SPE5B1-15-Q-0002FINALFBOPost.pdf

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Form

SOW

SCHEDULE OF SUPPLIES AND SERVICES

Contractor must provide Corimec Brand Name or Equal shower and latrine trailers in accordance with Statement of Work:

Please provide pricing in the following format:

Unit price shall include material cost, shipping and all other deliverables as listed in the Statement of Work (SOW) as detailed below.

ITEM DESCRIPTION

0001 3 Toilet Containers Quantity Unit Unit Price Total Price 3 Ea

0002 5 Shower Containers Quantity Unit Unit Price Total Price 5 Ea

Total Price all Line Items:

Delivery ARO ______ Days

FOB: Destination/Inspection and Acceptance: Destination

SHIPPING INFORMATION:

SHIP TO:

DODAAC: W90C8D

W3VA 7A

HATZOR AB Main Gate NUM 2526 Kibbutz HATZOR Israel

Point of Contact for Delivery:

Please contact Mr. Daniel Shane prior to Delivery at:

Daniel Shane Commercial +49 611 143 537 4901 Cell +49 172 287 5780 e-mail Daniel.a.shane3.civ@mail.mil

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SPE5B1-15-Q-0002

SHIP TO INSTRUCTIONS:

Please follow marking instructions and use standard commercial packaging and shipping for ocean freight.

Mark each container and item with shipping address, Material Safety Data Sheet (MSDS), serial number and complete mark for information listed. Securely fasten the shipping information and MSDS to both container and items with a waterproof pouch.

Please include commercial shipping label on outside of each container with ship to and mark for Information above. Failure to do so may result in returned items.

Requested Delivery Time for all line items by 1 Apr 2015.

INSTRUCTIONS TO OFFERS:

ADDENDUM TO FAR 52.212-1

Paragraph (b) is supplemented and paragraph (c) is replaced as follows:

(b) General. The following instruction to suppliers/offerors is to ensure sufficient information necessary for the Government to fully understand and evaluate quotations is submitted.

1. QUOTATION SUBMISSIONS. Offerors shall submit their best and final offers via e-mail to the Contract Specialist, john.hamilton1@dla.mil and the Contracting Officer, thomas.dragolich@dla.mil , by the closing date and time as listed in the Combined Synopsis/Solicitation document. Offers received after the closing date and time of this solicitation will be considered late and may not be evaluated for award. The Government intends to make an award without negotiations. However, the Government reserves the right to conduct negotiations if necessary

2. QUESTIONS PERTAINING TO THE REQUEST FOR QUOTE (RFQ)/SOLICITATION. Offerors shall submit questions via e-mail to the Contract Specialist, john.hamilton1@dla.mil and the Contracting Officer, thomas.dragolich@dla.mil, no later than 3 working days before offers are due. The subject of the email shall be: “SPE5B1-15-Q-0002– Questions”. Questions shall annotate a reference to the specific solicitation element to which they pertain. All responses will be taken into consideration and answered appropriately in an amendment to the RFQ/solicitation.

3. DETAILED QUOTE INSTRUCTIONS. Quotes, questions, and comments, SHALL BE submitted in the ENGLISH language.

4. QUOTE FORMAT AND CONTENT. The suppliers/offerors quote shall contain, as a minimum, the following:

a. Section I. Signed and dated offer and acknowledgement of all RFQ/solicitation amendments plus a completed copy of the representations and certifications at FAR 52.212-3.

b. Section II. Shower and Latrine trailer information. In order for the Government to determine a supplier/offeror to be technically acceptable of providing a Shower and Latrine trailer that meet the Government requirement/specification, the following information shall be submitted:

Manufacturer, model number and year.

Specifications that meet or exceed the specifications listed in the Statement of Work. Include brochures and other literature where applicable.

Trailer delivery schedule - days Total Order Price – Sum of all total unit prices

c. Section III. Price. This section shall contain the quoted price.

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mailto:john.hamilton1@dla.mil

d. Section IV. Past Performance will be evaluated in accordance with FAR 15.304. Past Performance will be determined by the Contracting Officer through a review of the applicable automated systems as well as government records of prior performance under similar acquisitions. In the case of a vendor without relevant past performance, the vendor will not be evaluated favorably or unfavorably on past performance.

