27QA010 Solicitation.pdf

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Attached to
Tobyhanna Gates & Turnstiles
Solicitation number
W51AA127QA010
Issued by

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This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (SF 1449) issued by the Army Contracting Command (ACC), APG, Tobyhanna Division for maintenance and repair services on gates and turnstiles at Tobyhanna Army Depot in Pennsylvania.

The solicitation (W51AA127QA010) is a Women-Owned Small Business (WOSB) set-aside with a 100% small business requirement under NAICS code 561621. The solicitation seeks a hybrid firm fixed-price (FFP) and time-and-materials (T&M) contract for one base year plus four option years, from December 15, 2026 through December 14, 2031. The base year includes: (1) Quarterly preventative maintenance at $57,348.62 FFP, (2) Emergency/remedial service calls at $20,000.00 T&M, and (3) Sprocket-based drive system upgrade and barrier refurbishment at $34,651.38 FFP (one-time). Remedial work will be invoiced at a single, fully-loaded labor rate. Proposals are due by November 13, 2026 at 12:00 PM EST to Brian.K.Dionysius.civ@army.mil. A mandatory site visit will be held November 2, 2026 at 1:00 PM EST. Award will be made on a best-value basis using a trade-off process considering price and past performance. Offerors must submit three references of similar size, scope, and magnitude from the past three years and complete the pricing spreadsheet (Attachment III). Services must comply with Service Contract Act wage rates (DOL Wage Determination No. 2015-5797, Revision 33, dated 08/12/2026). Contractor personnel require security screening and TYAD form 648-C submission at least five workdays prior to on-site work. The minimum offer acceptance period is 60 days from the offer due date.

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WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

calls)

Section A - Solicitation/Contract Form

Gates and TurnstilesInstrument Name:

Product Service Code : Z1PZ

ADDENDUM

1. This Solicitation, W51AA1-26-Q-A100, is in accordance with FAR Part 12, Acquisition of Commercial Products and Commercial Services.

2. The Army Contracting Command (ACC), APG, Tobyhanna Division, Tobyhanna, PA 18466, intends to solicit and award a hybrid firm fixed-price (FFP) and time and materials (T&M) services contract for these services located at Tobyhanna Army Depot, Tobyhanna PA 18466, in accordance with (IAW) the attached Performance Work Statement (PWS).

3. To receive an award, offerors must have an active registration in the System for Award Management (SAM) https://www.SAM.gov with no active exclusions and have no debt subject to offset. Prospective offerors must be found to be responsible in accordance with FAR 9.1.

4. SITE VISIT: IAW FAR Clause 52.237-1, a single site visit will be conducted. The site visit will be held on Monday, November 2nd, 2026 . Attendance is recommended for Offerors. @ 1:00pm EST The meeting location will be Building 606, The Reception building at the Main Gate. Attendees will then be led to the corner of the B20 parking lot where we will go to the areas together. Attendees are encouraged to arrive 15 minutes early to check in. If visitors do not possess a TYAD issued Contractor badge, they will be required to present a state-issued Real ID, or a U.S.- issued passport as forms of identification to gain access to the base (vehicle registration and insurance may also be required). Information provided at each site visit, as well as answers to any general questions, shall not affect the terms and conditions of the solicitation and/or specifications. Terms remain unchanged unless the solicitation is amended in writing. Please refer to clause 52.237-1 for Site Visit information. The Contracting Officer Representative, (COR) for this project is: Matthew Balut, Phone: (570) 615-9644; Email: Matthew.J.Balut.civ@army.mil

5. QUESTIONS AND ANSWERS: All questions must be submitted in writing to the Contract Specialist via email only, at Brian.K.Dionysius.civ@army.mil. Offerors are instructed NOT to contact any TYAD personnel, as this may result in delay of answers and possible incorrect information. Questions must be received no later than Friday, November 6th, 2026 at 12:00PM

. Answers will be consolidated and posted. If any Questions and Answers impact the PWS EST then an Amendment will be created where applicable and posted in the same manner as the Solicitation. Questions received after the date and time listed in this paragraph will not be answered.

