MODIFICATION
W -- Club Sound and Lighting Lease - Amendment 1
- Notice Date
- 11/10/2009
- Notice Type
- Modification/Amendment
- NAICS
- 532210
— Consumer Electronics and Appliances Rental
- Contracting Office
- Department of the Air Force, United States Air Force Europe, 48 CONS/LGC - Lakenheath, RAF Lakenheath, Unit 5070 Box 270, RAF Lakenheath, 09461-0270
- ZIP Code
- 09461-0270
- Solicitation Number
- F1M30N03070002
- Archive Date
- 12/10/2009
- Point of Contact
- William T. McGrew, Phone: 01638522215, JEFFREY LEWIS, Phone: 2262344011-44-(0)1638-52-2344
- E-Mail Address
-
william.mcgrew@lakenheath.af.mil, jeffrey.lewis@lakenheath.af.mil
(william.mcgrew@lakenheath.af.mil, jeffrey.lewis@lakenheath.af.mil)
- Small Business Set-Aside
- N/A
- Description
- Update to Solicitation Combined Synopsis/Solicitation RFQ -CLUB SOUND AND LIGHTING LEASE - Reference (F1M30N03070002) Requesting Agency: 48th Force Support Squadron (FSS), RAF Lakenheath, Brandon, Suffolk, IP27 9PN, United Kingdom Purchasing Agency: 48th Contracting Squadron - 48 CONS/LGCB RAF Lakenheath, Brandon, Suffolk, IP27 9PN, United Kingdom This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a nonappropriated fund purchase and it does not obligate appropriated funds of the United States Government. Nonappropriated funds are generated by the military community through the sale of goods and services and the collection of fees and charges for participation in military community programs. This purchase does not involve federal tax dollars. This solicitation is issued as a request for quotes IAW FAR Part 12, 13, and Air Force Manual 64-302, Nonappropriated Fund (NAF) Contracting Procedures. Submit written quotes in reference to Request for Quotes (RFQ) reference number F1M30N03070002. Due to the overseas location of this solicitation, no set-aside will be used. The NAICS code for this requirement is 532210 Consumer Electronics and Appliances Rental This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-37 dated 14 Oct 09 This solicitation also incorporates the General Provisions of Nonappropriated Fund Instrumentality of the United States Government, see attached. Potential offerors are to provide a quote for the services outlined in this solicitation. Quotes shall include a unit price and total price for the following price schedule: Monthly lease of DJ Audio and Lighting equipment, including installation and maintenance in accordance with the Statement of Objectives. CLIN 0001 - Base Period Quantity: 12 Months CLIN 1001 - Option Period 1 Quantity: 12 Months CLIN 2001 - Option Period 2 Quantity: 12 Months CLIN 3001 - Option Period 3 Quantity: 12 Months CLIN 4001 - Option Period 4 Quantity: 12 Months o Prices shall be all inclusive (i.e. all material, transportation, labor, etc.) o Prices shall be quoted in GBP (£) and quotes shall be valid for a minimum of 30 days The full text of the FAR, DFAR, and AFFARS can be accessed on the Internet at http://farsite.hill.af.mil The Defense Priorities and Allocation System (DPAS) assigned rating is: None. Site Visit: A site visit will be conducted on Wednesday, 18 November 2009 at 1000. Contractors will be able to inspect the facility to determine an appropriate system configuration and to ask questions or seek clarifications. Attendance is required to submit a quote. Please coordinate with the Contract Administrator William McGrew (william.mcgrew@lakenheath.af.mil) (01638-522-215) for Site Visit procedures one day prior to the site visit. Quote Specifics: Quotes are due to this office no later than 3:00p.m. Greenwich Mean Time, 27 November 2009. Quotes may be faxed to 01638-52-2189 or if dialing from outside United Kingdom 011-44-1638-52-2189, or sent via e-mail to william.mcgrew@lakenheath.af.mil or the Contracting Officer, jeffrey.lewis@lakenheath.af.mil. All quotes must include the following information: 1. Company's complete mailing and remittance address 2. Discounts for prompt payment- if any 3. Proposed equipment list, layout, and installation plan, and service plan. 4. Quotes must be valid for a period of no less than 30 days PAST PERFORMANCE INFORMATION Offerors are required to submit a minimum of two (2) references for Past Performance Evaluation in which they have performed Audio Equipment. Only include recent and relevant contracts for the same or similar items and other references. Furnish the following information for each contract listed: • Company/Division name • Email address and/or Phone Number • Services Performed • Contract Number • Contract Dollar Value • Period of Performance • Your own assessment of the contract's relevancy to performance of this contract in accordance with the relevancy guidelines in above paragraph. Documents submitted in response to this solicitation must be fully responsive to and consistent with the requirements of the solicitation (Item Numbers) and Statement of Objectives (SOO) Evaluation of Offers: The contracting officer shall seek recent and relevant performance information on the references provided by offerors. This information will be utilized for purpose