23Q0188_SOL.pdf

SEE ADDENDUM

(No Collect Calls)

N0016423Q0188 21-Jun-2023

b. TELEPHONE NUMBER

812-854-8236

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 26 Jun 2023

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

KELSEY R. STRUNK

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 ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL SURFACE WARFARE CENTER CRANE DIV

K. STRUNK (812-854-8236)

BLDG 3373

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: NOEL "SCOT" THOMAS (BLDG 3168)

BLDG 41 SE CENTRAL RECEIVING

300 HWY 361

CRANE IN 47522-5001

TEL: 812-854-2334 FAX:

FAX:

TEL: 812-854-8236 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$34,000,000

NAICS:

811210

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 OF69

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.

N0016423Q0188

Section A - Solicitation/Contract Form

NOTICE

SOLE SOURCE PROCUREMENT- The proposed contract action is for the supplies or services for which the Government intends to solicit and negotiate with Communications & Power Industries, LLC, 811 Hansen Way, Palo Alto, CA 94304, Cage Code: 06980) under the authority of FAR 13.106-1. This is being solicited on a sole source basis due to Items peculiar to one manufacturer. All responsible sources may submit a capability statement, which shall be considered by the agency. However, a determination by the Government not to compete with this proposed contract based upon responses to this solicitation is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement.

STATEMENT OF WORK

STATEMENT OF WORK FOR

PRODUCTION AND REPAIR/REBUILD OF

AEGIS POWER TETRODE TUBES

12 APRIL 2023

1. SCOPE

This Statement of Work (SOW) contains the requirements for manufacturing, repair, rebuild, testing, quality assurance, configuration management and administrative requirements of the TETRODE POWER GRID TUBES, hereinafter known as “4CW Tubes”, in support of the Aegis Weapons System and tubes testing support systems found at NSWC Crane and vendors for various tube-types.

1.1 BACKGROUND

The 4CW Tubes are found in some of the Electromatic Inc. (ETM) modulators located at NSWC Crane and vendor facilities. These modulators are used for testing the 10kW Travelling Wave Tubes (TWTs), Crossed-Field Amplifier (CFA) tubes, Simplified Driver (SDR) tubes and Continuous Wave Illuminator tubes (CWI) utilized in the AEGIS SPY-1 Radar System.

2.0 APPLICABLE DOCUMENTS

The documents cited below, form a part of this SOW, to the extent specified herein. In Sections 3 and forward of this SOW, exact issue is not cited for convenience of reference.

2.1 SPECIFICATION – Mandatory Compliance

4CW100000D Technical Data, September 1975 4CW30000A Technical Data, August 1988 4CW10000A Technical Data, April 1963 4CW10000B Tube Technical Data, July 2016

3.0 REQUIREMENTS

The contractor shall produce and rebuild 4CW100000, 4CW10000, 4CW30000 tubes to the latest specifications and properly marked as specified herein. A certificate of compliance shall be submitted to the Requiring Technical Activity (RTA) and Acquisition Quality for each 4CW Tube shipped. (A001)

A failure analysis report (FAR) shall be submitted for each 4CW Tube received for rebuild. (A002)

The rebuild process for each 4CW Tube shall consist of:

(1) The contractor shall inspect each tube for any damage.

(2) Each tube shall be tested to verify that it is not down to air and to confirm it is under vacuum.

(3) Each tube will be machined open at the sealing ring to separate the stem assembly from the cooler/anode assembly.

(4) The grids and filament of each tube shall be replaced.

(5) The stem assembly and cooler/anode assembly shall be resealed/welded.

(6) Once a tube is reassembled it shall be pumped and processed to new tube specifications.

(7) After reassembly is completed, each tube will be plated to original specifications

(8) After plating is completed, each tube must be marked according to 3.1.

(9) Each tube must be QA inspected by the contractor.

(10) Each rebuilt tube will be individually packaged for return shipment to NSWC Crane.

