21RJQ98_SOL.pdf

SEE ADDENDUM

(No Collect Calls)

N0016421RJQ98 09-Jul-2021

b. TELEPHONE NUMBER

812-854-4261

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 13 Aug 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N001649. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MARK V DRAVET

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL SURFACE WARFARE CENTER CRANE DIV

M. DRAVET (812-854-4261)

BLDG 121

300 HWY 361

CRANE IN 47522-5001

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-A7

CODE15. DELIVER TO CODE N00164 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL SURFACE WARFARE CENTER CRANE DIV

M/F: ADAM SCHULTE (BLDG 3291)

LASERS - BLDG 3291

300 HWY 361

CRANE IN 47522-5001

TEL: 812-854-4792 FAX:

FAX:

TEL: 812-854-4261 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

333314

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF88

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N0016421RJQ98

Section 1.0 - Schedule/Inspection & Acceptance/Delivery

ITEM NO SUPPLIES/SERVICES MAX QTY U/I UNIT PRICE MAX AMOUNT

0001 Black Breakaway Mount

UNDEFINED Lot

In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device Mount and includes Statement of Work (SOW) 3.1.1 and 3.2.1.

PSC: 5855

FOB: Destination

FFP

0002 Tan Breakaway Mount

0003 Black Non-Breakaway Mount

0004 Tan Non-Breakaway Mount

0005 Black Shroud

Mount.

Shroud- A semi-permanent mounting bracket which hard mounts to a low profile interface of the helmet mount via mounting hardware. The low profile helmet interface shroud (bracket) that attaches permanently to the helmet using the one-hole or three-hole configuration common to the Advanced and Enhanced helmets.

0006 Tan Shroud

Mount.

Shroud- A semi-permanent mounting bracket which hard mounts to a low profile interface of the helmet mount via mounting hardware. The low profile helmet interface shroud (bracket) that attaches permanently to the helmet using the one-hole or three-hole configuration common to the Advanced and Enhanced helmets.

0007 Black Strap

Mount.

Strap- material which allows attachment to Advanced and Enhanced combat helmets that allows for secure retention of the NVD without hardware. This typically includes a tightening mechanism which allows for the material to be secured on to the helmet.

0008 Tan Strap

Mount.

Strap- material which allows attachment to Advanced and Enhanced combat helmets that allows for secure retention of the NVD without hardware. This typically includes a tightening mechanism which allows for the

0009 Black Facemask

Mount.

Facemask-an ergonomically correct design used to support mounting of a Night Vision Device (NVD), directly to a soldier head securely, without usage of a helmet.

0010 DATA

1 Lot

CLIN(s) 0001 thru 0003 in accordance With (IAW) the Statement of Work (SOW) Paragraph(s) 3.2.1, 3.2.2, and 3.2.3, CDRL(s) A001 thru A003 provided in Section J, and applicable DID(s).

1001 Black Breakaway Mount

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device Mount and includes Statement of Work (SOW) 3.1.1 and 3.2.1. Option Year 1

1002 Tan Breakaway Mount UNDEFINED Lot

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device

1003 Black Non-Breakaway Mount

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device

1004 Tan Non-Breakaway Mount

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device

1005 Black Shroud

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device Mount. Option Year 1

Shroud- A semi-permanent mounting bracket which hard mounts to a low profile interface of the helmet mount via mounting hardware. The low profile helmet interface shroud (bracket) that attaches permanently to the helmet using the one-hole or three-hole configuration common to the Advanced and Enhanced helmets.

1006 Tan Shroud

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device Mount. Option Year 1

Shroud- A semi-permanent mounting bracket which hard mounts to a low profile interface of the helmet mount via mounting hardware. The low profile helmet interface shroud (bracket) that attaches permanently to the helmet using the one-hole or three-hole configuration common to the Advanced and Enhanced helmets.

