VESSEL FUEL DELIVERY

The United States Army Corps of Engineers Vicksburg District (MVK) has a requirement to furnish and deliver up to $24,000 of #2 off road diesel fuel to the M/V Fred Lee and the crane barge that accompany this vessel and $24,000 of #2 off road diesel fuel to the M/V Strong and the crane barge that accompany this vessel as described in the Statement of Work. This is a combined synopsis/solicitation for commercial Services 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. The solicitation number for this requirement is W912EE-17-T-0003 and will be issued as a RFQ. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-87. FAR clause 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. Please include a completed copy of the provision at 52.212-3, Alt 1, Offeror Representations and Certifications. This is a total Small business set-aside. The NAICS code is 324191 and the applicable Small Business Size Standard is 750 employees. System for Award Management (SAM) applies as required by FAR 4.1102. Offerors must be registered in SAM prior to award. Lack of registration in the SAM database will make an offeror ineligible for award. Information on SAM registration & Representations and Certifications can be obtained at https://www.sam.gov/portal/public/SAM/#1. Please check fbo.gov frequently for any updated changes that may occur. Point of contact for this solicitation is Velma Grant at Velma.Grant@usace.army.mil. Please submit quotes by 20 Dec 2:00PM CST. PROPOSAL COVER PAGE US Army Corps of Engineer, Vicksburg District Contracting Division 4155 Clay Street Room 120 Vicksburg, MS 39180 W912EE-17-T-0003, Fuels for M/V Strong & M/V Fred Lee Submitted by Offeror Name: Offeror Address: Offeror Address Cont'd: Cage Code: DUNS Number: TIN: Email Address: Signature: INSTRUCTIONS TO OFFERORS U.S. Postal: Vicksburg District U.S. Army Corps of Engineers ATTN: Velma Grant 4155 Clay Street Vicksburg, MS 39183-3435 Delivery Service: (UPS, FED EX, ETC.) Vicksburg District U.S. Army Corps of Engineers ATTN: Velma Grant 4155 Clay Street Vicksburg, MS 39183-3435 Section B - Supplies or Services and Prices AMOUNT Fuel, Furnish and Deliver FFP The vender shall provide all plant, labor, equipment, materials, and supplies necessary to furnish and deliver up to $24,000 of #2 off road diesel fuel to the M/V Fred Lee and the crane barge that accompany this vessel as described in the Specifications of the Statement of Work. FOB: Destination NET AMT AMOUNT Fuel, Furnish and Deliver FFP The vender shall provide all plant, labor, equipment, materials, and supplies necessary to furnish and deliver up to $24,000 of #2 off road diesel fuel to the M/V Strong and the crane barge that accompany this vessel as described in the Specifications of the Statement of Work. FOB: Destination NET AMT Section C - Description and Specifications STATEMENT OF WORK (SOW) STATEMENT OF WORK VESSEL FUEL DELIVERY SCOPE. The vender shall provide all plant, labor, equipment, materials, and supplies necessary to furnish and deliver up to $24,000 of #2 off road diesel fuel to the M/V Fred Lee and the crane barge that accompany this vessel and $24,000 of #2 off road diesel fuel to the M/V Strong and the crane barge that accompany this vessel. All fuel shall be delivered by truck and transferred to the vessels as they are located at docks or locks and dams within the Red River and Ouachita/Black Navigation Systems in Louisiana and Arkansas. The range of delivery may encompass locations from Boggs Lock and Dam to Waggoner Lock and Dam on the Red River. The range of delivery may encompass locations from Jonesville Lock and Dam to Thatcher Lock and Dam on the Ouachita/Black River. Also fuel shall be delivered to Vicksburg MS. Fuel shall be delivered in increments averaging 5,000 gallons per shipment or as needed. The location list below indicates possible river delivery locations relative to the nearest city or town: The fuel will be delivered starting the January 2017 thru December 2017. RED RIVER OUACHITA/BLACK Boggs Lock and Dam Marksville, LA Jonesville Lock and Dam Jonesville, LA Overton Lock and Dam Alexandria, LA Columbia, Lock and Dam Columbia, LA Central Maintenance Colfax, LA Central Maintenance Monroe, LA Long Lock and Dam Coushatta, LA Felsenthal Lock and Dam Huttig, AR Waggoner Lock and Dam Shreveport, LA Thatcher Lock and Dam Strong, AR Other Locations Include Vicksburg Harbor Vicksburg MS Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts: Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/ Department of Veterans Affairs-VOW to Hire Heroes Act http://benefits.va.gov/vow/ Army Wounded Warriors Program- http://wtc.army.mil/modules/employers/index.html U.S. Chamber of Commerce Foundation-Hiring Our Heroes http://www.hiringourheroes.org/ Guide to Hiring Veterans-Reference Material http://www.whitehouse.gov/sites/default/files/docs/white_house_business_council_-_guide_to_hiring_veterans_0.pdf QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) FOR Contract: Contractor: 1. PURPOSE. This QASP is a Government developed and applied document used to ensure that the Contractor performs all requirements of the Contract/Order, that the Government receives quality services, and that the Government pays only for services actually provided. The QASP provides a systematic method to evaluate the services the contractor is required to furnish. 2. SCOPE. The Contractor is responsible for management and quality control necessary to perform the required services. The QASP provides for the Government's oversight of the Contractor's quality control efforts to assure timely, responsive services are provided IAW the Contract/Order. The contractor is responsible for management and quality control actions to meet the terms of the contract. The role of the Government is to perform quality assurance to ensure contract standards are achieved. 