SF_Form_1440_-_RFP_BPA_Analytical_Enhancement_Support_Services.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

FSA-AFC

Austin TX 78741 1619 East Woodward Street Austin Financial Center Bureau of the Fiscal Service

FSA-LBC CODE 16. ADMINISTERED BYCODE

X

X

541990

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORFSA-MLOTHERY

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

SMALL BUSINESS

11/16/2016 1400 ET

11/01/2016

VICTOR CHAVEZ

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

TFSAFSA17CI0003

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 37 FSA-450003-17-0001OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

WASHINGTON DC 20227

401 14TH STREET, SW

BUREAU OF THE FISCAL SERVICE

FSA-LBC

15. DELIVER TO

Washington DC 20227 Attn: M. Lothery 401 14th Street, SW Acquisition Management Division

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$15.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

Bureau of the Fiscal Service

EDWOSB

NAICS:

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

SERVICES NON-PERSONAL: Contractor shall provide all professional and technical DMS Analytical Enhancement Support Services in accordance with the Performance work Statement (PWS). Period of Performance is for a Base Year and 4 Option Years.

COR POC: DeAyrus Smith, 205-912-6184.

Period of Performance: 11/21/2016 to 11/20/2021

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

VICTOR CHAVEZ

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

ALL OFFERORS

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 BASE YEAR: 11/21/2016 thru 11/20/2017

SERVICES NON-PERSONAL: Contractor shall provide all professional and technical DMS Analytical

Enhancement Support Services in accordance with the Performance work Statement (PWS).

Period of Performance: 11/21/2016 to 11/20/2017

0002 BASE YEAR: 11/21/2016 thru 11/20/2017

Other Direct Costs (ODCs) for Travel.

Not-to-Exceed (NTE) $10,000.00

Period of Performance: 11/21/2016 to 12/20/2017

0003 OPTION YEAR 1 - 11/21/2017 thru 11/20/2018

SERVICES NON-PERSONAL: Contractor shall provide all professional and technical DMS Analytical

Enhancement Support Services in accordance with the Performance work Statement (PWS).

(Option Line Item)

08/17/2018

Period of Performance: 11/21/2017 to 11/20/2018

0004 OPTION YEAR 1: 11/21/2017 thru 11/20/2018

Other Direct Costs (ODCs) for Travel.

Not-to-Exceed (NTE) $10,000.00

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 37

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

TFSAFSA17CI0003

(Option Line Item)

08/17/2018

Period of Performance: 11/21/2017 to 11/20/2018

0005 OPTION YEAR 2 - 11/21/2018 thru 11/20/2019

SERVICES NON-PERSONAL: Contractor shall provide all professional and technical DMS Analytical

Enhancement Support Services in accordance with the Performance work Statement (PWS).

(Option Line Item)

08/17/2019

Period of Performance: 11/21/2018 to 11/20/2019

0006 OPTION YEAR 2: 11/21/2018 thru 11/20/2019

Other Direct Costs (ODCs) for Travel.

Not-to-Exceed (NTE) $10,000.00

(Option Line Item)

08/17/2019

Period of Performance: 11/21/2018 to 11/20/2019

0007 OPTION YEAR 3 - 11/21/2019 thru 11/20/2020

SERVICES NON-PERSONAL: Contractor shall provide all professional and technical DMS Analytical

Enhancement Support Services in accordance with the Performance work Statement (PWS).

(Option Line Item)

08/17/2020

Period of Performance: 11/21/2019 to 11/20/2019

0008 OPTION YEAR 3: 11/21/2019 thru 11/20/2020

Other Direct Costs (ODCs) for Travel.

Not-to-Exceed (NTE) $10,000.00

(Option Line Item)

08/17/2020

Period of Performance: 11/19/2019 to 11/20/2020

0009 OPTION YEAR 4 - 11/21/2020 thru 11/20/2021

SERVICES NON-PERSONAL: Contractor shall provide all professional and technical DMS Analytical

Enhancement Support Services in accordance with the Performance work Statement (PWS).

(Option Line Item)

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 37

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

TFSAFSA17CI0003

08/17/2021

Period of Performance: 11/21/2020 to 11/20/2021

0010 OPTION YEAR 4: 11/21/2020 thru 11/20/2021

Other Direct Costs (ODCs) for Travel.

Not-to-Exceed (NTE) $10,000.00

(Option Line Item)

08/17/2021

Period of Performance: 11/21/2020 to 11/20/2021

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

TFSAFSA17CI0003

BLANKET PURCHASE AGREEMENT (BPA) TERMS, CONDITIONS, AND

PROCEDURES

1. DESCRIPTION OF BLANKET PURCHASE AGREEMENT (BPA) - The purpose of this Blanket Purchase Agreement (BPA) is to establish an acquisition vehicle for use by the Bureau of the Fiscal Service to obtain various analytical enhance and support services on an as needed basis. This BPA provides for the issuance of fixed rate labor hour type calls. The BPA is effective upon signature of the Contracting Officer (CO) and will expire 5 years from date of agreement. The agreement may be discontinued unilaterally at any time by either party with 30 days written notice, and may be rewritten or revised at the option of the CO. Any such revision shall be accomplished by modification to the BPA. A call becomes a binding contract when it is accepted for a specific service and amount.

2. EXTENT OF OBLIGATION - The Government is obligated under this BPA only to the extent of the authorized calls placed by authorized personnel and accepted by the Contractor. This BPA does not obligate any funds.

3. PURCHASE LIMITATIONS / BPA ORDERING CEILING - Calls issued under this BPA shall not exceed the specified limitation identified therein. The total aggregate value of calls issued against this BPA for all ordering periods shall not exceed $2,500.000.00.

4. NOTICE OF INDIVIDUALS AUTHORIZED TO PLACE CALLS - All calls under this BPA must be issued by a warranted Bureau of the Fiscal Service CO.

5. BPA PRICING - Pricing for all services purchased under this BPA shall be in accordance with the established rates less or the Contractor’s quoted price at the individual call level; whichever is less. The Contractor warrants to the best of its knowledge that the prices of all products purchased under this BPA are not in excess of those charged to its other customers for like products at like quantities and represent the best available pricing. The Contractor shall notify the CO of any changes pertaining to the terms and conditions of this BPA.

6. BPA CALL PROCESS - The following is an explanation of how services will be requested and obtained under this BPA. A call specifies and authorizes work to be accomplished by the Contractor to satisfy a definite Government requirement. Calls issued under this BPA will not be synopsized. At the BPA call level the Government will determine and indicate whether travel will be included in the fixed price or if it will be reimbursed at actual costs in accordance with the Federal Travel Regulation (FTR).

(a) Requests for BPA Call Quote/Proposal:

The Government will issue requests for quote/proposal (RFQ/RFP) to the Contractor for anticipated calls for specific service needs. RFQ/RFPs will include the technical specifications of the requirement, a corresponding statement of work (SOW) or performance work statement (PWS), any other relevant and/or necessary information, and will denote the anticipated type of BPA call to be issued as a result.

RFQs neither commit the Government to pay any costs incurred in the submission of quotes nor to ultimately proceed with the issuance of calls subsequent to such requests.

(b) Preparation and Submission of BPA Call Quote/Proposal:

The Contractor shall prepare and submit quotes in response to Government RFQ/RFPs as quickly as possible; at a maximum the Contractor shall provide such quotes within ten (10) calendar days of the request. Discussions and/or negotiations may be held to clarify requests, specifications, and/or pricing as needed up until the point of acceptance by the Government.

At a minimum, the Contractor’s price quotes shall include the published list pricing and corresponding discounted BPA pricing. Discounts should be displayed in terms of percentages to demonstrate compliance with the minimum discount threshold established at the BPA level. Quotes should also display the savings being obtained on the call for both the individual items and the overall total.

Acceptance of quotes/proposals may result in the issuance of calls subject to the terms and this BPA. The Contractor shall not proceed with fulfillment of calls until it has been formally issued by the respective CO.

7. TRAVEL PROCEDURES - If travel is not included in the fixed price of a BPA call, then the costs will be paid at actuals in accordance with FAR 31.205-46 and the Federal Travel Regulation (FTR). Travel receipts shall be submitted to support actual travel charges. FTR requires that copies of airline, car and lodging invoices and invoices for any single item over $75 be submitted with the Contractor’s invoice. In addition, the Contractor shall calculate the allowable per diem for each trip in accordance with the current federal per diem rates and include those figures on the invoice.

8. INTERPRETATION OF BPA AND BPA CALL REQUIREMENTS - If the Contractor finds clarification necessary with respect to the scope of the services to be performed or the products to be provided hereunder, the Contractor shall request such clarification from the CO. No interpretation of any provision of this BPA or individual calls, including applicable specification, shall be binding on the Government unless furnished or agreed to in writing by the CO.

9. INSPECTION AND ACCEPTANCE - Inspection and acceptance of all work performed under the BPA and BPA calls will be conducted by the COR and will be completed to ensure the Contractor remains in compliance with the service requirements. When conducting inspection, the COR will review the services that are rendered to ensure that requirements are met in accordance with the BPA and BPA call.

10. NON-PAYMENT FOR ADDITIONAL WORK - Any additional services rendered or products provided by the Contractor, either at its own volition or at the request of an individual other than a duly appointed CO, except as may be explicitly authorized in the BPA call, will be done at the financial risk of the Contractor. Only a duly appointed CO is authorized to bind the Government to a change in the specifications, terms, or conditions of this BPA and associated BPA calls. No work shall be performed and no payment shall be made except as authorized by issuance of a BPA call executed by a CO.

11. CLAUSE FLOW DOWN AND ORDER OF PRECEDENCE - Applicable clauses shall flow down to the overarching BPA and, in turn, shall flow down to all calls issued hereunder. Additional bureau, office, and/or agency specific clauses may apply at the individual call level and will be incorporated therein. In the event of conflict between the clauses of the BPA and an individual call, the clauses of the call shall take precedence.

12. BPA TERM AND ORDERING PERIODS - The overall term of this BPA is 60 months; consisting of a 12-month base ordering period, followed by four (4) 12-month option ordering periods as follows:

Base Ordering Period: [11/21/2016 thru 11/20/2017] Option Ordering Period 1: [11/21/2017 thru 11/20/2018] Option Ordering Period 2: [11/21/2018 thru 11/20/2019] Option Ordering Period 3: [11/21/2019 thru 11/20/2020] Option Ordering Period 4: [11/21/2020 thru 11/20/2021]

Continuance of this BPA through the exercising of each option ordering period shall be at the sole discretion of the Government.

13. ANNUAL BPA REVIEW

In accordance with FAR 8.405-3(e), this BPA will be reviewed annually to ensure that: (1) that the BPA still represents the best value to the Government; and (2) and whether or not the overall ordering ceiling has been reached.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far https://www.acquisition.gov/far

1052.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) APPOINTMENT AND AUTHORITY (APR 2015)

(a) The COR(s) are named on the award form. Should a change to the COR(s) be necessary in the future, they will be named on the modification SF-30.

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

1052.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-00003) (MAR2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

1052.210-70 CONTRACTOR PUBLICITY (APR 2015)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract.

Further, any violation of this clause may be considered during the evaluation of past performance.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to contract expiration.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to the expiration of each contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

1052.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (DEVIATION 00002) (JANUARY 2016)

(a) Definition. As used in this clause- "Commercial supplier agreements" means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercial item set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. Commercial supplier agreements (CSA) are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies-

(1) Regardless of the format or style of the document. For example, a CSA may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of an offer or quotation responding to a solicitation;

(2) Regardless of the media or delivery mechanism used. For example, a CSA may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(b) Except as stated in paragraph (c) of this clause, when any supply or service acquired under this contract is subject to any CSA, that includes any language, provision, or clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such language, provision, or clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the CSA. If the CSA is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such language, provision, or clause is deemed to be stricken from the CSA.

(c) Paragraph (b) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

1052.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015)

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.

PAYMENT AND INVOICE QUESTIONS (IPP)

For payment and invoice questions, go to https://arc.publicdebt.treas.gov/ipp/fsippqrg.htm or contact Accounts Payable at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.

OVERPAYMENTS

In accordance with 52.212-4 section (i) 5 Overpayments: Accounts Receivable Conversion of Check Payments to EFT: If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an electronic funds transfer (EFT). This means the Government will copy the check and use the account information on it to electronically debit the Contractor's account for the amount of the check. The debit from the Contractor's account will usually occur within 24 hours and will be shown on the regular account statement.

The Contractor will not receive the original check back. The Government shall destroy the Contractor's original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.

PERFORMANCE EVALUATION

This BPA is subject to a performance evaluation via The Contractor Performance Reporting System (CPARS) at www.cpars.csd.disa.mil. Following the end of each BPA Call period (exceeding $150,000) a completed Government evaluation shall be forwarded to the Contractor. The Contractor may submit written comments, if any, within the time period specified in the evaluation transmittal. The Contractor’s comments shall be considered in the issuance of the final evaluation document. Any disagreement between the parties regarding the evaluation shall be forwarded to the Contracting Officer’s Team Lead. The final evaluation of the Contractor’s performance is the decision of the Contracting Agency. A copy of the final performance evaluation report will be sent to the Contractor and to the Government’s past performance database at www.ppirs.gov.

52.212-4 Contract Terms and Conditions - Commercial Items (May 2015)

(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 http://www.ipp.gov/ https://www.ipp.gov/ mailto:AccountsPayable@fiscal.treasury.gov http://www.ppirs.gov/ https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6789e37bdb66e9aad683d03aaccf3634&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=692deb97dc8f5f4fa8824bb948110fa8&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6789e37bdb66e9aad683d03aaccf3634&term_occur=3&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=692deb97dc8f5f4fa8824bb948110fa8&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=bd211cad6558384f7c9d63c2e89f50c9&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6789e37bdb66e9aad683d03aaccf3634&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=692deb97dc8f5f4fa8824bb948110fa8&term_occur=3&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4

Government must exercise its postacceptance 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 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 - 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 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.

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=bd211cad6558384f7c9d63c2e89f50c9&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=bd211cad6558384f7c9d63c2e89f50c9&term_occur=3&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f90711f21c4e91b9452956c6ec1909ce&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=ff960c003974a24dcadeba08a13a9d4c&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=4538deae5d07557a7033083b57b7024e&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/uscode/text/31/3727 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=9a2fda2c3c1f1184825c68987b872e00&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f90711f21c4e91b9452956c6ec1909ce&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f90711f21c4e91b9452956c6ec1909ce&term_occur=3&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=11f198441c6d337a8f51a9776f671643&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=9a2fda2c3c1f1184825c68987b872e00&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/uscode/text/41/chapter-71 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=ab1b7587f01b9eca0d0b38d5f0764e8a&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=ab1b7587f01b9eca0d0b38d5f0764e8a&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=da654f2ae2dd62fe79df52b433ff5443&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=59fc10b0b292774bfa753c3166c04542&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=59fc10b0b292774bfa753c3166c04542&term_occur=3&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=59fc10b0b292774bfa753c3166c04542&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=59fc10b0b292774bfa753c3166c04542&term_occur=4&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c7650e531bb73f3f5aa2c6d6b9c1a8b6&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f84806c96f059ccfd5338f534e593cfb&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f90711f21c4e91b9452956c6ec1909ce&term_occur=4&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=67d482cddb1cdef93308ed069e2ce218&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6060c961bb42eeccb767c4ab90545cee&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=59fc10b0b292774bfa753c3166c04542&term_occur=5&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=59fc10b0b292774bfa753c3166c04542&term_occur=6&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=c997d10675fcc31543b4f6b356dd376e&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=b1fec257bbbf9339978b0004042258d1&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=b36a7af4c0ee6de81ad4de70ac97b4f1&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=b1fec257bbbf9339978b0004042258d1&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=59fc10b0b292774bfa753c3166c04542&term_occur=7&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=b36a7af4c0ee6de81ad4de70ac97b4f1&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=b1fec257bbbf9339978b0004042258d1&term_occur=3&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=59fc10b0b292774bfa753c3166c04542&term_occur=9&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=59fc10b0b292774bfa753c3166c04542&term_occur=8&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=59fc10b0b292774bfa753c3166c04542&term_occur=10&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=b36a7af4c0ee6de81ad4de70ac97b4f1&term_occur=3&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=b1fec257bbbf9339978b0004042258d1&term_occur=4&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f90711f21c4e91b9452956c6ec1909ce&term_occur=5&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=72e0e4d4d474395832fd7c149a47e294&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=fe164be21e882bea674389131411464a&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=fe164be21e882bea674389131411464a&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f90711f21c4e91b9452956c6ec1909ce&term_occur=6&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=72e0e4d4d474395832fd7c149a47e294&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=ff960c003974a24dcadeba08a13a9d4c&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=b36a7af4c0ee6de81ad4de70ac97b4f1&term_occur=4&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=b1fec257bbbf9339978b0004042258d1&term_occur=5&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=b36a7af4c0ee6de81ad4de70ac97b4f1&term_occur=5&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=59fc10b0b292774bfa753c3166c04542&term_occur=11&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f84806c96f059ccfd5338f534e593cfb&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/uscode/text/31/3903 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f84806c96f059ccfd5338f534e593cfb&term_occur=3&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/cfr/text/5/part-1315.

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=fa59a0466666371d4895baf366c02576&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=d18f036b250543a9b4b191f0078dfac0&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=b9a7ce904c9a0435e1312072bc62d7bc&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=06f6a63acbc99c9f7583a3b7af5cd8ac&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=80fb588108eda34822560ae27fdc9a0d&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f90711f21c4e91b9452956c6ec1909ce&term_occur=7&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=9a2fda2c3c1f1184825c68987b872e00&term_occur=3&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=06afdd8dd78a0ba60d0d303776072382&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f90711f21c4e91b9452956c6ec1909ce&term_occur=8&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f84806c96f059ccfd5338f534e593cfb&term_occur=4&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/uscode/text/31/3903 https://www.law.cornell.edu/uscode/text/31/3903 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f84806c96f059ccfd5338f534e593cfb&term_occur=5&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/cfr/text/5/part-1315.

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=9a2fda2c3c1f1184825c68987b872e00&term_occur=4&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f90711f21c4e91b9452956c6ec1909ce&term_occur=9&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=b36a7af4c0ee6de81ad4de70ac97b4f1&term_occur=7&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=b36a7af4c0ee6de81ad4de70ac97b4f1&term_occur=6&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4

(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 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if -

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests…