HomeMy WebLinkAboutDocumentation_Regular_Tab 03_7/9/2020 (2)SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
1. REQUISITION NUMBER PAGE OF
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, 8 30
0 0 4 0 4 8 7 7 5 9 1 19
2. CONTRACT NO.
3. AWARD/
4. ORDER NUMBER
5. SOLICITATION NUMBER
6. SOLICITATION
EFFECTNE DATE
140L0120P0009
14 0 L O 12 0 Q 0 0 0 5
ISSUE DATE
05/27/2020
7. FOR SOLICITATION
a. NAME
b. TELEPHONE NUMBER (No tolled calls)
OFFER DUE DATE/LOCAL TIME
INFORMATION CALL:
Willie Bethune
(202) 912-7027
18.
ET
9. ISSUED BY CODE LWA
10. THIS ACQUISITION IS ® UNRESTRICTED OR ❑ SETASIDE: % FOR:
BLM AC WO855
Q & FA ( )
WOMEN -OWNED SMALL BUSINESS
❑SMALL BUSINESS El(WOSB) ELIGIBLE UNDER THE WOMEN
20 M Street SE
-OWNED
❑HUBZONESMALL RMAII Rl1RINFRRPROGIRAM NAILS:922120
Washington DC 20003
BUSINESS ❑EDWOSB
❑ SERVICE -DISABLED ❑ 8(A)
VETERAN -OWNED SIZE STANDARD:
SMALL BUSINESS
11. DELIVERY FOR FOB DESTINA-
12. DISCOUNT TERMS
13b. RATING
TION UNLESS BLOCK IS
❑ 13a. THIS CONTRACT ISA
MARKED
RATED ORDER UNDER
14. METHOD OF SOLICITATION
® SEE SCHEDULE
DPAS (15 CFR 700)
®RFQ ❑IFB 0 RFP
15. DELIVER TO CODE 0004276320
16. ADMINISTERED BY CODE LWA
BLM-ES SOUTHEASTERN STATES DISTR OF
BLM ACQ & FA (WO855)
273 MARKET STREET
20 M Street SE
FLOWOOD MS 39232
Washington DC 20003
17a. CONTRACTOR/ CODE 10070090381 FACILITY
OFFEROR
18a. PAYMENT WILL BE MADE BY CODE I P P INV
CODE
TEQUESTA, VILLAGE OF
Invoice Processing Platform System
Attn: ATTN GOVERNMENT POC
US Department of Treasury
345 TEQUESTA DR
http://www.ipp.gov
TEQUESTA FL 33469-3062
TELEPHONE NO. 000-000-0000
❑ 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
IS CHECKED ❑SEEADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
Please see the attached terms and conditions.
This award will have one base year and two
option
years
Legacy Doc #: BLM
Delivery: 06/02/2023
Period of Performance: 06/03/2020 to 06/02/2021
00010
TEQUESTA LE Contract
50,000.00
Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
6. TOTAL AWARD AMOUNT (For Govt. Use Only)
See schedule
$109,470.00
LU 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 AREATTACHED. ADDENDA ❑ ARE ❑ ARE NOTATTACHED.
❑ 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ❑ ARE ❑ ARE NOT ATTACHED.
®28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENTAND RETURN ® 29. AWARD OF CONTRACT: quote OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER DATED 0 5 / 2 9 / 2 02.0 . YOUR OFFER ON SOLICITATION (BLOCK 5),
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL INCLUDING ANYADDITIONS OR CHANGES WHICH ARE SET FORTH
SHEETS SUBJECT TO THE TERMS ND CONDITIONS SPECIFIED. HEREIN, IS ACCEPTED AS TO ITEMS: all
30 NAT RE OF OFFEROR/ NT R 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
/rrrY /1►/�IA//�/i
ZIJWILLIE BETHUNE Digitally signed by WILL
Date: 2020060316:49:2I8-0E4r0H0'NE
30b. NAME AVID TITLE (UF SIANER (Type or
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
31 b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
Rillie G. Bethune 06/03/2020
STANDARD FORM 1449 (REV. 212012)
Prescribed by GSA - FAR (48 CFR) 53.212
2 of 19
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
Product/Service Code: R499
Product/Service Description: SUPPORT -
PROFESSIONAL: OTHER
Accounting Info:
01 Account Assignm: K G/L Account: 6100.252R0
Business Area: 1,000 Commitment Item: 252R00 Cost
Center: LLWO120400 Functional Area:
L16300000.NU0000 Fund: 20XL1109AF Fund Center:
LLWO120400 Project/WBS: LX.SI.LEAG0000 PR Acct
Assign: 01
Funded: $50,000.00
Period of Performance: 06/03/2020 to 06/02/2023
00020
Tequessta LE Contract
59,470.00
Product/Service Code: R499
Product/Service Description: SUPPORT -
PROFESSIONAL: OTHER
Accounting Info:
01 Account Assignm: K G/L Account: 6100.252R0
Business Area: L000 Commitment Item: 252R00 Cost
Center: LLESJ02400 Functional Area:
L16300000.NU0000 Fund: 19XL1109AF Fund Center:
LLESJ02400 PR Acct Assign: 01
Funded: $59,470.00
Period of Performance: 06/03/2020 to 06/02/2023
Continued ...
