23Q0214_SOL.pdf

SEE ADDENDUM

(No Collect Calls)

N0016423Q0214 01-Aug-2023

b. TELEPHONE NUMBER

812-854-6958

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 07 Aug 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

MARK R SWARTZENTRUBER

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

M. SWARTZENTRUBER (812-854-6958)

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: TYSON ALLBRIGHT (BLDG 3330 C)

BLDG 41 SE CENTRAL RECEIVING

300 HWY 361

CRANE IN 47522-5001

TEL: 812-854-4892 FAX:

FAX:

TEL: 812-854-6958 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 OF61

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.

N0016423Q0214

Section B - Supplies or Services and Prices

SOW

STATEMENT OF WORK (SOW)

FOR

Repair of Test Equipment

WXS-0258

1 SCOPE

This service agreement is to cover the eval/repair of the assets listed below that are used to support the repair, overhaul and RFI Navy Components within the Airborne Electronic Attack Systems Sustainment Branch:

Line# 1 - Nomen: Signal Generator, PN: E8257D, SN: MY46520517, Fault: fails self-test, RMA# WO-00473371_1 Line# 2 - Nomen: Counter/Timer, PN: 53230A, SN: SG59320136, Fault: fails timer interval, RMA# WO- 00471990_1 Line# 3 - Nomen: Noise Source, PN: 346B, SN: MY44421551, Fault: fails VSWR, RMA# WO-00473257_2 Line# 4 - Nomen: Noise Source, PN: 346B, SN: SG53400088, Fault: fails VSWR, RMA# WO-00473284_1 Line# 5 - Nomen: Signal Analyzer, PN: N9030A, SN: MY52350693, Fault: fails frequency response, RMA# WO- 00473415_1 Line# 6 - Nomen: Network Analyzer, PN: N5222A, SN: MY57222804, Fault: will not power on, RMA# WO- 00473398_1 Line# 7 - Nomen: Network Analyzer, PN: 8720D, SN: US36140206, Fault: port 2 not working, RMA# WO- 00473372_1 Line# 8 - Nomen: Power Supply, PN: 6673A, SN: SG41000451, Fault: no voltage output and broken knobs on front panel, RMA# WO-00473385_1 Line# 9 - Nomen: Spectrum Analyzer, PN: E4440A, SN: SG46182371, Fault: fails second harmonic distortion, RMA# WO00473327_2

Line# 10 - Nomen: Spectrum Analyzer, PN: E4440A, SN: US40420695, Fault: fails at 3.1GHz, RMA# WO- 00473301_1 Line# 11 - Nomen: Spectrum Analyzer, PN: E4440A, SN: US41421399, Fault: fails at 6.59 GHz, RMA# WO- 00473346_1 Line# 12 - Nomen: Range Calibrator, PN: 11683A, SN: 3303U00238, Fault: fails resistance, RMA# WO- 00473238_1 Line# 13 - Nomen: Signal Generator, PN: E4438C, SN: MY47272179, Fault: unleveled above 4GHz, RMA# WO-

00473362_1 BASE AWARD: $81,232.37 + OPTIONS: $26,000.00 = TOTAL: $107,232.37

2 APPLICABLE DOCUMENTS

TDP, MARKET RESEARCH, NON-COMP, CDRL

3 REQUIREMENTS

Perform the repair to OEM specifications. RDD: 8/31/2023

4.0 Government Furnished Property

4.1 GFP may be required for completion of tasks under this SOW.

Procurement Integrated Enterprise Environment (PIEE) GFP Module Reporting & Accountability All Government Furnished Property is property of the U.S. Government and shall not be transferred to any individual or agency, public or private, without the express written approval of the originating Contracting Officer except as required for the specific performance of tasks under this contract/order. Accountability for Government Property under this contract/order shall be managed in accordance with FAR Part

45, DFARS Part 245 and DFARS PGI Part 245 as well as the Government Property clauses in the contract/order whether acquired by the prime or subcontractors (Contractor Acquired Property), provided by the Government, or received directly from another commercial source as a deliverable from a Government issued contract. Additional Government Property accountability requirements are outlined in the following Directives and Instructions and shall be adhered to as applicable:

DODD 4161.02, Accountability & Management of Government Contract Property DoDM 4140.01, DoD Supply Chain Material Management Procedures: Material Returns, Retention and

Disposition DODI 5000.64, Accountability & Management of DoD Equipment and Other Accountable Property OPNAVINST 4440.26A, Operating Materials & Supplies and Government Furnished Material

Management SECNAVINST 5200.43A, Government Furnished Property, Accountability and Management NAVSEAINST 5200.15, General Equipment Accountability

4.1.1 Receipt Reporting: FAR 52.245-1(f)(1)(ii) requires the contractor to report receipt of all GFP. Reporting of Government Furnished Property (DFARS 252.211-7007(f)) and DoDI 4161.02, Accountability and Management of Government Contract Property Instruction requires that contractors, as part of the required receipt of any Government property, report to the DoD IUID Registry using WAWF, DLMS transactions, or direct update of the registry. Contractors shall ensure appropriate accountable property records are maintained utilizing the data reported in the DoD IUID Registry and its integral GFP Module in the Procurement Integrated Enterprise Environment (PIEE). At the time of reporting receipt of GFP in the GFP Module, the contractor will also send an email notification to cran_gfpaccounta.fct@navy.mil to ensure the NSWC Crane Property Management Division is notified.

4.1.2 Shipping Notification: DoDI 4161.02 requires use of electronic transactions when transferring Government property to a contractor and upon return of property to DoD. The contractor shall use the GFP Module in PIEE when returning GFP back to the Government. At the time of creating the shipping document to return GFP using the GFP Module, the contractor will also send an email notification to cran_gfpaccounta.fct@navy.mil to ensure the NSWC Crane Property Management Division is notified.

4.1.3 Lost, Damaged or Stolen GFP Reporting: FAR clause 52.245-1 requires the contractor to investigate and report to the Government all incidents of property loss as soon as the facts become known.

DFARS 252.245-7002(b)(1), further requires the contractor to report lost, damaged or stolen government property using the Property Loss functionality within the PIEE GFP Module.

4.2 Inventory Reporting: FAR 52.245-1 requires the contractor to periodically perform, record, and disclose physical inventory results. While the FAR clause does not define “periodically,” frequency of on-hand inventory count are in the Contract Data Requirements List (CDRL) identified in this contract.”

4.2.1 GFP Reporting: The contractor shall provide data deliverables IAW the listed CDRLs by contract and contract order number (if applicable) to provide accountability for all Government furnished property that has been provided in support of the contract. The report shall include the fields required by the Data Item Description noted in the CDRL, DFARS 252.211-7007 and DFARS PGI 245.103-72 for the purpose of accountability.

CDRL - A001 Government Property Inventory Report

5.0 Counterfeit Parts and Material

Counterfeit materiel is a serious threat to the safety and operational effectiveness of DoD systems. The Contractor (and subcontractors at all tiers) shall implement a risk mitigation process when obtaining critical or high risk materiel in accordance with paragraphs (a) and (b) below:

1. If the materiel is currently in production or currently available, the materiel shall be obtained only from authorized sources. Authorized sources are the original manufacturer, a source with the express written authority of the original manufacturer or current design activity, or an authorized aftermarket manufacturer.

(b) If the materiel is not in production or currently available from authorized sources, the materiel shall be obtained from suppliers that meet appropriate counterfeit avoidance criteria. Counterfeit avoidance criteria can be found in the following Industry Standards - SAE AS5553A; SAE AS6462; SAE AS6081; SAE ARP6178; SAE AS6174A;

and SAE AS6301.

Contractors shall notify the contracting officer when critical or high risk materiel cannot be obtained from an authorized source. The contractor shall take mitigating actions to authenticate the materiel if purchased from another source.

The contractor shall report instances of counterfeit and suspect counterfeit materiel to the Contracting Officer and the Government-Industry Data Exchange Program (GIDEP) as soon as the contractor becomes aware of the issue.

6. SECURITY

All work performed under this contract shall be UNCLASSIFIED.

7. DATA DELIVERABLES: CDRL A001

8. POINTS OF CONTACT (POCs)

Technical POC, Tyson Allbright, tyson.r.allbright.civ@us.navy.mil, (812) 854-4892

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

0001 REPAIR

1 Lot

Items Peculiar to One Manufacturer Keysight Technologies, Inc.

Nomen: Signal Generator, PN: E8257D, SN: MY46520517, Fault: fails self-test, RMA# WO-00473371_1

IAW Statement of Work and CDRL A001.

Return shipping FOB Destination to NSWC Crane, IN 47522 included.

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

FOB: Destination

FFP

0002 EVALUATION ONLY

Keysight Technologies, Inc.

Nomen: Counter/Timer, PN: 53230A, SN: SG59320136, Fault: fails timer interval, RMA# WO-00471990_1, IAW Statement of Work and CDRL A001.

Return shipping FOB Destination to NSWC Crane, IN 47522 included.

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

0003 OPTION #1, Additional Repair

OPTION Items Peculiar to One Manufacturer Keysight Technologies, Inc.

Nomen: Counter/Timer, PN: 53230A, SN: SG59320136, Fault: fails timer interval, RMA# WO-00471990_1, IAW Statement of Work and CDRL A001.

OPTION TERM OF USE:

Period of performance will be determined when the modification to exercise the option is executed.

QUOTE FOR REPAIR MUST BE SENT TO THE CONTRACTING OFFICER kathy.davidson@navy.mil and the contract specialist at mark.swartzentruber@navy.mil

Per the T/C Option Pricing will be finalized with Keysight Technologies, Inc. prior to Option exercised via written confirmation. If exercised via SF-30, Option #1, CLIN 0003 shall not exceed $3,000.00.

Accelerated delivery is acceptable at no additional cost to the government. CLIN 0002 is the Deliverable.

0004 REPAIR

Keysight Technologies, Inc.

Nomen: Noise Source, PN: 346B, SN: MY44421551, Fault: fails VSWR, RMA# WO-00473257_2

IAW Statement of Work and CDRL A001.

Return shipping FOB Destination to NSWC Crane, IN 47522 included.

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

0005 REPAIR

Keysight Technologies, Inc.

Nomen: Noise Source, PN: 346B, SN: SG53400088, Fault: fails VSWR, RMA# WO-00473284_1

IAW Statement of Work and CDRL A001.

Return shipping FOB Destination to NSWC Crane, IN 47522 included.

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

0006 REPAIR

Keysight Technologies, Inc.

Nomen: Signal Analyzer, PN: N9030A, SN: MY52350693, Fault: fails frequency response, RMA# WO- 00473415_1

IAW Statement of Work and CDRL A001.

Return shipping FOB Destination to NSWC Crane, IN 47522 included.

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

0007 EVALUATION ONLY

Keysight Technologies, Inc.

Nomen: Network Analyzer, PN: N5222A, SN: MY57222804, Fault: will not power on, RMA# WO- 00473398_1

IAW Statement of Work and CDRL A001.

Return shipping FOB Destination to NSWC Crane, IN 47522 included.

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

0008 OPTION #2, Additional Repair

Keysight Technologies, Inc.

Nomen: Network Analyzer, PN: N5222A, SN: MY57222804, Fault: will not power on, RMA# WO- 00473398_1

IAW Statement of Work and CDRL A001.

OPTION TERM OF USE:

Period of performance will be determined when the modification to exercise the option is executed.

QUOTE FOR REPAIR MUST BE SENT TO THE CONTRACTING OFFICER kathy.davidson@navy.mil and the contract specialist at mark.swartzentruber@navy.mil

Per the T/C Option Pricing will be finalized with Keysight Technologies, Inc. prior to Option exercised via written confirmation. If exercised via SF-30, Option #2, CLIN 0008 shall not exceed $20,000.00.

Accelerated delivery is acceptable at no additional cost to the government. CLIN 0007 is the Deliverable.

0009 REPAIR

Keysight Technologies, Inc.

Nomen: Network Analyzer, PN: 8720D, SN: US36140206, Fault: port 2 not working, RMA# WO- 00473372_1

IAW Statement of Work and CDRL A001.

Return shipping FOB Destination to NSWC Crane, IN 47522 included.

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

0010 REPAIR

Keysight Technologies, Inc.

Nomen: Power Supply, PN: 6673A, SN: SG41000451, Fault: no voltage output and broken knobs on front panel, RMA# WO-00473385_1

IAW Statement of Work and CDRL A001.

Return shipping FOB Destination to NSWC Crane, IN 47522 included.

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

0011 REPAIR

Keysight Technologies, Inc.

Nomen: Spectrum Analyzer, PN: E4440A, SN: SG46182371, Fault: fails second harmonic distortion, RMA#

WO00473327_2

IAW Statement of Work and CDRL A001.

Return shipping FOB Destination to NSWC Crane, IN 47522 included.

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

0012 REPAIR

Keysight Technologies, Inc.

Nomen: Spectrum Analyzer, PN: E4440A, SN: US40420695, Fault: fails at 3.1GHz, RMA# WO-00473301_1

IAW Statement of Work and CDRL A001.

Return shipping FOB Destination to NSWC Crane, IN 47522 included.

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

0013 REPAIR

Keysight Technologies, Inc.

Nomen: Spectrum Analyzer, PN: E4440A, SN: US41421399, Fault: fails at 6.59 GHz, RMA# WO- 00473346_1

IAW Statement of Work and CDRL A001.

Return shipping FOB Destination to NSWC Crane, IN 47522 included.

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

0014 EVALUATION ONLY

Keysight Technologies, Inc.

Nomen: Range Calibrator, PN: 11683A, SN: 3303U00238, Fault: fails resistance, RMA# WO-00473238_1

IAW Statement of Work and CDRL A001.

Return shipping FOB Destination to NSWC Crane, IN 47522 included.

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

0015 OPTION #3, Additional Repair

Keysight Technologies, Inc.

Nomen: Range Calibrator, PN: 11683A, SN: 3303U00238, Fault: fails resistance, RMA# WO-00473238_1

IAW Statement of Work and CDRL A001.

OPTION TERM OF USE:

Period of performance will be determined when the modification to exercise the option is executed.

QUOTE FOR REPAIR MUST BE SENT TO THE CONTRACTING OFFICER kathy.davidson@navy.mil and the contract specialist at mark.swartzentruber@navy.mil

Per the T/C Option Pricing will be finalized with Keysight Technologies, Inc. prior to Option exercised via written confirmation. If exercised via SF-30, Option #2, CLIN 0015 shall not exceed $3,000.00.

Accelerated delivery is acceptable at no additional cost to the government. CLIN 0014 is the Deliverable.

0016 REPAIR

Keysight Technologies, Inc.

Nomen: Signal Generator, PN: E4438C, SN: MY47272179, Fault: unleveled above 4GHz, RMA# WO- 00473362_1

IAW Statement of Work and CDRL A001.

Return shipping FOB Destination to NSWC Crane, IN 47522 included.

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

0017 CDRL A001

NOT SEPARATELY PRICED

CDRL A004 GFP INVENTORY REPORT IAW STATEMENT OF WORK

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

IN FULL, BY THE GOVERNMENT.

The Government will retain rights to all intellectual property produced in the course of developing, deploying, training, using and supporting NSWC Crane under N0016423Q0147. All modifications to N0016423Q014 will be property of the Government. The Government shall have unlimited data rights to all generated. IAW DFARS 252.227-7015. The Contractor will be required to negotiate agreements with commercial systems vendors relating to nondisclosures of vendors proprietary information.

DATA RIGHTS - are for those data deliverables under SOW(s) as ref. in Section 3.4.1 Data Deliverables to include the following: CDRL A004 for Base Award CLINS IAW FAR and DFARS Terms and Conditions. In addition, ref. DFARS 252.227-7015, DFARS 252.227-7028, DFARS 252.227-7030,DFARS 252.227-7037 and

DFARS 252.204-7000

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

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 25-AUG-2023 TO

31-OCT-2023

N/A NAVAL SURFACE WARFARE CENTER

CRANE DIV

M/F: TYSON ALLBRIGHT (BLDG 3330 C)

BLDG 41 SE CENTRAL RECEIVING

300 HWY 361

CRANE IN 47522-5001

812-854-4892

N00164

0002 POP 25-AUG-2023 TO

31-OCT-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 30 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

0004 POP 25-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 25-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 25-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 25-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 30 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

0009 POP 25-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 25-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 25-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0012 POP 25-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0013 POP 25-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0014 POP 25-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0015 30 dys. AOE 1 (SAME AS PREVIOUS LOCATION)

0016 POP 25-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0017 POP 25-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

NOTES

SOLE SOURCE PROCUREMENT- Items Peculiar to One Manufacturer. The proposed contract action is for the supplies or services for which the Government intends to solicit and negotiate with one source, (Keysight Technologies, Colorado Springs, CO CAGE CODE: 7ZXR5), under the authority of FAR 13.106-1. 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 determining whether to conduct a competitive procurement.

252.211-7007 - Reporting of Government Furnished Property

In accordance with DFARS 252.211-7007 (c)(6) exception to (b) applies.

(c) Exceptions. Paragraph (b) of this clause does not apply to—

(1) Contractor-acquired property;

(2) Property under any statutory leasing authority;

(3) Property to which the Government has acquired a lien or title solely because of partial, advance, progress, or performance-based payments;

(4) Intellectual property or software;

(5) Real property; or

(6) Property released for work in process.

DFARS CLAUSE TRANSPORTATION BY SEA:

DFARS 252.247-7023 Transporation of supplies by Sea (APR 2014) is a mandated DFARS Clause. As prescribed by DFARS 247.574(b)(1).

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):

Invoice and Receiving (COMBO)

INSPECTION – DESTINATION

ACCEPTANCE - DESTINATION

(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.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(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.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(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 N62828 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) 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

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(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-acquisitnwawf@us.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)

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

Phone: 812-381-7242 E-mail: kathy.davidson@navy.mil

(ii) The Contract Specialist is:

Name: Mark Swartzentruber Address:

300 Highway 361, Crane, IN 47522 Phone: 812-854-6958 E-mail: mark.swartzentuber@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) (OCT 2018)

(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 the following holidays:

HOLIDAYS*

New Year's Day Martin Luther King's Birthday Presidential Inauguration Day (Washington DC metro area only) President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day

* Except for the Presidential Inauguration Day, if the actual date falls on a Saturday, the holiday will be observed the preceding Friday. If the holiday falls on a Sunday, the observance shall be on the following Monday.

The actual date of observance for each of the above 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/snow-dismissal-procedures/federal-holidays/#url.

(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:

NSWC Crane FROM 0800 TO 1630

(g) All deliveries to the Receiving Officer, SEE DELIVERY SCHEDULE [Negotiator insert delivery location], shall be made Monday through Friday from 0600 [Negotiator enter beginning hour of operation] to 1630 [Negotiator enter closing hour of operation], local time. Deliveries will not be accepted after 1800 [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

[ List specific functions that will be retained by the PCO]

(b) In accordance with FAR 42.302(b), the following additional functions are delegated to the ACO:

[ List any additional functions that will be delegated to the ACO]

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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

52.209-6 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 52.222-19 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 52.222-36 Equal Opportunity for Workers with Disabilities 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 52.232-33 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 52.245-1 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 252.204-7000 Disclosure Of Information OCT 2016 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

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 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 252.246-7007 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

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.

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

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

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)--

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use-

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

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…