1007 Black Strap

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device Mount. Option Year 1

Strap- material which allows attachment to Advanced and Enhanced combat helmets that allows for secure retention of the NVD without hardware. This typically includes a tightening mechanism which allows for the

1008 Tan Strap

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device Mount. Option Year 1

Strap- material which allows attachment to Advanced and Enhanced combat helmets that allows for secure retention of the NVD without hardware. This typically includes a tightening mechanism which allows for the

1009 Black Facemask

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device Mount. Option Year 1

Facemask-an ergonomically correct design used to support mounting of a Night Vision Device (NVD), directly

2001 Black Breakaway Mount

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device Mount and includes Statement of Work (SOW) 3.1.1 and 3.2.1. Option Year 2

2002 Tan Breakaway Mount

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device

2003 Black Non-Breakaway Mount

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device

2004 Tan Non-Breakaway Mount

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device

2005 Black Shroud

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device Mount. Option Year 2

Shroud- A semi-permanent mounting bracket which hard mounts to a low profile interface of the helmet mount via mounting hardware. The low profile helmet interface shroud (bracket) that attaches permanently to the helmet using the one-hole or three-hole configuration common to the Advanced and Enhanced helmets.

2006 Tan Shroud

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device Mount. Option Year 2

Shroud- A semi-permanent mounting bracket which hard mounts to a low profile interface of the helmet mount via mounting hardware. The low profile helmet interface shroud (bracket) that attaches permanently to the helmet using the one-hole or three-hole configuration common to the Advanced and Enhanced helmets.

2007 Black Strap

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device Mount. Option Year 2

Strap- material which allows attachment to Advanced and Enhanced combat helmets that allows for secure retention of the NVD without hardware. This typically includes a tightening mechanism which allows for the

2008 Tan Strap

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device Mount. Option Year 2

Strap- material which allows attachment to Advanced and Enhanced combat helmets that allows for secure retention of the NVD without hardware. This typically includes a tightening mechanism which allows for the

2009 Black Facemask

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device Mount. Option Year 2

Facemask-an ergonomically correct design used to support mounting of a Night Vision Device (NVD), directly

3001 Black Breakaway Mount

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device Mount and includes Statement of Work (SOW) 3.1.1 and 3.2.1. Option Year 3

3002 Tan Breakaway Mount

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device

3003 Black Non-Breakaway Mount

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device

3004 Tan Non-Breakaway Mount

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device

3005 Black Shroud

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device Mount. Option Year 3

Shroud- A semi-permanent mounting bracket which hard mounts to a low profile interface of the helmet mount via mounting hardware. The low profile helmet interface shroud (bracket) that attaches permanently to the helmet using the one-hole or three-hole configuration common to the Advanced and Enhanced helmets.

3006 Tan Shroud

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device Mount. Option Year 3

Shroud- A semi-permanent mounting bracket which hard mounts to a low profile interface of the helmet mount via mounting hardware. The low profile helmet interface shroud (bracket) that attaches permanently to the helmet using the one-hole or three-hole configuration common to the Advanced and Enhanced helmets.

3007 Black Strap

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device Mount. Option Year 3

Strap- material which allows attachment to Advanced and Enhanced combat helmets that allows for secure retention of the NVD without hardware. This typically includes a tightening mechanism which allows for the

3008 Tan Strap

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device Mount. Option Year 3

Strap- material which allows attachment to Advanced and Enhanced combat helmets that allows for secure retention of the NVD without hardware. This typically includes a tightening mechanism which allows for the

3009 Black Facemask

OPTION In accordance with (IAW) Performance Specification PRF/21/JXQS/171, Binocular Night Vision Device Mount. Option Year 3

Facemask-an ergonomically correct design used to support mounting of a Night Vision Device (NVD), directly

PRICE MATRIX

PRICING MATRIX

CLIN 0001, 0002, 1001, 1002, 2001, 2002, 3001, 3002 Helmet Mounts, Breakaway

Delivery Order Unit Price Matrix Option Years

Qty. Yr. 1 Yr. 2 Yr. 3 Yr. 4 Yr. 5 Yr 6 Yr. 7 Yr. 8

50 ‐ 99

100 ‐ 499

500 ‐ 899

900 ‐ 999

1000‐4999

5000‐6500

NOTES:

1) Offerors are encouraged to propose their best prices in response to the RFP . To do so, an offeror may provide quantity price levels (i.e. 50 ‐ 150; 151 ‐ 300, etc.) that differ from the quantity price breaks in the price matrix above.

