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Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 9 Contract Number: GS-07F-0031W <br />(d) The information required in paragraph (c) of this clause shall be submitted via the internet at <br />www.sani.gov. (See SAM User Guide). If the Contractor fails to submit the report in a timely manner, <br />the Contracting Officer will exercise appropriate contractual remedies. In addition, the Contracting <br />Officer will make the Contractor's failure to comply with the reporting requirements a part of the <br />Contractor's perfonnance infornlation under FAR subpart 42.15. <br />(e) Agencies will review Contractor reported infornlation for reasonableness and consistency with <br />available contract infornlation. In the event the agency believes that revisions to the Contractor reported <br />infornlation are warranted, the agency will notify the Contractor no later than November 15. By <br />November 30, the Contractor shall revise the report, or document its rationale for the agency. <br />(f) (1) The Contractor shall require each first -tier subcontractor providing services under this <br />contract, with subcontract(s) each valued at or above the thresholds set forth in 4.1703(a)(2), <br />provide the following detailed infornlation to the Contractor in sufficient time to submit the <br />report: <br />(i) Subcontract number (including subcontractor name and unique entity identifier), and <br />(ii) The number of first -tier subcontractor direct -labor hours expended on the services <br />performed during the previous Government fiscal year. <br />(2) The Contractor shall advise the subcontractor that the infornlation will be made available to <br />the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010. <br />552.212-4 CONTRACT TERMS AND CONDITIONS — <br />COMMERCIAL ITEMS (OCT 2018) (DEVIATION — FEB 2007) <br />(DEVIATION - FEB 2018) <br />(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to <br />the requirements of this contract. The Government reserves the right to inspect or test any supplies or <br />services that have been tendered for acceptance. The Government may require repair or replacement of <br />nonconforming supplies or reperforniance of nonconforming services at no increase in contract price. If <br />repair/replacement or reperformance will not correct the defects or is not possible, the Government may <br />seek an equitable price reduction or adequate consideration for acceptance of nonconfornling supplies <br />or services. The Government must exercise its post -acceptance rights <br />(1) Within a reasonable time after the defect was discovered or should have been discovered; and <br />(2) Before any substantial change occurs in the condition of the item, unless the change is due to <br />the defect in the item. <br />(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result <br />of perfonnance of this contract to a bank, trust company, or other financing institution, including any <br />Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, <br />when a third party makes payment (e.g., use of the credit card), the Contractor may not assign its rights <br />to receive payment under this contract. <br />(c) Changes. Changes in the teens and conditions of this contract may be made only by written <br />agreement of the parties. <br />(d) Disputes. This contract is subject to 41 U.S.C. chanter 71, Contract Disputes. Failure of the parties <br />to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action <br />arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause <br />at FAR 52.233-11 Disputes, which is incorporated herein by reference. The Contractor shall proceed <br />diligently with perforniance of this contract, pending final resolution of any dispute arising under the <br />contract. <br />Page:67 of 211 <br />