W51AA127QA010

mailto:Matthew.J.Balut.civ@army.mil

6. Parties interested in responding to this Request for Proposal (RFP) shall complete a standard form (SF) 1449 http://www.forms.gov, blocks 5, 12, 17a, 17b, 19 thru 24, 30a, and 30b; and 30c.

The offer must be signed by a company official authorized to contractually bind the company.

7. BASIS FOR AWARD & EVALUATION CRITERIA: Award evaluation and basis for award will be performed in accordance with FAR 52.212-2, Evaluation-Commercial Items, located in the clause section of the solicitation. Award will be Best Value to the Government using a Trade-off process for Price and Past Performance. Offerors are cautioned that any award may not necessarily be made to the lowest offered price. Proposals shall be submitted and award made by the Government on an all or none basis. Therefore, proposals are solicited on that basis only.

8. PROPOSAL SUBMISSION: Offerors shall prepare and submit their proposals and supporting documentation referencing Solicitation "W51AA1-26-Q-A100" no later then Friday, November 13th via email to: Brian.K.Dionysius.civ@army.mil by the closing date/time, in 2026 at 12pm EST accordance with the submission requirements listed in Clause 52.212-1 Instructions to Offerors and Clause 52.212-2 Evaluation of Commercial Items. Failure to follow the instructions may render the proposal nonresponsive. The Government is not responsible for any proposal that was not received in the contract specialist's email Inbox identified above by the time and date specified for receipt of offers, to include any type of firewall delays. Offerors are advised to transmit their complete proposal in enough time to ensure it is received in the contract specialist's email Inbox identified above by the time and date specified for receipt of proposals. Proposals or parts of proposals received after the time and date specified for receipt of proposals will be considered Late.

Submission Documents:

A. Contractor Proposal

B. Signed SF1449 (#6 above)

C. Three (3) Past Performance References (FAR 52.212-2). References should be of similar size, scope, and magnitude of this requirement or relevant contracts over the past three (3) years.

D. All Signed Amendments if applicable

E. The Offeror shall complete the pricing spreadsheet titled "Attachment III - Pricing Table". Pricing not submitted utilizing Attachment III - Pricing Table, may not be considered.

10. Offerors shall not submit any assumptions, terms, conditions, caveats, or exceptions with proposals. All concerns shall be addressed and resolved by submitting questions by the date specified in this RFP. No assumptions, terms, conditions, caveats, or exceptions submitted with proposals in response to RFPs will be accepted or incorporated into the awarded contract.

11. The Government is not responsible for any costs incurred for contractor's time or materials expended in preparing a proposal for this solicitation.

W51AA127QA010

12. The minimum acceptable acceptance period for offers is ninety (60) days from the date specified in Block 8, on Page 1 of the SF1449.

13. TYPE OF CONTRACT: Any resultant award will be a Hybrid contract with Firm-Fixed Price (FFP) and Time & Materials (T&M) Contract Line Items (CLINs). All approved remedial work will be invoiced against the T&M line item at the single, fully loaded labor rate, proposed in Attachment III

- Pricing Table. Any resultant award will be a single award only. W51AA126QA100 Page 4 of 52.

14. Wage Rates can be found on the Service Contract Act side of WWW.SAM.GOV. The services to be performed fall under the authority of the service contract act unless otherwise exempt by the Contracting Officer. Department of Labor (DOL) Service Contract Act Wage Determination No:

2015-5797, Revision No.: 33, Dated: 08/12/2026 is provided at Attachment II to this solicitation.

PERFORMANCE WORK STATEMENT See Solicitation Attachment I.