If an offeror deviates from the price matrix quantities, the proposal must provide prices that covers all relevant quantities commencing with the minimum delivery order quantity of 50/ea units and concluding with the maximum delivery order quantity of 6500/ea units.

2) Insert unit prices in the Price Matrix

3) Unit prices are per Delivery Order

CLIN 0003, 0004, 1003, 1004, 2003, 2004, 3003, 3004 Helmet Mounts, Non‐Breakaway

Qty. Yr. 1 Yr. 2 Yr. 3 Yr. 4 Yr. 5 Yr 6 Yr. 7 Yr. 8

50 ‐ 99

100 ‐ 499

500 ‐ 899

900 ‐ 999

1000‐4999

5000‐6500

NOTES:

1) Offerors are encouraged to propose their best prices in response to the RFP . To do so, an offeror may provide quantity price levels (i.e. 50 ‐ 150; 151 ‐ 300, etc.) that differ from the quantity price breaks in the price matrix above.

If an offeror deviates from the price matrix quantities, the proposal must provide prices that covers all relevant quantities commencing with the minimum delivery order quantity of 50/ea units and concluding with the maximum delivery order quantity of 6500/ea units.

CLIN 0005, 0006, 1005, 1006, 2005, 2006, 3005, 3006 Shroud

Qty. Yr. 1 Yr. 2 Yr. 3 Yr. 4 Yr. 5 Yr 6 Yr. 7 Yr. 8

50 ‐ 99

100 ‐ 499

500 ‐ 899

900 ‐ 999

1000‐4999

5000‐6500

NOTES:

1) Offerors are encouraged to propose their best prices in response to the RFP . To do so, an offeror may provide quantity price levels (i.e. 50 ‐ 150; 151 ‐ 300, etc.) that differ from the quantity price breaks in the price matrix above.

If an offeror deviates from the price matrix quantities, the proposal must provide prices that covers all relevant quantities commencing with the minimum delivery order quantity of 50/ea units and concluding with the maximum delivery order quantity of 6500/ea units.

CLIN 0007, 0008, 1007, 1008, 2007, 2008, 3007, 3008 Strap

Qty. Yr. 1 Yr. 2 Yr. 3 Yr. 4 Yr. 5 Yr 6 Yr. 7 Yr. 8

50 ‐ 99

100 ‐ 499

500 ‐ 899

900 ‐ 999

1000‐3500

NOTES:

1) Offerors are encouraged to propose their best prices in response to the RFP . To do so, an offeror may provide quantity price levels (i.e. 50 ‐ 150; 151 ‐ 300, etc.) that differ from the quantity price breaks in the price matrix above.

If an offeror deviates from the price matrix quantities, the proposal must provide prices that covers all relevant quantities commencing with the minimum delivery order quantity of 50/ea units and concluding with the maximum delivery order quantity of 3500/ea units.

CLIN 0009, 1009, 2009, 3009 Facemask

Qty. Yr. 1 Yr. 2 Yr. 3 Yr. 4 Yr. 5 Yr 6 Yr. 7 Yr. 8

10 ‐ 39

40 ‐ 79

80 ‐ 129

130 ‐ 170

NOTES:

1) Offerors are encouraged to propose their best prices in response to the RFP . To do so, an offeror may provide quantity price levels (i.e. 50 ‐ 150; 151 ‐ 300, etc.) that differ from the quantity price breaks in the price matrix above.