3.1 MARKING

The marking of the 4CW Tubes shall be applied to the surface of the anode assembly of each tube. The marking must designate “Rebuilt” if the tube was rebuilt, the rebuild or production date (month/year), list the contractor’s company name and the complete model number for the tube.

3.2 ACCEPTANCE TEST

Final acceptance testing for production and rebuilt 4CW Tubes will be performed by government personnel at NSWC Crane. As 4CW Tubes are received from the contractor by NSWC Crane, they will be operationally tested in an ETM machine (as applicable) while powering its corresponding 10kW TWT, CFA, CWI or SDR tube type.

3.3 VERIFICATION AND INSPECTION

4CW Tubes inspection and verification testing will be performed at NSWC Crane. The verification testing performed at NSWC Crane does not relieve the contractor of its responsibility for full compliance with all corresponding requirements enumerated in this SOW

3.4 WARRANTY

The warranty duration of all the 4CW Tubes shall be 12 months from date of shipment.

3.5 TECHNICAL POINTS OF CONTACT

Issues of a substantive nature shall be addressed to the Contracting Office.

Point of contact for the 4CW Tubes technical issues of a non-substantive nature is requiring technical agent Scot Thomas, 812-854-2334, email: noel.s.thomas.civ@us.navy.mil, or, Andrew Choate, 812-854-4221, email:

andrew.t.choate.civ@us.navy.mil.

4.0 GOVERNMENT FURNISHED MATERIAL

Any tube sent to the vendor for repair/rebuild, will have a Government Furnished Property form with each delivery order awarded for tracking purposes.

5.0 CONTRACT DATA REQUIREMENTS LISTS

SOW Para. CDRL No. Data Item Description DID No.

3.0 A001 Certificate of Compliance DI-MISC-81356A

3.0 A002 Report of Tube Failure Final Analysis DI-MNTY-80175

6.0 SPECIAL CONDITIONS

6.1 DATA RIGHTS

The Government asserts Government Purpose Rights to all data delivered and created in support of this effort.

Section B - Supplies or Services and Prices

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

0001 ELECTRON TUBE

1 Each

Items Peculiar to One Manufacturer Communications & Power Industries, Inc.

Electron Tube

P/N: 4CW30,000A

QUANTITY: 1 EACH

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN 47522

Accelerated deliveries will be accepted at no additional cost to the GOVT.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

PSC: 5960

FOB: Destination

FFP

0002 REPAIR ELECTRON TUBES

11 Lot

Items Peculiar to One Manufacturer Communications & Power Industries, Inc.

REPAIR Electron Tubes IAW Statement of Work & CDRLs

P/N: 4CW30,000A

QUANTITY: 11 LOT

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN 47522

Accelerated deliveries will be accepted at no additional cost to the GOVT.

PSC: J066

0003 OPTION #1 ELECTRON

TUBES

OPTION Items Peculiar to One Manufacturer Communications & Power Industries, Inc.

PROCUREMENT Electron Tubes

P/N: 4CW10,000B

OPTION TERM OF USE: This option can be exercised one time. The vendor should not proceed with this option until an SF30 is executed by the Contracting Officer. Period of Performance: 26 Weeks AOE

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0004 OPTION #2 ELECTRON

Communications & Power Industries, Inc.

PROCUREMENT OF Electron Tubes

P/N: 4CW10,000B

OPTION TERM OF USE: This option can be exercised one time. The vendor should not proceed with this option until an SF30 is executed by the Contracting Officer. Period of Performance: 26 Weeks AOE

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0005 OPTION #3 ELECTRON

Communications & Power Industries, Inc.

PROCUREMENT OF Electron Tubes

P/N: 4CW30,000A

OPTION TERM OF USE: This option can be exercised one time. The vendor should not proceed with this option until an SF30 is executed by the Contracting Officer. Period of Performance: 26 Weeks AOE

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0006 OPTION #4 ELECTRON

Communications & Power Industries, Inc.

