September 28, 2007.
The total price is $752,500.00.
Contractor shall submit invoices in accordance with the following progress payment schedule.
Upon receipt of the following deliverables AND verification by SDR of completed tasks, progress payments are allowed as follows:
The Contractor and Sandia agree that the work required to complete this contract will cost more than the amount authorized by Sandia. Nevertheless, the total Sandia price for this contract shall not exceed $752,500 regardless of the total costs incurred. The Contractor accepts this contract on a cost share basis and agrees to fund any costs in excess of the $752,500 price paid by Sandia.
The Contractor estimates that it will expend at least $239,910 of its own funds for completing the work set forth in Clause 1, Statement of Work. Sandia's Firm Fixed Price is limited to the amount stated above as Sandia's contribution to complete the work. Any expenditures beyond the Firm Fixed Price of $752,500 shall be the responsibility of the Contractor.
Contractor shall submit an original invoice within thirty (30) days of delivery of goods or services or once monthly within the Period of Performance in accordance with contract Terms and Conditions. Final invoices shall be noted as such.
INVOICING INSTRUCTIONS: Any deviation from the following invoicing instructions, including invoices delivered to a street address MAY DELAY PAYMENT.
-include Purchase Order (PO)/Contract Number (Document Number = PO/Contract Number),
-include the Contractor's name (as stated in the PO/contract) and the "remit to" address,
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Operated for the U.S. Department of Energy by Sandia Corporation
-include any applicable freight charges (including freight forwarder charges paid by Contractor), and
-include freight bill for any freight charges of $50 or. more.
Notes:
-Invoice each PO/contract separately.
-In order for payment to occur, any freight charges invoiced separately by either a freight carrier or a supplier must include: contract number or Sandia project and task number, and organization number.
2. | Do not submit duplicate invoices. |
3. Payment information may be obtained at URL address: http://www.sandia.gov/supplier/websupplier/index.html or by calling (505) 845-9600. Additional information may be obtained by calling the Integrated Enabling Services (IES) Help Desk at (505) 845-9377.
CLAUSE 5 - ACQUISITION CONFLICT RESOLUTION PROCESS -850-ACR (12-04)
Sandia encourages open, honest communication between suppliers, Contractors, and the Sandia Contracting Representative (SCR) in resolving a concern. It is always best to resolve issues in an open atmosphere between the suppliers, Contractors, and SCRs without escalating the problem. The goal is to ensure timely resolution of the problem without undue expense to either parties involved.
It is the intent of Sandia to resolve supplier and Contractor concerns through a Conflict Resolution Process, that is timely, includes several options, is easy to use, and provides satisfactory results to both the supplier, Contractor, and Sandia. This process is described at the following URL address: http://www.sandia.gov/supplier/docs/conflict-res.pdf
Among the options available is for the suppliers and Contractors is to use the Sandia Ombuds Office at (505) 844-9763 (New Mexico) or (925) 294-3655 (California) to address concerns regarding Sandia procurement actions.
By submitting a response to the solicitation, the supplier agrees to use the Acquisition Conflict Resolution Process at the URL listed to resolve award controversies.
After award of a contract/agreement, the Contractor agrees to the Acquisition Conflict Resolution Process at the URL listed to resolve any contract/agreement disputes that occur during the performance of the contract/agreement.
CLAUSE 6 - REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA -CONTRACT MODIFICATIONS -209-PD (07-02)
I. Exceptions from cost or pricing data.
A. In lieu of submitting cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth at FAR 15.403-4 on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a
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Sandia National Laboratories
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written request for exception by submitting the information described in the following subparagraphs. The Sandia Contracting Representative (SCR) may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted and whether the price is fair and reasonable --
1. Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.
2. Information on modifications of contracts or subcontracts for commercial items.
a) If (1) The original contract or subcontract was granted an exception from cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial item; and (2) the modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of an item other than a commercial item.
b) For a commercial item exception, the Contractor shall provide, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification.
Such information may include: (1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities; (2) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market; (3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.
3. The Contractor grants the SCR or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Contractor's determination of the prices to be offered in the catalog or marketplace.
II. Requirements for cost or pricing data.
If the Contractor is not granted an exception from the requirement to submit cost or pricing data, the following applies:
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A. The Contractor shall submit cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408.
B. As soon as practicable after agreement on price, but before award (except for unpriced actions), the Contractor shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.
CLAUSE 7 - DELEGATION OF AUTHORITY -404-KDB (05-06)
The following Sandia personnel are hereby authorized to act as Sandia Delegated Representatives (SDRs) for the specific purpose(s) shown, subject to the Section II limitations as authorized.
Delegated representatives shall exercise no supervision over the Contractor's employees.
Sandia Delegated Representative(s) (SDR):
NAME | PHONE | ORG/MS | |
GARTH P. COREY | (505)844-1722 | 06217/MS0710 |
DUTIES DELEGATED:
Technical liaison with authority to review and approve invoices and accept deliverables.
NOTE: The Sandia Contracting Representative (SCR) is the only person who can legally obligate Sandia for the expenditure of funds, change scope and/or level of effort and/or terms and conditions, negotiate, and sign documents legally binding Sandia. COMMITMENT, OBLIGATIONS OR PROMISES, IMPLIED OR EXPRESSED, BY SANDIA PERSONNEL OTHER THAN THE SCR DO NOT BIND SANDIA IN ANY MANNER.
CLAUSE 8 - ORGANIZATIONAL CONFLICTS OF INTEREST -824-DR (02-04)
The requirements of Section II Clause DEAR 952.209-8 Organizational Conflicts of Interest Disclosure and DEAR 952.209-72 Organizational Conflicts of Interest Alternate 1 apply to this contract. The term specified under paragraph (b) (1) shall be 5 years.
DOCUMENTS INCORPORATED BY REFERENCE
Certificate of Current Cost or Pricing Data, SF 6432-AAA
http://www.sandia.gov/supplier/forms/index.html