3. ROLES AND RESPONSIBILITIES. Contracting Officer (KO): A duly appointed individual with the authority to enter into, administer and terminate contracts on behalf of the Government. Only the KO can legally commit the Government and, as the Government's agent, modify the Contract/Order. The KO is the final authority for determining adequacy of the Contractor's performance. KO decisions arising under or relating to the contact are final. Contracting Officer's Representative (COR) - An individual designated in writing by the KO to perform specific technical and administrative functions within the scope and limitations of their written appointment (e.g., surveillance of Contractor's performance, accept services). The COR is not empowered to make any contractual commitments or authorize any changes to the order/contract or in any way obligate additional funds by the Government; such authority rests solely with the KO. 4. METHODS OF SURVEILLANCE. Simplified methods of surveillance will be used by the Government to evaluate contractor performance. The primary methods of surveillance are periodic inspections and/or customer feedback. Periodic Inspections - Periodic Inspections could be a onetime evaluation of contractor performance for short duration contracts or for services that occur over a number of months, the COR will perform an inspection on a monthly basis and upon completion of the services. Periodic Inspection could be COR on-site inspection or the use of objective quality evidence such as customer feedback or trusted contractor supplied performance data. Customer Feedback - Customer feedback is typically obtained via telephone or email. Telephonic customer complaints must be followed up in writing/email. The customer complaint must clearly articulate the nature of the complaint, time, date, etc. The COR will investigate the complaint; if determined valid, the COR will advise the KO and the Contractor of the deficiency. Copies of valid complaints and the resolution must be retained in the official contract file. 5. QUALITY ASSURANCE (QA) SURVEILLANCE TASKS. a. The COR will perform surveillance on all services required of the contractor either through periodic inspection or the use of objective quality evidence (i.e. customer feedback or evaluation of contractor supplied performance data), and will ensure all required services of the Contract/Order are properly executed. b. The COR will immediately report any noted contractual deficiencies to the Contractor and the KO, to include date, specific contract requirement, deficiency, request for contractor corrective action and suspense date. When Contractor contractual performance deficiencies are noted increased periodic inspections will take place to assure contract compliance. c. The COR will re-inspect services that were found deficient. Failure to complete corrective actions will be reported immediately to the KO for further action. d. Upon satisfactory completion of the work, the COR will accept the services provided and authorize payment, by approving the Contractor's invoice in Wide Area Workflow. 6. DOCUMENTATION. When services are provided IAW the Contract/Order it is not uncommon for a low dollar value and low complexity and/or duration service to be performed without any remedial actions required by the Government. Based on the low dollar value and the low complexity and/or duration of the Contract/Order, documentation will be kept to a minimum. Documentation of COR surveillance of contractor performance can be as simple as a memo for record as long as it includes date, type of surveillance, what was observed and results. The COR must forward all records they maintained to the KO after accepting the Contractor's services for use in the event of a future contract claim/dispute. Section E -Inspection and Acceptance INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government 0002 Destination Government Destination Government Section F - Deliveries or Performance DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 POP 01-JAN-2017 TO N/A PR W2R9 ENDIST VICKSBURG W807PM 31-DEC-2017 SEE SCHEDULE 4155 CLAY ST VICKSBURG MS 39180-3435 FOB: Destination 0002 POP 01-JAN-2017 TO N/A (SAME AS PREVIOUS LOCATION) W807PM 31-DEC-2017 FOB: Destination Section I - Contract Clauses CLAUSES INCORPORATED BY REFERENCE 52.202-1 Definitions NOV 2013 52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.212-3 Offeror Representations and Certifications -Commercial Items OCT 2016 52.222-38 Compliance with Veterans' Employment Reporting requirements FEB 2016 52.222-55 Minimum Wages under Executive Order 13658 DEC 2015 52.223-10 Waste Reduction Program MAY 2011 52.232-11 Extras APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2015 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JUN 2013 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification of Transportation Of Supplies By Sea MAR 2000 CLAUSES INCORPORATED BY FULL TEXT 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: XX Award shall be made on the basis of the lowest evaluated price of offers that meet or exceed the acceptable standards for non-price factors. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAY 2015) (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 re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance 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'', as amended (41 U.S.C. 601-613). 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 or 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, contract 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 contract 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 32.607-2). (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. (l) 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. chapter 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; and (9) the specification. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or changeof- name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. (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 refe...