PROCUREMENT OF Electron Tubes

P/N: 4CW30,000A

OPTION TERM OF USE: This option can be exercised one time. The vendor should not proceed with this option until an SF30 is executed by the Contracting Officer. Period of Performance: 26 Weeks AOE

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0007 OPTION #5 ELECTRON

Communications & Power Industries, Inc.

PROCUREMENT OF Electron Tubes

P/N: 4CW30,000A

OPTION TERM OF USE: This option can be exercised one time. The vendor should not proceed with this option until an SF30 is executed by the Contracting Officer. Period of Performance: 26 Weeks AOE

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0008 OPTION #6 ELECTRON

Communications & Power Industries, Inc.

PROCUREMENT OF Electron Tubes

P/N: 4CW30,000A

OPTION TERM OF USE: This option can be exercised one time. The vendor should not proceed with this option until an SF30 is executed by the Contracting Officer. Period of Performance: 26 Weeks AOE

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0009 OPTION #7 ELECTRON

Communications & Power Industries, Inc.

PROCUREMENT OF Electron Tubes

P/N: 4CW30,000A

OPTION TERM OF USE: This option can be exercised one time. The vendor should not proceed with this option until an SF30 is executed by the Contracting Officer. Period of Performance: 26 Weeks AOE

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0010 OPTION #8 ELECTRON

Communications & Power Industries, Inc.

PROCUREMENT OF Electron Tubes

P/N: 4CW30,000A

OPTION TERM OF USE: This option can be exercised one time. The vendor should not proceed with this option until an SF30 is executed by the Contracting Officer. Period of Performance: 26 Weeks AOE

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0011 OPTION #9 REPAIR

ELECTRON TUBES

1 Lot

Communications & Power Industries, Inc.

REPAIR Electron Tube IAW Statement of Work & CDRLs

P/N: 4CW30,000A

OPTION TERM OF USE: This option can be exercised one time. The vendor should not proceed with this option until an SF30 is executed by the Contracting Officer. Period of Performance: 90 DAYS AOE

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0012 OPTION #10 REPAIR

Communications & Power Industries, Inc.

REPAIR Electron Tube IAW Statement of Work & CDRLs

P/N: 4CW30,000A

OPTION TERM OF USE: This option can be exercised one time. The vendor should not proceed with this option until an SF30 is executed by the Contracting Officer. Period of Performance: 90 DAYS AOE

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0013 OPTION #11 REPAIR

Communications & Power Industries, Inc.

REPAIR Electron Tube IAW Statement of Work & CDRLs

P/N: 4CW30,000A

OPTION TERM OF USE: This option can be exercised one time. The vendor should not proceed with this option until an SF30 is executed by the Contracting Officer. Period of Performance: 90 DAYS AOE

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0014 OPTION #12 REPAIR

Communications & Power Industries, Inc.

REPAIR Electron Tube IAW Statement of Work & CDRLs

P/N: 4CW30,000A

OPTION TERM OF USE: This option can be exercised one time. The vendor should not proceed with this option until an SF30 is executed by the Contracting Officer. Period of Performance: 90 DAYS AOE

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0015 OPTION #13 REPAIR

Communications & Power Industries, Inc.

REPAIR Electron Tube IAW Statement of Work & CDRLs

P/N: 4CW30,000A

OPTION TERM OF USE: This option can be exercised one time. The vendor should not proceed with this option until an SF30 is executed by the Contracting Officer. Period of Performance: 90 DAYS AOE

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0016 OPTION #14 REPAIR

Communications & Power Industries, Inc.

REPAIR Electron Tube IAW Statement of Work & CDRLs

P/N: 4CW30,000A

OPTION TERM OF USE: This option can be exercised one time. The vendor should not proceed with this option until an SF30 is executed by the Contracting Officer. Period of Performance: 90 DAYS AOE

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0017 OPTION #15 REPAIR

Communications & Power Industries, Inc.

REPAIR Electron Tube IAW Statement of Work & CDRLs

P/N: 4CW30,000A

OPTION TERM OF USE: This option can be exercised one time. The vendor should not proceed with this option until an SF30 is executed by the Contracting Officer. Period of Performance: 90 DAYS AOE

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0018 OPTION #16 REPAIR

Communications & Power Industries, Inc.

REPAIR Electron Tube IAW Statement of Work & CDRLs

P/N: 4CW30,000A

OPTION TERM OF USE: This option can be exercised one time. The vendor should not proceed with this option until an SF30 is executed by the Contracting Officer. Period of Performance: 90 DAYS AOE

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0019 OPTION #17 REPAIR

Communications & Power Industries, Inc.

REPAIR Electron Tube IAW Statement of Work & CDRLs

P/N: 4CW100,000D

OPTION TERM OF USE: This option can be exercised one time. The vendor should not proceed with this option until an SF30 is executed by the Contracting Officer. Period of Performance: 90 DAYS AOE

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0020 OPTION #18 REPAIR

Communications & Power Industries, Inc.

REPAIR Electron Tube IAW Statement of Work & CDRLs

P/N: 4CW10,000A

OPTION TERM OF USE: This option can be exercised one time. The vendor should not proceed with this option until an SF30 is executed by the Contracting Officer. Period of Performance: 90 DAYS AOE

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0021 OPTION #19 REPAIR

Communications & Power Industries, Inc.

REPAIR Electron Tube IAW Statement of Work & CDRLs

P/N: 4CW10,000A

OPTION TERM OF USE: This option can be exercised one time. The vendor should not proceed with this option until an SF30 is executed by the Contracting Officer. Period of Performance: 90 DAYS AOE

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0022 OPTION #20 REPAIR

Communications & Power Industries, Inc.

REPAIR Electron Tube IAW Statement of Work & CDRLs

P/N: 4CW10,000A

OPTION TERM OF USE: This option can be exercised one time. The vendor should not proceed with this option until an SF30 is executed by the Contracting Officer. Period of Performance: 90 DAYS AOE

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0023 CDRL A001 CERTIFICATE OF

COMPLIANCE

NOT SEPERATELY PRICED

CDRL A002 CALIBRATION CERTIFICATE IAW STATEMENT OF WORK

ALL TECHNICAL DATA/DATA GENERATED UNDER THIS PROCUREMENT HAS BEEN PAID FOR

IN FULL BY THE GOVERNMENT.

0024 CDRL A002 FAILURE

ANALYSIS

NOT SEPERATELY PRICED

CDRL A002 FAILURE ANALYSIS IAW STATEMENT OF WORK

ALL TECHNICAL DATA/DATA GENERATED UNDER THIS PROCUREMENT HAS BEEN PAID FOR

IN FULL BY THE GOVERNMENT.

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 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 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 0020 Destination Government Destination Government 0021 Destination Government Destination Government 0022 Destination Government Destination Government 0023 Destination Government Destination Government 0024 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 26 wks. ADC 1 NAVAL SURFACE WARFARE CENTER

CRANE DIV

M/F: NOEL "SCOT" THOMAS (BLDG 3168)

BLDG 41 SE CENTRAL RECEIVING

300 HWY 361

CRANE IN 47522-5001

812-854-2334

N00164

0002 90 dys. ADC 11 (SAME AS PREVIOUS LOCATION)

0003 26 wks. AOE 1 (SAME AS PREVIOUS LOCATION)

0004 26 wks. AOE 1 (SAME AS PREVIOUS LOCATION)

0005 26 wks. AOE 1 (SAME AS PREVIOUS LOCATION)

0006 26 wks. AOE 1 (SAME AS PREVIOUS LOCATION)

0007 26 wks. AOE 1 (SAME AS PREVIOUS LOCATION)

0008 26 wks. AOE 1 (SAME AS PREVIOUS LOCATION)

0009 26 wks. AOE 1 (SAME AS PREVIOUS LOCATION)

