SPE3S1-22-R-0012.pdf
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- Unitized Group Ration A: Amendment 0001 Federal contract opportunity
- Solicitation number
- SPE3S122R0012
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000146942
1. REQUISITION NUMBER
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER
SPE3S1-22-R-0012
5. SOLICITATION NUMBER
2022 OCT 13
6. SOLICITATION ISSUE
DATE
Noreen Killian PSPTRA9
a. NAME
Phone: 215-737-7718
b. TELEPHONE NUMBER (No Collect calls)
2022 NOV 14
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY CODE SPE3S1
DLA TROOP SUPPORT
SUBSISTENCE SUPPLY CHAIN
700 ROBBINS AVENUE
PHILADELPHIA PA 19111-5096
USA
10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
8 (A)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
311999NAICS:
SIZE STANDARD:
11. DELIVERYFOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
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. ADMINISTERED BY CODE
17a. CONTRACTOR/ CODE
OFFEROR
FACILITY
CODE
TELEPHONE NO.
18a. PAYMENT WILL BE MADE BY CODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
See Schedule
(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 TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED
SEE SCHEDULE
7. FOR SOLICITATION
INFORMATION CALL:
SEE SCHEDULE
03:00 PM
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE ADDENDUM
EDWOSB
32a. QUANTITY IN COLUMN 21 HAS BEEN
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED
COMPLETE PARTIAL FINAL
STANDARD FORM 1449 (REV. 2/2012) BACK
36. PAYMENT
PARTIAL FINAL
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY
42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42b. RECEIVED AT (Location)
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 105 PAGES
CONTINUED ON NEXT PAGE
SPE3S1-22-R-0012
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS
TABLE OF CONTENTS FOR SOLICITATION: SPE3S1-22-R-0012
CAUTION NOTICE Page 5 CONTINUATION OF THE BLOCKS FROM SF 1449 Page 8 ITEM DESCRIPTION Page 12 CONTRACT CLAUSES Page 15 52.212-4 Contract Terms and Conditions --Commercial Products Page 15 and Commercial Services Addendum to 52.212-4 Page 19 52.246-17 Warranty of Supplies of a Noncomplex Nature Page 21 52.212-3 Offer Representation and Certifications --Commercial Page 24
Products and Commercial Services 52.212-5 Contract Terms and Conditions Required to Implement Page 37
Statutes or Executive Orders --Commercial Products and Commercial Services
252.226-7001 Utilization of Indian Organizations, Indian-Owned Page 42 Economic Enterprises, And Native Hawaiian Small Business Concerns
52.208-9 Contractor Use of Mandatory Sources of Supply or Services Page 43 52.216-18 Ordering Page 44 ECONOMIC PRICE ADUSTMENT FOR UGR-A COMPONENTS Page 45 52.216-19 Order Limitations Page 49 52.216-22 Indefinite Quantity Page 49 52.246-15 Certificate of Conformance Page 50 52.203-3 Gratuities Page 50 52.211-16 Variation in Quantity Page 51 52.204-24 Representation Regarding Certain Telecommunications and Page 51
Video Surveillance Services or Equipment 52.204-25 Prohibition on Contracting for Certain Telecommunications Page 54 and Video Surveillance Services or Equipment 52.252-2 CLAUSES INCORPORATED BY REFERENCE Page 57 STATEMENT OF WORK Page 58 TECHNICAL/QUALITY DATA Page 68 SOLICITATION PROVISIONS Page 92 52.212-1 Instructions to Offerors --Commercial Items Page 92 Addendum to 52.212-1 Page 92 52.212-2 Evaluation --Commercial Products and Commercial Services Page 95 Addendum to 52.212-2 Page 96 52.215-6 Place of Performance Page 99 52.216-1 Type of Contract Page 99 5452.233-9001 Disputes - Agreement to Use Alternative Dispute Page 100 Resolution
DEFENSE LOGISTICS AGENCY DIRECTIVE (DLAD)
PROCUREMENT NOTES
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 105 PAGES
SPE3S1-22-R-0012
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)
REFERENCE
CAUTION NOTICE
This procurement is being solicited under the Federal Acquisition Regulations (FAR) part 12 as unrestricted with HUBZone price evaluation preference. Solicitation SPM3S1-22-R-0012 is for seven breakfast and eighteen lunch/dinner menus to be used in the Unitized Group Rations A (UGR-A) Program.