of a past performance confidence assessment which represents the evaluation of an offeror's present and past work record to determine the Government's confidence in the offeror's ability to successfully perform. Recent performance includes services performed within the past three (3) years. Relevant performance includes services that are similar or greater in nature, scope, magnitude, and complexity to the effort described in this solicitation. In determining relevancy for individual contracts, consideration will be given to the effort, or portion of the effort, being proposed by the offeror, teaming partner, subcontractor, or key employee whose contract is being reviewed and evaluated. Higher relevancy will be assessed for contracts that are most similar to the effort, or portion of the effort, for which that contractor is being proposed. The Government is not bound by the offeror's opinion of relevancy. The following relevancy definitions apply: Very Relevant Present/past performance effort involved essentially the same magnitude of effort and complexities this solicitation requires. Relevant Present/past performance effort involved much of the magnitude of effort and complexities this solicitation requires. Somewhat Relevant Present/past performance contractual effort involved some of the magnitude of effort and complexities than this solicitation requires. Not Relevant Present/past performance effort did not involve any of the magnitude of effort and complexities this solicitation requires. The assessment process will result in an overall performance confidence rating of each offeror as follows; TABLE 3- PERFORMANCE CONFIDENCE ASSESSMENTS Rating Description SUBSTANTIAL CONFIDENCE Based on the offeror's performance record, the Government has a high expectation that the offeror will successfully perform the required effort. SATISFACTORY CONFIDENCE Based on the offeror's performance record, the Government has an expectation that the offeror will successfully perform the required effort. LIMITED CONFIDENCE Based on the offeror's performance record, the Government has a low expectation that the offeror will successfully perform the required effort. NO CONFIDENCE Based on the offeror's performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort. UNKNOWN CONFIDENCE No performance record is identifiable or the offeror's performance record is so sparse that no confidence assessment rating can be reasonably assigned. IG 5.5.2.2 All offers will be evaluated IAW FAR 13.106-2 Evaluation of quotations or offers. Primary point of contact: William McGrew, Contract Specialist, TEL: 01638-52-2215 or email: william.mcgrew@lakenheath.af.mil Secondary Point of contact: Jeffrey Lewis, Contracting Officer, TEL: 01638-52-2344 or email: jeffrey.lewis@lakenheath.af.mil The full text of the FAR, DFAR, and AFFARS can be accessed on the Internet at http://farsite.hill.af.mil The following clauses and provisions apply to this solicitation: Federal Acquisition Regulation (FAR): 52.212-4 Contract Terms and Conditions - Commercial Items 52.232-18 Availability of Funds 52.217-9 Option to Extend the Term of the Contract Department of Defense Federal Acquisition Regulation (DFAR): 252.229-7000 Invoices Exclusive of Taxes or Duties 252.229-7006 Value Added Tax Exclusion (United Kingdom) Air Force Federal Acquisition Regulation (AFFAR): 5352.201-9101 Ombudsmen AFFARS 5352.242-9100 - INSTALLATION PASSES (USAFE) The performance of this contract is located on a Air Force installation, and all access to the installation is controlled by the RAF Lakenheath Security Forces. (a) Prior to commencing work the Contractor shall furnish a complete list of all vehicles and personnel involved in the accomplishment of the contract work to the Contracting Officer or designated representative to ensure access to the respective installations. The following information must be furnished on this list: Vehicles: Make, model, year of manufacture, capacity, type, license number, and insurance policy number. Personnel: First and last name, date of birth, place of birth, passport or identification card number, place of residence and any such other information, as required, to satisfy individual air base or army security regulations governing access to granting of passes to the particular military establishment. If Contractors will be driving their POVs on the installation, they will be able to obtain a pass for the extent of their USAFE Form 77 from Pass and ID once the contractor has been cleared through DVA. The contractor will have to show proof of insurance, valid MOT, valid Road Tax and original registration document to Pass and ID. While operating a motor vehicle on RAF Lakenheath, all personnel must maintain a valid motor vehicle driving credentials on their possession. (b) All passes may be obtained from the Contracting Officer or designated representative after the aforementioned lists have been submitted. The contractor shall inform all assigned workers that they may be subject to search, at the discretion of the installation commander, when entering