32a. QUANTITY IN COLUMN 21 HAS BEEN
n RECEIVED n INSPECTED n ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32d.
PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f.
32g.
TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER
34. VOUCHER NUMBER
35. AMOUNT VERIFIED
CORRECTFOR
36. PAYMENT
❑ COMPLETE PARTIAL ❑ FINAL
37. CHECK NUMBER
PARTIAL ❑ FINAL
38. S/RACCOUNT NUMBER
39. S/R VOUCHER NUMBER
40, PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECTAND PROPER FOR PAYMENT
42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41 c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD)
42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
NO. OF DOCUMENT BEING CONTINUED PAGE OF
CONTINUATION SHEET[EFERENCE
4OL0120P0009
3 I 19
NAME OF OFFEROR OR CONTRACTOR
TEQUESTA, VILLAGE OF
ITEM NO,
(A)
SUPPLIESISERVICES
(B)
QUANTITY
(0)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
The total amount of award: $109,470.00. The
obligation for this award is shown in box 26.
NSN 7540-01-152.8067 ur i— —. Leo (a-66)
Sponsored by GSA
FAR (48 CFR) 53.110
Section2........................................................................................................................................................ 2
52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018).......................................... 2
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -
Commercial Items. (MAR 2020)................................................................ Error! Bookmark not defined.
DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet
Payment Platform (IPP) SEPTEMBER 2011...........................................................................................15
52.217-9 Option to Extend the Term of the Contract March 2000................................................16
Section 2
52.212-4 Contract Terms and Conditions -Commercial Items.
As prescribed in 12.301(b)(3), insert the following clause:
Contract Terms and Conditions -Commercial Items (Oct 2018)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that
conform to the requirements of this contract. The Government reserves the right to inspect or test
any supplies or services that have been tendered for acceptance. The Government may require repair
or replacement of nonconforming supplies or reperformance of nonconforming services at no
increase in contract price. If repair/replacement or reperformance will not correct the defects or is
not possible, the Government may seek an equitable price reduction or adequate consideration for
acceptance of nonconforming supplies or services. The Government must exercise its post -acceptance
rights-
(1) Within a reasonable time after the defect was discovered or should have been discovered;
and
(2) Before any substantial change occurs in the condition of the item, unless the change is due
to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a
result of performance of this contract to a bank, trust company, or other financing institution,
including any Federal lending agency in accordance with the Assignment of Claims Act
(31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide
commercial purchase card), the Contractor may not assign its rights to receive payment under this
contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written
agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the
parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or
action arising under or relating to this contract shall be a dispute to be resolved in accordance with
the clause at 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, 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 32.607-21.
(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.
(1) 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. chanter 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.
(9) The specification.
(t) [Reserved]
(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)
Alternate I (Jan 2017). When a time -and -materials or labor -hour contract is contemplated, substitute
the following paragraphs (a), (e), (i), (I), and (m) for those in the basic clause.
(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials
furnished and services performed under this contract, to the extent practicable at all places and
times, including the period of performance, and in any event before acceptance. The Government
may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract
performance. The Government will perform inspections and tests in a manner that will not unduly
delay the work.
(2) If the Government performs inspection or tests on the premises of the Contractor or a
subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all
reasonable facilities and assistance for the safe and convenient performance of these duties.
(3) Unless otherwise specified in the contract, the Government will accept or reject services and
materials at the place of delivery as promptly as practicable after delivery, and they will be presumed
accepted 60 days after the date of delivery, unless accepted earlier.
