SAMDaily.us | MOD | 99 | NM-AN2120-21-00705 Gordon Gunter ELINCA_LLTM_ANODES

SAMDAILY.US - ISSUE OF FEBRUARY 24, 2021 SAM #7027
MODIFICATION

99 -- NM-AN2120-21-00705 Gordon Gunter ELINCA_LLTM_ANODES

Notice Date: 2/22/2021 4:17:59 AM
Notice Type: Combined Synopsis/Solicitation
NAICS: 332999 — All Other Miscellaneous Fabricated Metal Product Manufacturing
Contracting Office: DEPT OF COMMERCE NOAA KANSAS CITY MO 64106 USA
ZIP Code: 64106
Solicitation Number: NM-AN2120-21-00705
Response Due: 2/26/2021 7:00:00 AM
Archive Date: 03/13/2021
Point of Contact: Christopher Baker
E-Mail Address: Christopher.Baker@noaa.gov
(Christopher.Baker@noaa.gov)
Description: The National Oceanic and Atmospheric Administration (NOAA), Office of Marine and Aviation Operations/ NOAA Ship Gordon Gunter. Procure copper anodes, Elinca Part No. EL40012-9.� There are NO �OR EQUAL� and Procure iron anodes, Elinca Part No. EL40014-9.� There are NO �OR EQUAL�.�� This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. � Solicitation number NM-AN2200-21-00438 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-02. This acquisition is being considered as Full and Open competition. The North American Industry Classification Code (NAICS) for this acquisition is 332999 All Other Miscellaneous Fabricated Metal Product Manufacturing; the small business size standard is 750 Employees Line items are as follows: CLIN 1: Procure three (3) copper anodes, Elinca Part No. EL40012-9.� There are NO �OR EQUAL� Procure three (3) iron anodes, Elinca Part No. EL40014-9.� There are NO �OR EQUAL� Vendor must provide a quote with supporting documents authorizing direct sale of these brand name products to the Government or as a Commercial Item. Third Party resales will not be authorized. Detailed quote identifying the part number and description of material also must be included in the quote. Quotes shall be FOB Destination. Date(s) and place(s) of delivery and acceptance and FOB point. Deliver the anodes to the following address: NOAA Ship Gordon Gunter Gulf Marine Support Facility 151 Watts Ave Pascagoula, MS 39567 Payment terms are NET30 Additionally, each offeror must provide the following information with the quote: The Request for Quote (RFQ) number; 2. The Name, Address, Telephone Number, and DUNS Number of the Offeror; 3. Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the RFQ. Quotes that reject the terms and conditions of the RFQ may be excluded from consideration;� 4. Acknowledgment of Solicitation Amendments (SF-30), if any. 5. Address the ability of meeting the requirements per the Specifications with a detail material specification or data sheet, pictures of the item, and authorized OEM letter to sale or distribute their products. Offers shall submit quotes electronically via email to Christopher.baker@noaa.gov no later than 1000 hrs EST, February 26, 2021. Any award resulting from this RFQ will be made based on the Technical specifications, authorized reseller/distributor/OEM, availability and price. Quotes and other support documentation must be submitted to the Contract Specialist, Christopher Baker at Christopher.Baker@noaa.gov. Contact Christopher Baker at Christopher.baker@noaa.gov for information regarding this solicitation. Inquiries and/or Questions shall be submitted electronically via email to Christopher.baker@noaa.gov no later than 1700hrs EST February 24�2021. CONTRACT CLAUSES 52.212-5�Contract Terms and Conditions Required To Implement Statutes or Executive Orders�Commercial Items (Jan 2021) (Deviation 2020-11) (Aug 2020) (Deviation 2020-05) (Apr 2020) (Deviation 2017-05)(Sept 2017) (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 2020) (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. 3805 note)). �� (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 (Jun 2020), 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 (Jun 2020) (41 U.S.C. 3509)). �� ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2020) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) �� ___ (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (41 U.S.C. 4712) relating to whistleblower protections) (Deviation 2017-05)(Sept 2017). XX (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Award (Jun 2020). (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (6) [Reserved]. __ (7) 52.204-14, Service Contract Reporting Requirements (Oct�2016) (Pub. L. 111-117, section 743 of Div. C). __ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct�2016) (Pub. L. 111-117, section 743 of Div. C). __ (9) 52.209-6, Protecting the Government�s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note). __ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). __ (11) [Reserved]. __ (12)(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. __ (13)(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. __ (14) [Reserved] �(15)(i) �52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15�U.S.C.�644). __ (ii) Alternate�I (Mar 2020) of 52.219-7. __ (16)(i) �52.219-7, Notice of Partial Small Business Set-Aside (Nov�2020) (15�U.S.C.�644). __ (ii) Alternate�I (Oct�1995) of 52.219-7. __ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15�U.S.C.�637(d)(2) and (3)). __ (18)(i) �52.219-9, Small Business Subcontracting Plan (Jun 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 (Jun 2020) of 52.219-9. __ (v) Alternate�IV (Jun 2020) of 52.219-9. �(19)(i)�52.219-13, Notice of Set-Aside of Orders�(Mar 2020)�(15�U.S.C.�644(r)). ��__��(ii)�Alternate I�(Mar 2020)�of�52.219-13. __ (20) 52.219-14, Limitations on Subcontracting (Mar 2020) (15�U.S.C.�637(a)(14)). __ (21) 52.219-16, Liquidated Damages�Subcontracting Plan (Jan�1999) (15�U.S.C. 637(d)(4)(F)(i)). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2020) (15�U.S.C. 657 f). XX(23) 52.219-28, (i) Post Award Small Business Program Rerepresentation (May 2020) (15�U.S.C. 632(a)(2)). �� (ii) Alternate I (MAR 2020) of 52.219-28. __ (24) 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)). __ (25) 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)). __ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)). __ (27) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)). XX (28) 52.222-3, Convict Labor (June�2003) (E.O.�11755). XX (29) 52.222-19, Child Labor�Cooperation with Authorities and Remedies (Jan 2020) (E.O.�13126). (Deviation 2020-11) (Aug 2020) XX (30) 52.222-21, Prohibition of Segregated Facilities (Apr�2015). XX (31) 52.222-26, Equal Opportunity (Sept�2016) (E.O.�11246). __ (32) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38�U.S.C.�4212). __ (33) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29�U.S.C.�793). __ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). __ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec�2010) (E.O. 13496). XX (36)(i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar�2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (37) 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.) __ (38)(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.) __ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun�2016) (E.O. 13693). __ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun�2016) (E.O. 13693). __ (41)(i) 52.223-13, Acquisition of EPEAT�-Registered Imaging Equipment (Jun�2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct�2015) of 52.223-13. __ (42)(i) 52.223-14, Acquisition of EPEAT�-Registered Televisions (Jun�2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun�2014) of 52.223-14. __ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b). __ (44)(i) �52.223-16, Acquisition of EPEAT�-Registered Personal Computer Products (Oct�2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun�2014) of 52.223-16. XX(45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). __ (46) 52.223-20, Aerosols (Jun�2016) (E.O. 13693). __ (47) 52.223-21, Foams (Jun�2016) (E.O. 13693). __ (48)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). __ (ii) Alternate I (JAN 2017) of 52.224-3. XX(49) 52.225-1, Buy American�Supplies (Jan 2021) (41�U.S.C.�chapter 83). __ (50)(i) �52.225-3, Buy American�Free Trade Agreements�Israeli Trade Act (Jan 2021) (19�U.S.C. 3301 note, 19�U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, [19 U.S.C. chapter 29 (sections 4501- 4732),] 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). (Deviation 2020-11) (Aug 2020) __ (ii) Alternate�II (May�2014) of 52.225-3. (Deviation 2020-11) (Aug 2020) __ (iii) Alternate�III (May�2014) of 52.225-3. __ (51) 52.225-5, Trade Agreements (Oct 2019) (19�U.S.C.�2501, et�seq., 19�U.S.C.�3301 note). (DEVIATION 2020-11) (AUG 2020) __ (52) 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). __ (53) 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). __ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov�2007) (42�U.S.C. 5150). __ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020). __ (56) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov�2007) (42�U.S.C. 5150). __ (57) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb�2002) (41�U.S.C.�4505, 10�U.S.C.�2307(f)). __ (58) 52.232-30, Installment Payments for Commercial Items (Jan�2017) (41�U.S.C.�4505, 10�U.S.C.�2307(f)). XX (59) 52.232-33, Payment by Electronic Funds Transfer�System for Award Management (Oct 2018) (31�U.S.C.�3332). __ (60) 52.232-34, Payment by Electronic Funds Transfer�Other than System for Award Management (Jul�2013) (31�U.S.C.�3332). __ (61) 52.232-36, Payment by Third Party (May�2014) (31�U.S.C.�3332). __ (62) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (31 U.S.C. 3903 and 10 U.S.C. 2307). (Deviation 2020-05) (April 2020) __ (63) 52.239-1, Privacy or Security Safeguards (Aug�1996) (5�U.S.C.�552a). __ (64) 52.242-5, Payments to Small Business Subcontractors (Jan�2017)(15 U.S.C. 637(d)(13)). __ (65)(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 II (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.�chapter 67). �� __ (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.�chapter 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 (Nov 2020). __ (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 (Jun 2020) (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 (Jun 2020) (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 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)). (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 (l) of FAR clause�52.222-17. (vii)�52.222-21, Prohibition of Segregated Facilities (Apr 2015) (viii)�52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (ix)�52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). (x)�52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). (xi)�52.222-37, Employment Reports on Veterans (Jun 2020) (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) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78�and E.O 13627).Alternate I (Mar 2015) of�52.222-50�(22 U.S.C. chapter 78 and E.O 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 (Nov 2020). (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). (xxii)�52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause�52.226-6. (xxiii)�52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b)�and�10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause�52.247-64. (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) FAR 52.212-4 Contract Terms and Conditions- Commercial Items (Oct 2018) As prescribed in 12.301(b)(3), insert the following clause: 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- Within a reasonable time after the defect was discovered or should have been discovered; and Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. 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. Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. 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. Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. 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. Invoice. 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- Name and address of the Contractor; Invoice date and number; Contract number, line item number and, if applicable, the order number; Description, quantity, unit of measure, unit price and extended price of the items delivered; Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; Terms of any discount for prompt payment offered; Name and address of official to whom payment is to be sent; Name, title, and phone number of person to notify in event of defective invoice; and Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. Electronic funds transfer (EFT) banking information. The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. 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. EFT banking information is not required if the Government waived the requirement to pay by EFT. 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. 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. Payment.- 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. 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. Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. 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. 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- Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); Affected contract number and delivery order number, if applicable; Affected line item or subline item, if applicable; and Contractor point of contact. Provide a copy of the remittance and supporting documentation to the Contracting Officer. Interest. 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. The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if� The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; 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 The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). 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. Amounts shall be due at the earliest of the following dates: The date fixed under this contract. The date of the first written demand for payment, including any demand for payment resulting from a default termination. The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- The date on which the designated office receives payment from the Contractor; 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 The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. 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. 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: Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. 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. 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 s...
Web Link: SAM.gov Permalink
(https://beta.sam.gov/opp/07cd262da7c2473c8d5f8affd4978a9c/view)
Place of Performance: Address: Pascagoula, MS 39567, USA; Zip Code: 39567; Country: USA
Record: SN05922552-F 20210224/210222230105 (samdaily.us)
Source: SAM.gov Link to This Notice
(may not be valid after Archive Date)

| FSG Index | This Issue's Index | Today's SAM Daily Index Page |

Loren Data's SAM Daily™

99 -- NM-AN2120-21-00705 Gordon Gunter ELINCA_LLTM_ANODES