This is an unrestricted procurement utilizing Low Price Technically Acceptable Source Selection Procedures.
Offerors are cautioned to take extreme care when preparing proposals for this solicitation. All terms and conditions should be reviewed carefully.
The resultant contract will be effective from:
Tier 1: Date of Award through 365 Days Tier 2: Day 366 through 730 Tier 3: Day 731 through 1,095 Tier 4: Day 1,096 through 1,460 Tier 3: Day 1,461 through 1,825
There will be one award per CONUS customer location.
Alternate offers/pricing will NOT be accepted. One offer per contractor is permitted.
Offerors are cautioned to include a completed copy of the provision 52.212-3 Offeror Representations and Certifications-Commercial Items, with their offer.
The Government may utilize a Reverse Auction contained at Provision 52.215-9023, under this solicitation.
Proposals submitted are considered proprietary and/or competition sensitive in nature. Use of the information provided in the proposals is for evaluation purposes only and will be limited to duly accredited officials of the Department of Defense who are subject to penalties for unlawful disclosure.
THE GOVERNMENT INTENDS TO AWARD TO THE RESPONSIBLE OFFEROR THAT CONFORMS
TO THE SOLICITATION REQUIREMENTS, IS FOUND TO BE TECHNICALLY ACCEPTABLE AND
OFFERS THE LOWEST PRICE FOR EACH CUSTOMER LOCATION.
Please note, taking exception to any of the terms and conditions of the solicitation may deem your proposal “technically unacceptable” and possibly remove your company from consideration for award.
THIS SOLICITATION IS ISSUED ON AN “UNRESTRICTED” BASIS.
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 105 PAGES
SPE3S1-22-R-0012
CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS (FEB 2012)
FAR Part 3.1002(a) requires all government Contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, Contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A Contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the Contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733)
If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the Contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733) When FAR 52.203-13 is included in the contract, Contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.
Electronic Invoicing by Suppliers via Wide Area Workflow (WAWF):
ALL SUPPLIERS ARE REQUIRED TO PROCESS INVOICES ELECTRONICALLY THROUGH WIDE AREA
WORKFLOW (WAWF). WAWF a secure web based system for electronic invoicing, receipt, acceptance, and property transfer. WAWF allows government vendors to submit and track invoices and receipt/acceptance documents over the web and allows government personnel to process those invoices in a real-time, paperless environment. It is also the only application that will be used to capture the Unique Identification (UID) of Tangible Items information.
WAWF is in accordance with the 2001 National Defense Authorization Act (DFARS 252.232-7003/252.232.7003 Electronic Submission of Payment Requests and Receiving Reports) which requires claims for payment under a Department of Defense Contract to be submitted in electronic form. As of March 03, 2008, DOD has issued a final rule amending the Defense Federal Acquisition Regulation supplement (DFARS) to require use of the Wide Area Workflow as the only acceptable electronic system for submitting requests for payment (invoices and receiving reports) under DOD contracts. For access to the WAWF system, please go to the following website: https://wawf.eb.
mil.
The following attached forms require information to be furnished by each offeror
Any questions may be directed to the Contracting Officer, Noreen Killian at Noreen.killian@dla.mil
1. Complete Standard Form 1449, 17a, 17b, 30a, b and c
2. Complete all Supplies/Prices “Schedule” sheets (Offered Prices) and Qualifications
3. Complete the CAGE Code and DUNS number spaces on this page
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 105 PAGES
SPE3S1-22-R-0012
4. Complete all of the following and any additional Offeror Representations and Certifications:
AUTHORIZED NEGOTIATORS PAGE 10X
FAR 52.212-3 OFFEROR REPRESENTATIONS
AND CERTIFICATIONS --COMMERCIAL ITEMS PAGE 25X
FAR 52.215-6 PLACE OF PERFORMANCE PAGE X101
Please submit the following identification numbers:
CAGE CODE: DUNS #: .
ALL VENDORS MUST BE REGISTERED IN THE CENTRAL CONTRACTOR REGISTER (CCR) TO
RECEIVE AN AWARD. SEE CLAUSE 52.212-4(t).
RapidGate
Many bases currently require enrollment in RapidGate and will not allow entry without RapidGate clearance. During the contract implementation period, the Contractor must contact all customer locations to determine whether enrollment in RapidGate or another security program is required for access to each location. If RapidGate or other security enrollment is required, the contractor must take all necessary steps to obtain this in time for the start of performance under this contract. Failure to have RapidGate clearance may result in a vendor being turned away from the base and being unable to complete delivery. The contractor is responsible for the additional cost for RapidGate enrollment and must ensure that a RapidGate enrolled driver is available for all deliveries. We currently estimate that RapidGate enrollment will cost about $250 per company and $200 per enrolled employee for 1 year of access to multiple locations, but the cost of RapidGate or other security enrollment may vary, so the contractor should contact RapidGate to determine its own costs. If more than one driver is required, RapidGate enrollment must be obtained for each driver. Note that enrollment can take several weeks, so an awardee that is not already enrolled must begin enrollment at the time of award notification at the latest. If difficulty or delay in enrollment in RapidGate is encountered during the implementation period, the contractor MUST contact RapidGate and/or the Security Officer at the applicable customer locations to resolve any issues with processing RapidGate enrollment so that the contractor will be able to deliver as required. For additional information regarding RapidGate, including enrollment instructions, please visit their website at www.rapidgate.com.
Please note that RapidGate is currently a requirement for access to some military bases; however, these and other locations may require enrollment in other security programs at some time in the future. In this event, the contractor is responsible for obtaining all required enrollments and clearances for each of their drivers as soon as they receive notice of such a requirement.
iRAPT FORMERLY WIDE AREA WORKFLOW
ALL SUPPLIERS ARE REQUIRED TO PROCESS INVOICES ELECTRONICALLY THROUGH THE DLA
INVOICING, RECEIPT, ACCEPTANCE, AND PROPERTY TRANSFER (iRAPT) SYSTEM formerly known as
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 105 PAGES
SPE3S1-22-R-0012
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)
WIDE AREA WORKFLOW (WAWF). iRAPT is a secure web based system for electronic invoicing, receipt, acceptance, and property transfer. iRAPT allows government vendors to submit and track invoices and receipt/ acceptance documents over the web and allows government personnel to process those invoices in a real-time, paperless environment. It is also the only application that will be used to capture the Unique Identification (UID) of Tangible Items information. iRapt is in accordance with the 2001 National Defense Authorization Act (DFARS 252.232-7003/252.232.7003 Electronic Submission of Payment Requests and Receiving Reports) which requires claims for payment under a Department of Defense Contract to be submitted in electronic form. As of March 03, 2008, DOD has issued a final rule amending the Defense Federal Acquisition Regulation supplement (DFARS) to require use of the iRAPT formerly Wide Area Workflow as the only acceptable electronic system for submitting requests for payment (invoices and receiving reports) under DOD contracts. For access to the iRAPT formerly WAWF system, please go to the following website: https://wawf.eb.mil/.
SYSTEM FOR AWARD MANAGEMENT (FORMERLY CENTRAL CONTRACTOR REGISTRATION)
The System for Award Management (SAM) is a Federal Government owned and operated free web site that consolidates the capabilities in SAM/FedReg, ORCA, and EPLS. Future phases of SAM will add the capabilities of other systems used in Federal procurement and awards processes. ALL VENDORS MUST REGISTER OR
UPDATE THEIR PROFILE IN THE “SYSTERM FOR AWARD MANAGEMENT” (SAM) DATABASE TO
BE ELIGIBLE FOR AWARD (SEE FAR CLAUSE 52.212-4(t)52.204-7). Your CAGE code must be active and there must be at least one individual listed as the Electronic Business Point of Contact (EB POC) in SAM. To register or update profile please go to the SAM website at: http://www.sam.gov.