0010 26 wks. AOE 1 (SAME AS PREVIOUS LOCATION)

0011 90 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

0012 90 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

0013 90 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

0014 90 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

0015 90 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

0016 90 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

0017 90 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

0018 90 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

0019 90 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

0020 90 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

0021 90 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

0022 90 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

0023 90 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

0024 90 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

Section I - Contract Clauses

CLAUSES INCORPORATED BY FULL TEXT

WAWF TABLE 1 – APPLICABLE TO CLINS:

0001, 0003, 0004, 0005, 0006, 0007, 0008, 0009, 0010

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(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 Report (Combo) Destination/Destination (D/D)

(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 financing, submit a commercial financing request.

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

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(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 N68732

Issue By DoDAAC N00164

Admin DoDAAC** N00164

Inspect By DoDAAC ____

Ship To Code N00164

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC N00164

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(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.

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

Send additional notifications to: mary.j.bradley34.civ@us.navy.mil For invoicing questions: usn.crane.nswc-cd-crane-in.mbx.cran-acquisitn-wawf@us.navy.mil

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

(End of clause)

WAWF TABLE 2 – APPLICABLE TO CLINS:

0002, 0011, 0012, 0013, 0014, 0015, 0016, 0017, 0018, 0019, 0020, 0021, 0022

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.

(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.

INVOICE 2-IN-1

(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.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(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 N68732 Issue By DoDAAC N00164

Admin DoDAAC** N00164

Inspect By DoDAAC N/A

Ship To Code N00164

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N00164

Service Acceptor (DoDAAC) N/A

Accept at Other DoDAAC N/A

LPO DoDAAC N00164

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.

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

Send additional notifications to: mary.j.bradley34.civ@us.navy.mil For invoicing questions: usn.crane.nswc-cd-crane-in.mbx.cran-acquisitn-wawf@us.navy.mil

(Contracting Officer: Insert applicable information or “Not applicable.”)

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

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)

G-242-H001 GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT AND

RESPONSIBILITIES (NAVSEA) (OCT 2018)

(a) The Government reserves the right to administratively substitute any of the points of contact listed below at any time.

(b) The contracting officer is the only person authorized to change this contract or orders issued thereunder. The Contractor shall not comply with any order, direction or request of Government personnel

- that would constitute a change - unless it is issued in writing and signed by the Contracting Officer or is pursuant to specific authority otherwise included as part of this contract. If, in the opinion of the contractor, an effort outside the existing scope of this contract is requested, the contractor shall promptly comply with the Notification of Changes clause of this contract.

(c) The points of contact are as follows:

(i) The Procuring Contracting Officer (PCO) is:

Name: KATHY DAVIDSON

Address:

300 HIGHWAY 361

CRANE, IN 47522-5001

Phone: 812-381-7242

E-mail: KATHY.J.DAVIDSON.CIV@US.NAVY.MIL

(ii) The Contract Specialist is:

Name: KELSEY STRUNK Address:

300 HIGHWAY 361

CRANE, IN 47522-5001

Phone: 812-854-8236

E-mail: KELSEY.R.STRUNK.CIV@US.NAVY.MIL

(k) The Contractor's point of contact for performance under this contract is:

Name: [ * ] Title: [ * ] Address:

[ *Street ] [ *City, State, Zip ] Phone: (Area Code) xxx- [xxxx]; FAX: (Area Code) xxx- [xxxx] E-mail: [ * ]

[ * ] To be completed at contract award

G-242-H002 HOURS OF OPERATION AND HOLIDAY SCHEDULE (NAVSEA) (JUL 2021)

(a) The policy of this activity is to schedule periods of reduced operations or shutdown during holiday periods.

Deliveries will not be accepted on Saturdays, Sundays or Holidays except as specifically requested by the [insert activity name]. All goods or services attempted to be delivered on a Saturday, Sunday or Holiday without specific instructions from the Contracting Officer or his duly appointed representative will be returned to the contractor at the contractor’s expense with no cost or liability to the U.S. Government.

