ARTICLE H.23. REMITTANCE PROCEDURES FOR SALE OF RESEARCH SUBSTANCES AND LIVING ORGANISMS
The Contractor shall make available to individuals and entities, for biomedical and behavioral research, research substances and/or living organisms under the terms and conditions specified below and in Section C, Description/Specifications/Statement of Work, of this contract.
The Contractor shall bill recipients directly for the research substances and/or living organisms provided, including any shipping and handling costs, which shall be itemized separately on the recipient's invoice. The prices charged for research substances and/or living organisms shall be as specified in the price list, which is included as an attachment in Section J of this contract. Under no circumstances shall the Contractor bill prices other than those included in the price list unless directed to do so by the Contracting Officer or his/her designated representative. The Government, without the concurrence of the Contractor, may revise the price of the research substances and/or living organisms being made available. The Contracting Officer or his/her designated representative may direct the Contractor to make the research substances and/or living organisms available free of charge to recipients, including any shipping and handling costs.
The Contractor shall include with each shipment/transfer of research substances and/or living organisms to recipients an invoice substantially the same as the Sample Recipient Invoice, which is included as an attachment in Section J of this contract, and instruct the recipients how and when to make payments.
The Contractor shall assign a unique invoice number to each invoice and instruct recipients to remit payment to the Contractor in U.S. dollars by check or other method acceptable to the Contractor within 15 calendar days from the date of the invoice. All payments shall be made payable to the Contractor.
The Contractor shall inform the recipients of the research substances and/or living organisms prior to shipment/transfer that: 1) such research materials are not returnable and the costs associated with providing them, including shipping and handling, are not refundable; and 2) failure to pay an invoice may result in future purchase requests being denied. The Contractor shall contact the Contracting Officer and his/her designated representative immediately if there are any issues with the research substances and/or living organisms provided to the recipients.
Shipping and handling costs are defined as follows: 1) shipping costs are costs charged for delivering the research substances and/or living organisms to the recipient, including insurance, if required; and 2) handling costs are the costs charged for preparing the research substances and/or living organisms for shipment/transfer, including labor, packaging, and invoicing. Excessive shipping and handling charges are to be avoided. Establishment of flat rate shipping and handling charges is encouraged; however, such charges must be approved in advance by the Contracting Officer or his/her designated representative.
The Contractor shall keep an accurate account of all sales of research substances and/or living organisms on a calendar month basis and report the following information to the Government: 1) recipient's name, address, and contact information; 2) quantity; 3) item shipped/transferred; 4) unit price; 5) shipping and handling charges; 6) total charges; 7) shipment/transfer date; 8) invoice number; and 9) payment due date. This information shall be reported on the form, Monthly Summary of Sales, which is included as an attachment in Section J of this contract, and submitted to the Government in accordance with the delivery schedule in Section F of this contract. [Identify designated staff in Section F, Deliveries, to receive a copy of the Monthly Summary of Sales, which will be used to enter accounts receivables in the NIH Business System (NBS), as well as for contract administration purposes. The delivery date for the Monthly Summary of Sales should not extend beyond 10 business days from the close of the reporting period, i.e., the end of each calendar month.]
Upon receipt by the Government of the Monthly Summary of Sales, the Government will provide the Contractor with an invoice number needed to process payments through the U.S. Department of Treasury's government-wide collection portal, Pay.gov. Within 30 calendar days of receipt of the invoice number from the Government, the Contractor shall submit payment to the Government through Pay.gov for the research substances and/or living organisms associated with the invoice number received from the Government. Before submitting payment through Pay.gov, the Contractor shall reconcile the sales of research substances and/or living organisms reported on the Monthly Summary of Sales with the payment to be submitted to the Government.
[NIH staff responsible for providing the invoice number to the Contractor shall clearly identify the contract/order number and calendar month of sales to which it applies.] For assistance with Pay.gov, reference the NIH Pay.gov User Guide included as an attachment in Section J of this contract. For further assistance, contact
Examination of costs and transaction records related to the sale of research substances and/or living organisms shall be subject to the terms and conditions of this contract, including FAR Clause 52.215-2, Audit and Records-Negotiation, and its applicable Alternates.
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****(USE BELOW IN ALL SOLICITATIONS AND CONTRACTS FOR R&D REQUIREMENTS INCLUDING SBIRs.)****