or leaving the installation. (c) Installation passes will be returned immediately to the Issuing Officer when: (1) Pass has expired. (2) Pass holder is no longer employed by the Contractor. (3) Contract is completed. (4) Contracting Officer so directs. GENERAL PROVISIONS l. DEFINITIONS (JAN 2005) As used throughout this contract, the following terms and abbreviations have the meanings set forth below: a. The term "contract" means this agreement or order and any modifications hereto. b. The abbreviation "NAFI" means Nonappropriated Fund Instrumentality of the United States Government. c. The term "Contracting Officer" means the person executing or responsible for administering this contract on behalf of the NAFI, which is a party hereto, or their successor or successors. d. The term "Contractor" means the party responsible for providing supplies and/or services at a certain price or rate to the NAFI under this contract. e. The abbreviation "FAR" means Federal Acquisition Regulation. 2. DISPUTES (NOV 2005) a. Except as otherwise provided in this contract, any dispute or claim concerning this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall state his decision in writing and mail or otherwise furnish a copy of it to the Contractor. Within 30 days from the date of receipt of such copy, the Contractor may appeal by mailing or otherwise furnishing to the Contracting Officer a written appeal addressed to the Armed Services Board of Contract Appeals, and the decision of the Board shall be final and conclusive; provided that if no such appeal is filed, the decision of the Contracting Officer shall be final and conclusive. The Contractor shall be afforded an opportunity to be heard and to offer evidence in support of any appeal under this clause. Pending final decision on such a dispute, however, the Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the Contracting Officer unless directed to do otherwise by the Contracting Officer. b. A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. Contractors shall provide the certification specified below when submitting any claim. Any person duly authorized to bind the Contractor with respect to the claim may execute the certification. "I certify that the claim is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify on behalf of the Contractor." c. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph "a" above, provided, that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 3. LAW GOVERNING CONTRACTS (JAN 2005) In any dispute arising out of this contract, the decision of which requires consideration of law questions, the rights and obligations of the parties shall be interpreted and determined in accordance with the substantive laws of the United States of America. 4. LEGAL STATUS (JAN 2005) The NAFI is an integral part of the Department of Defense and is an instrumentality of the United States Government. Therefore, NAFI contracts are United States Government contracts; however, they do not obligate appropriated funds of the United States. 5. EXAMINATION OF RECORDS (JAN 2005) - This clause is applicable under contracts that are entered into by means of negotiation and where price and costing data are required to support a determination of price reasonableness. This clause does not apply to commercial items or when the Contracting Officer determines that prices agreed upon are based on adequate price competition. The Contractor agrees that the Contracting Officer or his duly authorized representative shall have the right to examine and audit the books and records of the Contractor directly pertaining to the contract during the period of the contract and until the expiration of three years after the final payment. 6. ASSIGNMENT (JAN 2005) The Contractor or its assignee's rights to be paid amounts due as a result of performance of this contract, may be assigned. No assignment by the Contractor, assigning its rights or delegating its obligations under this contract will be effective and binding on the NAFI until the written terms of the assignment have been approved in writing by the Contracting Officer. 7. GRATUITIES (JAN 2005) a. The NAFI may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract if it is found, after notice and hearing, by the Secretary of the Air Force or their duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent, or representative of the Contractor, to any officer or employees of the Government or the NAFI with a view toward securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract. b. In the event this contract is terminated as provided in paragraph "a" hereof, the NAFI shall be entitled (i) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of contract by the Contractor, and (ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary of the Air Force or their duly authorized representative) which shall be not less than three nor more than ten times the cost incurred by the Contractor in providing any such gratuities to any such officer or employee. c. The rights and remedies of the NAFI provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 8. TERMINATION FOR CONVENIENCE (JAN 2005) The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the NAFI. If this contract is for supplies and is so terminated, the Contractor shall be compensated in accordance with FAR, Sub Parts 49.1 and 49.2 in effect on this contract's date. To the extent that this contract is for services and is so terminated, the NAFI shall be liable only for payment in accordance with the payment provisions of this contract for services rendered prior to the effective date of termination, providing there are no Contractor claims covering nonrecurring costs for capital investment. If there are any such Contractor claims, they shall be settled in accordance with FAR, Sub Parts 49.1 and 49.2. 