(4) At any time during contract performance, but not later than 6 months (or such other time as may
be specified in the contract) after acceptance of the services or materials last delivered under this
contract, the Government may require the Contractor to replace or correct services or materials that
at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph
(a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of
this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be
reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below,
the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not
tender for acceptance materials and services required to be replaced or corrected without disclosing
the former requirement for replacement or correction, and, when required, shall disclose the
corrective action taken. [Insert portion of labor rate attributable to profit.]
(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement
or correction, and if the replacement or correction can be performed within the ceiling price (or the
ceiling price as increased by the Government), the Government may -
(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any
increased cost, or deduct such increased cost from any amounts paid or due under this contract; or
(B) Terminate this contract for cause.
(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute
under the Disputes clause of the contract.
(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the
Contractor to remedy by correction or replacement, without cost to the Government, any failure by
the Contractor to comply with the requirements of this contract, if the failure is due to-
(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial
personnel; or
(ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor
after any of the Contractor's managerial personnel has reasonable grounds to believe that the
employee is habitually careless or unqualified.
(7) This clause applies in the same manner and to the same extent to corrected or replacement
materials or services as to materials and services originally delivered under this contract.
(8) The Contractor has no obligation or liability under this contract to correct or replace materials
and services that at time of delivery do not meet contract requirements, except as provided in this
clause or as may be otherwise specified in the contract.
(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace
Government -furnished property shall be governed by the clause pertaining to Government property.
(e) Definitions. (1) The clause at FAR 52.202-1. Definitions, is incorporated herein by reference. As
used in this clause-
(i) "Direct materials" means those materials that enter directly into the end product, or that are used
or consumed directly in connection with the furnishing of the end product or service.
(ii) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the
labor category qualifications of a labor category specified in the contract that are -
(A) Performed by the contractor;
(B) Performed by the subcontractors; or
(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common
control.
(iii) "Materials" means -
(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the
contractor under a common control;
(B) Subcontracts for supplies and incidental services for which there is not a labor category specified
in the contract;
(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the
contract, travel, computer usage charges, etc.);
(D) The following subcontracts for services which are specifically excluded from the hourly rate:
[Insert any subcontracts for services to be excluded from the hourly rates prescribed in the
schedule.]; and
(E) Indirect costs specifically provided for in this clause.
(iv) "Subcontract" means any contract, as defined in FAR subpart 2.1, entered into with a
subcontractor to furnish supplies or services for performance of the prime contract or a subcontract
including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It
includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.
(i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the
submission of commercial invoices approved by the Contracting Officer:
(i) Hourly rate.
(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the
contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable
on a prorated basis.
(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications
specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were
specified in the contract will not be paid to the extent the work is performed by individuals that do
not meet the qualifications specified in the contract, unless specifically authorized by the Contracting
Officer.
(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the
Contracting Officer) to the Contracting Officer or the authorized representative.
(D) When requested by the Contracting Officer or the authorized representative, the Contractor
shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the
schedule) by evidence of actual payment, individual daily job timecards, records that verify the
employees meet the qualifications for the labor categories specified in the contract, or other
substantiation specified in the contract.
(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by
virtue of the Contractor having performed work on an overtime basis.
(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime
work in advance, overtime rates shall be negotiated.
(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause
of this contract.
(3) If the Schedule provides rates for overtime, the premium portion of those rates will be
reimbursable only to the extent the overtime is approved by the Contracting Officer.
(ii) Materials.
(A) If the Contractor furnishes materials that meet the definition of a commercial item at 2.101, the
price to be paid for such materials shall not exceed the Contractor's established catalog or market
price, adjusted to reflect the-
(1) Quantities being acquired; and
(2) Any modifications necessary because of contract requirements.
(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will
reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts
received by the contractor that are identifiable to the contract) provided the Contractor-
(1) Has made payments for materials in accordance with the terms and conditions of the agreement
or invoice; or
(2) Makes these payments within 30 days of the submission of the Contractor's payment request to
the Government and such payment is in accordance with the terms and conditions of the agreement
or invoice.
(C) To the extent able, the Contractor shall-
(1) Obtain materials at the most advantageous prices available with due regard to securing prompt
delivery of satisfactory materials; and
(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and
other amounts that are identifiable to the contract.
(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.
(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for
the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this
clause: lInsert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert
"None" if no reimbursement for other direct costs will be provided. If this is an indefinite delivery
contract, the Contracting Officer may insert "Each order must list separately the elements of other
direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert
`None'."]