If an offeror deviates from the price matrix quantities, the proposal must provide prices that covers all relevant quantities commencing with the minimum delivery order quantity of 10/ea units and concluding with the maximum delivery order quantity of 170/ea units.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$500,000.00 $16,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 50.00

6,500.00

0002 50.00

0003 50.00

0004 50.00

0005 50.00

0006 50.00

0007 50.00

3,500.00

0008 50.00

0009 10.00

170.00

1001 50.00

1002 50.00

1003 50.00

1004 50.00

1005 50.00

1006 50.00

1007 50.00

1008 50.00

1009 10.00

2001 50.00

2002 50.00

2003 50.00

2004 50.00

2005 50.00

2006 50.00

2007 50.00

2008 50.00

2009 10.00

3001 50.00

3002 50.00

3003 50.00

3004 50.00

3005 50.00

3006 50.00

3007 50.00

3008 50.00

3009 10.00

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 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 1007 Destination Government Destination Government 1008 Destination Government Destination Government 1009 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 2007 Destination Government Destination Government 2008 Destination Government Destination Government 2009 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 3006 Destination Government Destination Government 3007 Destination Government Destination Government 3008 Destination Government Destination Government 3009 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 250 Each 60 Calendar Days after the effective date of funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A NAVAL SURFACE WARFARE CENTER

CRANE DIV

M/F: ADAM SCHULTE (BLDG 3291)

LASERS - BLDG 3291

300 HWY 361

CRANE IN 47522-5001

812-854-4792

N00164

0002 250 Each 60 Calendar Days after the effective date of funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

0003 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

0004 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

0005 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

0006 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

0007 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

0008 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

0009 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 31-MAR-2022 TO 31-

MAR-2027

N/A (SAME AS PREVIOUS LOCATION)

1001 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

1002 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

1003 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

1004 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

1005 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

1006 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

1007 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

1008 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

1009 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

2001 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

2002 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

2003 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

2004 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

2005 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

2006 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

2007 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

2008 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

2009 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

3001 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

3002 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

3003 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

3004 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

3005 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

3006 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

3007 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

3008 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

3009 250 Each 60 Calendar Days funded delivery order with 250 each not later than 30 calendar days thereafter until complete.

N/A (SAME AS PREVIOUS LOCATION)

DELIVERY INFORMATION NOTE

NOTE

The Contractor is authorized to deliver the ordered units before the subject delivery date(s) at no additional cost to the Government.

LATE DELIVERY: In the event the contractor encounters difficulty in complying with the delivery schedule or anticipates late delivery, it shall promptly provide written notification to the delivery order Contracting Officer including the details. If the contractor request delivery schedule relief, the contractor shall include an offer of adequate consideration to compensate for the impact of late deliveries to the customer. Government receipt of such notice shall not relieve the contractor of its responsibility to comply with the terms of the delivery order and this contract, including the delivery schedule.

The Government does not relieve the contractor of its responsibility to comply with the terms of the delivery order, including the delivery schedule. Past performance will be documented as late.

CLAUSES INCORPORATED BY REFERENCE

52.246-15 Certificate of Conformance APR 1984

STATEMENT OF WORK

FOR

NAVAL SURFACE WARFARE NIGHT VISION ELECTRO-OPTICS

VISUAL AUGMENTATION SYSTEMS BINOCULAR NIGHT VISION

DEVICE HELMET MOUNT

(VAS BNVD HELMET MOUNT)

Prepared by:

CRANE DIVISION

NAVAL SURFACE WARFARE CENTER

ELECTRO-OPTIC TECHNOLOGY DIVISION

CRANE DIVISION

CRANE, IN 47522-5001

FOR

VISUAL AUGMENTATION SYSTEMS

BINOCULAR NIGHT VISION DEVICE HELMET MOUNT

(VAS BNVD HELMET MOUNT)

1.0 SCOPE. This Statement of Work (SOW) sets forth the requirements for the procurement of a non-developmental item (NDI) for the Visual Augmentation Systems Binocular Night Vision Device Helmet Mount (VAS BNVD Helmet Mount). The Production Baseline (PBL) shall be established at the time of contract award.