(c) Period for Acceptance of Quotes/Offers. The suppliers/offerors agree to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of quotes/offers.

END OF ADDENDUM

FAR 52.212-2 EVALUATION:

The Government will award a contract resulting from this Request for Quote/solicitation under FAR Part 12 and 13.5 to the responsible offeror whose quote conforms to the Request for Quote/solicitation and whose quote represents the best value to the Government using a lowest price technically acceptable source selection process. Award will be made on the basis of the lowest evaluated price meeting the technical acceptability standards. Technical acceptability, which includes past performance, will be based on a supplier submitting a quotation that demonstrates the supplier’s ability to comply with all of the requirements listed in the Request for Quote/solicitation’s Statement of Work/Specifications for the Shower and Latrine trailer.

Quotes that do not conform to the requirements of the Request for Quote/solicitation may be rejected without further evaluation, deliberation, or discussion. Quotes will be evaluated for technical acceptability based on the technical acceptability standards below:

(1) Technically Acceptable: Supplier/offeror has demonstrated it can provide a Shower and Latrine trailer that meets the specifications of the RFQ/Solicitation and the supplier does not have an unacceptable past performance history.

(2) Technically Unacceptable: Supplier/offeror failed to demonstrate it can provide a Shower and Latrine trailer that meets the specifications of the RFQ/Solicitation and/or the supplier has an unacceptable past performance history.

(Examples of an unsatisfactory past performance could be performance terminations, record of providing unskilled personnel, schedule slips, etc.

Suppliers/offerors with no past performance history will not be determined unacceptable.)

Price/Options. The Government will evaluate the lowest evaluated price for each quote for award purposes by adding the total price for all contract line items within the RFQ/solicitation requirement. The Government will evaluate offers for award purposes by adding the total price for all trailers for the basic requirement.

Note: Line items 0001 and 0002 will be evaluated on an all or none basis. The total evaluated price will be the sum of the price offered for each line item. Offerors must submit a price for all items listed in the RFQ and one order will be issued for all items.

The Government intends to evaluate quotes and award a contract without discussions. Therefore, each initial quote should contain the supplier’s best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.

A written notice of award or acceptance of a quote mailed or otherwise furnished to the successful supplier within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Statement of Work

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1. DEFINITIONS

1.1. Expeditionary: Facilities or equipment of such a nature that they are intended to be quickly transported to a remote or austere area, erected or assembled, occupied or used and disassembled as needed to be relocated again. The structure has been designed to support, without any problem, efforts and loading due to handling and lifting or transport by trucks, rail or sea.

1.2. Facility: An expeditionary-type structure intended for temporary human occupancy.

May be containerized facilities or other at the contractor’s discretion and on approval by the Contracting Officer (KO). All Facilities shall include sealable full-height access doors, switchable lights, convenience electrical outlets, and heating and air conditioning sufficient to maintain interior temperature between 60F and 80 F (15C – 27 C). Structures shall be transportable by crane and fork lift equipment.

1.3. Unit: A shipping container sized building, individual container, containerized facility, modular facility, or one standard shipping container sized portion of a connected multi-sectional facility (i.e. one 20 foot standard shipping container unit).

2. TECHNICAL REQUIREMENTS: This requirement is for Corimec, Brand Name or Equal Shower and Latrine Trailers. At a minimum the trailers must meet the specifications below:

2.1. Delivery

2.1.1. Requirements: Contractor shall provide full delivery of modular units to Hatzor Airbase, Israel (address below), to include any/all processing through ports and/or customs. Contractor is responsible for any and all country clearance requirements (passports, visas, etc.) for contractor personnel to enter the country of Israel. Contractor is responsible to obtain proper clearance for personnel entering Hatzor Airbase for purposes of transportation, offloading, and placement of the units.

2.1.2. Location:

Shipping DoDAAC: W90C8D

HATZOR AB MAIN GATE NUM 2526

KIBBUTZ HATZOR ISRAEL

2.1.3 Components: Contractor shall provide all hardware, flashing, sealant, etc. necessary to connect the units together into complete and usable, weather-tight, structurally sound facilities, once delivered.