9. CANCELLATION BY MUTUAL AGREEMENT (JAN 2005) - Should the situation warrant, the parties upon mutual agreement and no costs, may cancel this contract. 10. TERMINATION FOR CAUSE (JAN 2005) a. (1) The NAFI may, subject to paragraphs (c) and (d) below, by written notice of cause to the Contractor, terminate this contract in whole or in part if the Contractor fails to- (i) Deliver the supplies or perform the service within the time specified within this contract or any Extension; (ii) Make progress, so as to endanger performance of this contract (but see subparagraph (a)(2) below);or (iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2) below). (2) The NAFI's right to terminate this contract under subdivisions (1)(ii) and (1)(iii) above, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of notice from the Contracting Officer specifying the failure. b. If the NAFI terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will remain liable to the NAFI for any excess costs for those supplies or services. However the Contractor must continue the work not terminated. c. The Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) act of the NAFI in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and; (9) unusually severe weather. Defaults by subcontractors at any tier for any reason do not constitute causes beyond the control and without the fault or negligence of the Contractor. d. If this contract is terminated for cause, the NAFI may require the Contractor to transfer title and deliver to the NAFI as directed by the Contracting Officer, any (1) completed supplies, and (2) partially completed supplies and materials, parts, tool dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as manufacturing materials in the clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the NAFI has an interest. e. The NAFI shall pay the contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes Clause. The NAFI may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the NAFI against loss because of outstanding liens or claims of former lien holders. f. If, after termination, it is determined that the cause by the Contractor was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for convenience of the NAFI. g. The rights and remedies of the NAFI in this clause are in addition to any other rights and remedies provided by law or under this contract. 11. INSPECTION AND ACCEPTANCE (JAN 2005) Inspection and acceptance will be at destination, unless otherwise provided in this contract. Not withstanding the requirements for any NAFI inspection and test contained in specifications applicable to this contract, except where specialized inspections or tests are specified for performance solely by the NAFI, the Contractor, shall perform or have performed the inspections and tests required to substantiate that the supplies provided under the contract conform to the drawings, specifications, and contract requirements listed herein, including if applicable the technical requirements for the manufacturers' part numbers specified herein. 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. Acceptance of the supplies or services or a written notice of rejections must be accomplished on or before the fifth working day following delivery of the supplies or services, unless otherwise specified in this contract. 12. VARIATION IN QUANTITY (JAN 2005) No variation in quantity of any item called for by this contract will be accepted unless authorized by the Contracting Officer. 13. PARTIAL DELIVERIES (JAN 2005) - Partial deliveries are not permitted unless authorized by the terms of the contract or approved by the Contracting Officer. 14. PAYMENTS (JAN 2005) - Partial payments will be made when deliveries are authorized or as approved by the Contracting Officer. Payments and penalties for late payments are subject to the requirements established by the Prompt Payment Act, as amended, and as implemented for NAFI's. If the NAFI makes payment but such payment fails to include a prompt payment penalty due to the Contractor within 10 days from when the contract payment is made, penalty amounts will not be paid unless the Contractor makes a written request within forty days after the date of payment. 15. HOLD AND SAVE HARMLESS (JAN 2005) The Contractor shall indemnify, hold and save harmless, and defend the NAFI, its outlets and customers from any liability, claimed or established for violation or infringement of any patent, copyright, or trademark right asserted by any third party with respect to goods hereby ordered or any part thereof. Contractor further agrees to hold the NAFI harmless from all claims or judgments for damages resulting from the use of products or services listed in this contract, except for such claims or damages caused by, or resulting from negligence of NAFI customers, employees, agents, or representatives. Also, Contractor shall at all times hold and save harmless the NAFI, its agents, representatives, and employees from any and all suits, claims, charges, and expenses which arise out of acts or omissions of Contractor, its agents, representatives, or employees. 16. MODIFICATIONS (JAN 2005) No agreement or understanding to modify this contract will be binding upon the NAFI unless made in writing and signed by a Contracting Officer from the office that issued the contract or its successor. 17. TAXES (JAN 2005) a. Except as may be otherwise provided in this contract, the contract price includes all taxes, duties or other public charges in effect and applicable to this contract on the contract date, except any tax, duty, or other public charge, which by law, regulation or governmental agreement, is not applicable to expenditures made by the NAFI or on its behalf; or any tax, duty, or other public charge from which the Contractor, or any subcontractor hereunder, is exempt by law, regulation or otherwise. If any such tax, duty, or other public charge has been included in the contract price, through error or otherwise, the contract price shall be correspondingly reduced. b. If for any reason, after the contract date of execution, the Contractor or subcontractor is relieved in whole or in part from the payment or the burden of any tax, duty, or other public charge included in the contract price, the contract price shall be correspondingly reduced; or if the Contractor or subcontractor is required to pay in whole or in part any tax, duty, of other public charge which was not applicable at the contract date of execution the contract price shall be correspondingly increased. 18. PROOF OF SHIPMENT (JAN 2005) (Applicable to shipments outside the United States through the Surface Deployment and Distribution Command (SDDC) and Parcel Post shipments to overseas destinations.) a. Notwithstanding any clause of this contract to the contrary, payment will be made for items not yet received, upon receipt of an invoice accompanied by an appropriate proof of shipment. If shipment is made by insured parcel post, the contractor must furnish a copy of the Insured Mail Receipt issued by the US Postal Service. Otherwise, a stamped copy of a Certificate of Mailing issued by the US Postal Service must be furnished. If shipment is made by a common carrier (rail, air or motor freight), the Contractor must furnish a signed copy of the shipping document on which items are receipted for by the common carrier. A signed receipt by a NAFI representative at the delivery point (CCP or POE) is also acceptable evidence of proof of shipment. b. Forwarding a proof of shipment and an invoice for payment by the Contractor shall be construed as a certification by the contractor that the items shipped conform to the specifications. c. Notwithstanding any provisions of this clause or any payment made pursuant to the terms of this clause prior to receipt of the items contracted for, the NAFI retains the right to inspect upon receipt and the right to reject nonconforming items. The liability of the Contractor with respect to items for which payments have been made will, after inspection by the NAFI or after the expiration of a reasonable time following delivery to the NAFI within which inspection may be made, whichever occurs first, be limited to (i) exceptions taken at the time of inspection, and (ii) latent defects, fraud, or such gross mistakes as amount to fraud. 19. COMMERCIAL WARRANTY (JAN 2005) The Contractor agrees that the supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the NAFI by any other clause of this contract. The printed terms and conditions of such warranty will be provided to the NAFI with the delivery of any supplies covered. 20. ADVERTISEMENTS (JAN 2005) Contractor agrees that none of its nor its agent's advertisements, to include publications, merchandise, promotions, coupons, sweepstakes, contest, sales brochures, etc, shall state, infer or imply that the Contractor's products or services are approved, promoted, or endorsed by the NAFI. Any advertisement, including cents off coupons, which refers to a NAFI will contain a statement that the advertisement is neither paid for, nor sponsored in whole or in part by, the particular activity. 21. DISCOUNTS FOR PROMPT PAYMENT (JAN 2005) a. Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a prompt payment discount in conjunction with the offer, offerors awarded contracts may include prompt payment discounts on individual invoices. b. In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. 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, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day. 22. INVOICES (JAN 2005): a. An invoice is a written request for payment under the contract for supplies delivered or for services rendered. In order to be proper, an invoice should include (and in order to support the payment of interest penalties, must include) the following: (i) Invoice date; (ii) Name of Contractor; (iii) Contract number (including order number, if any), contract line item number, contract description of supplies or services, quantity, contract unit of measure and unit price, and extended total; (iv) Shipment number and date of shipment (Bill of Lading number and weight of shipment will be shown for shipments on Government Bills of Lading); (v) Name and address to which payment is to be sent (which must be the same as that in the contract or on a proper notice of assignment); (vi) Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice; and (vii) Any other information or documentation requiredby other provisions of the contract (such as evidence of shipment). Invoices shall be prepared and submitted in duplicate (one copy shall be marked "Original") unless otherwise specified. b. For purposes of determining if interest begins to accrue under the PROMPT PAYMENT ACT (PUBLIC LAW 97 177): (i) A proper invoice will be deemed to have been received when it is received by the office designated in the contract for receipt of invoices and acceptance of the supplies delivered or services rendered has occurred. (ii) Payment shall be considered made on the date on which a check for such payment is dated. (iii) Payment terms (e.g., "Net 20") offered by the contractor will not be deemed Required payment dates. (iv) The following periods of time will not be included: (A) After receipt of improper invoice and prior to notice of any defect or impropriety, but not to exceed three days for meat and meat food products, five days for perishable agricultural commodities, and 15 days in all other cases, and (B) Between the date of a notice of any defect or impropriety and the date a proper invoice is received. When the notice is in writing, it shall be considered made on the date shown on the notice. 23. ELECTRONIC FUND TRANSFER PAYMENTS (AUG 2007) - Federal law 31 USC requires Federal payments to be made by electronic fund transfer. Any payment made on this contract will be made using the Government Purchase Card as the method of EFT (unless otherwise specified within the contract or exempted by law). 24. NOTIFICATION OF DEBARMENT/SUSPENSION STATUS (JAN 2005) - The Contractor shall provide immediate notice to the Contracting Officer in the event of being suspended, debarred or declared ineligible by any other Federal Department or agency, or upon receipt of a notice of proposed debarment from another DOD Agency, during the performance of this contract. 25. NON WAIVER OF DEFAULTS (JAN 2005) - Any failure by the NAFI at any time, or from time to time, to enforce or require strict performance of any terms or conditions of this contract will not constitute waiver thereof and will not affect or impair such terms or conditions in any way or the NAFI's right at any time to avail itself of such remedies as it may have for any breach or breaches of such terms and conditions. LIST OF FAR CLAUSES INCORPORATED BY REFERENCE The provisions of the following clauses set forth in the Federal Acquisition Regulation (FAR) or DoD FAR Supplement are hereby incorporated into this order or contract by reference with the same force and effect as though herein set forth in full. As used in the following clauses, the term "Government" is deleted and the abbreviation "NAFI" is substituted in lieu thereof. The date of each clause shall be the current date set forth in FAR or DoD FAR Supplement on the issuance date of this order or contract. Clauses made inapplicable by the reference or by the kind of order, contract (e.g., orders or contract for services instead of supplies) or dollar amount are self-deleting. The complete text of any clause incorporated in this order or contract by reference may be obtained from the contracting officer. CLAUSE NO. REFERENCE CLAUSE TITLE 26 52.243 1 Changes Fixed Price 27 52.222 13 Compliance with Davis-Bacon and related Act Regulations 28 52.222-41 Service Contract Act of 1965, as Amended 29 52.225 11 Buy American Act-Construction Materials under Trade Agreements 30 52.222 4 Contract Work Hours and Safety Standards Act-Overtime Compensation 31 52.246-16 Responsibility for Supplies 32 52.222 20 Walsh Healy Public Contracts Act 33 52.222 26 Equal Opportunity *34 252.225 7036 Buy American Act-Free Trade Agreements- Balance of Payments Program 35 52.222 3 Convict Labor *36 252.225 7002 Qualifying Country Sources as Subcontractors *37 252.203 7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract Felonies 38 52.222-21 Prohibition of Segregated Facilities 39 52.223-3 Hazardous Material Identification & Material Safety *Denotes DFARS
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