(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will
reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract
performance at the following fixed price: [Insert a fixed amount for the indirect costs and payment
schedule. Insert' $0" if no fixed price reimbursement for indirect costs will be provided. (If this is an
indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the
fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs,
insert `None')."]
(2) Total cost. It is estimated that the total cost to the Government for the performance of this
contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use
its best efforts to perform the work specified in the Schedule and all obligations under this contract
within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate
payments and material costs that will accrue in performing this contract in the next succeeding 30
days, if added to all other payments and costs previously accrued, will exceed 85 percent of the
ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised
estimate of the total price to the Government for performing this contract with supporting reasons
and documentation. If at any time during the performance of this contract, the Contractor has
reason to believe that the total price to the Government for performing this contract will be
substantially greater or less than the then stated ceiling price, the Contractor shall so notify the
Contracting Officer, giving a revised estimate of the total price for performing this contract, with
supporting reasons and documentation. If at any time during performance of this contract, the
Government has reason to believe that the work to be required in performing this contract will be
substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the
Contractor, giving the then revised estimate of the total amount of effort to be required under the
contract.
(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess
of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue
performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the
Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and
specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under
this contract. When and to the extent that the ceiling price set forth in the Schedule has been
increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling
price before the increase shall be allowable to the same extent as if the hours expended and material
costs had been incurred after the increase in the ceiling price.
(4) Access to records. At any time before final payment under this contract, the Contracting Officer
(or authorized representative) will have access to the following (access shall be limited to the listing
below unless otherwise agreed to by the Contractor and the Contracting Officer):
(i) Records that verify that the employees whose time has been included in any invoice meet the
qualifications for the labor categories specified in the contract;
(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the
schedule), when timecards are required as substantiation for payment -
(A) The original timecards (paper -based or electronic);
(B) The Contractor's timekeeping procedures;
(C) Contractor records that show the distribution of labor between jobs or contracts; and
(D) Employees whose time has been included in any invoice for the purpose of verifying that these
employees have worked the hours shown on the invoices.
(iii) For material and subcontract costs that are reimbursed on the basis of actual cost -
(A) Any invoices or subcontract agreements substantiating material costs; and
(B) Any documents supporting payment of those invoices.
(5) Overpayments/Underpayments.Each payment previously made shall be subject to reduction to
the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have
been properly payable and shall also be subject to reduction for overpayments or to increase for
underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the
parties agree otherwise. The Government within 30 days will pay any such increases, unless the
parties agree otherwise. The Contractor's payment will be made by check. If the Contractor becomes
aware of a duplicate invoice payment or that the Government has otherwise overpaid on an 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)(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, and then at
the rate applicable for each six month period as established 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 in a timely manner;
(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 FAR 32.607-21.
(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.
(viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion
invoice" and supporting documentation, and upon compliance by the Contractor with all terms of
this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise.
The completion invoice, and supporting documentation, shall be submitted by the Contractor as
promptly as practicable following completion of the work under this contract, but in no event later
than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date
of completion.
(7) Release of claims. The Contractor, and each assignee under an assignment entered into under this
contract and in effect at the time of final payment under this contract, shall execute and deliver, at
the time of and as a condition precedent to final payment under this contract, a release discharging
the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims
arising out of or under this contract, subject only to the following exceptions.
(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to
exact statement by the Contractor.
(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor
to third parties arising out of performing this contract, that are not known to the Contractor on the
date of the execution of the release, and of which the Contractor gives notice in writing to the
Contracting Officer not more than 6 years after the date of the release or the date of any notice to the
Contractor that the Government is prepared to make final payment, whichever is earlier.
(iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its
indemnification of the Government against patent liability), including reasonable incidental
expenses, incurred by the Contractor under the terms of this contract relating to patents.
(8) 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.
(9) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for
the appropriate EFT clause.
(10) 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 that appears on the payment check or the specified
payment date if an electronic funds transfer payment is made.
(1) 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 an amount for direct labor hours (as deemed in the Schedule of the contract)
determined by multiplying the number of direct labor hours expended before the effective date of
termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the
Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the
Government using its standard record keeping system that 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
that 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.
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -
Commercial Items.
As prescribed in 12.301(b)(4), insert the following clause:
Contract Terms and Conditions Required to Implement Statutes or Executive Orders -Commercial
Items (Mar 2020)
(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent
appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77
and 108-78 (19 U.S.C. 3805notg)).
(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.]
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with
Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015)
(41 U.S.C. 35091).
(3) 52.203-15. Whistleblower Protections under the American Recovery and Reinvestment
Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the
American Recovery and Reinvestment Act of 2009.)
_ (4) 52.204-10, Reporting Executive Compensation and First -Tier Subcontract Awards (Oct
2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
_ (5) [Reserved].
_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117,
section 743 of Div. Q.
_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite -Delivery Contracts
(Oct 2016) (Pub. L. 111-117, section 743 of Div. Q.
(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101notel.
_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(Oct 2018) (41 U.S.C. 2313).
(10) [Reserved].
_ (11)
(i) 52.219-3, Notice of HUBZone Set -Aside or Sole -Source Award (Mar 2020) (15 U.S.C.657a).
_ (ii) Alternate I (Mar 2020) of 52.219-3.
_ (12)
(i) 52.219-4. Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar
2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
_ (ii) Alternate I (Mar 2020) of 52.219-4.
(13)[Reserved]
_X_ (14)
(i) 52.219-6, Notice of Total Small Business Set -Aside (Mar 2020) (15 U.S.C.644).
_ (ii) Alternate I (Mar 2020).
_ (iii) Alternate II (Nov 2011).
_ (15)
(i) 52.219-7, Notice of Partial Small Business Set -Aside (Mar 2020) (15 U.S.C. 644).
(ii) Alternate I (Mar 2020) of 52.219-7.
(iii) Alternate II (Mar 2004) of 52.219-7.
_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and
(3))•
_ (17)
(i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4)).
_ (ii) Alternate I (Nov 2016) of 52.219-9.
(iii) Alternate II (Nov 2016) of 52.219-9.
_ (iv) Alternate III (Mar 2020) of 52.219-9.
_ (v) Alternate IV (Aug 2018) of 52.219-9
_ (18) 52.219-13, Notice of Set -Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
(19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).
_ (20) 52.219-16, Liquidated Damages -Subcontracting Plan (Jan 1999)
S. (15 U.C. 637(d)(4)(F)(il).
_ (21) 52.219-27, Notice of Service -Disabled Veteran -Owned Small Business Set -Aside (Mar
2020) (15 U.S.C. 657f►.
(22)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020)
(15 U.S.C. 632(a)(2)).
(ii) Alternate I (MAR 2020) of 52.219-28.
_ (23) 52.219-29, Notice of Set -Aside for, or Sole Source Award to, Economically
Disadvantaged Women -Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).
(24) 52.219-30, Notice of Set -Aside for, or Sole Source Award to, Women -Owned Small
Business_ Concerns Eligible Under the Women -Owned Small Business Program (Mar 2020)
(15 U.S.C. 637(m)l.
(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.
644(r)).
(26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (June 2003) (E.O.11755).
_ (28) 52.222-19, Child Labor -Cooperation with Authorities and Remedies (Jan 2020)
(E.O.13126).
X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X (30)
(i) 52.222--26, Equal Opportunity (Sept 2016) (E.O.11246).
_ (ii) Alternate I (Feb 1999) of 52.222-26.
(31)
(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
_ (ii) Alternate I (July 2014) of 52.222-35.
_ (32)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).
_ (ii) Alternate I (July 2014) of 52.222-36.
(33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496).
_X (35)
(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).
_ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).
_ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.)
_ (37)
(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.)
_ (38) 52.223-11, Ozone -Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (Jun 2016) (E.O. 13693).
_ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and
Air Conditioners (Jun 2016) (E.O. 13693).
_ (40)
(i) 52.223-13, Acquisition of EPEATO-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and
13514).
_ (ii) Alternate I (Oct 2015) of 52.223-13.
_ (41)
(i) 52.223-14, Acquisition of EPEATO-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
_ (ii) Alternate I (Jun 2014) of 52.223-14.
(42) 52.223-15, Energy Efficiency in Energy -Consuming Products (Dec 2007)
(42 U.S.C. 8259b).
_ (43)
(i) 52.223-16, Acquisition of EPEATO-Registered Personal Computer Products (Oct 2015) (E.O.s
13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-16.
_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving
(Aug 2011) (E.O. 13513).
— (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
_ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
(47)
(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
(ii) Alternate I (Jan 2017) of 52.224-3.
_ (48) 52.225-1, Buy American -Supplies (May 2014) (41 U.S.C. chapter 83).
(49)
(i) 52.225-3, Buy American -Free Trade Agreements -Israeli Trade Act (May 2014)
(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 (May 2014) of 52.225-3.
_ (iii) Alternate H (May 2014) of 52.225-3.
_ (iv) Alternate III (May 2014) of 52.225-3.
(50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq.,19 U.S.C. 3301 note).
_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s,
proclamations, and statutes administered by the Office of Foreign Assets Control of the Department
of the Treasury).
_ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United
States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal
Year 2008; 10 U.S.C. 2302 Note).
(53) 52.226-4, Notice of Disaster or Emergency Area Set -Aside (Nov 2007) (42 U.S.C. 5150).
_ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area
(Nov 2007) (42 U.S.C. 5150).
(55) 52.232-29. Terms for Financing of Purchases of Commercial Items (Feb 2002)
(41 U.S.C.4505,10 U.S.C.2307(f)).
(56) 52.232-30. Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505,
10 U.S.C.2307(1)).
_X_ (57) 52.232-33, Payment by Electronic Funds Transfer -System for Award Management
(Oct 2018) (31 U.S.C. 3332).
_ (58) 52.232-34, Payment by Electronic Funds Transfer -Other than System for Award
Management (Jul 2013) (31 U.S.C.3332).
_ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).
_ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
(61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)
(15 U.S.C. 637(d)(13)).
(62)
(i) 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).
_ (ii) Alternate I (Apr 2003) of 52.247-64.
(iii) Alternate H (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to
commercial services, 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.]
_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
(2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chanter 671.
(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206
and 41 U.S.C. chapter 67).
_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -Price
Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and
41 U.S.C. chapter 67).
_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -Price
Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment -Requirements (May 2014)
(41 U.S.C. chanter 67).
(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services -Requirements (May 2014) (41 U.S.C. chapter 67).
_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
_ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014)
(42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the
provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess
of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and
Records -Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor's directly
pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records,
materials, and other evidence for examination, audit, or reproduction, until 3 years after final
payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor
Records Retention, of the other clauses of this contract. If this contract is completely or partially
terminated, the records relating to the work terminated shall be made available for 3 years after any
resulting final termination settlement. Records relating to appeals under the disputes clause or to
litigation or the settlement of claims arising under or relating to this contract shall be made available
until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and
practices, and other data, regardless of type and regardless of form. This does not require the
Contractor to create or maintain any record that the Contractor does not maintain in the ordinary
course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause,
the Contractor is not required to flow down any FAR clause, other than those in this paragraph
(e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow
down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017) (section 743 of Division E, Title VH, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent
appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed
or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-
91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public
facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting
opportunities.
(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down
required in accordance with paragraph (1) of FAR clause 52.222-17.
(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).
(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).
(xi) 52.222-379 Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)
(xii) 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.
(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiv)
(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.0 13627).
(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78and E.0 13627).
(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment -Requirements (May 2014)
(41 U.S.C. chapter 67).
(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services -Requirements (May 2014) (41 U.S.C. chapter 67).
(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O.12989).
(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xx)
(A) 52.224-3. Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United
States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal
Year 2008; 10 U.S.C. 2302 Note).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014)
(42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)
(46 U.S.C. Aimx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d)
of FAR clause 52.247-64.
(2) 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)
Electronic Invoicing and Payment Requirements — Internet Payment Platform (IPP)
(September 2011)
Payment requests must be submitted electronically through the U.S. Department of the Treasury's Internet
Payment Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the
Contractor. To constitute a proper invoice, the payment request must comply with the requirements
identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract
Terms and Conditions ---Commercial Items included in commercial contracts. The IPP website address is:
https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP
invoice:
Invoice
The Contractor must use the IPP website to register, access, and use IPP for submitting requests for
payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment
instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3--5 business days of the
contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP
Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment,
the Contractor must submit a waiver request in writing to the contracting officer with its proposal or
quotation.
52.217-9 Option to Extend the Term of the Contract.
As prescribed in 17.208(g), insert a clause substantially the same as the following:
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 within_60 [insert the period of time within which the Contracting Officer may
exercise the option]; provided that the Government gives the Contractor a preliminary written
notice of its intent to extend at least_60 days[60days unless a different number of days is
inserted] before the contract expires. The preliminary notice does not commit the Government
to an extension.
(b)lf 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 _3 years.
(End of clause)