CONTINUATION OF BLOCKS FROM SF 1449
Block 8:
http://www.sam.gov
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 105 PAGES
SPE3S1-22-R-0012
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)
OFFER DUE DATE/LOCAL TIME: November 14, 2022 @ 3:00 PM (EST) PHILADELPHIA TIME
Note: All hand carried offers are to be delivered to the Business Opportunities Office between 8:00 a.m. and 5:00 p.
m (See COVID-19 Notice below for revised location and hours), Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103, and except on the closing date of this solicitation, in which case delivery must be made by the time set for receipt of offers. Offerors using a commercial carrier service must ensure that the carrier service “hand carries” the package to the Business Opportunities Office (See COVID-19 Notice below for revised location and hours) specified above for hand carried offers prior to the scheduled closing time above. Package must be plainly marked ON THE OUTSIDE OF THE COMMERCIAL CARRIER'S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers as indicated in Block 8 of the Standard Form 1449.
Examples of “hand carried” offers include: In-person delivery by Contractor, Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier, USPS Express Mail and USPS Certified Mail.
Offerors intending to deliver offers in-person should be advised that the Business Opportunities Office (Bid Room) is located within a secured military installation. In order to gain access to the facility, an escort may be required. The escort will be an employee of the Bid Room. The following are telephone numbers for the Bid Room: (215) 737-8511, (215) 737-9044, (215) 737-7382, (215) 737-0317, or (215) 737-8556 (See COVID-19 Notice below for revised location and hours). It is the offeror's responsibility to ensure that the offers are received at the correct location at the correct time. Please allow sufficient time to complete delivery of hand carried offers. Since the length of time necessary to gain access to the facility varies based on a number of circumstances, it is recommended that you arrive at the installation at least one hour prior to the time that the solicitation closes to allow for security processing and to secure an escort.
Note: This is a suggestion and not a guarantee that you will gain access to the base if you arrive one hour before the offer is due.
COVID-19 NOTICE:
DUE TO COVID-19, THE BID ROOM WILL NOT ACCEPT ANY PROPOSAL SUBMISSIONS AND IN-
PERSON DELIVERIES BY A CONTRACTOR ARE NOT AUTHORIZED UNTIL FURTHER NOTICE. IN-
PERSON DELIVERIES MAY BE MADE BY COMMERCIAL CARRIER; HOWEVER, OFFERORS ARE
CAUTIONED THAT THE ON-BASE MAILROOM ACCEPTING THOSE DELIVERIES IS OPEN ONLY
FROM 8:00 AM ET TO 11:00 AM ET MONDAY THROUGH FRIDAY (ASIDE FROM FEDERAL
HOLIDAYS). ANY DELIVERIES RECEIVED OUTSIDE OF THOSE HOURS WILL BE REJECTED. IT IS
SOLELY THE OFFEROR'S RESPONSIBILITY TO ENSURE ITS PROPOSAL IS RECEIVED BY THE
DATE AND TIME SPECIFIED GIVEN THE LIMITATIONS OF DLA TROOP SUPPORT'S RECEIVING
OFFICE LISTED BELOW:
ATTN: NOREEN KILLIAN
DEFENSE LOGISTICS AGENCY
DLA TROOP SUPPORT
POST OFFICE BOX 56667
PHILADELPHIA, PA 19111-6667
1. Facsimile offers are not acceptable forms of transmission of initial proposals or revisions to initial proposals. E-mail offers are acceptable, and the suggested form of transmission, for submission of initial proposals. E-mail offers should be sent to the Contracting Officer, Noreen Killian (Noreen.killian@dla.mil).
2. Note: Offerors are advised that DLA Troop Support systems have certain email size and transmission limitations.
Proposal submissions must be prepared accordingly. Individual email attachments should not exceed 5MB in size, and no individual email should exceed more than 10 MB per email (multiple email submissions may be mailto:Noreen.killian@dla.mil
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 105 PAGES
SPE3S1-22-R-0012
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)
necessary). When submitting multiple emails as a submission, label each email with a number (e.g., 1 of 8), accordingly. After transmitting an email submission, offerors should confirm receipt of all emails with the intended recipients. It is an offeror's responsibility to ensure its entire proposal is received by the date and time specified; emails must be transmitted in sufficient time to ensure and confirm receipt by the Government. Offerors are advised that DLA Troop Support's email system may rely on several different servers and/or security firewalls.
