25Q0006 0001_Solicitation_Repair Kits_CONFORMED.pdf

Company Name ___________________

REQUEST FOR QUOTE

Firm Fixed Price Purchase Order

N4523A25Q0006 A001

Supply-Filter Repair Kits

DEADLINE FOR QUOTE SUBMISSION

Thursday, February 6, 2025, 12:00PM Pacific Time or Sooner

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart

12.6 and Federal Acquisitions Regulation (FAR) part 12 and 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

The North American Industry Classification System (NAICS) code for this work is 336413, with a Business Size

Standard of 1250 employees. This NAICS is for Other Aircraft Parts and Auxiliary Equipment Manufacturing. The

Product Service Code Class is 1650-Aircraft Hydraulic, Vacuum, and De-Icing System Components.

Any purchase order resulting from this RFQ will be made based on the evaluation criteria outlined below in FAR

Provision 52.212-2 (Evaluation--Commercial Items (NOV 2021)).

Delivery Date: On or before 30 May 2005

Delivery Location: Puget Sound Naval Shipyard and Intermediate Maintenance Facility, 1400 Farragut Ave, Bremerton WA 98314

Please submit quote to: Melissa Ayers, Code 432 Contracting Office, Puget Sound Naval Shipyard and

Intermediate Maintenance Facility (PSNS & IMF) via email at melissa.r.ayers3.civ@us.navy.mil and Edwin

Baldoria at edwin.m.baldoria.civ@us.navy.mil. All questions can be sent to the above emails.

Offerors shall complete the line item pricing structure below. In addition, the Offeror may provide a company formatted quote, if they choose. The contract price includes all applicable Federal, state, and local taxes and duties.

Special attention shall be paid to Provision FAR 52.212-2 by the Contractor; In order to be Considered

Technically Acceptable for award the Offeror must meet all criteria submittals!

Solicitation/Contract Form

42977074_Filter Repair Kits

42977074_Filter Repair Kits Product Service Code: 1650 Date: 23 Jan 2025

N4523A25Q00060001 Page2 of44

Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service

Filter Repair Kits, Filter Assembly Back Up Ring w/ O-Ring, Matl:

Buna-N, Teflon Purolator Facet Inc, PIN 910786-00-60 or 910786 Brand Name or Equal

See Ordering Data Sheet (ODS) for complete salient description and specifications, IDN 42977074 (Attachment 1)

See Clause 52.211-6 Fill-in if different brand name

Brand Name

Make or Model#

Pricing Arrangement: Firm Fixed Price

Quantity Unit

50 Each

Unit Price

N4523A25Q00060001 Page 3 of44

Amount melissa.ayers Highlight melissa.ayers Highlight

Description/Specifications/Statement of Work

Requirements

N4523A25Q00060001 Page4 of44

Filter Repair Kits, Filter Assembly Back Up Ring w/ O-Ring, Matl: Buna-N, Teflon, Purolator Facet Inc PIN 910786-00-60 or 910786 Name Brand or Equal

Additional Regulation or Supplemental Clauses Incorporated by Full Text

C-223-H003 EXCLUSION OF MERCURY (NAVSEA) (MAR 2019)

(a) Definitions. As used in this text:

(Mar 2019)

Article means a manufactured item other than a fluid or particle: (i) which is formed to a specific shape or design during manufacture; (ii) which has end use function(s) dependent in whole or in part upon its shape or design during end use; and

(iii) which under normal conditions of use does not release more than very small quantities, e.g., minute or trace amounts of a hazardous chemical, and does not pose a physical hazard or health risk to employees.

Boundary of containment means a continuous tight seal (barrier) to prevent the release of functional mercury during normal operation and maintenance. Examples include the exterior of a fluorescent lamp, glass capsule of a mercury switch, and container for mercury reagents. A double boundary of containment consists of two independent seals.

Functional mercury means mercury or mercury compound(s) contained in equipment that is required for the equipment to operate properly, such as that found in mercury switches, fluorescent lamps, flat-panel monitors, thermostats, thermostat probes, small coin type batteries, barometers, and dental amalgams.

Hardware means any article, container, piece of material, individual part, subassembly, assembly, component, or system to which mercury control requirements apply.

