RFQ 24Q0031 PMA-226 Peripheral SE.pdf

REQUEST FOR QUOTATION (RFQ)

PERIPHERAL SUPPORT EQUIPMENT

47QSWC24Q0031

***This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with (IAW) the format in FAR Subpart 12.6, 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.***

SECTION A: SOLICITATION/CONTRACT FORM

1. Request for Quote (RFQ) has been prepared in accordance with FAR Part 13, Simplified Acquisition Procedures and FAR Part 12, Acquisition of Commercial

Products and Commercial Services. This RFQ will create a firm-fixed price (FFP), single-award, one-time purchase order for the procurement of various peripheral support equipment. The client agency is the Naval Air Systems Command (NAVAIR), Specialized and Proven Aircraft Program Office (PMA-226) located in Cherry Point, NC.

2. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-03 effective 02/23/2024. The provisions and clauses referenced in this solicitation may be reviewed/obtained in full text form at https://www.acquisition.gov/browse/index/far.

3. This RFQ HAS been set-aside for small businesses. The North American Industry

Classification System (NAICS) code is 336413, titled “Other Aircraft Part and

Auxiliary Equipment Manufacturing” with a small business size standard of 1,250 employees. The Product Service Code (PSC) is 1680, titled “Miscellaneous Aircraft

Accessories and Components”.

4. This is a RFQ for the procurement of various peripheral support equipment. The requirement includes delivery and all requested components.

5. Quoter shall submit a firm-fixed pricing quote and must be able to provide various peripheral support equipment listed on the Pricing Spreadsheet (Attachment 1, Section

1) of this RFQ.

6. In-order for GSA to make a fair and reasonable price determination, additional market research may be conducted. The Contracting Officer may also request Quoter to submit any available pricing data and/or relevant sales/invoice history to further substantiate the price reasonableness of the quote submitted to the Government.

7. This is ONLY a request for quote. A contract will be issued pursuant to the evaluation of the quotations received. DO NOT SHIP based upon the posting of this RFQ.

8. STANDARD COMMERCIAL WARRANTY REQUIREMENT. The Government is https://www.acquisition.gov/browse/index/far requiring all items in the contract have a Standard Commercial Warranty.

9. All RFQ questions must be submitted by 3:00 PM CT, MARCH 13, 2024, via email to april.mcnellie@gsa.gov. Questions submitted after the cut-off date will not be considered.

Answers to questions will be provided via an amendment to the RFQ on SAM.gov and will be viewable by all prospective Quoters.

When submitting questions, please reference “RFQ 47QSWC24Q0031 PMA-226 Peripheral

Support Equipment” in the subject line. In posing questions, Quoters must cite the relevant

RFQ section/sub-section and page number. Questions should be written in a manner that enables clear understanding of the Quoter’s questions or concerns. Questions must also be written in a manner that allows the Government to share the questions and response with all

Quoters. Statements expressing opinions, sentiments, or conjectures are not considered valid inquiries and will not receive a response. Further, Quoters are reminded the Government will not address hypothetical questions aimed at receiving a potential “evaluation decision”.

10. ALL QUOTES AND ALL SUPPORTING DOCUMENTATION SHALL BE SUBMITTED

BY EMAIL TO APRIL.MCNELLIE@GSA.GOV AND ARE DUE ON OR BEFORE 3:00

PM CT, MARCH 27, 2024.

When responding to this RFQ, complete the entire package along with the supplemental documentation and submit your quote package as an attachment to your

RFQ response. No other forms of submission will be accepted. Each quote must be received by the closing date and time. Quotations received after this time will be deemed late and shall not be considered for award.

FAILURE TO PROVIDE ALL OF THE REQUIRED SUBMITTAL

INFORMATION LISTED IN SECTION L (INSTRUCTIONS, CONDITIONS, AND

NOTICES TO OFFERORS OR RESPONDENTS) MAY RESULT IN YOUR

QUOTE NO LONGER BEING EVALUATED OR CONSIDERED FOR AWARD.

mailto:april.mcnellie@gsa.gov mailto:APRIL.MCNELLIE@GSA.GOV

SECTION B: SUPPLIES OR SERVICES

Please fill out the below completely and return with your quote:

*USE THE ATTACHED PRICING SPREADSHEET (ATTACHMENT 1, SECTION 1) TO

SUBMIT QUOTED PRICES*

Please complete the highlighted fields in “blue” and return with your quote:

Company’s Name:

Unique Entity ID (UEI) Number:

Socio-Economic Status:

Quoter’s Point of Contact (POC) Name, Email and

Phone Number:

Country of Origin (COO) by Line Item: See Attachment 1: Section 1 Pricing Worksheet

Proposed Delivery Days After Receipt of Order

(ARO) by Line Item:

See Attachment 1: Section 1 Pricing Worksheet

QUOTER MUST COMPLETE THESE STATEMENTS:

I do ☐ or ☐ do not take any exceptions to the RFQ provisions, clauses, PWS/SOW, or other information.

If Quoter does take exception to any of the RFQ provisions, clauses, requirements, specifications, or other information, please provide a list of any exceptions and explanation(s) in the space below.

Please note, the Government reserves the right to make a selection based upon initial quotes received, without discussions with quoters; therefore, exceptions to the RFQ may eliminate a quoter from receiving any further consideration.

☐ I acknowledge receipt of all RFQ amendments.

To be awarded a contract and to submit invoices, your company will first need to register in

GSA ASSIST, which is an online, web-based purchase order system designed to facilitate the development of delivery and purchase orders within FAS programs, to include submission of invoices and payment. Process includes:

1. Registering your company’s SAM’s Unique Entity ID

2. Registering your company’s GSA’s Multiple Award Schedule (MAS) contract, if applicable.

3. Registering an authorized user to sign (commit) on behalf of the company, to include an individual (if not the same person) who will be submitting invoices. Multiple users may register.

To register, please visit: https://assist.gsa.gov/public/login. If you have any questions or need technical assistance, please call the GSA ASSIST Service Desk at: Phone: (877) 472-4877, Monday - Friday (8AM - 8PM EST).

I have registered in GSA ASSIST. Registered Name and Email Address:

X_______________________________________

Signature Date https://assist.gsa.gov/public/login

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

MFG PN NIIN DESCRIPTION

CEC4-118, CEC4-118-0105, or CEC4-126 00-856-3311 Vibration Pickup (Alternate)

CEC4-123A Unknown Vibration Pickup

PDG-0328E 00-051-3539 Adapter, Removal and Installation

PDG-0332 00-051-3541 ADAPTER,RAIL

21C2714G002 00-979-4108 Adapter, Lube Tank Pressure

21C3829G03 or G04 01-016-4917 Kit, Engine Control

21C3866G01 Unknown Panel, Interconnecting

21C3868G01 Unknown Bracket, T5 Amplifier

21C3884G01 Unknown Plate, Blankoff, Compressor

21C3885G01 Unknown Adapter, Oil Pressure

21C3913G001 Unknown Valve, Check, OSG Bypass

21C3927G01 01-067-2724 Adapter, Fuel Manifold to M37 Test Stand

21C3958G01 01-220-3291 Adapter, Fuel Flow Measurement, MFP

21C906P011 Unknown Adapter, GDP Manifold

27615-19 Unknown Adapter, Engine Mount

280500 Unknown Rail, 30-Inch

3-76500-1 00-773-8591 TRAILER, HANDLING

3-76501-1 00-806-8225 ADAPTER-ENGINE

30A520 Unknown Adapter, Fuel Inlet

4022T79P02 01-038-8786 Element, Slave Filter

4359C19-30-S Unknown Clamp, Adapter Ring

21C3831P01 00-356-9423 HEATER PROBE,THERMOCOUPLE CALIBRATION

21C3831P02 00-356-9436 HEATER PROBE,THERMOCOUPLE CALIBRATION

H239-11 00-530-1668 CONTROLLER, EGT

21C3832G06 00-026-4354 Plotting System, Performance, Engine and Fuel Control

21C3875P01 00-063-2508 ADAPTER, CHECK CABLE

21C6079G01 00-006-5105 MANIFOLD,TEST-STATIC PRESSURE BELLMOUTH

21C6081G01 00-063-2303 ADAPTER-NFT2 TESTER

21C3886G01 00-510-8009 SET,SLAVE AMPLIFIER AND CABLE ASSEMBLY

21C3811G01 00-107-2109 Calibration Set, Nozzle Control Tester

210C730G01 00-133-4717 FIXTURE WELDING-STRAPS,DIFFUSER LINER

21C3215G01 00-433-4510 FIXTURE,LOCATING-IGNITER BOSS DIFFUSER

21C3889P01 01-008-3286 TEST SET, XY PLOTTER, A8 AND WF SIGNALS

21C3925P01 Unknown CABLE, ADAPTER, CALIBRATION

XL620 01-449-0523 VIDEOPROBE

21C2764P010 00-919-9420 CABLE ASSEMBLY, BRANCHED-TRIM

21C3954P01 Unknown TEST SET, FUEL SYSTEM

North American Industrial Classification Code System (NAICS) code: 336413, “Other Aircraft Parts and Auxiliary Equipment Manufacturing” having a small business size standard of 1,250 employees.

Product Service Code (PSC) 1680, “Miscellaneous Aircraft Accessories and Components”. The nonmanufacturer rule (NMR) is not applicable to this requirement.

SECTION D: PACKAGING AND MARKING

Delivery Terms: The Government is seeking FOB Destination. The Government is seeking delivery of the various peripheral support equipment within 365 days after receipt of order (ARO). Quoters are encouraged to provide their best delivery terms. The Contractor shall coordinate delivery of all items with the Client designated POC for consolidation, storage, and shipping. The Contractor shall notify the POC when equipment is shipped from either the Manufacturer’s facility or the Contractor’s facility. The Contractor is to notify the POC prior to special delivery if special material handling equipment (MHE) is required to offload the equipment once it arrives at their facility. The destination shipping address is listed as follows:

NAVAIR PMA-226

Building 155, Bay C

Marine Corps Air Station (MCAS) Cherry Point, NC 28533

POC(s): James Owens, james.t.owens.civ@us.navy.mil or 252-665-5071; Mark Thomas, mark.g.thomas.civ@us.navy.mil or 252-917-0088

Marking: Shipments to the Department of Defense (DoD) shall be marked in accordance with MIL-

STD-129.

Special Marking: In addition to markings required by MIL-STD-129, shipments shall be marked with the requisition number, part number, SUPPAD and item name (will be shown on individual orders).

Preparation for Delivery: The item(s) shall be packaged and packed to afford adequate protection against physical damage during shipment from the supplier to the first receiving activity. The pack shall comply with the rules and regulations applicable to the mode of transportation. The package shall be the same as that normally provided by the supplier.

Ready for Shipment: Whenever components are ready to ship, the following documentation shall be uploaded via the Collaboration tool in ASSIST:

- Shipper, shipment tracking number, estimated delivery date

- Purchase Invoice (.pdf)

- Packing List (.pdf)

SECTION E: INSPECTION AND ACCEPTANCE

52.246-2 INSPECTION OF SUPPLIES—FIXED-PRICE (AUG 1996)

(a) Definition. “Supplies,” as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

mailto:james.t.owens.civ@us.navy.mil mailto:mark.g.thomas.civ@us.navy.mil

(b) The Contractor shall provide and maintain an inspection system acceptable to the

Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the

Contractor shall prepare records evidencing all inspections made under the system and the outcome.

These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work.

The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of

Government inspections or tests made at other than the Contractor’s or subcontractor’s premises;

provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the

Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time—

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the

Contractor’s plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the

Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the

Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the

Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

(End of clause)

52.246-16 RESPONSIBILITY OF SUPPLIES (APR 1984)

(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies 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) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.

(c) Paragraph (b) of this clause shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) of this clause shall apply.

(d) Under paragraph (b) of this clause, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

(End of clause)

552.246-78 INSPECTION AT DESTINATION (JUL 2009)

Inspection of all purchases under this contract will be made at destination by an authorized

Government representative.

SECTION F: DELIVERIES OR PERFORMANCE

Delivery Terms: The Government is seeking delivery terms of 365 days after receipt of order

(ARO). Quoters are encouraged to provide their best delivery terms.

Shipping and Handling Terms: F.O.B. Destination – CONUS pricing. Inspection and acceptance will occur at Destination at the following delivery address below:

Mark For: James Owens, james.t.owens.civ@us.navy.mil or 252-665-5071;

Ship To Address: NAVAIR PMA-226

Building 155, Bay C

MCAS Cherry Point, NC 28533

All packages and shipments to the Department of Defense (DoD) shall be market in accordance with

MIL-STD-129R. Information regarding MIL-STD-129R can be found at https://vsc.gsa.gov/vsc/app-content-viewer/section/132#Strategic%20Partner%20Delivery%20(SPD)

52.247-34 F.O.B. DESTINATION (NOV 1991)

(a) The term “f.o.b. destination,” as used in this clause, means—

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the

Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier mailto:james.t.owens.civ@us.navy.mil https://vsc.gsa.gov/vsc/app-content-viewer/section/132#Strategic%20Partner%20Delivery%20(SPD) tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the

Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall—

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

SECTION G: CONTRACT ADMINISTRATION DATA

GSA will be responsible for contract administration, including payment and close-out.

The GSA administrative point of contact is:

GSA Contracting Officer:

APRIL MCNELLIE, Contracting Officer

GSA/FAS Southwest Supply Acquisition Center

819 Taylor Street

Fort Worth, TX 76102

Phone: 817-850-8192

Email: april.mcnellie@gsa.gov

SECTION H: SPECIAL CONTRACT REQUIREMENTS

Requirements for accessibility based on Section 508 of the Rehabilitation Act of 1973 (29 U.S.C.

794d) are determined to not apply to this procurement.

A Commercial Small Business Subcontracting Plan is NOT required for this procurement as this requirement is a total small business set-aside.

SECTION I: CONTRACT CLAUSES

mailto:april.mcnellie@gsa.gov

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov

CLAUSES INCORPORATED BY REFERENCE

52.202-1 DEFINITIONS (JUN 2020)

52.203-3 GRATUITIES (APR 1984)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(JUN 2020)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(NOV 2021)

52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT (OCT 1997)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

52.242-13 BANKRUPTCY (JUL 1995)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR

2012)

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP

2011)

252.203-7002 REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC

2022)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (JAN 2023)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (JAN 2023)

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)

252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (JAN 2023)

252.204-7024 NOTICE ON THE USE OF THE SUPPLIER PERFORMANCE RISK SYSTEM (MAR 2023)

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JAN 2023)

252.225-7009 RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY

METALS (JAN 2023)

252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

http://www.acquisition.gov/

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2022)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES (NOV

2023)

252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JAN 2023)

252.246-7008 SOURCES OF ELECTRONIC PARTS (JAN 2023)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (JAN 2023)

552.211-75 PRESERVATION, PACKAGING, AND PACKING (FEB 1996)

552.211-77 PACKING LIST (FEB 1996)

52.212-4 CONTRACT TERMS AND CONDITIONS— COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act

( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, 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. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, https://www.acquisition.gov/far/part-52#FAR_52_202_1 https://www.acquisition.gov/far/part-52#FAR_52_232_33

Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(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) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

(4) 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 which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) 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; and https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5

(D) Contractor point of contact.

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

Officer.

(6) 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 33.211 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 32.607-2).

(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 default termination.

(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;

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(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 prescribed in FAR 32.608-2 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 hereunder 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. 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.

https://www.acquisition.gov/far/part-32#FAR_32_608_2

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder 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) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with

31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work

Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

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

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

(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. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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(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:

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

XX (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).

XX (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (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 II).

XX (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—

Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

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__ (ii) Alternate I (DEC 2023) of 52.204–30.

XX (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 of HUBZone 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]

XX (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (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.

XX (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) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2023) of 52.219-9.

__ (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.

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

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