This SOW provides for the technical documentation for the breakaway and non-breakaway Binocular night Vision Device (BNVD) Helmet Mounts, which are compatible with the Enhanced Combat Helmet (ECH) shroud. Other items include a provided one-hole shroud compatible with ECH and Advanced Combat Helmet (ACH) helmets and vendor mounts listed above, strap mount kit which will allow BNVD to be attached to the ECH and ACH with no mounting holes, and the head mount for the BNVD without a helmet.

1.1 BACKGROUND. This acquisition will serve as the material solution to provide a BNVD Helmet Mount to the United States Navy which have a BNVD. The BNVD Helmet Mount will enhance the situational awareness of the Navy operator and provide surveillance, identification, recognition, and detection in all light and weather conditions while having hands free usage of the BNVD.

2.0 LISTING OF APPLICABLE DOCUMENTS. The following specifications and standards form a part of this SOW to the extent specified herein. Unless otherwise specified, the issues of these documents are those listed in the latest issue of the Department of Defense Index of Specifications and Standards (DODISS) and supplement there to.

2.1 Performance Specifications

PRF/21/JXQS/171 FY21 Binocular Night Vision Device (BNVD) Helmet Mount

Performance Specification

2.2 Military Standards

MIL-STD-130N (1) Identification Marking of U. S. Military Property dated 16 Nov 2012

MIL-PRF-32216A (1) Evaluation of COTS Manuals and Preparation of Supplemental Data dated 07 JUN 2016

MIL-STD-461G Requirements for the Control of Electromagnetic Interference Characteristics of Subsystems and Equipment dated 11 Oct 2018

MIL-STD-810G (1) Environmental Engineering Considerations and Laboratory Tests dated 15 Apr 2014

2.3 Department of Defense Handbooks

MIL-HDBK-61A Configuration Management Guidance dated 07 Feb 2001

2.4 Non-Government Standards and Other Publications

ISO 9001:2015 Quality Assurance in Design Development, Production, Installation and Servicing dated 15 Oct 2018

EIA-649-B Configuration Management Standard dated 04 Mar 2015

Drawings NVG001B Dovetail Interface

2.5 Order of Precedence. In the event of a conflict between the text of this document and the references cited herein, the text of this document shall take precedence. Nothing in this document shall supersede applicable Federal, State, or Local Laws and regulations unless a specific exemption has been obtained.

2.6 Availability of DOD Documents. Government specifications, standards and handbooks are available online at http://assist.daps.dla.mil or from the Standardization Document Order Desk, 700 Robbins Avenue, Building 4D, Philadelphia, PA 19111-5094. Non-Government Publications are available online at http://www.ansi.org or from the American National Standards Institute, 25 West 43rd Street, 4th floor, New York, NY 10036.

3.0 REQUIREMENTS.

3.1 General. The Contractor shall deliver production BNVD helmet mount in accordance with (IAW) this SOW and the performance requirements contained in the Performance Specifications identified in paragraph 2.1 (referred herein as Performance Specification).

3.1.1 Quick Refernce Guide

3.2 Technical Data.

3.2.1 Operators Technical Manual. The Contractor shall provide a COTS Operator’s Manual for the BNVD Helmet Mount procured under this contract. The Operators Manual at a minimum shall include Introduction, Preparation for use and installation, Principles of Operation, Operational Illustrations, Safety Precautions (Warnings, Cautions, and Notes) and information on the functionality of the BNVD Helmet Mount, its components/accessories including adjustments, and operator checks and services. The Contractor shall provide unit/COTS Operator manuals with each delivered BNVD Helmet Mount. The Operator Manual shall be provided in hard copy format as well as CD-ROM IAW with both .doc and .pdf copies (CDRL A001).

