Simplified Acquisition Terms and Conditions

For Supplies and Services

(Excluding Construction and Architect/Engineer Orders; Excluding Moving Services Orders)
52.252-2 Clauses Incorporated by Reference (JUNE 1988). This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Where necessary, the Government has indicated required clause information specific to this contract. Note: Clauses that do not apply to this purchase order are self deleting.

Federal Acquisition Regulation (48 CFR Chapter 1) Clauses:

Department of Health and Human Services Acquisition Regulation/Public Health Service Acquisition Regulations (HHSAR) (PHSAR) (48 CFR CHAPTER 3) Clauses:

PHS 352.223-70 Safety and Health (APR 84)

HHS 352.270-1 Accessibility of Meetings, Conferences and Seminars to Persons with Disabilities (APR 84)

HHS 352.270-6 Publication and Publicity (JUL 91)

HHS352.270-7 Paperwork Reduction Act (APR 84)

PHS 352.280-1b Protection of Human Subjects (OCT 86)

PHS 352.280-2b Care of Live Vertebrate Animals (OCT 86) (Applicable to services involving live vertebrate animals.)

HHS 352.334-70 Confidentiality of Information (APR 84)

Invoice and Payment Provisions

The following clause is applicable to all purchase orders: Prompt Payment (MAR 97) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

I. Invoice Requirements

An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions (I) through (viii) below. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after receipt of the invoice at the designated billing office (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, edible fats or oils.) (See exceptions under II., below.) Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor.

(i) Name and Address of the Contractor.
(ii) Invoice date.
(iii) Purchase Order number.
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.
(v) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms.)
(vi) Name and complete mailing address where payment is to be sent.
(vii) Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice.
(viii) Any other information or documentation required by the purchase order (such as evidence of shipment).

Shipping costs will be reimbursed only if authorized by the Purchase Order; if authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.

Mail an original and one copy of the itemized invoice to:

National Institutes of Health
Accounts Payable Section, DFM
Building 31, Room B1B39
31 CENTER DR MSC 2045
BETHESDA MD 20892-2045

For inquiries regarding payment call:

Accounts Payable Section, DFM
(301) 496-6088

For inquiries regarding receiving, inspection and acceptance, rejections, or technical issues, call the phone number in Block 4 of Form NIH 2555.

II. Invoice Payment

A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

(I) The 30th day after the designated billing office has received a proper invoice.

(ii) The 30th day after Government acceptance of supplies delivered or services performed.

B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.

III. Interest Penalties

A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.

(i) A proper invoice was received by the designated billing office.
(ii) A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with an term or condition.
(iii) In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor.

B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.