As a result, there may be a lag time between the date/time stamp the offeror sends an offer via email and the date/ time stamp indicates the offer is received by the authorized email address. For the purposes of establishing the timeliness of a proposal, only the date/time indicated by the authorized email address as having been received will be used. Any offer that is received by the authorized email address with a date/time stamp after the closing date/ time of the subject solicitation will be considered late, regardless of the date/time when the email was sent or when initially received by Government servers. Late proposals will not be accepted or considered. As directed by the Contracting Officer, e-mail may also be used during discussions/negotiations, if discussions/negotiations are held, and for proposal revision(s), including Final Proposal Revision(s). The Contracting Officer, Noreen Killian (Noreen.killian@dla.mil) may receive the e- mailed proposal revisions. If and when a request for proposal revision is issued, the date and time for receipt of proposal revisions, will be designated in that request. Note:
Submission of proposals through the upload capability in DIBBs is prohibited.
NOTES:
(1) The Government reserves the right to evaluate offers and make award(s) without discussions with offerors.
Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the
Contracting Officer to be necessary.
(2) In accordance with L09 Reverse Auction (OCT 2016), the Government may utilize Reverse Auction as a pricing technique under this solicitation.
Block 15:
Delivery quantities will be provided via delivery orders issued on an as needed basis.
1. For CONUS orders, the government prefers a minimum of 21 calendar days delivery leadtime. Exceptions to this are Ft. Wainwright, AK; and Schofield, HI --these locations require a minimum leadtime of 28 calendar days.
2. For CONUS deliveries: Government Inspection and Acceptance will be performed at destination by authorized Government personnel.
3. All OCONUS delivery leadtimes are 90 calendar days. Upon receipt, OCONUS order requests will be competed amongst CONUS awardees.
4. For OCONUS shipments: Government Inspection and Acceptance will be performed by authorized Government personnel at origin. Contractor delivery may be F.O.B. Origin or F.O.B. Destination to point of embarkation, as unilaterally determined by the Government. It is the contractor's responsibility to obtain USDA Export Certification for any and all items/conditions as deemed necessary by the USDA and destination “host” nation. Any required documentation, certification/certificates must be provided in a timely manner as to avoid delays in shipment.
5. Changes and/or cancellations to delivery order(s) may be made up to 2 business days after order has been placed.
Cancellations and/or must be conveyed via email to DLA Troop Support. Contractor will be notified of all
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SPE3S1-22-R-0012
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)
cancellations and/or changes via DLA Troop Support.
6. Attachment 1 (UGR-A Customer Information) includes the complete delivery addresses, delivery hours and POCs for all locations.
Block 17A:
Offeror's assigned Data Universal Numbering System (DUNS) Number:
(If you do not have a DUNS number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors --Commercial Items (paragraph j) for information on contacting Dun and Bradstreet.)
Offeror's assigned Contractor and Government Entity (CAGE) Code:
PRIMARY COMPANY POC/NEGOTIATOR:
PHONE #:
E-MAIL ADDRESS:
FAX NUMBER:
Block 17B:
Remittance Address:
REMITTANCE WILL BE MADE TO THE ADDRESS THAT THE VENDOR HAS LISTED IN THE CENTRAL
CONTRACTOR REGISTER (CCR)SYSTEM FOR AWARD MANAGEMENT (SAM).
AUTHORIZED NEGOTIATORS:
The offeror represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposal. Please list names, titles, e-mail addresses, and telephone numbers for each authorized negotiator.
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SPE3S1-22-R-0012
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)
BLOCKS 19-24 (continued)
NOTE: Offeror shall submit their price proposal by completing the Spreadsheets entitled “Attachment 3 --Table I Pricing Spreadsheet” and “Attachment 4 --Total Module Pricing Spreadsheet.” Unit prices shall be limited to a maximum of two decimal places. Offering on every customer location is not mandatory, however, offering on all five tiers is mandatory for any location offered upon. Offering on all menus per location for all five tiers is also mandatory. Failure to offer on five tiers may be deemed as non-acceptance of the tiers and could result in rejection of the offerors' proposal for that customer location. Tier 2 will follow Tier 1 upon expiration of that period, Tier 3 will follow Tier 2 upon expiration of that period, Tier 4 will follow Tier 3 upon expiration of that period, and Tier 5 will follow Tier 4 upon expiration of that period. Deliveries may fall outside of tier effective periods. However, prices will be based on the time an order is placed, not when an order is delivered. For example, if an order is placed during tier 2, but delivery is made during tier 3, then the prices in effect for that order will be the tier 2 prices.