Mercury-free means hardware that does not contain functional mercury and is not contaminated by mercury or mercury compounds.

Portable means items that are frequently transported during normal operation. Desk lamps, shop lights, and hand-held instruments are considered portable, while bulbs in stationary light fixtures are not. In general, items that require transport only during maintenance, installation, and removal of the items are not considered portable.

(b) The Contractor, and all subcontractors and vendors, shall ensure that mercury or mercury containing compounds are not intentionally added to, or come in direct contact with, hardware or supplies furnished under this contract.

(1) The Contractor shall ensure that mercury and mercury compounds are not taken onboard naval vessels by Contractor, subcontractor, or vendor personnel except for functional mercury used in batteries, dental amalgams, fluorescent lamps, flat-panel monitors, required instruments, sensors or controls, weapon systems, and chemical analysis reagents specified by the Naval Sea Systems Command (NA VSEA).

(2) Portable fluorescent lamps and portable instruments containing elemental mercury must be shock-proof in accordance with MIL-DTL-901E entitled Requirements for Shock Tests, H.I. (High Impact) Shipboard Machinery, Equipment, and Systems and have mercury enclosed by a double boundary of containment. Some devices with liquid crystal display (LCD) screens utilize a fluorescent bulb backlight to illuminate the LCD screen. No additional restrictions or controls apply to devices with LCD screens; however, the Contractor shall remove the LCD screen and seal it in plastic following any evidence that the backlight failed.

(3) For Submarines, any use of mercury containing items must be approved as required by the Nuclear Powered Submarine Atmosphere Control Manual (S9510-AB-ATM-010/U) Volume 1.

(4) The Contractor shall ensure that mercury and mercury compounds do not contact hardware surfaces in systems covered by NAVSEA Manual NA VSEA 0989-064-3000 entitled Cleanliness Requirements for Nuclear Propulsion Plant Maintenance and Construction, submarine air systems, level I systems per NA VSEA Publication 0948-LP-045-7010, Page 5 of44

NA VSEA Material Control Standard, or the submarine safety program (SUBSAFE) surfaces during maintenance or repair.

Such hardware is designated as mercury-free. The Contractor shall ensure that all other hardware that could be structurally degraded by contamination with elemental mercury or reactive mercury compounds is separated from it by sufficient distance, or boundaries of containment that effectively prevents contact in all but the most extreme circumstances.

(5) The Contractor shall check any hardware surfaces in the above systems which are known or suspected to have come in contact with mercury or mercury compounds for evidence of structural degradation and external mercury contamination.

The existence of external mercury contamination can be determined following MIL-STD-204 lD entitled Control of Detrimental Materials.

(6) The presence of mercury in a product may be determined by checking product labeling on material safety data sheets or safety data sheets. Chemical analysis is not required.

(7) The Contractor shall dispose of any mercury and mercury compounds in accordance with OPNA V Manual (OPNA V M- 5090.1) entitled Environmental Readiness Program Manual of 10 January 2014.

(8) If the use of mercury or mercury compounds cannot be avoided, a risk assessment and waiver request, if required, must be performed and submitted per the NAVSEA Hazardous Material Avoidance Process (T9070-AL-DPC-020/077-2). For systems covered by the NAVSEA Manual NA VSEA 0989-064-3000 entitled Cleanliness Requirements for Nuclear Propulsion Plant Maintenance and Construction, submit the risk assessment and waiver request, if required to Nuclear Propulsion (NA VSEA 08).

(c) In all cases where mercury or a mercury compound has contacted hardware surfaces required to be mercury-free the Contractor shall immediately provide a report to the NA VSEA Dry Environmental Systems and Hazardous Materials (NA VSEA 05P5) via the cognizant contract administration safety office. Reports concerning systems covered by NA VSEA Manual 0989- 064-3000 must include NA VSEA Nuclear Propulsion Directorate (SEA 08) in the distribution. Reports must be in letter form and include the date and details of the contact, the surfaces contacted, the recovery actions taken, and the status of the affected surfaces.

