0710 09/30/2015
5001 N/A N/A N/A N/A DAPSR0710 09/30/2015
PAGE 18 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
Part 12 Clauses
52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2014) FAR
(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.
(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.
PAGE 19 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
SP7000-15-Q-0037
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 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
(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).
(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 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.
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(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 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 CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.
ADDENDUM TO 52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS
(Insert desired/appropriate text here)
52.212-9000 CHANGES – MILITARY READINESS (NOV 2011) DLAD
CLAUSES ADDED TO PART 12 BY ADDENDUM
52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011) FAR
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS
52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR
52.204-07 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) FAR
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SP7000-15-Q-0037
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52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) FAR
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS
252.204-7004 ALTERNATE A, SYSTEM FOR AWRD MANAGEMENT (FEB 2014) DFARS
252.204-7006 BILLING INSTRUCTIONS (OCT 2005) DFARS
252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV 2013) DFARS
52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR SUSPENSION (AUG 2013) FAR
52.211-11 LIQUIDATED DAMAGES - SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000) FAR
(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $ 1% of monthly lease per calendar day of delay [ Contracting Officer insert amount].
52.211-9000 GOVERNMENT SURPLUS MATERIAL (AUG 2014) DLAD
(c) With respect to the surplus material being offered, the Offeror represents that:
(1) The material is new, unused, and not of such age or so deteriorated as to impair its usefulness or safety.
Yes [ ] No [ ] The material conforms to the technical requirements cited in the solicitation (e.g., Commercial and Government Entity (CAGE) code and part number, specification, etc.).
Yes [ ] No [ ] The material conforms to the revision letter/number, if any is cited.
Yes [ ] No [ ] Unknown [ ] If no, the revision offered does not affect form, fit, function, or interface.
Yes [ ] No [ ] Unknown [ ] The material was manufactured by:
(Name) (Address)
(2) The Offeror currently possesses the material. Yes [ ] No [ ] If no, the Offeror must attach or forward to the Contracting Officer an explanation as to how the offered quantities will be secured. If yes, the Offeror purchased the material from a Government selling agency or other source. Yes [ ] No [ ] If yes, provide the information below:
Government Selling Agency
Contract Number
Contract Date (Month, Year)
Other Source
Address Date Acquired (Month, Year)
(3) The material has been altered or modified.
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Yes [ ] No [ ] If yes, the Offeror must attach or forward to the Contracting Officer a complete description of the alterations or modifications.
(4) The material has been reconditioned. Yes [ ] No [ ] If yes, (i) the price offered includes the cost of reconditioning/refurbishment.
Yes [ ] No [ ]; and (ii) the Offeror must attach or forward to the Contracting Officer a complete description of any work done or to be done, including the components to be replaced and the applicable rebuild standard. The material contains cure-dated components.
Yes [ ] No [ ] If yes, the price includes replacement of cure-dated components. Yes [ ] No [ ]
(5) The material has data plates attached. Yes [ ] No [ ] If yes, the Offeror must state below all information contained thereon, or forward a copy or facsimile of the data plate to the Contracting Officer.
(6) The offered material is in its original package. Yes [ ] No [ ] (If yes, the Offeror has stated below all original markings and data cited on the package; or has attached or forwarded to the Contracting Officer a copy or facsimile of original package markings.)
Contract Number National Stock Number
(NSN)
Commercial and Government Entity
(Cage) Code
Part Number Other Markings/Data
(7) The Offeror has supplied this same material (National Stock Number) to the Government before.
If yes, (i) the material being offered is from the same original Government contract number as that provided previously.
Yes [ ] No [ ]; and (ii) state below the Government Agency and contract number under which the material was previously provided:
Agency Contract Number
(8) The material is manufacturered in accordance with a specification or drawing.
If yes, (i) the specification/drawing is in the possession of the Offeror. Yes [ ] No [ ];
and (ii) the Offeror has stated the applicable information below, or forwarded a copy or facsimile to the Contracting Officer.
Yes [ ] No [ ] Specitication/Drawing
Number
Revision (if any)
Date
(9) The material has been inspected for correct part number and for absence of corrosion or any obvious defects.
If yes, (i) Material has been re-preserved. Yes [ ] No [ ];
(ii) Material has been repackaged. Yes [ ] No [ ];
(iii) Percentage of material that has been inspected is ______% and/or number of items inspected is _____; and (iv) a written report was prepared. Yes [ ] No [ ] If yes, the Offeror has attached it or forwarded it to the Contracting Officer. Yes [ ] No [ ]
(d) The Offeror agrees that in the event of award and notwithstanding the provisions of the solicitation, inspection and acceptance of the surplus material will be performed at source or destination subject to all applicable provisions for source or destination inspection.
(e) The Offeror has attached or forwarded to the Contracting Officer one of the following, to demonstrate that the material being offered was previously owned by the Government (Offeror check which one applies):
[ ] For national or local sales, conducted by sealed bid, spot bid or auction methods, a solicitation/Invitation For Bid and corresponding DLA Distribution Services 1427, Notice of Award, Statement and Release Document.
[ ] For DLA Distribution Services Commercial Venture (CV) Sales, the shipment receipt/delivery pass document and invoices/receipts used by the original purchaser to resell the material.
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[ ] For DLA Distribution Services Recycling Control Point (RCP) term sales, the statement of account or billing document.
[ ] For property sold under the exchange or sale regulation, conducted by sealed bid, auction or retail methods, a solicitation/Invitation for Bid and corresponding DLA Distribution Services Form 1427.
[ ] When the above documents are not available, or if they do not identify the specific NSN being acquired, a copy or facsimile of all original package markings and data, including NSN, Commercial and Government Entity (CAGE) code and part number, and original contract number. (This information has already been provided in paragraph (c)(6) of this clause. Yes [ ] No [ ]) [ ] When none of the above are available, other information to demonstrate that the offered material was previously owned by the Government.
Describe and/or attach.
52.215-9033 COMPETING INDIVIDUAL DELIVERY ORDERS THROUGH ON-LINE REVERSE AUCTIONING (JUL 2012) DLAD
52.216-9022 PLACEMENT OF TASK/DELIVERY ORDERS AGAINST MULTIPLE INDEFINITE DELIVERY CONTRACTS (NOV
2011) DLAD
(2) The criteria used for evaluating offers for task/delivery orders under this contract are price, past performance, and delivery. Price is of importance than (to) the other factors combined. Past performance will include performance on orders previously placed under the contract and may include performance under other contracts. In evaluating performance under previous orders, consideration will be given to delivery, quality of supplies furnished, and success in implementing any socioeconomic support programs (small business, Defense Logistics Agency (DLA) Mentoring Business Agreement, Ability One) which may be applicable to the contract.
52.217-06 OPTION FOR INCREASED QUANTITY (MAR 1989) FAR
The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days [insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.
(End of clause)
52.217-09 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) FAR
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 48 months (months) (years).
(End of clause)
52.217-9029 EXERCISE QUANTITY OPTIONS (OCT 2011) DLAD.
52.222-50 COMBATTING TRAFFICKING IN PERSONS (FEB 2009) FAR
52.232-01 PAYMENTS (APR 1984) FAR
52.232-18 AVAILABILITY OF FUNDS (APR 1984) FAR
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) DFARS
(a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
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“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol or Payweb
(1) To access PayWeb, the vendor may go to the following site: https://onronline.onr.navy.mil/payweb/
(2) For instructions on PayWeb payment request submission, please contact the office identified below:
(Contracting Officer: Insert applicable ONR Regional Office information)]
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
FIRM FIXED PRICE
Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC SL4701
Issue By DoDAAC SP7000
Admin DoDAAC SP7000
Inspect By DoDAAC
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC) SA7039
Service Acceptor (DoDAAC) SA7039
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(*Contracting Officer: Insert applicable DoDAAC information or “See schedule”
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https://onronline.onr.navy.mil/payweb/ if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
melissa.beasley@dla.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting…
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