VISITOR RESTRICTIONS

TOBYHANNA ARMY DEPOT ON-SITE CONTRACTOR WORKFORCE AND VISITOR

RESTRICTIONS

1. NON-RESIDENT/NON-IMMIGRANT ALIENS

a. All non-resident/non-immigrant aliens must have approval prior to being permitted access to Tobyhanna Army Depot (TYAD). Such approval must be obtained by requesting access through the following: apply at the alien-resident's embassy; proceed to the U.S. Embassy; proceed to the Department of the Army; proceed to Army Materiel Command; proceed to U.S. Communications- Electronics Command; proceed to TYAD.

b. All non-resident/non-immigrant aliens granted access to TYAD are required to be escorted by Government personnel. One Government escort can accommodate a maximum of two nonresident/ non-immigrant aliens.

c. Due to limited availability of Government personnel, contractors shall not be permitted to employ non-resident/non-immigrant aliens as part of the contractor's on-site workforce. Limited exceptions to this restriction may be considered on a case-by-case basis. Such exceptions shall only be considered where a specialized skill or trade is not otherwise available, and even under such circumstances would only be considered for very limited duration, e.g., a few hours/days.

However, even if limited exception is considered, access may still be denied. Contractors whose personnel are either denied entry to TYAD or permitted limited entry to TYAD due to the security requirements pertaining to non-resident aliens/non-immigrants are not relieved of their obligation to provide the required contract performance and must do so at no additional cost to the Government. Any contractor failing to perform or that fails to perform in a timely manner under such circumstances may be terminated for default or other contractual remedies as appropriate.

d. Due to limited availability of Government personnel, visitors requiring escort may not be permitted access, or access may be limited to a certain time and duration.

2. FOR THE PURPOSE OF FORMAL ESCORTED SITE VISITS

Resident aliens (immigrants) in possession of a valid Form I-551, Alien Registration Receipt Card ("Green Card"), are not required to obtain approval as set forth in paragraph 1.a. above (but see paragraph 5, below). Such individuals must have proper identification in addition to a valid form I- 551 in their physical possession at all times while at TYAD. Individuals lacking proper identification and valid form I-551 will be denied access to TYAD.

3. SECURITY SEARCHES, IN-PROCESSING, AND SECURITY SCREENING

The DoD requires all installations to conduct a vetting process to determine fitness and eligibility for access. All visitors to the installation are subject to be vetted by Automated Installation Entry and/or NCIC-III, as well as a check of the Installation Bar List. The Contractor shall ensure its personnel have an acceptable form of identification to access Tobyhanna Army Depot. A Department of Defense Common Access Card, a state-issued Real ID, or a U.S.-issued passport are all acceptable forms of identification.

All persons seeking entrance to TYAD must submit to and comply with all security standards and requirements in force at the time such persons are seeking entry. All visitors and contractors, regardless of resident status or citizenship, will be subject to vehicle search and intense in-processing by TYAD Security personnel prior to being granted access to TYAD. This security screening process may be time consuming and access may be delayed or denied. Any Contractors who will be working on site, company representatives who will be visiting periodically, and any companies or contractors requesting or requiring TYAD badges for other business reasons must submit a completed TYAD form 648-C (Attachment IV) to their contract or depot point of contact. The completed form must be submitted at least five (5) workdays in advance of on-site performance for each employee intended for onsite performance or five

Any contractor employee (s) (5) workdays in advance of visits or other business at the depot.

already on site who have not been screened, will be subject to security screening. This requirement is inclusive of on-site supervisory or managerial personnel and sub-contractor personnel that the Contractor anticipates will be performing work or visiting on-site. This security screening does not relieve the contractor of any responsibilities to conduct thorough pre-employment background checks and drug screening. Contractor workers will not be granted access to the work site until security screening is completed and access is approved. Any contractor personnel on site who fail screening will not be permitted further access to TYAD.

4. SUBMISSION OF BIDS OR PROPOSALS

Bidders/offerors who hand carry bids or quotes do so at their own risk. Bidders/offerors are solely responsible for the timely submission of bids /proposals/quotations, any delays security measures notwithstanding.