(End of Text)

Packaging and Marking

Additional Regulation or Supplemental Clauses Incorporated by Full Text

O

_246_HOOJ WARRANTY NOTIFICATION FOR ITEM(S) - AL TERNA TE I (NA VSEA) (APR

2024) (Apr 2024)

N4523A25Q00060001

The Contractor shall apply a permanent warranty notification stamping or marking on each warranted deliverable end item and its container in accordance with MIL-STD-129R with Change 3 dated 25 February 2023 and MIL-STD-130N(l) dated 16 November 2012. The notification shall be placed in close proximity to other required stamping or markings so as to be easily readable by personnel. The warranty notification shall read:

THIS ITEM WARRANTED UNDER CONTRACT ___ TO CONFORM TO DESIGN,

MANUFACTURING, AND PERFORMANCE REQUIREMENTS AND BE FREE FROM DEFECTS

IN MATERIAL AND WORKMANSHIP FOR ______ FROM DATE OF ACCEPTANCE.

IF ITEM IS DEFECTIVE NOTIFY ________ AND PCO.

(End of Text)

D-247-H004 MARKING AND PACKING LIST(S)- BASIC (NAVSEA) (FEB 2022) (Feb 2022)

(a) Marking. Shipments, shipping containers and palletized unit loads shall be marked in accordance with ASTM-D-3951-18 approved 1 May 2018, Standard Practice for Commercial Packing.

(b) Packing List(s). A packing list (DD Form 250 Material Inspection and Receiving Report may be used) identifying the contents of each shipment, shipping container or palletized unit load shall be provided by the Contractor with each shipment. When a contract line item identified under a single stock number includes an assortment of related items such as kit or set components, detached parts or accessories, installation hardware or material, the packing list(s) shalJ identify the assorted items. Where assortment of related items is included in the shipping container, a packing list identifying the contents shalJ be furnished.

(c) Master Packing List. In addition to the requirements in paragraph (b) above, a master packing list shall be prepared where more than one shipment, shipping container or palletized unit load comprise the contract line item being shipped. The master packing list shall be attached to the number one container and so identified.

( d) Part Identification. All items within the kit, set, installation hardware or material shall be suitably segregated and identified within the unit pack

(s) or shipping container by part number and/or national stock number.

(End of Text)

Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title

52.246-1 Contractor Inspection Requirements.

Overall Contract Inspection/ Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Government QA inspection code 'E' = 7 days

DoDAAC: N4523A CountryCode: USA

PUGET SOUND NAVAL SHIPYARD IMF

MAINTFACRECOFFICERBLDG514, 1400FARRAGUT AVE

BREMERTON, WA 98314-5001

UNITED STATES

Teri Rasmussen. Shop Stores 91

Effective Date

Apr 1984

Alternate/ Deviation

N4523A25Q00060001 Page 7 of44

Variation Effective Date

Deliveries or Performance

Contractor Destination

Line Item

Delivery Schedule

Delivery On Or Before Delivery Date 30 May

Additional Descriptive Data:

Quantity

50 Each

Address and POC

Ship To DoDAAC: N4523A CountryCode: USA

PUGET SOUND NAVAL SHIPYARD IMF

MAINT FAC REC OFFICER BLDG 514, 1400

FARRAGUT AVE

BREMERTON, WA 98314-5001

UNITED STATES

DELIVERY NOTIFICATION REQUIREMENTS

Special Handling/Notes

FoB Details Contractor Destination

1. Email Contracting POC with SHIPMENT TRACKING NUMBER: melissa.ayers@navy.mil

2. The contractor shall notify the designated point of contact (POC) listed below 24 hours prior to delivery of supplies to Commander Navy Region Northwest (CNRNW) commands listed below. This notification shall include the following information:

A. Name of vendor supplying the material

B. Item(s) to be delivered

C. Name of delivery/drayage contractor delivering item(s)

D. Expected time of delivery

E. Name ofdriver(s), if known

F. Type of delivery vehicle, if known

3. Notice shall be provided by PHONE/FAX to the applicable POC listed below:

COMMAND POC EMAIL FAX

Puget Sound Naval Shipyard B494 Heavy Receiving 360-476-7441 360-476-9988

Puget Sound Naval Shipyard TBD

4. Prior notification is not required for regularly scheduled deliveries with badged drivers in trucks with DOD decals.

5. All deliveries to CNRNW commands must pass through the base Truck Inspection Station. All delivery vehicles and any weight handling equipment are subject to inspection. Drivers should expect delays due to heightened security.