*ONLY ONE PRICE PER LINE ITEM (MENU) PER TIER WILL BE ACCEPTED.
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 105 PAGES
Item Description:
The following are the NSN and item descriptions for the twenty-fivefifty (25 full) menus:
8970-01-525-6344 UNITIZED GROUP RATION-A OPTION (UGR-A), 50 meals, breakfast menu 1, semi-perishable component (2 boxes), requires 8970-01-525-6726 breakfast menu 1, perishable component (1 or 2 boxes) to complete the menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6366 UNITIZED GROUP RATION-A OPTION (UGR-A), 50 meals, breakfast menu 2, semi-perishable component (2 boxes), requires 8970-01-525-6729 breakfast menu 2, perishable component (1 or 2 boxes) to complete the menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6370 UNITIZED GROUP RATION-A OPTION (UGR-A), 50 meals, breakfast menu 3, semi-perishable component (2 boxes), requires 8970-01-525-6733 breakfast menu 3, perishable component (1 or 2 boxes) to complete the menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6372 UNITIZED GROUP RATION-A OPTION (UGR-A), 50 meals, breakfast menu 4, semi-perishable component (2 boxes), requires 8970-01-525-6735 breakfast menu 4, perishable component (1 or 2 boxes) to complete the menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6377 UNITIZED GROUP RATION-A OPTION (UGR-A), 50 meals, breakfast menu 5, semi-perishable component (2 boxes), requires 8970-01-525-6739 breakfast menu 5, perishable component (1 or 2 boxes) to complete the menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6389 UNITIZED GROUP RATION-A OPTION (UGR-A), 50 meals, breakfast menu 6, semi-perishable component (2 boxes), requires 8970-01-525-6740 breakfast menu 6, perishable component (1 or 2 boxes) to complete the menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6720 UNITIZED GROUP RATION-A OPTION (UGR-A), 50 meals, breakfast menu 7, semi-perishable component (2 boxes), requires 8970-01-525-6744 breakfast menu 7, perishable component (1 or 2 boxes) to complete the menu, also requires bread and milk (ordered separately) to be nutritionally adequate
8970-01-525-6726 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, breakfast menu 1, perishable component (1 or 2 boxes), requires 8970-01-525-6344 breakfast menu 1, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6729 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, breakfast menu 2, perishable component (1 or 2 boxes), requires 8970-01-525-6366 breakfast menu 2, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6733 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, breakfast menu 3, perishable component (1 or 2 boxes), requires 8970-01-525-6370 breakfast menu 3, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6735 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, breakfast menu 4, perishable component (1 or 2 boxes), requires 8970-01-525-6372 breakfast menu 4, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6739 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, breakfast menu 5, perishable component (1 or 2 boxes), requires 8970-01-525-6377 breakfast menu 5, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6740 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, breakfast menu 6, perishable component (1 or 2 boxes), requires 8970-01-525-6389 breakfast menu 6, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6744 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, breakfast menu 7, perishable component (1 or 2 boxes), requires 8970-01-525-6720 breakfast menu 7, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6783 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 1, semi-perishable component (2 boxes), requires 8970-01-525-6813 dinner menu 1, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate
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SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)
8970-01-525-6785 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 2, semi-perishable component (2 boxes), requires 8970-01-525-6815 dinner menu 2, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6786 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 3, semi-perishable component (2 boxes), requires 8970-01-525-6816 dinner menu 3, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6789 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 4, semi-perishable component (2 boxes), requires 8970-01-525-6817 dinner menu 4, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6790 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 5, semi-perishable component (2 boxes), requires 8970-01-525-6818 dinner menu 5, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6794 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 6, semi-perishable component (2 boxes), requires 8970-01-525-6820 dinner menu 6, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate
8970-01-525-6796 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 7, semi-perishable component (2 boxes), requires 8970-01-525-6823 dinner menu 7, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6803 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 8, semi-perishable component (2 boxes), requires 8970-01-525-6825 dinner menu 8, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6804 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 9, semi-perishable component (2 boxes), requires 8970-01-525-6827 dinner menu 9, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6805 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 10, semi-perishable component (2 boxes), requires 8970-01-525-6830 dinner menu 10, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6806 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 11, semi-perishable component (2 boxes), requires 8970-01-525-6832 dinner menu 11, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6807 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 12, semi-perishable component (2 boxes), requires 8970-01-525-6849 dinner menu 12, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6809 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 13, semi-perishable component (2 boxes), requires 8970-01-525-6852 dinner menu 13, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6810 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 14, semi-perishable component (2 boxes), requires 8970-01-525-6856 dinner menu 14, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6813 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 1, perishable component (1 or 2 boxes), requires 8970-01-525-6783 dinner menu 1, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6815 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 2, perishable component (1 or 2 boxes), requires 8970-01-525-6785 dinner menu 2, semi-perishable component(2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate.