(b) The federal Government observes public Holidays that have been established under 5 U.S.C. 6103. The actual date of observance for each of the holidays, for a specific calendar year, may be obtained from the OPM website at OPM.GOV or by using the following direct link:

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/.

(c) Delayed Opening, Early Dismissal and Closure of Government Facilities. When a Government facility has a delayed opening, is closed or Federal employees are dismissed early (due to severe weather, security threat, security exercise, or a facility related problem) that prevents personnel from working, onsite contractor personnel regularly assigned to work at that facility shall follow the same reporting and/or departure directions given to Government personnel. The contractor shall not direct charge to the contract for such time off, but shall follow parent company policies regarding taking leave (administrative or other). Non-essential contractor personnel, who are not required to remain at or report to the facility, shall follow their parent company policy regarding whether they should go/stay home or report to another company facility. Subsequent to an early dismissal, delayed opening, or during periods of inclement weather, onsite contractors should monitor the OPM website as well as radio and television announcements before departing for work to determine if the facility is closed or operating on a delayed arrival basis.

(d) When Federal employees are excused from work due to a holiday or a special event (that is unrelated to severe weather, a security threat, or a facility related problem), on site contractors shall continue working established work hours or take leave in accordance with parent company policy. Those contractor employees who take leave shall not direct charge the non-working hours to the contract. Contractors are responsible for predetermining and disclosing their charging practices for early dismissal, delayed openings, or closings in accordance with the FAR, applicable cost accounting standards, and the company’s established policy and procedures. Contractors shall follow their disclosed charging practices during the contract period of performance, and shall not follow any verbal directions to the contrary. The Contracting Officer will make the determination of cost allowability for time lost due to facility closure in accordance with FAR, applicable Cost Accounting Standards, and the Contractor's established accounting policy and procedures.

(e) If you intend to visit the Contracts Office, it is advised that you call for an appointment at least 24 hours in advance.

(f) The hours of operation are as follows:

AREA FROM TO

NSWC CRANE 800 AM 430 PM

(g) All deliveries to the Receiving Officer, BUILDING 41 CENTRAL RECEIVING [Negotiator insert delivery location], shall be made Monday through Friday from 800 AM [Negotiator enter beginning hour of operation] to 430 PM [Negotiator enter closing hour of operation], local time. Deliveries will not be accepted after 430 PM [Negotiator enter closing hour of operation]. No deliveries will be accepted on federal government holidays.

G-242-W001 CONTRACT ADMINISTRATION FUNCTIONS (NAVSEA) (OCT 2018)

(a) In accordance with FAR 42.302(a) all functions listed are delegated to the ACO except the following items to be retained by the PCO: NO EXCEPTIONS

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

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

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-2 Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)

JUL 2021

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.219-28 Post-Award Small Business Program Rerepresentation MAR 2023 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies DEC 2022 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 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-51 Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements

MAY 2014

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.229-11 Tax on Certain Foreign Procurements--Notice and Representation

JUN 2020

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

MAR 2023

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-15 Stop-Work Order AUG 1989 52.245-1 Government Property SEP 2021 52.245-1 Alt I Government Property (SEP 2021) Alternate I APR 2012 52.245-9 Use And Charges APR 2012 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 DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

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

JAN 2023

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

JAN 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.204-7022 Expediting Contract Closeout MAY 2021 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7007 Reporting of Government-Furnished Property MAR 2022 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.227-7015 Technical Data--Commercial Products and Commercial

Services

MAR 2023

252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

JUN 1995

252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data JAN 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property JAN 2021 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.246-7001 Warranty Of Data MAR 2014 252.246-7007 Contractor Counterfeit Electronic Part Detection and

Avoidance System

JAN 2023

252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

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 (NOV 2021)

(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 websites) 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 products or commercial services, 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 PRODUCTS AND COMMERCIAL

SERVICES (DEC 2022)

(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. 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 Federal Acquisition Regulation (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…