6. Drivers entering the Controlled Industrial Area (CIA) within Puget Sound Naval Shipyard and the Operations Area of Naval Base Kitsap-Bangor Annex MUST be United States citizens and should be prepared to provide appropriate proof of U.S. citizenship to security personnel.

**See Clause 52.211-9 in contract

FAR Clauses Incorporated by Reference

Number

52.211-17 52.247-34

Title

Delivery of Excess Quantities.

F.o.b. Destination.

FAR Clauses Incorporated by Full Text

52.211-9 Desired and Required Time of Delivery.

As prescribed in l l.404(a)(3), insert the following clause:

Effective Date

Sep 1989 Nov 1991

Alternate/ Deviation

(Jun 1997)

DESIRED AND REQUIRED TIME OF DELIVERY (JUNE 1997)

(a) The Government desires delivery to be made according to the following schedule:

Desired Delivery Schedule

[ Contracting Officer insert specific details]

Item No. Quantity Within Days After Date of Contract

0001 50 170 -

Variation Effective Date

If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below.

However, the offeror's proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government's required delivery schedule as follows:

Required Delivery Schedule

[ Contracting Officer insert specific details]

Item No. Quantity

0001 50

Within Days After Date of Contract

N4523A25Q00060001 Page 10of44

Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.

Offeror's Proposed Delivery Schedule

Item No. Quantity Within Days After Date of Contract

Page 11 of44

(b) Attention is directed to the Contract A ward provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nomesponsive and rejected.

(End of clause)

Page 12 of44

Contract Administration Data

ACRN

Line Additional Descriptive Data Item

PAYMENT REQUEST FORM:

GOVERNMENT PURCHASE CARD (MAY 17, 2017)

Please follow the steps below to receive payment via Government-Wide Purchase Card.

1. After product shipment or service is rendered, complete the payment form and email or fax to Accounts Payable (A/P), PSNS & IMF Cardholder contact information is below:

c600.creditcard.fct@navy.mil

Fax: (360) 476-8553

2. An itemized and serialized invoice with the Government Purchase Order number and Delivery Order number (if applicable) clearly indicated on all pages. This is required to be included with the Payment Request Form - see attachment.

No CLIN Funding

3. FOB Origin, Prepaid, and Prepay & Add sales require evidence of freight paid. Submit copy of freight Data bill with payment request form. Packaging and handling charges will not be reimbursed.

4 . Upon receipt of all required documentation, a Government purchase card holder will contact the contractor's designated person of contact with purchase card information.

5. Code 600 Method of Payment policies does not allow the use of third-party card processing companies such as PayPal, Paypro, etc.

6. If a Government card number is necessary for order processing purposes, the vendor can EMAIL or FAX this form and a proforma invoice to A/P to request a cardholder's number. A/P will provide the card information via phone call.

* Specify "Order Processing Purposes Request" on the top of the form.

* AT NO TIME CAN AN ORDER PROCESSING CARD NUMBER BE CHARGED WITHOUT

THE CARDHOLDER'S FINAL AUTHORIZATION.

* Failure to receive authorization will result in an immediate request for credit and/or dispute of the transaction.

DFARS Clauses Incorporated by Reference

Number Title

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card.

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions.

As prescribed in 232. 7004(b ), use the following clause:

Effective Date

Dec 2018 May2018

Alternate/ Deviation

(Jan 2023)

WIDE AREA WORK.FLOW PAYMENT INSTRUCTIONS (JAN 2023)

Variation Effective Date

(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 (WA WF).

"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 defmed in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WA WF 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 WA WF, the Contractor shall-

(!) 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 WA WF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

( d) WA WF training. The Contractor should follow the training instructions of the WA WF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WA WF. Both can be accessed by selecting the "Web Based Training" link on the WA WF 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.

(t) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WA WF 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)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2inl, 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 '1nvoice 2inl" 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 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 WA WF "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 WA WF 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

Issue By DoDAAC

Adrnin DoDAAC

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPODoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

N68732

N4523A

N4523A

N4523A

N4523A

NIA

NIA

NIA

NIA

NIA

N4523A

NIA

NIA

N4523A25Q00060001 Page 14 of44

(*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 DoDAA C for the contract administration office assigned the functions under FAR 42.302(a)(I 3).)