8970-01-525-6816 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 3, perishable component (1 or 2 boxes), requires 8970-01-525-6786 dinner menu 3, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6817 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 4, perishable component (1 or 2 boxes), requires 8970-01-525-6789 dinner menu 4, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6818 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 5, perishable component (1 or 2 boxes), requires 8970-01-525-6790 dinner menu 5, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6820 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 6, perishable component (1 or 2 boxes), requires 8970-01-525-6794 dinner menu 6, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate
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SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)
8970-01-525-6823 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 7, perishable component (1 or 2 boxes), requires 8970-01-525-6796 dinner menu 7, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6825 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 8, perishable component (1 or 2 boxes), requires 8970-01-525-6803 dinner menu 8, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6827 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 9, perishable component (1 or 2 boxes), requires 8970-01-525-6804 dinner menu 9, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6830 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 10, perishable component (1 or 2 boxes), requires 8970-01-525-6805 dinner menu 10, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6832 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 11, perishable component (1 or 2 boxes), requires 8970-01-525-6806 dinner menu 11, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6849 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 12, perishable component (1 or 2 boxes), requires 8970-01-525-6807 dinner menu 12, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6852 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 13, perishable component (1 or 2 boxes), requires 8970-01-525-6809 dinner menu 13, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-525-6856 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, dinner menu 14, perishable component (1 or 2 boxes), requires 8970-01-525-6810 dinner menu 14, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-586-3289 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, short order dinner menu 1, semi-perishable component (2 boxes), requires 8970-01-586-3288 short order dinner menu 1, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-586-3288 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, short order dinner menu 1, perishable component (1 or 2 boxes), requires 8970-01-586-3289 short order dinner menu 1, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-586-3291 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, short order dinner menu 2, semi-perishable component (2 boxes), requires 8970-01-586-3290 short order dinner menu 2, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-586-3290 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, short order dinner menu 2, perishable component (1 or 2 boxes), requires 8970-01-586-3291 short order dinner menu 2, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-586-3299 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, short order dinner menu 3, semi-perishable component (2 boxes), requires 8970-01-586-3292 short order dinner menu 3, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-586-3292 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, short order dinner menu 3, perishable component (1 or 2 boxes), requires 8970-01-586-3299 short order dinner menu 3, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-586-3302 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, short order dinner menu 4, semi-perishable component (2 boxes), requires 8970-01-586-3300 short order dinner menu 4, perishable component (1 or 2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate 8970-01-586-3300 UNITIZED GROUP RATION-A OPTION (UGR -A), 50 meals, short order dinner menu 4, perishable component (1 or 2 boxes), requires 8970-01-586-3302 short order dinner menu 4, semi-perishable component (2 boxes) to complete menu, also requires bread and milk (ordered separately) to be nutritionally adequate
Min/ Estimated / Max Qty. Unit of Issue
5-Year Contract Period (Total of all locations) 57,804/ 115,608/ 867,060 Full Modules
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(Includes Semi + Peri)
Customer estimates can be found on each tab of Attachment 4: Total Module Pricing Spreadsheet.
CONTRACT CLAUSES
52.212-4 Contract Terms and Conditions --Commercial Products and Commercial Services (NOV 2021)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-1 https://www.acquisition.gov/far/52.202-1
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SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)
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, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by
EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 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 https://www.acquisition.gov/far/52.232-33 https://www.acquisition.gov/far/52.232-34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B
3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
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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 line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the…
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