2.2. Latrines: Latrine structures will be available for separate use by male and female personnel but will be of a standard configuration. Latrine structures will have a minimum of 6 toilet stalls, 2 urinals, and 4 sinks. Contractor may present alternate configurations for the structure but must meet minimum requirements. Each toilet will include a toilet paper holder. Each toilet will be separated by partition walls and will have a single door. Each sink will have soap dispensers along with hot and cold taps with mixing valve. Each sink will have dedicated mirror. Floor drains will be provided in all latrine facilities with 4-inch (100 mm) deep seal traps.

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2.3. Showers: Shower structures will be available for use by e i t h e r male or female personnel. F ive s t ruc tu re s wi th a minimum of 6 shower stalls and 4 sinks in each structure will be provided.

Contractor may present alternate configurations for the structure but must meet minimum requirements.

Each shower facility will have a dedicated water heater. Each shower will be separated by partition walls and will have a single door or curtain. Each sink will have soap dispensers along with hot and cold taps with mixing valve. Each sink will have dedicated mirror. Floor drains will be provided in all shower facilities with 4-inch (100 mm) deep seal traps.

2.4. General Requirements:

2.4.1. Performances

Modules shall be designed and built to ensure the following minimum performances:

Floor load capacity 200 Kg/Sq.m Roof load capacity 100 Kg/Sq.m Admissible wind speed on walls: 100 Km/h.

2.4.2. Delivery of latrine and shower units for 100+ personnel.

2.4.3. The individual units will have the dimensions of standard shipping containers [width/height/length; 8ft x 8.5ft x 20ft (2.4m x 2.6m x 6.1m.)] Any dimensional variations will need to be approved by the KO.

2.4.4. Structure

2.4.4.1. Each unit shall be a self-supporting structure and will be placed on a prepared site with local water/sewer connections.

2.4.5. Flooring

2.4.5.1. The floor covering of each unit will consist of a commercial, heavy traffic PVC or heavy traffic vinyl product or other material approved by the KO.

2.4.5.2. Floors shall have a non-slip finish.

2.4.6. Walls

2.4.6.1. Paneling: Panel thickness: 50 mm. Interior side plane and Exterior side plane will be clad with paneling of at least 0,6 mm sheet thickness. Color will be white, off-white, or tan.

2.4.6.2. Exterior Color: Units will be utilized in a hot climate so exterior will be light in color to reflect heat.

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2.4.6.3. Insulation: All walls and ceilings will be insulated with fiberglass, polystyrene, or similar insulation to achieve an insulation rating of 0.40 Watts/square meter-Kelvin or better.

2.4.7. Doors and Windows: Each unit shall have exterior doors located as specified per unit type. Egress requirements will comply with NFPA 101, Chapters 7 and 38, for egress except that all exits, including grade level exit doors, exit stairs, and fire-rated exit passageways must discharge directly to the exterior to public ways. Locksets will be keyed with pin-tumbler type locks and four (4) keys will be provided for each unit as part of this contract. External door and window frames will be fitted into wall panels and complete with waterproof seals. Window shall be of sliding type opening, installed complete with removable insect screen and fitted with a frosted glass.

2.4.8. Roof: Sufficient water drainage must exist for when it rains.

2.4.9. Finishes: All finishes must be applied to the building prior to delivery. If the finishes are damaged in transit the contractor is responsible to correct these deficiencies.

3. Mechanical

3.1. HVAC: All spaces shall be exhausted in accordance with UFC 01-201-01. All units designed for occupancy shall adhere to the International Mechanical Code. Contractor will provide environmental control systems, heating, ventilation, and air conditioning (HVAC) for latrine and shower structures. HVAC shall be designed to maintain an interior temperature range of between eighteen and twenty seven degrees Celsius (18- 27o C)

3.1.1. Each unit will be at least 12,000 BTU or greater, a wall mounted split air conditioning unit with an integral dehumidification and air purifying control option. Each unit shall provide heating and cooling. All tubing/piping must be included and connected by using flared fittings. Adequate foam insulation to insulate the tubing/piping must also be included. The HVAC units shall be supplied with the appropriate filter(s) and refrigerant necessary to put the units into operation. The HVAC units shall be 220V/50Hz.