5. CONTRACTOR ON-SITE WORKFORCE - ADDITIONAL SECURITY REQUIREMENTS

A. This section is in addition to the requirements above regarding non-resident aliens (nonimmigrants) for on-site performance. Prior to the commencement of performance under the contract and within seven (7) workdays of contract award, the Contractor shall submit to the Chief, Security Division, Tobyhanna Army Depot, a roster of all contractor personnel, inclusive of on-site supervisory or managerial personnel and sub-contractor personnel, that the Contractor anticipates will be performing work on-site. The roster shall indicate which individuals are U.S. citizens and which are resident aliens (immigrants). The following documentation shall accompany the roster for each individual named on the roster as a resident alien (immigrant):

i) A copy of a verifiable form of identification, such as a state-issued Real ID, or a U.S.-issued passport.; and

ii) A copy of a valid Department of Justice Immigration and Naturalization Service Form I-551, Alien Registration Receipt Card ("Green Card").

Contractors who fail to identify any and all resident aliens (immigrants) who will be used for on-site performance and who will seek access to Tobyhanna Army Depot as a worker for or through the contractor, inclusive of managerial and subcontractor personnel, may be subject to civil and criminal penalties and sanctions as well as contract remedies.

B. Within five (5) workdays of the submission of the roster, documentation, and TYAD form 648-C, the Government will have completed the security check and the Contractor shall be notified whether all listed personnel will be permitted to work on-site. However, actual access to Tobyhanna Army Depot by the roster personnel will remain contingent upon such resident alien (immigrant) individuals presenting two (2) forms of identification as they process into the Depot through the Security building: a valid Form I-551, Alien Registration Receipt Card ("Green Card") in addition to at least one other verifiable form of identification.

C. The roster that the Contractor submits is amendable. However, up to five (5) workdays will be required to perform a security check on any personnel added to the roster. The Contractor is urged to include contingency or "back-up" personnel in the original roster in order to avoid delays due to roster amendment.

D. Contractors whose personnel are denied entry to TYAD due to the security requirements are not relieved of their obligation to provide the required contract performance and must do so at no additional cost to the Government. Any contractor failing to perform or that fails to perform in a timely manner under such circumstances may be terminated for default or be subject to other contractual remedies as appropriate.

*** END OF NARRATIVE 1 ***

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quanti ty

Unit Unit Price Amount

0001 Base Year - Quarterly Preventative Maintenance - Preventative Maintenance to be performed In Accordance With (IAW) the Performance Work Statement (PWS) Paragraph 5.2.1.

CLIN only - Requisition Document Number (MILSTRIP, DLMS, FEDSTRIP): W25G1V6112004E

Product Service Code: Z1PZ

North American Industry Classification System (NAICS):

561621

Bill to Party: W25G1V

Pricing Arrangement: Firm Fixed Price

4 Lot

Additional Descriptive Data:

POP:16 December 2026 - 15 December 2027 PCS code: Z1PZ, AMS: 79.D1, EOR: 2540, CC: 43500, JON: 96831, RI: 002ON3

FFP/T<(>&<)>M:

CLIN 001: $57,348.62 FFP

CLIN 002: $20,000.00 T<(>&<)>M

CLIN 003:$34,651.38 FFP (one time purchase) Tech POC: Matthew Balut x9644 Requisitioner: Kyla Cokely x7301

0002 1 Lot

Base Year - Emergency / Remedial Service Calls - Perform remedial / emergency repairs as needed IAW PWS Paragraph 5.2.2.

Product Service Code: Z1PZ

North American Industry Classification System (NAICS):

561621

Pricing Arrangement: Time and Materials

0003 Base Year - Parts / Materials ordered as needed used to perform remedial / emergency repairs as needed IAW PWS Paragraph 5.2.2.

Product Service Code: Z1PZ

North American Industry Classification System (NAICS):

561621

Pricing Arrangement: Time and Materials

1 Lot

0004 Base Year - Sprocket-Based Drive System Upgrade & Barrier Refurbishment - Performed In Accordance With (IAW) the Performance Work Statement (PWS) Paragraph 5.3.

Product Service Code: Z1PZ

North American Industry Classification System (NAICS):

561621

1 Lot

Pricing Arrangement: Firm Fixed Price

Option Line Item

Option Year 1 - Quarterly Preventative Maintenance - Preventative Maintenance to be performed In Accordance With (IAW) the Performance Work Statement (PWS) Paragraph 5.2.1.

Product Service Code: Z1PZ

North American Industry Classification System (NAICS):

561621

Pricing Arrangement: Firm Fixed Price

4 Lot

Option Line Item

Option Year 1 - Emergency / Remedial Service Calls - Perform remedial / emergency repairs as needed IAW PWS Paragraph 5.2.2.

Product Service Code: Z1PZ

North American Industry Classification System (NAICS):

561621

Pricing Arrangement: Time and Materials

1 Lot

Option Line Item

Option Year 1 - Parts / Materials ordered as needed used to perform remedial / emergency repairs as needed IAW PWS Paragraph 5.2.2.

Product Service Code: Z1PZ

1 Lot

North American Industry Classification System (NAICS):

561621

Pricing Arrangement: Time and Materials

Option Line Item

Option Year 2 - Quarterly Preventative Maintenance - Preventative Maintenance to be performed In Accordance With (IAW) the Performance Work Statement (PWS) Paragraph 5.2.1.

Product Service Code: Z1PZ

North American Industry Classification System (NAICS):

561621

Pricing Arrangement: Firm Fixed Price

4 Lot

Option Line Item

Option Year 2 - Emergency / Remedial Service Calls - Perform remedial / emergency repairs as needed IAW PWS Paragraph 5.2.2.

Product Service Code: Z1PZ

North American Industry Classification System (NAICS):

561621

Pricing Arrangement: Time and Materials

1 Lot

Option Line

Option Year 2 - Parts / Materials ordered as needed used to perform

1 Lot

Item remedial / emergency repairs as needed IAW PWS Paragraph 5.2.2.

Product Service Code: Z1PZ

North American Industry Classification System (NAICS):

561621

Pricing Arrangement: Time and Materials

Option Line Item

Option Year 3 - Quarterly Preventative Maintenance - Preventative Maintenance to be performed In Accordance With (IAW) the Performance Work Statement (PWS) Paragraph 5.2.1.

Product Service Code: Z1PZ

North American Industry Classification System (NAICS):

561621

Pricing Arrangement: Firm Fixed Price

4 Lot

Option Line Item

Option Year 3 - Emergency / Remedial Service Calls - Perform remedial / emergency repairs as needed IAW PWS Paragraph 5.2.2.

Product Service Code: Z1PZ

North American Industry Classification System (NAICS):

561621

Pricing Arrangement: Time and Materials

1 Lot

Option Line Item

Option Year 3 - Parts / Materials ordered as needed used to perform remedial / emergency repairs as needed IAW PWS Paragraph 5.2.2.

Product Service Code: Z1PZ

North American Industry Classification System (NAICS):

561621

Pricing Arrangement: Time and Materials

1 Lot

Option Line Item

Option Year 4 - Quarterly Preventative Maintenance - Preventative Maintenance to be performed In Accordance With (IAW) the Performance Work Statement (PWS) Paragraph 5.2.1.

Product Service Code: Z1PZ

North American Industry Classification System (NAICS):

561621

Pricing Arrangement: Firm Fixed Price

4 Lot

Option Line Item

Option Year 4 - Emergency / Remedial Service Calls - Perform remedial / emergency repairs as needed IAW PWS Paragraph 5.2.2.

Product Service Code: Z1PZ

1 Lot

North American Industry Classification System (NAICS):

561621

Pricing Arrangement: Time and Materials

Option Line Item

Option Year 4 - Parts / Materials ordered as needed used to perform remedial / emergency repairs as needed IAW PWS Paragraph 5.2.2.

Product Service Code: Z1PZ

North American Industry Classification System (NAICS):

561621

Pricing Arrangement: Time and Materials

1 Lot

Section C - Description/Specifications/Statement of Work

Requirements service

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.246-6 Inspection-Time-and-Material and Labor-Hour.

2001-05

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement for details.

DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079

UNITED STATES

0002 Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement for details.

DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079

UNITED STATES

0003 Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement for details.

DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079

UNITED STATES

0004 Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement for details.

DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement for details.

DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement for details.

DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement for details.

DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement for details.

DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement for details.

DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement for details.

DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079

UNITED STATES

Option Line Item

Inspection and Acceptance Location

3001 Both Destination Instructions: See Performance Work Statement for details.

DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement for details.

DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement for details.

DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079

UNITED STATES

Item

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement for details.

DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement for details.

DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Performance Work Statement for details.

DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079

UNITED STATES

Section F - Deliveries or Performance

0001 4 LotQuantity

Address and POC Place of Performance DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079 UNITED STATES

Period of Performance From 15 Dec 2026 To 14 Dec 2027

0002 1 LotQuantity

Address and POC Place of Performance DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079 UNITED STATES

Period of Performance From 15 Dec 2026 To 14 Dec 2027

0003 1 LotQuantity

Address and POC Place of Performance DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079 UNITED STATES

Period of Performance From 15 Dec 2026 To 14 Dec 2027

0004 1 LotQuantity

Address and POC Place of Performance DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079 UNITED STATES

Period of Performance From 15 Dec 2026 To 14 Jun 2027

Option Line Item

4 LotQuantity

Address and POC Place of Performance

DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079 UNITED STATES

Period of Performance From 15 Dec 2027 To 14 Dec 2028

Option Line Item

1 LotQuantity

Address and POC Place of Performance DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079 UNITED STATES

Period of Performance From 15 Dec 2027 To 14 Dec 2028

Option Line Item

1 LotQuantity

Address and POC Place of Performance DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079 UNITED STATES

Period of Performance From 15 Dec 2027 To 14 Dec 2028

Option Line Item

4 LotQuantity

Address and POC Place of Performance DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079 UNITED STATES

Period of Performance From 15 Dec 2028 To 14 Dec 2029

Option Line Item

1 LotQuantity

Address and POC Place of Performance DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079 UNITED STATES

Period of Performance From 15 Dec 2028 To 14 Dec 2029

Option Line Item

1 LotQuantity

Address and POC Place of Performance DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079 UNITED STATES

Period of Performance From 15 Dec 2028 To 14 Dec 2029

Option Line Item

4 LotQuantity

Address and POC Place of Performance DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079 UNITED STATES

Period of Performance From 15 Dec 2029 To 14 Dec 2030

Option Line Item

1 LotQuantity

Address and POC Place of Performance DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079 UNITED STATES

Period of Performance From 15 Dec 2029 To 14 Dec 2030

Option Line Item

1 LotQuantity

Address and POC Place of Performance DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079 UNITED STATES

Period of Performance From 15 Dec 2029

To 14 Dec 2030

Option Line Item

4 LotQuantity

Address and POC Place of Performance DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079 UNITED STATES

Period of Performance From 15 Dec 2030 To 14 Dec 2031

Option Line Item

1 LotQuantity

Address and POC Place of Performance DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079 UNITED STATES

Period of Performance From 15 Dec 2030 To 14 Dec 2031

Item

1 LotQuantity

Address and POC Place of Performance DoDAAC: W25G1V CountryCode: USA

W0ML USA DEP TOBYHANNA

DIR OF PUBLIC WORKS ATTN APO, SQUIRE STREET BLDG 1C BAY 6

TOBYHANNA, PA 18466-5079 UNITED STATES

Period of Performance From 15 Dec 2030 To 14 Dec 2031

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative.

1991-12

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

2018-12

DFARS Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.232-7006 Wide Area WorkFlow Payment Instructions.

2023-01

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"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) The WAWF system provides the method to electronically process Electronic invoicing.

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) To access WAWF, the Contractor shall- WAWF access.

(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) The Contractor should follow the training instructions of the WAWF WAWF training.

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) Document submissions may be via web WAWF methods of document submission.

entry, Electronic Data Interchange, or File Transfer Protocol.

(f) The Contractor shall use the following information when WAWF payment instructions.

submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

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

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.

N/A

(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.

N/A

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

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

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

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

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

(3) The Contractor shall use the information in the Routing Data Document routing.

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

HQ0303

Issue By DoDAAC

W51AA1

Admin DoDAAC

W51AA1

Inspect By DoDAAC W25G1V

Ship To Code

Ship From Code

Mark For Code ____

Service Approver (DoDAAC) W25G1V

Service Acceptor (DoDAAC) W25G1V

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(4) The Contractor shall ensure a payment request includes Payment request.

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) The Contractor shall ensure a receiving report meets the Receiving report.

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.

Tobyhanna WAWF POC: David K. Kern - David.K.Kern.civ@army.mil

COR: Mathew J. Balut - Mathew.J.Balut.civ@army.mil

Contract Specialist: Brian K Dionysius - Brian.K.Dionysius.civ@army.mil

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

(End of clause)

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2017-01

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Deviation 2026-O0038)

2026-02

52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)

2026-02

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026- O0038)

2026-02

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

(Deviation 2026-O0038)

2026-02

52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)

2026-02

52.222-3 Convict Labor. (Deviation 2026- O0038)

2026-02

52.222-35 Equal Opportunity for Veterans.

(Deviation 2026-O0038)

2026-02

52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026- O0038)

2026-02

52.222-37 Employment Reports on Veterans. (Deviation 2026- O0038)

2026-02

52.222-41 Service Contract Labor Standards. (Deviation 2026- O0038)

2026-02

52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)

2026-02

52.222-54 Employment Eligibility Verification. (Deviation 2026- O0038)

2026-02

52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026- O0038)

2026-02

52.222-90 Addressing DEI Discrimination by Federal Contractors.

(Deviation 2026-O0040, Revision 1)

2026-04

52.223-23 Sustainable Products. (Deviation 2026-O0038)

2026-02

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

2024-05

52.232-33 Payment by Electronic Funds Transfer-System for Award

2018-10

Management.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-3 Protest after Award. (Deviation 2026-O0038)

2026-02

52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026- O0038)

2026-02

52.240-91 Security Prohibitions and Exclusions. (Deviation 2026- O0038)

2026-02

52.243-3 Changes-Time-and-Materials or Labor-Hours. (Deviation 2026- O0038)

2026-02

52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-04

52.245-1 Government Property. 2021-09

52.245-9 Use and Charges. 2012-04

52.249-4 Termination for Convenience of the Government (Services) (Short Form).

1984-04

52.249-14 Excusable Delays. 1984-04

DFARS Clauses Incorporated by Reference

Number Title Effective Alternate Variation

Date Deviation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7003 Control of Government Personnel Work Product.

1992-04

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2024-05

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

2023-01

252.223-7008 Prohibition of Hexavalent Chromium.

2023-01

252.225-7001 Buy American and Balance of Payments Program.

2024-02

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

2023-06

252.232-7010 Levies on Contract Payments. 2006-12

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

2023-01

252.245-7003 Contractor Property Management System Administration

2025-01

252.245-7005 Management and Reporting of Government Property.

2024-01

252.246-7008 Sources of Electronic Parts. 2023-01

252.247-7023 Transportation of Supplies by Sea.

2024-10

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.212-4 Terms and Conditions- Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-02

Terms and Conditions-Commercial Products and Commercial Services (Feb 2026) (Deviation

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall-

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.

C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon-

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts.

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