3.2.2 Parts List. The Contractor shall provide a Proposed Spare Parts List for BNVD Helmet Mount (breakaway and non-breakaway), Facemask, and Strap. Subcategories found under each major item (mount/facemask/strap) include Item Name, Vendor Part Number, Supplier Part Number, Cage Code, NSN, and Quantity per end item, Unit Price, Quantity per Package, and Lead Time. (CDRL A002)

3.2.3 Drawings and Associated Lists. The Contractor shall provide a top-level mount drawing for the BNVD Helmet breakaway and non-breakaway mounts, one hole shrouds, straps, and facemask to establish Nomenclature and National Stock Number (NSN) assignment. The latest revision of drawings shall be submitted to the Government throughout the life of the contract. (CDRL A003)

CDRL Matrix

CDRL Number CDRL Name

A001 Operational Technical Manual

A002 Parts List

A003 Drawing and Associated Lists Table 1

Section 2.0 - Accounting Information

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

INVOICE AND RECEIVING (COMBO)

DESTINATION/DESTINATION

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC TBD

Issue By DoDAAC N00164

Admin DoDAAC** TBD

Inspect By DoDAAC N/A

Ship To Code N00164

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N/A

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

Adam Schulte: adam.schulte@navy.mil

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Cran_Acquisitn_WAWF@navy.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

G-232-H005 SUPPLEMENTAL INSTRUCTIONS REGARDING INVOICING (NAVSEA) (JAN 2019)

(a) For other than firm fixed priced contract line item numbers (CLINs), the Contractor agrees to segregate costs incurred under this contract/task order (TO), as applicable, at the lowest level of performance, either at the sub line item number (SLIN) or CLIN level, rather than at the total contract/TO level, and to submit invoices reflecting costs incurred at that level. Supporting documentation in Wide Area Workflow (WAWF) for invoices shall include summaries of work charged during the period covered as well as overall cumulative summaries by individual labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of other direct costs (ODCs), materials, and travel, by technical instruction (TI), SLIN, or CLIN level. For other than firm fixed price subcontracts, subcontractors are also required to provide labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of ODCs, materials, and travel invoiced. Supporting documentation may be encrypted before submission to the prime contractor for WAWF invoice submittal.

Subcontractors may email encryption code information directly to the Contracting Officer and Contracting Officer Representative (COR). Should the subcontractor lack encryption capability, the subcontractor may also email detailed supporting cost information directly to the Contracting Officer and COR; or other method as agreed to by the Contracting Officer.

(b) Contractors submitting payment requests and receiving reports to WAWF using either Electronic Data Interchange (EDI) or Secure File Transfer Protocol (SFTP) shall separately send an email notification to the COR and Contracting Officer on the same date they submit the invoice in WAWF. No payments shall be due if the contractor does not provide the COR and Contracting Officer email notification as required herein.

(End of text)

Section 3.0 - Clauses By Reference

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct JUN 2020 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.219-4 (Dev) Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (DEVIATION 2020-O0008)

MAR 2020

52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008).

OCT 2020

52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-28 Post-Award Small Business Program Rerepresentation NOV 2020 52.222-3 Convict Labor JUN 2003 52.222-19 (Dev) Child Labor - Cooperation with Authorities and Remedies

(DEVIATION 2020-O0019)

JUL 2020

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons OCT 2020 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.247-34 F.O.B. Destination NOV 1991 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 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.215-7008 Only One Offer JUL 2019 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7013 Duty-Free Entry--Basic APR 2020 252.225-7048 Export-Controlled Items JUN 2013 252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

Section 4.0 - Clauses & Other Full Text Information

CLAUSES INCORPORATED BY FULL TEXT

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause--

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(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 reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance 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…