(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 ofDFARS Appendix F.

(g) WAWF point of contact.

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

PSNS Finance Dept askaccountspayable@us.navy.mil,

(2) Contact the WA WF belpdesk at 866-618-5988, if assistance is needed.

Special Contract Requirements

Contract Clauses

FAR Clauses Incorporated by Reference

Number

52.203-19 52.204-13 52.204-18 52.204-21

52.204-23

52.204-25

52.204-27 52.209-10 52.212-4 52.219-6 52.222-21 52.222-26 52.222-50 52.223-23 52.225-13 52.226-8 52.232-33 52.232-36 52.232-39 52.232-40 52.233-3 52.233-3 52.233-4

Title

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

System for Award Management Maintenance.

Commercial and Government Entity Code Maintenance.

Basic Safeguarding of Covered Contractor Information Systems.

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

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

Prohibition on a ByteDance Covered Application.

Prohibition on Contracting with Inverted Domestic Corporations.

Contract Terms and Conditions-Commercial Products and Commercial Services.

Notice of Total Small Business Set-Aside.

Prohibition of Segregated Facilities.

Equal Opportunity.

Combating Trafficking in Persons.

Sustainable Products and Services.

Restrictions on Certain Foreign Purchases.

Encouraging Contractor Policies to Ban Text Messaging While Driving.

Payment by Electronic Funds Transfer-System for Award Management.

Payment by Third Party.

Unenforceability of Unauthorized Obligations.

Providing Accelerated Payments to Small Business Subcontractors.

Protest after A ward.

Protest after Award. (Alternate D Applicable Law for Breach of Contract Claim.

DFARS Clauses Incorporated by Reference

Number

252.203-7000 252.203-7002

Title

Requirements Relating to Compensation of Former DoD Officials.

Requirement to Inform Employees ofWhistleblower Rights.

Effective Date

Sep 2011 Dec2022

Effective Date

Jan 2017 Oct2018 Aug2020 Nov2021

Dec 2023

Nov 2021

Jun 2023 Nov 2015 Nov2023 Nov2020 Apr2015 Sep 2016 Nov 2021 May 2024 Feb 2021 May 2024 Oct2018 May2014 Jun 2013 Mar2023 Aug 1996 Aug 1996 Oct2004

Alternate/ Deviation

Alternate I

Alternate/ Deviation

N4523A25Q00060001 Page 16of44

Variation Effective Date

Jun 1985

Variation Effective Date

252.204-7012

252.204-7015

252.204-7018

252.204-7020 252.204-7022 252.211-7008 252.223-7008 252.225-7056

Safeguarding Covered Defense Information and Cyber Incident Reporting.

(DEVIATION 2024-00013 REVISION 1)

May2024

Jan2023

Jan 2023

Nov2023 May2021 Sep 2010 Jan 2023 Jan 2023

Deviation 2024-00013 May 2024

252.225-7060

252.232-70 I 0 252.244-7000 252.247-7023

Notice of Authorized Disclosure of Information for Litigation Support.

Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

NIST SP 800-171 DoD Assessment Requirements.

Expediting Contract Closeout.

Use of Government-Assigned Serial Numbers.

Prohibition ofHexavalent Chromium.

Prohibition Regarding Business Operations with the Maduro Regime.

Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

Levies on Contract Payments.

Subcontracts for Commercial Products or Commercial Services.

Transportation of Supplies by Sea.

Jun 2023

Dec2006 Nov2023 Oct2024

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders Commercial Products and Commercial Services.

As prescribed in 12.30l(b)(4), insert the following clause:

(May 2024)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2024)

Page 17 of44

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-9 I).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889 (a)(l)(A) of Pub. L. 115-232).

( 4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U .S.C. 3903 and 10 U.S.C. 3801 ).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate l (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

(2) 52.203-13, Contractor Code ofBusiness Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(Applies to contracts funded by the American Recovery and Reinvestment Act of2009.)

(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts ofDoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

(6) [Reserved].

(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. ll7-328).