3.1.2. Latrine and shower containers will be adequately ventilated in accordance with the International Mechanical Code, Chapter 4, “Ventilation” and Chapter 5, “Exhaust Systems. A minimum of one exhaust fan per container is required.

3.2. Utilities: All facility plumbing will be in accordance with International Plumbing Code 2012.

3.2.1. Water Heaters:

3.2.2. Provide electric type commercial water heaters, minimum of one (1) for each latrine and shower unit.

This water heater must be of sufficient capacity to handle the number of shower, toilets and sinks in each unit.

At a minimum 50 liters capacity for toilet unit and 500 liters capacity for shower unit. Store water at 60° C.

Provide a thermostatic mixing valve to deliver water to fixtures at 49° C.

3.2.2.1. Each will have a capacity equal to two thirds of the calculated load.

3.2.2.2. All water heaters are required to have an automatic thermostat.

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3.2.2.3. All water heaters are required to be 220V/50Hz.

3.2.2.4. All water heaters are required to have over heat protection.

3.2.2.5. All water heaters are required to have a temperature pressure relief valve

(TPR) piped down through the floor and sealed around it.

3.2.2.6. The water heater should be properly bonded to all metal water carrying parts within the container they are located/feeding and grounded to the main electrical panel’s ground buss bar.

3.3. Water and Plumbing: Corimec or Equal or as below:

3.3.1. Water/Sewer: Each latrine unit shall have a single water connection and a single sewage drain line connection.

3.3.2. Piping:

3.3.2.1. Thrust restraint for all pressurized pipe shall be provided by mechanical restraint or thrust blocks.

3.3.2.2. Exposed piping attached to or near fixtures or equipment, or subject to high heat or frequent washing, must be copper, brass, or chromium plate. Prime other exposed piping with paint suitable for metal surfaces and finish- paint with color to match background. Arrange piping runs to minimize interference with personnel and equipment.

3.3.2.3. Above ground sanitary piping shall be PVC pipe with solvent cements or no-hub cast iron piping systems.

3.3.2.4. Above ground water piping shall be surface mounted schedule 80 chlorinated polyvinyl chloride (CPVC) pipe with solvent cements, copper with sweat fittings or schedule 40 galvanized steel piping.

Protect all surface mounted piping with aluminum jacketing for CPVC piping. Copper or galvanized piping requires no jacketing. Entire water system will be insulated to guard against heat loss and condensate formation.

3.3.2.5. Water service to include a backflow preventer and shutoff valves.

3.3.2.6. Provide a hose bib after the main shut-off to facilitate draining of interior piping for repair.

3.3.3. Plumbing fixtures: Plumbing fixtures shall be durable, commercial grade, water saving type fixtures.

Urinals and water closets shall be low or ultra-low flow type. Waterless urinals are unacceptable. All sinks shall meet UL and NSF certifications or an equivalent international or Israeli certification.

3.3.3.1 Sanitary Fittings:

-wash basin -mirror for each basin

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-soap dispenser -towel hook in reinforced plastic -toilet pan and flap in ABS -toilet paper holder in reinforced plastic -Shower stall and base in ABS -Shower curtain in PVC -Mixing faucet and shower head in chromium brass

3.4. Electrical:

3.4.1. General: The electrical installation is manufactured in accordance with the Europeans provisions in force. Any type of electrical material to be used complies with IEMMEQU (IMQ) standards.

Electrical supply voltage will be 400/230 V, 3Ph+N+G, 50Hz. Power factor Cos will be approximately 0,90.

3.4.1.1. All non-current carrying metal parts shall be electrically bonded to each other to prevent any touch potential. Lavatory faucets will be metallic and shall be bonded to the water heater via a wire if non-metallic pipe is used to supply water. This will apply for the shower handles and shower head if they are metallic in nature. All bonded metallic parts shall also be grounded to the main service panel for each facility

3.4.1.2. The main service entrance rated panel board will be sized to handle the calculated demand load of the facility, rated to withstand the available fault current, include 20% spare branch circuit breakers and 10% spare capacity based on the demand load KVA.

