Solicitation 70Z08526R3D007B00 Carver Pump Repair

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

2126406B4500AD007-0000

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

70Z08526R3D007B00

6. SOLICITATION

ISSUE DATE

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

Lavon Lewis

b. TELEPHONE NUMBER (no collect calls)

(206)-815-0601

8. OFFER DUE DATE/

LOCAL TIME

23 March/ 12:00PM

EST

9. ISSUED BY CODE 75174

USCG Surface Forces Logistics Center 2401 Hawkins Point Rd Baltimore, MD 21226

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: %FOR:

SMALL BUSINESS WOMEN-OWNED SMALL

BUSINESS (WOSB)

HUBZONE SMALL NAICS:

BUSINESS ECONOMICALLY DISADVANTAGED 811310

WOMEN-OWNED SMALL (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS 8(A) $12.5 Million

11. DELIVERY FOR FOB

DESTINATION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS (15

CFR 700)

13b.

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

See Attachment 1- Specification

16. ADMINISTERED BY CODE

USCG Surface Forces Logistics Center 2401 Hawkins Point Rd.

Baltimore, MD 21226

17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

DUNS No.

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE

USCG Finance Center 1430A Kristina Way Chesapeake, VA 23326

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 SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The Contractor shall provide Open Inspect-Repair services to USCG owned Carver Pumps and components in accordance with this solicitation and the Carver Pump Repair Statement of Work. The Carver Pump Repair Schedule of Supplies is provided as a separate document.

This Requirements Contract shall be in effect for five (5) One (1)- Year Ordering Periods

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 & 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN 1COPIES 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 HEREIN.

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

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

30b. NAME AND TITLE OF SIGNER

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

Standard Form (SF1449) Rev. 11/2021

FAR (48CFR) 53.212

CONTINUATION OF SF 1449 – BLOCKS 17a – 25

Block 17a: Offeror shall include company’s name, address, and unique entity identifier number.

Block 17b: REMITTANCE ADDRESS: Payment will be made to the Financial Institution listed in System for Award Management (SAM). To receive award Offeror must be registered in SAM (copy and paste www.sam.gov into search engine).

Block 19 through 24: SEE ATTACHMENT 2, Carver Pump Repair Schedule of Supplies

Block 25: ACCOUNTING AND APPROPRIATION DATA: To be included on contract award document.

ALL OFFERORS ARE RESPONSIBLE FOR VERIFYING THE RECEIPT OF THEIR

PROPOSALS.

Contents

Section A- SF 1449 Solicitation/Contract/Order for Commercial Items

Section B- Supplies or Services and Prices/Costs

Section C- Descriptions/Specifications/Work Statement

Section D- Packaging and Marking

Section E- Inspection and Acceptance Terms

Section F- Delivery or Performance

Section G- Contract Administration Data

Section H- Special Contract Requirements

Section I- Contract Clauses

Section J- List of Documents, Exhibits, and other Attachments

Section K- Representations, Certifications, and Other Statements of Offerors

Section L- Instructions, Conditions, and Notices to Offerors

Section M- Evaluation Factors for Award

Section A- SF1449 Solicitation/Contract/Order for Commercial Items (continuation)

This is a solicitation for commercial products or commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) part 12. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued.

Solicitation Number 70Z08526R3D007B00 is issued as a request for proposal (RFP) for an Open Inspect-Repair service acquisition requirement supporting the United States Coast Guard owned Carver Pump units and components.

This acquisition is not set-aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

Incorporated provisions and clauses are in effect through:

Federal Acquisition Circular 2025-06, effective 01 October 2025

Department of Homeland Security Acquisition Regulation (HSAR), effective 26 December 2024

Homeland Security Acquisition Manual (HSAM) 2026-02, effective 28 November 2025

To receive an award, the Contractor must be registered in the System for Award Management (SAM) at www.sam.gov.

The Government contemplates award of a Requirements contract resulting from this solicitation, with firm fixed-price task orders, on the basis of other than full and open competition with authorized Carver Pump distributor, K&M Industrial, LLC.

K&M Industrial, LLC.

80 Delta Ave.

Gladstone, MI 49837

No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation either before or after the opening/closing date.

All brand-name assemblies (parts and components) provided must support the various USCG-owned Carver Pump units that are currently installed on the WMSL cutter fleet, including any spare parts (that are installed). These parts will support the recurring maintenance requirements for the various Carver Pump units that are currently installed on the USCG WMSL cutter fleet.

The full list of parts comprising the scope of this requirement is contained within the Attachment 1 – “Repair Specification Carver Self-Priming Centrifugal Pumps” and Attachment 2 - "Carver Pump Repair Schedule of Supplies.”

NOTE: NO SUBSTITUTE OR ALTERNATE PARTS WILL BE CONSIDERED. NO

DRAWINGS, SPECIFICATIONS OR SCHEMATICS ARE AVAILABLE FROM THIS

AGENCY. Reference Section 3.1 – General of Attachment 1 – Repair Specification Carver Self- Priming Centrifugal Pumps.

(End of Section A)

Section B- Supplies or Services and Prices/Costs

See Attachment 2- Carver Pump Repair Schedule of Supplies for detailed schedule of supplies. The Contractor’s price is required for every item listed in the schedule of supplies.

The Proposal should include any quantity discounts offered by the offeror. All line items must be priced to be considered for award. **NOTE** Unit Pricing must be provided for every CLIN in every Ordering Period regardless of the estimated quantity. Estimated quantities are provided in this Solicitation to establish pricing only. The USCG has authority to order any CLIN at any time over the life of the contract.

(End of Section B)

Section C- Description/Specification/Work Statement

See Attachment 1- Repair Specification Carver Self-Priming Centrifugal Pumps.

(End of Section C)

Section D- Packaging and Marking

See Section 5.0 Preservation, Packing, & Marking of Attachment 1- Repair Specification Carver Self-Priming Centrifugal Pumps.

(End of Section D)

Section E- Inspection and Acceptance Terms

See Section 3.0 Requirements of Attachment 1- Repair Specification Carver Self-Priming Centrifugal Pumps.

(End of Section E)

Section F- Delivery or Performance

The place of performance for this requirement is Gladstone, Michigan 49837 while testing and repairs are underway. Once repaired, the Contractor shall ship the repaired pumps/pump units in accordance with Section 6 “Shipping” of Attachment 1- Repair Specification Carver Self- Priming Centrifugal Pumps to:

U.S. Coast Guard Surface Forces Logistics Center 2401 Hawkins Point RD, Bldg. 88 Baltimore, MD 21226

**All deliveries are to be made Monday through Friday between the hours of 7:00 A.M.

and 1:00 P.M., EST. **

This Requirements type contract will be in effect from the date of award until five (5) years thereafter. The period of performance for the contract will consist of five (5), one (1) year ordering periods. The anticipated ordering periods are:

Ordering Period 1 April 21, 2026 – April 20, 2027 Ordering Period 2 April 21, 2027 – April 20, 2028 Ordering Period 3 April 21, 2028 – April 20, 2029 Ordering Period 4 April 21, 2029 – April 20, 2030 Ordering Period 5 April 21, 2030 – April 20, 2031

Clause Incorporated by Reference

Article Number Reference Text 52.247-34 F.O.B. Destination (Nov 1991)

(End of Section F)

Section G- Contract Administration Data

Contract Administration USCG SFLC CPD2, 2401 Hawkins Point Rd., Baltimore, MD 21226-5000 will perform all contract administration.

Communications pertaining to contractual administrative matters shall be addressed to the Contracting Officer (KO) or Contract Specialist (KS) listed below. Changes in, or deviations from, the specification or terms and conditions of the contract shall not be changed without written modification to the contract as executed by a USCG SFLC CPD Contracting Officer.

Contract Administrators - See Section I FAR 52.212-4 Terms and Conditions—Commercial Products and Commercial Services, applies to this acquisition and included in the following Addenda.

Contract Administrators

Contracting Officer: Ms. Kiya Plummer-Dantzler, Kiya.R.Plummer-Dantzler@uscg.mil

CONTRACTING OFFICER’S AUTHORITY

No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority, and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

Contract Specialist: Ms. Lavon Lewis, Lavon.M.Lewis@uscg.mil

COR: TBD

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

A Government employee designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for services/items within the scope of the contract. The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the name of the COR and the authorities and limitations of the COR under the contract. This person does not have a warrant that provides the authority to contractually commit and/or obligate the Government or to modify any terms and conditions of a contract.

(End of Contract Administrators)

Contract Clause

52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEPT 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract. OPAP@uscg.mil and the Contracting Officer at

Kiya.R.Plummer-Dantzler@uscg.mil

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the

Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of Clause)

(End of Section G)

Section H- Special Contract Requirements

ADDENDUM TO FAR 52.212-4 TERMS AND CONDITIONS – COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (AUG 2025) (DEVIATION 25-21, REV 1 – effective NOV 28, 2025) Paragraph (g) is added as follows:

INVOICING REQUIREMENTS

a) WHEN TO SUBMIT: The contractor must first:

-Receive a fully-executed purchase order, contract, delivery order or task (call order) order -Provide the requirements -Have ACTIVE status in the System for Award Management (SAM) at https://www.sam.gov

INVOICE SUBMISSION PROCESS:

(a) A request for payment is proper if it includes the items required by the clause at FAR 52.232- 25, Prompt Payment [(a)(3)(i) through (a)(3)(ix)] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and shall be returned to the contractor with a statement of the reason(s) it is not proper. All invoices shall be itemized to correlate to the Schedule of Supplies/Services.

(b) Each invoice shall at a minimum contain the following information:

(1) Invoice Date

(2) Invoice Number

(3) Contract and Delivery/Task Order Number

(4) Contractor’s Name

(5) Contractor’s Address

(6) Contractor’s Unique Entity Identifier (UEI)

(7) Contracting Officer’s Name

(8) Contracting Officer’s Representative’s (COR’s) Name

(9) Invoice Routing Code (IRC) assigned by the Coast Guard as follows: SFLC-2

(10) Period of Performance for Work Invoiced (if applicable)

(11) Contract Line Item Number(s) (CLIN(s)) and Description

(12) The overall dollar amount previously billed, currently billed and unbilled per CLIN(s);

(13) Invoice Total

(14) For Travel: Components in accordance with FAR 31.205-46

(15) Discount Offerings

(16) Status as a Small Business (if applicable) for accelerated payment

(17) The last invoice submitted for this award shall be clearly labeled with “THIS INVOICE

CONSTITUTES THE FINAL INVOICE – UPON PAYMENT OF THIS INVOICE NO OTHER

MONIES ARE DUE UNDER CONTRACT NUMBER and TASK ORDER NUMBER” (to be assigned upon contract and task order award).

Electronic Submission of Payment Requests (NESSS Awards)

(a) Definitions. As used in these instructions –

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.

(b) The contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). The contractor will submit payment requests using the blank form in IPP.

(c) Information regarding IPP, including IPP Customer Support contact information, is available at https://www.ipp.gov or any successor site.

(d) IPP enrollment information is at https://www.uscg.mil/fincen/IPP/

UEI number is the primary identifier in System for Award Management (SAM), formally known as Central Contractor Registration (CCR), (see FAR 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2018)). Contractors are located and identified in SAM by their UEI number. Therefore, to facilitate payment, the UEI number shall be recorded on every invoice submitted to the U.S. Coast Guard.

All payments for partial performance rendered by the Government under this contract are based on the assumption that the Contractor will, in good faith, execute and honor all payment terms entered into between it, the Prime Contractor, and any subcontractor thereof in the performance of this contract. The Contractor hereby acknowledges the Government’s right to reduce or suspend progress payments based on non-payment in accordance with any payment terms of the subcontract agreement.

Any amount deemed not payable will be deducted from the Contractor’s invoice. Deducted amounts may be resubmitted on the next invoice for reconsideration.

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN

IMPROPER INVOICE

For use in the event your firm receives a contract as a result of this Solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer any questions regarding the invoice.

NAME:______________________________________________________

TITLE: ______________________________________________________

TELEPHONE: ________________________________________________

EMAIL: _____________________________________________________

CONTRACTOR PERFORMANCE ASSESSMENT EVALUATION (CPAR)

(a) GENERAL: The SFLC will monitor and evaluate the successful offeror’s performance under this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

(b) NOTIFICATION: Upon completion of the contract, the Contractor will be notified of the assessment. The Contractor will be allowed 30 days to respond to the SLFC’s assessment of its performance entered into CPARS. The Contractor’s response, if any, will be made part of the CPAR system at https://www.cpars.gov/index.htm.

(c) INFORMATION: Information included in the CPAR may include, but is not limited to, the Contractor’s record of conforming to contract requirements and to standards of good workmanship; the Contractor’s record of forecasting and controlling costs; the Contractor’s adherence to contract schedules, including the administrative aspects of performance; the Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the Contractor’s record of integrity and business ethics, and generally, the Contractor’s business-like concern for the interest of the customer.

(d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the Contractor.

(End of Special Contract Requirements) (End of Section H)

Section I- Contract Clauses

Clauses incorporated by reference

Article Number Reference Text 52.202-1 Definitions (Jun 2020) 52.203-3 Gratuities (Apr 1984) 52.203-6 with Alt I Restrictions on Subcontractor Sales to the Government (June 2020) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

(Jun 2020) 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) 52.203-16 Preventing Personal Conflicts of Interest (Jun 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (Jan 2017) 52.204-13 System for Award Management – Maintenance (Aug 2025)

(DEVIATION 25-19, Rev1) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Aug 2025) (DEVIATION 25-19, Rev1)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) (DEVIATION 25-19, Rev1)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, or Voluntarily Excluded (Nov 2025) (DEVIATION 25-27)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Nov 2025) (DEVIATION 25-27)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2025) (DEVIATION 25-27)

52.219-8 Utilization of Small Business Concerns (Oct 2025) (DEVIATION 26-03, Rev1)

52.219-9 Small Business Subcontracting Plan (Oct 2025) (DEVIATION 26- 03, Rev1)

52.219-16 Liquidated Damages-Subcontracting Plan (Oct 2025) (DEVIATION 26-03, Rev1)

52.219-28 Postaward Small Business Program Representation 52.222-3 Convict Labor (Oct 2025) (DEVIATION 26-10) 52.222-35 Equal Opportunity for Veterans (Oct 2025) (DEVIATION 26-10) 52.222-36 Equal Opportunity for Workers with Disabilities (Oct 2025)

(DEVIATION 26-10)

52.222-37 Employment Reports on Veterans (Oct 2025) (DEVIATION 26-10) 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act (Oct 2025) (DEVIATION 26-10) 52.222-41 Service Contract Labor Standards (Oct 2025) (DEVIATION 26-10) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

(DEVIATION 26-10)

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-

Price Adjustment (Multiple Year and Option Contracts) (Oct 2025)

(DEVIATION 26-10)

52.222-50 Combating Trafficking in Persons (Oct 2025) (DEVIATION 26-10) 52.222-55 Minimum Wages for Contractor Workers Under Executive Order

14026 (Oct 2023) (DEVIATION 24-02) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Oct 2025)

(DEVIATION 26-10)

52.223-23 Sustainable Products and Services (Oct 2025) (DEVIATION 26-12, Rev1) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While

Driving (May 2024) 52.232-33 Payment by Electronic Funds Transfer—System for Award

Management (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Mar 2023) 52.233-1 Disputes (Aug 2025) (DEVIATION 25-25) 52.233-3 Protest After Award (Aug 2025) (DEVIATION 25-25)

52.233-4 Applicable Law for Breach of Contract Claim (Aug 2025)

(DEVIATION 25-25)

52.243-1 with Alt I Changes – Fixed-Price (Jun 2025) (DEVIATION 25-09) 52.245-1 with Alt I Government Property (Sep 2021)

Department of Homeland Security Acquisition Regulation (HSAR) clauses incorporated by reference

Article Number Reference Text 3052.203-70 Instructions for Contractor Disclosure of Violations (Sep 2012) 3052.205-70 Advertisements, Publicizing Awards, and Release (Sep 2012)

(DEVIATION 25-10, Rev1) 3052.222-90 Local Hire (USCG) (Jun 2006) 3052.242-72 Contracting Officer’s Technical Representative (Dec 2003) 3052.249-90 Contract Termination (USCG) (Mar 2023)

Clauses incorporated by full text

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

(End of clause)

52.252-6 Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Homeland Security Acquisition Regulation (48 CFR Chapter 30) clause with an authorized deviation is indicated by the addition of

"(DEVIATION)" after the name of the regulation.

(End of clause)

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Aug 2025) (DEVIATION 25-21)

(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 which 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; and (D) Contractor point of contact.

(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 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 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 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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 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 (s)(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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

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

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(u) 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.

(End of Clause)

52.216-18 Ordering (Oct 2025) (DEVIATION 26-04, Rev1)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from April 21, 2026 through April 20, 2031.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Order Limitations (Oct 2025) (DEVIATION 26-04, Rev1)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00, the Government is not obligated to purchase, nor is the

Contractor obligated to furnish those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $600,000.00;

(2) Any order for a combination of items in excess of $2,268,630.23; or

(3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within one (1) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216-21 Requirements (OCT 2025) (DEVIATION 26-04) (effective November 3, 2025)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after April 21, 2031.

(End of Clause)

52.240-91 Security Prohibitions and Exclusions (AUG 2025) (DEVIATION 25-23)

(a) Definitions. As used in this clause—

American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the

System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118- 31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

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

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

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

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

(i) Of that equipment; or

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

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

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

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance…