ILS Checkpoint Draft RFP amendment 3 clean.docx

Transportation Security Administration

Checkpoint Maintenance RFP

70T04024R7672N001 Transportation Security Administration Passenger Screening Program

Table of Contents

B.4.1 TSA-RQMTS: Contractor Personnel Access to TSA Facilities, Information and/or Systems (Sep 2020)…72

PART A– SCHEDULE OF SUPPLIES/SERVICES

(CONTINUATION OF SF 1449, BLOCK 20)

At this time, there are no funds for the solicitation requirement and the contract will be awarded only if funds become available. TSA anticipates (but does not guarantee) that it will receive funding for this requirement prior to award.

A.1 General Description The Contractor shall provide the Integrated Logistics Support (ILS) services as described in Part C, Performance Work Statement (PWS), in accordance with the pricing set forth in Part A, Schedule of Supplies/Services.

A.2 Contract Pricing This contract utilizes Firm Fixed Price (FFP) and Time and Materials (T&M) Contract Line Item Numbers (CLINs). In accordance with the CLIN Numbering Structure in Section A.2.1, Pricing Schedule and CLINs, CLINs shall be used for development of invoices in accordance with Section B.3.4.4, Development of Invoices. Sustainment services subCLINs shall be based on firm fixed pricing (at the unit level, by day), Program Support CLINs shall be fixed price, and Provisional Items shall be priced in accordance with Sections A.2.2, Firm Fixed Price (FFP) CLINs – per unit; A.2.3, Firm Fixed Price (FFP) CLINs; and A.2.4 Provisional Items CLINs, as applicable.

A.2.1 Pricing Schedule and CLINs A.2.1.1 Base Period (Transition In) The base period is comprised of the Transition In Period and pricing shall include all costs required to ensure a smooth transfer of operations at midnight, EST, on TBD. The transition in period does not include Preventive Maintenance (PM), Corrective Maintenance (CM), Radiation Surveys (RS), or any parts or consumables associated with those maintenance actions.

BASE PERIOD

A.2.1.2 Option Periods 1 Through 8 There are seven (7) one-year Option Periods and one (1) six-month Option Period.

The Pricing Schedule quantities represent estimated quantity counts for each Period. Payment will be based on actual quantities deployed and operated in the field. All Transportation Security Equipment (TSE) maintenance shall be conducted by Original Equipment Manufacturer (OEM) certified technicians using OEM Master Configuration Item List (MCIL) repair parts.

Provisional CLINs for Ancillary Logistics Services (X003AA), Catastrophic Response and Additional Support (X003AB), ThermoFisher Chemical Analysis Device (CAD) Repairs (X003AC), Preventive Maintenance Consumables (X003AD), and Supplemental Support (X003AE) are based on Not-To-Exceed (NTE) amounts set by TSA for each Option Period.

OPTION PERIOD 1

# of Days Daily Fixed Unit Price Extended Price (Annual) (Note 2)

Subtotal CLIN 1001

# of Months

Subtotal CLIN 1002

$1,000,000.00

$1,500,000.00

$1,000,000.00

$15,000,000.00

$1,000,000.00

Subtotal CLIN 1003

Total Option Period 1

OPTION PERIOD 2

# of Days Daily Fixed Unit Price Extended Price (Annual) (Note 2)

Subtotal CLIN 2001

# of Months

Subtotal CLIN 2002

$1,000,000.00

$1,500,000.00

$1,000,000.00

$15,000,000.00

$1,000,000.00

Subtotal CLIN 2003

Total Option Period 2

OPTION PERIOD 3

# of Days Daily Fixed Unit Price Extended Price (Annual) (Note 2)

Subtotal CLIN 3001

# of Months

Subtotal CLIN 3002

$1,000,000.00

$1,500,000.00

$1,000,000.00

$15,000,000.00

$1,000,000.00

Subtotal CLIN 3003

Total Option Period 3

OPTION PERIOD 4

# of Days Daily Fixed Unit Price Extended Price (Annual) (Note 2)

Subtotal CLIN 4001

# of Months

Subtotal CLIN 4002

$1,000,000.00

$1,500,000.00

$1,000,000.00

$15,000,000.00

$1,000,000.00

Subtotal CLIN 4003

Total Option Period 4

OPTION PERIOD 5

# of Days Daily Fixed Unit Price Extended Price (Annual) (Note 2)

Subtotal CLIN 5001

# of Months

Subtotal CLIN 5002

$1,000,000.00

$1,500,000.00

$1,000,000.00

$15,000,000.00

$1,000,000.00

Subtotal CLIN 5003

Total Option Period 5

OPTION PERIOD 6

# of Days Daily Fixed Unit Price Extended Price (Annual) (Note 2)

Subtotal CLIN 6001

# of Months

Subtotal CLIN 6002

$1,000,000.00

$1,500,000.00

$1,000,000.00

$15,000,000.00

$1,000,000.00

Subtotal CLIN 6003

Total Option Period 6

OPTION PERIOD 7

# of Days Daily Fixed Unit Price Extended Price (Annual) (Note 2)

Subtotal CLIN 7001

# of Months

Subtotal CLIN 7002

$1,000,000.00

$1,500,000.00

$1,000,000.00

$15,000,000.00

$1,000,000.00

Subtotal CLIN 7003

Total Option Period 7

OPTION PERIOD 8

# of Days Daily Fixed Unit Price Extended Price (Annual) (Note 2)

Subtotal CLIN 8001

# of Months

Subtotal CLIN 8002

$500,000.00

$750,000.00

$500,000.00

$7,500,000.00

$500,000.00

Subtotal CLIN 8003

Total Option Period 8

TOTAL CONTRACT VALUE

Note 1. Quantities listed for CLINs X001 represent estimated quantity counts for the Option Period. Payment will be based on actual quantities deployed and operated in the field in accordance with Section B.3.4.4, Development of Invoices.

Note 2. The Extended Price (Annual) is calculated by multiplying the unit quantity by the daily unit price by the number of days in each option period.

A.2.2 Firm Fixed Price (FFP) CLINs – by unit

A.2.2.1 Sustainment of TSE (CLIN X001)

The Contractor shall provide the labor, materials and support equipment to provide sustainment of TSE (and associated peripheral equipment, such as monitors, ASL servers and switches) in accordance with the requirements set forth in this Part. All maintenance, repair and other related actions to sustain TSE shall be included in the fixed unit pricing established in Section A.2.1, Pricing Schedule and CLINs. It is the Government’s intent that the daily rate of fixed unit pricing proposed by the Contractor for TSE Sustainment Services include all estimated costs for preventive and corrective maintenance as defined in Section C.8.1, Preventive Maintenance (PM); Section C.8.2, Radiation Surveys (RS); and Section C.8.3, Corrective Maintenance (CM), during the period of performance identified.

TSE at the TSA Logistics Center (TSALC) is excluded from Sustainment of TSE CLIN X001.

There are predictable National Security Special Events (NSSE) designated by the Secretary of Homeland Security that shall be considered within the scope of this contract and covered within CLIN X001. Examples include, but are not limited to, Presidential inaugurations, major international summits held in the United States, major sporting events, and Presidential nominating conventions. These events cause a temporary period of significantly increased passenger enplanements at affected locations, provide unique security challenges, and are highly visible to the nation’s leadership and members of the press. It is incumbent upon the Contractor to provide enhanced maintenance support during these periods, and the Contractor shall ensure that sufficient staffing and parts support are available and in place to support these events. The Contractor shall coordinate with local TSA, the Contracting Officer’s Representative (COR), and the Contracting Officer (CO) to establish and implement enhanced support for these locations for any event officially deemed an NSSE by the Federal Government. Support plans shall be prepared and submitted in accordance with Contract Data Requirements List (CDRL) A027, Holiday and NSSE Support Plans.

Firm fixed pricing, by unit, for sustainment of TSE shall not include requirements as defined in Section C.8.4, Catastrophic Response and Additional Support. The sustainment services fixed unit price CLIN structure is designed to provide flexibility to the Government in order to accommodate differing quantity amounts throughout the life of the contract. Unit pricing for CLIN X001 only applies to deployed, in-service TSE, as defined in Section C.8.8, Deployed Equipment, that are not covered under the manufacturer’s warranty and unit quantity totals may fluctuate in any given month. The TSA continues to evaluate the use of all TSE deployed in the field and reserves the right to move, remove, or add any technology/model of equipment to any federal airport or TSA designated facility required to meet TSA’s constantly evolving screening objectives and policies. For example, older models of technology may be gradually reduced or completely removed as newer versions of the same technology are acquired and deployed. This is just one example of how the quantity of a particular technology may fluctuate with the evolving security needs of TSA and the individual airports. The Government reserves the right to modify or discontinue the phase-out process as it deems necessary in such instances. Accordingly, the Contractor shall provide fixed unit prices for the TSE identified in Section A.2.1, Pricing Schedule and CLINs, accounting for this dynamic and shall invoice using the procedures set for in Section B.3.4.4, Development of Invoices.

Further, TSA reserves the right to modify the contract to include provisions for new equipment and future technologies not listed in Section A.2.1, Pricing Schedule and CLINs, as they are deployed.

A.2.2.2 Preventative Maintenance (PM) Consumables (CLIN X003AD) The following fixed unit prices shall apply when ordering PM consumables, in accordance with Section C.8.6.2, Preventive Maintenance (PM) Consumables. The CO will notify the Contractor in writing of additional consumables required to support newly fielded technologies, and negotiated prices will be implemented via a modification. The Contractor shall notify the CO and COR of any changes to Part Numbers by the Original Equipment Manufacturer (OEM) or other approved sources.

AT, AT-CT and ASL bins are not considered maintenance consumables and therefore are not included in the scope of this contract.

Smiths Detection 500DT ETD

N/A

DVP1883

N/A

SD3203

N/A

Smiths Detection Responder BLS

Leidos SES QS B220

N/A

ST1267

N/A

IS1000

N/A

SWB-220

N/A

CT1272

N/A

IS1272-25

N/A

N/A

BSC1310

N/A

IS1329

N/A

MSC-220

N/A

BSC1329

N/A

IS0023

N/A

MSC-220-4

N/A

BSC1340

N/A

IS0023-3

N/A

MSC-220-12

N/A

BSA1030

N/A

VSA/N

N/A

BSB1035

N/A

VSB/P

Dual Mode Verification Traps (25ct)

N/A

VT1272

N/A

ISV1482-25

N/A

Dual Mode Verification Traps (100ct)

N/A

VT1273

N/A

ISV1482-100

N/A

Verification Pen, Sample A-Neg (1 ea)

N/A

N/A

ISV0156P

N/A

Verification Pen, Sample A-Pos (1 ea)

N/A

N/A

ISV1326P

N/A

A.2.3 Monthly Firm Fixed Price (FFP) CLINs A.2.3.1 Sustainment Support Program Management (CLIN X002AA) CLIN X002AA shall include all program management related costs required to perform the requirements in Section C.7, Sustainment Support Program Management, including submission of CDRLs as required in Section C.3, Document Submission and Compliance. This CLIN shall also include costs for other sustainment support requirements, such as management of the maintenance consumables ordering system set forth in Section C.8.6.2, Preventive Maintenance (PM) Consumables.

A.2.3.2 TSA Service Response Center (TSRC) Operations (CLIN X002AB) CLIN X002AB shall include all costs to support TSRC operations as defined in Section C.8.12, TSA Service Response Center.

A.2.4 Provisional Items CLINs A.2.4.1 Ancillary Logistics Service (CLIN X003AA) The Government is establishing a provisional CLIN for logistics related ancillary services that may be utilized on an as-needed basis via modification to this contract. The Contractor shall provide labor in accordance with the fully burdened Fixed Labor Rates established in Section A.2.5, Labor Categories for Services, on a FFP basis, which shall be specified by the Contracting Officer as set forth in Section B.3.4.8, Ordering – Provisioned. The Contractor shall utilize the unit pricing established in Section A.2.2.2, Preventive Maintenance (PM) Consumables Pricing, to the maximum extent practical, as appropriate.

A.2.4.2 Catastrophic Response and Additional Support (CLIN X003AB) The Government is establishing a provisional CLIN in the event TSA requires the Contractor to respond to events outside the scope of CLIN X001, Sustainment of TSE. The scope of this CLIN is limited to catastrophic events such as acts of nature (e.g., earthquake, hurricane, or flood damage), criminal actions (e.g., terrorist attacks), and facility mishaps (e.g., water pipe breakage damage or facility fires). The purpose of this CLIN is to allow the Government to quickly respond to emergency situations and events where requirements could not be reasonably planned for but services are required immediately.

To ensure the rapid response required in these situations, the Contractor shall provide a written Rough Order of Magnitude (ROM) estimate within 24 hours of being notified of the requirement by the CO. The Government may authorize work to begin while the ROM is being generated or as prices are being negotiated.

The Contractor shall provide labor in accordance with the fully burdened Fixed Labor Rates established in Section A.2.5, Labor Categories for Services, and utilize the unit pricing established in Section A.2.2.2, Preventive Maintenance (PM) Consumables Pricing, to the maximum extent practical. The Contractor will be reimbursed for all allowable, allocable and reasonable costs for Materials and Travel in accordance with FAR 31.2, Contracts with Commercial Organizations, and the Federal Travel Regulation (FTR). No profit or fee will be paid on costs for Materials and Travel.

A.2.4.3 Thermo Fisher CAD Repairs (CLIN X003AC) Currently TSA owns 255 FirstDefender™ RM Chemical Analysis Device (CAD) systems manufactured by Thermo Scientific™ that require depot level repairs. Maintenance actions, will be tracked in the maintenance database, and will take place at the OEM’s facility or depot. The Contractor shall be responsible for meeting the tracking and shipping requirements of B.3.3, Packaging and Marking Requirements for Transportation Security Screening Equipment Under Production and/or Existing Maintenance Services, including the completion of DD1149 forms. Due to the nature of this TSE, instead of a daily FFP price, under this TSE, Invoicing shall be based on the actual quantity of repairs performed as well as on each CAD unit’s library being updated, utilizing the pricing in the table below (Thermo Fisher CAD Repairs) in accordance with B.3.4.4, Development of Invoices. Low Level Metrics and Service Level Agreements (SLAs) are not tracked for the ThermoFisher units and there are no performance metrics or disincentives for this CLIN.

A.2.4.3.1 CAD Library Updates

Updates to ThermoFisher CADs require Secure Digital(SD) cards containing the latest library update to be sent to the locations/airports with ThermoFisher devices. Local TSA will replace the SD cards in the devices. SD card specifications must meet ThermoFisher requirements for CAD compatibility.

The Contractor shall download the ThermoFisher updated software library, expected annually, to SD cards and ship one SD card with updates to airport POCs as identified by TSA. The Contractor shall ship SD cards via traceable means.

Thermo Fisher CAD Repairs (CLIN X0003AC)

820-00199-01, Repair, FirstDefender RM, Bottom Housing & Battery Bracket

820-00202-01, Repair, FirstDefender RM, Labor Only

820-00198-01, Repair, FirstDefender RM, Main Board

820-00197-01, Repair, FirstDefender RM, Optical Engine

820-00201-01, Repair, FirstDefender RM, Other

820-00200-01, Repair, FirstDefender RM, Top Housing & Key Pad Assembly

820-00067-01, Repair, FirstDefender Media, Corruption

447-13271-01REVA1, Silicone Boot

820-00237-RM, Software Update/ Base

SD Card download/distribution

A.2.4.4 Supplemental Support (CLIN X003AE) There may be infrequent, unpredictable events that require additional support but are not officially deemed as NSSE. The Contractor shall ensure that sufficient surge capacity to provide labor and material in support of these events is available. Although it is incumbent upon the Contractor to meet the Service Level Agreements at affected airports in accordance with the base contract at all times, in these instances additional support may be procured on a Firm Fixed Price basis by the TSA via modification. The hourly rate proposed by the Contractor in these cases shall be fully burdened and include materials and travel costs in accordance with FAR 31.2, Contracts with Commercial Organizations and the FTR.

A.2.5 Labor Categories for Services (CLINs X003AA and X003AB) The Contractor shall, when so ordered by the Government via modification, provide the necessary management, labor, facilities, materials and supplies to perform the tasks for CLINs X003AA and X003AB. Each modification will be issued pursuant to and within the scope of Section C, Performance Work Statement. As needed by the Government, the Contractor shall provide these CLINs on an FFP or T&M basis, both only utilizing the labor categories and fully burdened labor rates established below in the contract.

The following labor rates are fully burdened with Overhead, General and Administrative Costs, Profit/Fee and any appropriate Escalation charges. These rates shall apply for all the option periods as shown below.

The Government reserves the right to add additional labor categories as necessary and to issue modifications under CLINs X003AA and X003AB. The final CLIN type will be specified in each individual modification (see Section B.3.4.8, Ordering – Provisioned, for ordering procedures).

A.2.6 Disincentives The Reliability, Maintainability, and Availability (RMA) performance of TSE is critical to TSA. Therefore, performance disincentives will be imposed to ensure that the Contractor meets the SLA set forth in Section C.8.10, CLS Service Level Agreement (SLA) Performance Requirements. TSA will calculate RMA data as applicable in accordance with Attachment D-3, Reliability, Maintainability, and Availability Terms and Definitions; D-3a, Data Dictionary; and Attachment D-7, Service Level Agreement Performance Metrics. Attachment D-3 provides common metrics across all maintenance contracts and D-3a is a reference dictionary providing descriptions for terms used in D-3. Attachment D-7 provides specific direction for this contract, and if the attachments appear to conflict, Attachment D-7 takes precedence. Any disincentives will be applied to invoices in accordance with Section B.3.4.4, Development of Invoices.

A.2.6.1 Operational Availability (Ao) Disincentives For any TSE deployed by TSA to airports (e.g., ETDs, AT X-Ray, AT X-Ray with ASL, etc.) for which the Ao does not meet the Section C.8.10, CLS Service Level Agreement (SLA) Performance Requirements, the invoice amount for] such TSE shall be decremented by 10 percent for the applicable month.

A.2.6.2 Preventive Maintenance Disincentive For each applicable TSE for which the Preventive Maintenance is not performed within the requirements of Section C.8.1.2.2, PM Periodicity Requirements, the Contractor shall decrement the individual TSE’s invoice amount by 10 percent beginning in the month missed, in accordance with Section B.3.4.6, Preventive Maintenance Disincentive.

A.3 Period of Performance The total period of performance of the effort required by this contract shall be eight years; one (1) six-month base period, seven (7) one-year option periods, and one (1) six-month option period from the date of award as described below. The base period shall include the transition-in period for this contract.

A.4 Place of Performance The Places of Performance include the locations of deployed TSE identified in Attachment D-1.

(End of Part A)

PART B – CONTRACT CLAUSES

B.1 FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

B.1.1 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): https://www.acquisition.gov/far/

B.1.2 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.

(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, 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

(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;

(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.