(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi Agency Contracts. (Dec 2023) (Pub. L. 115-390, title 11).

(11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).

(ii) Alternate I (Dec 2023) of 52.204-30.

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(14) [Reserved].

(15) 52.219-3, Notice ofHUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(17) [Reserved]

(18)

X (i) S2.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (1S U.S.C. 644).

X (ii) Alternate I (Mar 2020) of S2.219-6.

(19)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-7.

(20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

(21)

(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Jun 2020) of 52.219-9.

(v) Alternate IV (Sep 2023) of52.219-9.

(22)

(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

(23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

(24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

N4523A25Q00060001

(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

(26)

X (i) S2.219-28, Post Award Small Business Program Representation (Feb 2024) (1S U.S.C. 632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219-28.

(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(l 7)).

X (31) S2.222-3, Convict Labor (Jun 2003) (E.O.1175S).

X (32) S2.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

X (33) S2.222-21, Prohibition of Segregated Facilities (Apr 201S).

(34)

X (i) S2.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

(ii) Alternate I (Feb 1999) of 52.222-26.

(35)

(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ii) Alternate I (Jul 2014) of 52.222-35.

(36)

X (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(ii) Alternate I (Jul 2014) of 52.222-36.

(37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(38) 52.222-40, Notification ofEmployee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(39)

X (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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(40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22 .1803 .)

(41)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, et seq.).

( 43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

(44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).

(45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).

(46) 52.223-23, Sustainable Products and Services (May 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 76711).

(47)

(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

(ii) Alternate I (Jan 2017) of 52.224-3.

(48)

(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

(ii) Alternate I (Oct 2022) of 52.225-1.

(49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I [Reserved].

(iii) Alternate II (Dec 2022) of 52.225-3.

(iv) Alternate III (Feb 2024) of 52.225-3.

(v) Alternate IV (Oct 2022) of 52.225-3.

(50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).

(56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

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(57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

(58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

(59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (3 1 U.S.C. 3332).

X (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

X (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

(64)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of Jaw or Executive orders applicable to acquisitions of commercial products and commercial services:

[ Contracting Officer check as appropriate. ]

(1) 52.222-41 , Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.

C. chapter 67).

(5) 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) (41 U.S.C. chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

Page 21 of44

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision oflaw.

(e)

(!) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(l), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title Yll, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91 ) .

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889 (a)(l)(A) of Pub. L. 115-232).

X (vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)

(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).

(B) Alternate I (Dec 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. lfthe subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (t) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xvi)

X (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 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) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xxii)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

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(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph ( e) off AR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management. (Jul 2013)

As prescribed in 32.l l 10(a)(2), insert the following clause:

PAYMENT BY ELECTRONIC FUNDS TRANSFER-OTHER THAN SYSTEM FOR A WARD MANAGEMENT (JUL 2013)

(a) Method of payment.

(1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT) except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend payment due dates until such time as the Government makes payment by EFT (but see paragraph ( d) of this clause).

(b) Mandatory submission of Contractor's EFT information.

(I) The Contractor is required to provide the Government with the information required to make payment by EFT (see paragraph G) of this clause).

The Contractor shall provide this information directly to the office designated in this contract to receive that information (hereafter: "designated office") by _____ [the Contracting Officer shall insert date, days after award, days before first request, the date specified for receipt of offers if the provision at 52.232-38 is utilized, or "concurrent with first request" as prescribed by the head of the agency; if not prescribed, insert "no later than 15 days prior to submission of the first request for payment"]. If not otherwise specified in this contract, the payment office is the designated office for receipt of the Contractor's EFT information. If more than one designated office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated office(s).

(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability ofthis EFT information in terms acceptable to the designated office. However, EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract.

( c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR Part 210.

(d) Suspension of payment.

(1) The Government is not required to make any payment under this contract until after receipt, by the designated office, of the correct EFT payment information from the Contractor. Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT information no later than 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the updated EFT information is implemented by the payment office. If such suspension would result in a late payment

Page 23 of44 under the prompt payment terms of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension.

( e) Liability for uncompleted or erroneous transfers.

( l) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for-

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFf information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and-

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment and the provisions of paragraph ( d) shall apply.

(t) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified…