W912PX-18-A-0004.pdf
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- Solicitation number
- W912PX-18-Q-0006
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Department of the Army Southern Command
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| File | Type | Posted |
|---|---|---|
| W912PX-18-A-0006.pdf | ||
| W912PX-18-A-0005.pdf | ||
| W912PX-18-A-0003.pdf | ||
| PWS_Largo_06222018.docx | DOCX document | |
| Price_List_Orlando.docx | DOCX document | |
| PWS_Orlando_06222018.docx | DOCX document | |
| Price_List_Largo.docx | DOCX document | |
| BPA_Terms_and_Conditions_Largo.docx | DOCX document | |
| Combined_Synopsis-Solicitation_Amend_3.doc | DOC document | |
| BPA_Terms_and_Conditions_Orlando.docx | DOCX document | |
| 0002.pdf | ||
| Q&A.pdf | ||
| Attach_1_-_PWS_Per_Location_4-24-18.pdf | ||
| 0001.pdf | ||
| Attach_3-_BPA_Terms_and_Conditions.pdf | ||
| Attach_2_-_Price_Lists.pdf | ||
| Combined_Synopsis-Solicitation.pdf | ||
| Attach_1_-_PWS_Per_Location.pdf |
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25. TOTAL
WYNDHAM INTERNATIONAL, INC
WYNDHAM HOTELS & RESORTS
WENDY WHITAKER
8001 INTERNATIONAL DR
ORLANDO FL 32819-9312
CODE 1FSN9
17. ACCOUNTING AND APPROPRIATION DATA/ LOCAL USE
36. I certify this account is correct and proper for payment.
6. ISSUED BY CODE
9. CONTRACTOR
CODE
18. ITEM NO. 19. SCHEDULE OF SUPPLIES/ SERVICES
26. QUANTITY IN COLUMN 20 HAS BEEN
SIGNATURE OF AUTHORIZED GOVT. REP.DATE
DATE SIGNATURE AND TITLE OF CERTIFYING OFFICER
INSPECTED RECEIVED ACCEPTED, AND CONFORMS TO THE
CONTRACT EXCEPT AS NOTED
37. RECEIVED AT 38. RECEIVED BY 39. DATE RECEIVED
(YYYYMMMDD)
W912PX18A0004
1. CONTRACT/PURCH. ORDER/
AGREEMENT NO.
* If quantity accepted by the Government is same as quantity accepted below quantity ordered and encircle.
DELIVERY/16.
14. SHIP TO
W912PX
DD Form 1155, JAN 1998 (EG) PREVIOUS EDITION MAY BE USED.
SEE SCHEDULE
2. DELIVERY ORDER/ CALL NO.
14PAGE 1 OF
5. PRIORITY
CODE
8. DELIVERY FOB
DEST
OTHER
(See Schedule if other)
MARK IF BUSINESS IS11.
SMALL
SMALL
DISADVANTAGED
WOMEN-OWNED
HQ0490
MARK ALL
PACKAGES AND
PAPERS WITH
IDENTIFICATIO N
NUMBERS IN
BLO CKS 1 AND 2.
23. AMOUNT
27. SHIP NO. 28. DO VOUCHER NO.
PARTIAL
FINAL
32. PAID BY 33. AMOUNT VERIFIED
CORRECT FOR
31. PAYMENT
COMPLETE
34. CHECK NUMBER
PARTIAL
FINAL 35. BILL OF LADING NO.
40.TOTAL
CONTAINERS
41. S/R ACCOUNT NO. 42. S/R VOUCHER NO.
ORDER FOR SUPPLIES OR SERVICES
3. DATE OF ORDER/CALL
2018 Aug 16
4. REQ./ PURCH. REQUEST NO.
SEE ITEM 6
FACILITY 10. DELIVER TO FOB POINT BY (Date)
SEE SCHEDULE
12. DISCOUNT TERMS
13. MAIL INVOICES TO THE ADDRESS IN BLOCK
See Item 15
15. PAYMENT WILL BE MADE BY CODE
DEFENSE FINANCE AND ACCOUNTING SERVICE
DFAS-INDY VP GFEBS, 8899 E. 56TH STREET
INDIANAPOLIS IN 46249-3800
This delivery order/call is issued on another Govt. agency or in accordance with and subject to terms and conditions of above numbered contract.
TYPE CALL
OF PURCHASE
ORDER
SEE SCHEDULE
X
7. ADMINISTERED BY
JIATFS REGIONAL CONTRACTING OFFICE
TRUMAN ANNEX, BLDG 1279
NAS KEY WEST FL 33040-9051
24. UNITED STATES OF AMERICA
TEL:305-293-5821
EMAIL:paula.claudio.civ@mail.mil
CONTRACTING / ORDERING OFFICER
quantity ordered, indicate by X. If different, enter actual
BY:Paula Claudio
If this box is marked, supplier must sign Acceptance and return the following number of copies:
NAME OF CONTRACTOR SIGNATURE TYPED NAME AND TITLE
(YYYYMMMDD)
DATE SIGNED
ACCEPTANCE. THE CONTRACTOR HEREBY ACCEPTS THE OFFER REPRESENTED BY THE NUMBERED PURCHASE ORDER AS IT MAY PREVIOUSLY HAVE BEEN OR IS NOW MODIFIED, SUBJECT TO ALL OF THE TERMS
AND CONDITIONS SET FORTH, AND AGREES TO PERFORM THE SAME.
Reference your quote dated
Furnish the following on terms specified herein. REF:
20. QUANTITY
ORDERED/
ACCEPTED*
21. UNIT 22. UNIT PRICE
DIFFERENCES
29.
30.
INITIALS
NET 30 DAYS
W912PX18A0004
Section B - Supplies or Services and Prices
BPA Master Dollar Limit: $5,000,000.00 BPA Call Limit: $600,000.00
Period of Performance: 16-Aug-2018 to 15-Aug-2023
PSC Codes:
V231
Section C - Descriptions and Specifications
BPA TERMS AND CONDITIONS
1. DESCRIPTION OF AGREEMENT. The Commander of the Joint Interagency Task Force South is seeking lodging accommodations and associated hotel services for Government personnel, family members and pets during emergency evacuation. Hurricane Irma in 2017 and other emergencies in the past have forced evacuation of all JIATFS personnel, family members and pets. Lodging and related services requirements are detailed in Attachment 1, PWS.
2. EXTENT OF OBLIGATION. The Government is not obligated to issue any orders under this agreement;
however, it is obligated to pay only to the extent of authorized purchases actually made under the BPA. This agreement may be terminated upon 30 days written notice by either party.
3. PRICING. The firm-fixed lodging prices charged to the United States Government shall be in accordance with The Joint Federal Travel Regulation rates for set locations. The prices for other related services shall be as low as those charged the supplier’s most favored customer for comparable quantities under similar terms and conditions.
4. PURCHASE LIMITATION. The Government estimates, but does not guarantee, that the volume of purchases through this agreement will be in an amount not to exceed $5,000,000. The Government estimates that the dollar limitation for each order arising from this BPA will be $600,000. The Government reserves the right to request an increase in the volume of services and thereby increase the total purchase limitation.
5. DELIVERY PERIOD. The Government may order the items listed on this agreement as needed during the periods listed below. The BPA expires five (5) years from date of Agreement or when the BPA reaches $5,000,000 in total orders, whichever is earlier. The delivery periods for this BPA are as follows:
Period 01: 16 August 2018 – 15 August 2019 Period 02: 16 August 2019 – 15 August 2020 Period 03: 16 August 2020 – 15 August 2021 Period 04: 16 August 2021 – 15 August 2022 Period 05: 16 August 2022 – 15 August 2023
6. INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA. The individuals listed below are authorized to purchase under this BPA. DO NOT accept orders from anyone who is not listed on this authorization letter. Services performed or supplies provided on orders from anyone other than personnel listed on the authorization letter are accomplished at the contractor’s own risk.
Richard P. Hill Deputy Chief of Contracting ☎305-293-5689 richard.p.hill37.civ@mail.mil
Paula Claudio Chief of Contracting ☎305-293-5821 paula.claudio.civ@mail.mil
7. ORDERING. Orders against this agreement will generally be made orally or by electronic means (email or telephone). Do not accept orders from anyone who is not listed on the List of Authorized Callers. Supplies furnished or services performed from anyone other than personnel listed on the List of Authorized Callers are accomplished at the contractor’s own risk. Personnel placing an order shall identify themselves with their name, title of position, BPA number along with an order number. The authorized caller will identify the item(s) to be included in the order. Only items on the approved price list may be ordered against this BPA. Once all the items have been identified, the caller will agree to a delivery date with the contractor. The contractor shall make delivery within the time required for each order to the required delivery location. Deliveries may be accepted by the Authorized Callers.
8. DELIVERY TICKETS. All shipments under the agreement shall be accompanied by delivery tickets that shall contain the following minimum information:
a) Name of supplier;
b) BPA number;
c) Date of purchase;
d) Order number;
e) Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information);
f) Date of delivery period.
9. PRICE LIST. See Attachment 2 – Price List for the list of items included in the BPA.
10. FUNDING. This BPA does not obligate any funds.
11. ANNUAL REVIEW. The supplier may submit a new price list for the items listed in paragraph 8 of this BPA, should there be any increase or decrease in the unit price. Any updates to the price list shall be submitted 10 days prior to the start of the new BPA period. Any changes in prices shall be reviewed and incorporated in the schedule via modification to this BPA. Retroactive price changes are prohibited.
12. INVOICES. Invoices shall be sent via email to the Designated Government Point of Contact in the order and the Contracting Officer prior to submission to Wide Area Work Flow (WAWF). All invoices shall, at a minimum, consist of the same information listed on item 7 above. Once approved it must be submitted to WAWF. The same information listed in the paragraph below shall be annotated on the invoice(s) submitted.
13. PAYMENT. The Government shall make payments under this BPA by Electronic Funds Transfer (EFT) using WAWF. See FAR clause 252. 252.232-7006 for payment instructions.
14. The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence.
BPA Master Dollar Limit: $5,000,000 BPA Order Limit: $600,000
Period of Performance: 16 August 2018 to 15 August 2023 FSC Code: V231
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006
CLAUSES INCORPORATED BY FULL TEXT
52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JAN 2017)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and
(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).
Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the
Contracting Officer in writing as soon as it is reasonably possible after the commencement or 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, 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.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the 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 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. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.
chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 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, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations 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; and (9) the specification.
(t) System for Award Management (SAM). (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 SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM 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 SAM database to ensure it is current, accurate and complete. Updating information in the SAM 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 SAM 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 SAM 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 SAM 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 SAM database. Information provided to the Contractor's SAM 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 SAM accessed through https://www.acquisition.gov.
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any 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:
(i) Any such clause is unenforceable against the Government.
(ii) 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 EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement 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.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) 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.
(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation 2013-O0019) (JAN 2018) Alternate I (FEB 2000)
(a) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(1) 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)).
(2) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(3) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(4) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(5) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(6) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(7) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(8) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)
(9) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
XAlternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(10) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(11) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (Feb 2009) (41 U.S.C. 351, et seq.)
(12) 52.222-54, Employment Eligibility Verification (Jul 2012).
(13) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(14) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(15) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247- 64.
(b) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
CLAUSES INCORPORATED BY REFERENCE
52.252-6 Authorized Deviations In Clauses APR 1984
CLAUSES INCORPORATED BY FULL TEXT
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/these address(es):
FAR: https://www.acquisition.gov/far/ DFARS: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
COMBO
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
SEE SCHEDULE
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0490 Issue By DoDAAC W912PX Admin DoDAAC W912PX Inspect By DoDAAC W589TP Ship To Code W589TP Service Approver (DoDAAC) W589TP Service Acceptor (DoDAAC) W589TP
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
TO BE PROVIDED ON INDIVIDUAL ORDERS
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
DFAS GFEBS POC 1-888-332-7366
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
Section J - List of Documents, Exhibits and Other Attachments
LIST OF ATTACHMENTS
Number Description Date Pages 001 Performance Work Statement (PWS) 3 August 2018 5 002 Price List 3 August 2018 1
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