3.4.1.3. Main service entrance panel board will have a surge protection device (TVSS) provided.

3.4.2. Power: The electrical panel for each unit will be in an easily accessible location near the exterior door. Each panel will include a minimum of 2 additional empty breaker positions covered by blanks. All facilities must be 220V/50 Hz.

3.4.2.1. All units are also required to have an exterior disconnect. Also there is to be no splicing or connections made within the wire race ways. All connections will be in approved junction boxes.

3.4.3. Power distribution cable and ducts:

All wiring shall be in flexible multi-strand copper wires, insulated with flame retardant N07- VK type (as per standard CEI 20-22 II marked IMQ).

According to the EEC Norms, following sections are provided:

-From Junction box to panel board 6.0 sq.mm.

-Water heater line 2.5-4.0 sq.mm.

-Service outlets line 2.5 sq. mm.

-Lighting and extractor fans circuit 1.5 sq. mm.

-HVAC power line (Option) 2.5 sq.mm.

Wiring shall run in rigid galvanized metallic conduits with threaded fittings, surface mounted with the suitable collars fixed to walls and ceiling with self tapping screws.

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Junction boxes and appliance housings shall be in rigid PVC with an insulation rating meeting or exceeding the requirements of applicable standards.

3.4.3.7. Grounding: All facilities shall be grounded per the IEC 60364. Building grounding will consist of driven ground rods near the service entrance panel to result in a maximum of 25 ohms of ground resistivity measured after 3 days of dry weather. The neutral will be bonded to the ground at the service entrance panel. Each electric appliance installed, the service outlets included, is connected to the grounding system by means of adequate cable, yellow/green color, having the same section of the phase duct.

3.4.4. External connection:

Provide a junction box, IP 54 protection rate, containing no. 5 terminal blocks (3 Ph + Neutral + Ground) of suitable current rating for the connection to the external network.

The junction box shall have a cable gland suitable to 5 x 6 sq.mm. section cable.

3.4.5. Electrical panel board:

Shall be made of molded self-extinguishing PVC with, IP 54 protection rate, located at a wall near the entrance door containing, at a minimum, the following:

-No. 1 main differential thermo-magnetic 4 x 32A circuit breaker -No. 1 thermo-magnetic 2 x 16A circuit breaker for water heater line (toilet unit) or No 1 thermo-magnetic 4 x 16A circuit breaker for water heater line protection (Shower unit) -No. 1 thermo-magnetic 2 x 16A circuit breaker for service outlets line -No. 1 thermo-magnetic 2 x 10A circuit breaker for lighting and extractor fans -No. 1 thermo-magnetic 2 x 16A circuit breaker for the HVAC line protection

3.4.6 Service outlets:

A 110V outlet (with step down transformers to convert from 220/230v 50 cycle power) shall be installed over each sink in the shower/latrine containers. All electrical outlets shall be flush mount type. Outlets shall be Ground Fault Current Interrupter (GFCI) duplex receptacles.

A 220V-10/16A outlet, Schuko type, shall be provided for the air conditioner unit, installed at wall near the HVAC unit. The line will electrically be protected by its own circuit breaker installed in the panel board.

3.4.7. Receptacles: The receptacles will be 13-Amp duplex receptacles and must comply with IEC 60364.

Provide a single GFI receptacle near each sink in the latrine units.

3.4.8. Lighting: Lighting fixtures shall be of a quantity and arrangement to meet a luminance level of Five-hundred (500) Lux or Forty-six (46.5 fc) at one meter above the finished floor (work plane height). Lighting fixtures in latrine and shower areas shall be moisture resistant. Provide an exterior-mounted (IP55) non-incandescent lighting fixture above each exterior door.

3.4.9. Water heater power supply: The water heater shall be directly connected to the panel board, electrically protected by its own thermo-magnetic circuit breaker.

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3.4.9.1 Air conditioning power supply: HVAC unit will have a dedicated circuit line electrically protected by its own thermo-magnetic circuit breaker installed in the panel board.

3.5. Fire:

3.5.1. Detectors: Each latrine unit must have one (1) ceiling-mounted smoke detector.

All smoke detectors must be hard wired into the building and have individual battery backup power.

3.5.2. Egress Requirements: Provide egress in accordance with UFC 1-201-01.

3.5.3. Exit Signs: Provide approved exit signage (UFC 3-600-01, 2-5.2 and NFPA 101, 12.2.10).

3.5.4. Fire Suppression: Portable Fire Extinguishers must be installed in accordance to NFPA 10 in all units.

3.5.5. Each exterior wall of the building that faces an exposing building must be rated at one hour with opening protective in accordance with IBC Chapters 6, Types of Construction, and 7, Fire and Smoke Protection Features, requirements.

3.6 Marking: An identification plate is applied on the base profile of each unit, indicating model, serial number and year of production.

3.7 Painting: All surfaces are painted (after mechanical cleaning) with epoxy paints.

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

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SPE5B1-15-Q-0002

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 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.

(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.

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(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.

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C.

2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

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(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -

COMMERCIAL ITEMS (OCT 2014) FAR

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

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

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L.108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] [ X ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with Alternate I (OCT 1995) (41 U.S.C., 253g and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L.110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

[ ] (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5).

[ ] (4) 52.204-10, Reporting Executive Compensation and First - Tier Subcontract Awards (JUL 2013) (Pub. L.109-282) (31 U.S.C.

6101 note).

[ ] (5) 52.204-11, American Recovery and Reinvestment Act – Reporting Requirements (JUL 2010) (Pub. L. 111-5).

[ X ] (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contactors Debarred, Suspended, or Proposed for Debarment (AUG 2013) (31 U.S.C . 610 note ). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the shelf items).

[ ] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

[ X ] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L.

112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub, L. 110-161).

[ ] (9) 52.219-3, Notice of Total HUBZone Set-Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a).

[ ] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (11) [Reserved] [ ] (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[ ] (ii) Alternate I (NOV 2011) [ ] ( iii) Alternate II (NOV 2011) [ ] (13)(i) 52.219-7 , Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

[ ] (ii) Alternate I (OCT 1995) of 52.219-7.

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[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[ ] (14) 52.219-8, Utilization of Small Business Concerns (JUL 2013) (15 U.S.C. 637(d)(2) and (3)).

[ ] (15)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2013) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (OCT 2001) of 52.219-9.

[ ] (iii) Alternate II (OCT 2001) of 52.219-9.

[ ] (iv) Alternate III (JUL 2010) of 52.219-9.

[ ] (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r )).

[ ] (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

[ ] (18) 52.219-16, Liquidated Damages - Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

[ ] (ii) Alternate I (JUNE 2003) of 52.219-23.

[ ] (20) 52.219-25, Small Disadvantaged Business Participation Program - Disadvantaged Status and Reporting (DEC 2010) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

[ ] (21) 52.219-26, Small Disadvantaged Business Participation Program - Incentive Subcontracting (OCT 2000) (Pub. L. 03-355, section 7102, and 10 U.S.C. 2323).

[ ] (22) 52.219- 27, Notice of Total Service-Disabled Veteran-Owned Small Business Set -Aside (NOV 2011) (15 U.S.C. 657f).

[ ] (23) 52.219-28, Post Award Small Business Program Representation (JUL 2013) (15 U.S.C. 632(a)(2)).

[ ] (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 2013).

[ ] (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (JUL 2013).

[ ] (26) 52.222-3, Convict Labor (JUNE 2003) (E.O.11755).

[ ] (27) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (DEC 2013) (E.O. 13126).

[ ] (28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

[ X ] (29) 52.222-26, Equal Opportunity (MAR 2007) (E.O.11246).

[ X ] (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

[ ] (31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010 ) (29 U.S.C. 793).

[ ] (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

[ ] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496) .

[ ] (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items).

[ ] (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[ ] (37)(i) 52.223-16, EEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

[ ] (ii) Alternate I (DEC 2007) of 52.223-16.

[ X ] (38) 52.223-18, Encouraging Contractor Policy to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

[ ] (39) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d).

[ ] (40)(i) 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act (NOV 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78,108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

[ ] (ii) Alternate I (MAR 2012) of 52.225-3.

[ ] (iii) Alternate II (MAR 2012) of 52.225-3.

[ ] (iv) Alternate III (MAR 2012)…