COMET_Model Contract_FA860421RB024.pdf

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Attached to
RFP for COMET IDIQ follow on (formerly N-ITSS) Federal contract opportunity
Solicitation number
FA8604-21-R-B024
Issued by
Department of the Air Force Materiel Command Lifecycle Management Center Wright Patterson Air Force Base

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Questions Answers_COMET_RFP Vol 1 Rev1.pdf PDF
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Questions Answers_COMET_RFP Vol 2.pdf PDF
COMET_IDIQ PWS Updated.zip ZIP file
Questions and Answers_COMET_RFP Vol 1.pdf PDF
COMET_Section L V3.docx DOCX document
COMET_Section L - Attachments.zip ZIP file
COMET_Section M V2.docx DOCX document
COMET_PWS BASIC-TOs.zip ZIP file
COMET_Section L V2.docx DOCX document
COMET_PWS BASIC-TOs_Rev1.zip ZIP file
COMET_ORDERS and TASKING PROCEDURES.docx DOCX document
COMET_DD254s.zip ZIP file
COMET_CDRLs.zip ZIP file
COMET_Section M.docx DOCX document
COMET_QASP TO 0001-0005.zip ZIP file
COMET_Section L - Attachments.zip ZIP file
COMET_PWS BASIC-TOs.zip ZIP file
COMET_Section L.docx DOCX document
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SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 7900)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

FA860421RB024

Section A - Solicitation/Contract Form

Defense Priorities Allocation System (DPAS) Priority Rating: DO-C9

Section B - Supplies or Services and Prices/Cost

Additional Information/Notes

CLIN 0001 - LABOR

1. Non-personal services to perform tasks associated with the NASIC Communications and Enterprise IT Support Services (COMET) in accordance with the Performance Work Statement (PWS) "COMET IDIQ PWS."

Reference Section J, Attachment 1, and individual task orders.

2. The contractor shall perform services in accordance with the basic ID/IQ Performance Work Statement (PWS) entitled "COMET IDIQ PWS." Reference Section J, Attachment 1 and the specific PWS associated to each Task Order.

3. Contract ordering period will be for five (5) years from the effective date. Performance period will be specified in individual task order(s).

CLIN 0002 - TRAVEL

1. All travel must be in direct support of this effort and in accordance with the Joint Travel Regulations (JTR).

2. Travel shall be reimbursed in accordance with FAR 31.205-46, "Travel Costs."

3. All travel shall be approved by the Program Manager prior to commencement of travel.

4. Profit shall not be paid on travel costs.

5. Contract ordering period will be for five (5) years from the effective date. Performance period will be specified in individual task order(s).

CLIN 0003 - EQUIPMENT AND MATERIAL

1. a. Non-labor costs associated with the performance of CLIN 0001. (e.g. equipment and materials, conference attendance, equipment transportation, etc.)

b. All ODCs must be in direct support of this effort.

c. Purchases greater than $10,000.00 must be approved by the Contracting Officer prior to acquisition.

d. Profit shall not be paid on purchases made under this CLIN.

2. The Contractor shall obtain a minimum of three (3) commercial prices on subject equipment or supplies and recommend the lower of the prices or provide rationale for other than lowest price, with said prices to be furnished to the Contracting Officer for Government determination to purchase the equipment or supplies.

3. Contract ordering period will be for five (5) years from the effective date. Performance period will be specified in individual task order(s).

CLIN 0004 - EMERGECNY SUPPORT

1. The contractor shall perform services in accordance with paragraph (NEED PARAGRAPH # HERE), "Emergency Support CLIN," of the PWS entitled "COMET IDIQ PWS." Reference Section J, Attachment 1.

2. Contract ordering period will be for five (5) years from the effective date. Performance period will be specified in individual task order(s).

CLIN 0005 - DATA

1. Data shall be delivered in accordance with Section J, Exhibit A, DD Form 1423, "Contract Data Requirements List (CDRL)." The required CDRL deliverables and associated DID are located in section 8 of each PWS.

2. This CLIN is NOT SEPARATELY PRICED. The cost for data is included in CLIN 0001, Labor.

OPTION CLIN 1001 - LABOR

1. This CLIN may be exercised in accordance with FAR 52.217-09, Option to Extend the Term of the Contract.

2. Non-personal services to perform tasks associated with the NASIC Communications and Enterprise IT Support Services (COMET) in accordance with the Performance Work Statement (PWS) "COMET IDIQ PWS."

Reference Section J, Attachment 1, and individual task orders.

3. The contractor shall perform services in accordance with the basic ID/IQ Performance Work Statement (PWS) entitled "COMET IDIQ PWS." Reference Section J, Attachment 1 and the specific PWS associated to each Task Order.

4. Contract ordering period will be for five (5) years from the effective date. Performance period will be specified in individual task order(s).

OPTION CLIN 1002 - TRAVEL

1. This CLIN may be exercised in accordance with FAR 52.217-09, Option to Extend the Term of the Contract.

2. All travel must be in direct support of this effort and in accordance with the Joint Travel Regulations (JTR).

3. Travel shall be reimbursed in accordance with FAR 31.205-46, "Travel Costs."

4. All travel shall be approved by the Program Manager prior to commencement of travel.

5. Profit shall not be paid on travel costs.

6. Contract ordering period will be for five (5) years from the effective date. Performance period will be specified in individual task order(s).

OPTION CLIN 1003 - EQUIPMENT AND MATERIAL

1. This CLIN may be exercised in accordance with FAR 52.217-09, Option to Extend the Term of the Contract.

2. a. Non-labor costs associated with the performance of CLIN 0001. (e.g. equipment and materials, conference attendance, equipment transportation, etc.)

b. All ODCs must be in direct support of this effort.

c. Purchases greater than $10,000.00 must be approved by the Contracting Officer prior to acquisition.

d. Profit shall not be paid on purchases made under this CLIN.

3. The Contractor shall obtain a minimum of three (3) commercial prices on subject equipment or supplies and recommend the lower of the prices or provide rationale for other than lowest price, with said prices to be furnished to the Contracting Officer for Government determination to purchase the equipment or supplies.

4. Contract ordering period will be for five (5) years from the effective date. Performance period will be specified in individual task order(s).

OPTION CLIN 1004 - EMERGECNY SUPPORT

1. This CLIN may be exercised in accordance with FAR 52.217-09, Option to Extend the Term of the Contract.

2. The contractor shall perform services in accordance with paragraph (NEED PARAGRAPH # HERE), "Emergency Support CLIN," of the PWS entitled "COMET IDIQ PWS." Reference Section J, Attachment 1.

3. Contract ordering period will be for five (5) years from the effective date. Performance period will be specified in individual task order(s).

OPTION CLIN 1005 - DATA

1. This CLIN may be exercised in accordance with FAR 52.217-09, Option to Extend the Term of the Contract.

2. Data shall be delivered in accordance with Section J, Exhibit A, DD Form 1423, "Contract Data Requirements List (CDRL)." The required CDRL deliverables and associated DID are located in section 8 of each PWS.

3. This CLIN is NOT SEPARATELY PRICED. The cost for data is included in CLIN 1001, Labor.

Item Supplies/Service Quantity Unit Unit Price Amount

0001 LABOR

Firm Fixed Price

0002 TRAVEL

Time and Materials

EQUIPMENT AND MATERIAL

Authorized Parts List Number: 1 Time and Materials

0004 EMERGENCY SUPPORT

Time and Materials

DATA

Authorized Parts List Number: 1 Firm Fixed Price

Option Line Item

LABOR

Firm Fixed Price

Option Line Item

TRAVEL

Time and Materials

Option Line Item

EQUIPMENT AND MATERIAL

Authorized Parts List Number: 1 Time and Materials

Option Line Item

EMERGENCY SUPPORT

Time and Materials

Option Line Item

DATA

Authorized Parts List Number: 1 Firm Fixed Price

Section C - Description/Specifications/Statement of Work

Requirements Communications and Enterprise IT (COMET) Support Services for NASIC

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-3 Inspection of Supplies-Cost-Reimbursement. 2001-05 52.246-4 Inspection of Services-Fixed-Price. 1996-08

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. 2012-04

Section F - Deliveries or Performance

Delivery Schedule Ship To Address

Place of Performance DoDAAC: F4FTAK Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F4FTAK NASIC SC

AF NO MILSBILLS PROC CP 9372575930

4180 WATSON WAY

WRIGHT PATTERSON AFB, OH 45433 5653

UNITED STATES

OfficeCode:

Brandon Schroll Email: brandon.schroll@us.af.mil Telephone: 937-656-1534

Period of Performance From

12 AUG 2022

To

11 AUG 2027

Delivery Schedule Ship To Address

Place of Performance DoDAAC: F4FTAK Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F4FTAK NASIC SC

AF NO MILSBILLS PROC CP 9372575930

4180 WATSON WAY

WRIGHT PATTERSON AFB, OH 45433 5653

UNITED STATES

OfficeCode:

Brandon Schroll Email: brandon.schroll@us.af.mil Telephone: 937-656-1534

Period of Performance From

12 AUG 2022

To

11 AUG 2027

Delivery Schedule Ship To Address

Delivery Period

12 AUG 2022

11 AUG 2027

Place of Performance DoDAAC: F4FTAK Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F4FTAK NASIC SC

AF NO MILSBILLS PROC CP 9372575930

4180 WATSON WAY

WRIGHT PATTERSON AFB, OH 45433 5653

UNITED STATES

OfficeCode:

Brandon Schroll Email: brandon.schroll@us.af.mil Telephone: 937-656-1534

Delivery Schedule Ship To Address

Place of Performance DoDAAC: F4FTAK Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F4FTAK NASIC SC

AF NO MILSBILLS PROC CP 9372575930

4180 WATSON WAY

WRIGHT PATTERSON AFB, OH 45433 5653

UNITED STATES

OfficeCode:

Brandon Schroll Email: brandon.schroll@us.af.mil Telephone: 937-656-1534

Period of Performance From

12 AUG 2022

To

11 AUG 2027

Delivery Schedule Ship To Address

Place of Performance DoDAAC: F4FTAK Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F4FTAK NASIC SC

AF NO MILSBILLS PROC CP 9372575930

4180 WATSON WAY

WRIGHT PATTERSON AFB, OH 45433 5653

UNITED STATES

OfficeCode:

Brandon Schroll Email: brandon.schroll@us.af.mil Telephone: 937-656-1534

Period of Performance From

12 AUG 2022

To

11 AUG 2027

Option Line Item 1001 Delivery Schedule Ship To Address

Place of Performance DoDAAC: F4FTAK Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F4FTAK NASIC SC

AF NO MILSBILLS PROC CP 9372575930

4180 WATSON WAY

WRIGHT PATTERSON AFB, OH 45433 5653

UNITED STATES

OfficeCode:

Brandon Schroll Email: brandon.schroll@us.af.mil Telephone: 937-656-1534

Period of Performance From

12 AUG 2027

To

11 AUG 2032

Option Line Item 1002 Delivery Schedule Ship To Address

Place of Performance DoDAAC: F4FTAK Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F4FTAK NASIC SC

AF NO MILSBILLS PROC CP 9372575930

4180 WATSON WAY

WRIGHT PATTERSON AFB, OH 45433 5653

UNITED STATES

OfficeCode:

Brandon Schroll Email: brandon.schroll@us.af.mil Telephone: 937-656-1534

Period of Performance From

12 AUG 2027

To

11 AUG 2032

Option Line Item 1003 Delivery Schedule Ship To Address

Delivery Period

12 AUG 2027

11 AUG 2032

Place of Performance DoDAAC: F4FTAK Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F4FTAK NASIC SC

AF NO MILSBILLS PROC CP 9372575930

4180 WATSON WAY

WRIGHT PATTERSON AFB, OH 45433 5653

UNITED STATES

OfficeCode:

Brandon Schroll Email: brandon.schroll@us.af.mil Telephone: 937-656-1534

Option Line Item 1004 Delivery Schedule Ship To Address

Place of Performance DoDAAC: F4FTAK Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F4FTAK NASIC SC

AF NO MILSBILLS PROC CP 9372575930

4180 WATSON WAY

WRIGHT PATTERSON AFB, OH 45433 5653

UNITED STATES

OfficeCode:

Brandon Schroll Email: brandon.schroll@us.af.mil Telephone: 937-656-1534

Period of Performance From

12 AUG 2027

To

11 AUG 2032

Option Line Item 1005 Delivery Schedule Ship To Address

Place of Performance DoDAAC: F4FTAK Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F4FTAK NASIC SC

AF NO MILSBILLS PROC CP 9372575930

4180 WATSON WAY

WRIGHT PATTERSON AFB, OH 45433 5653

UNITED STATES

OfficeCode:

Brandon Schroll Email: brandon.schroll@us.af.mil Telephone: 937-656-1534

Period of Performance From

12 AUG 2027

To

11 AUG 2032

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.242-15 Stop-Work Order. 1989-08 52.247-34 F.o.b. Destination. 1991-11

DFARS Clauses Incorporated by Full Text

252.247-7023 Transportation of Supplies by Sea. 2019-02

Basic. As prescribed in 247.574(b) and (b)(1), use the following clause:

TRANSPORTATION OF SUPPLIES BY SEA-BASIC (FEB 2019)

(a) As used in this clause- Definitions.

"Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.

"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if-

(i) This contract is a construction contract; or

(ii) The supplies being transported are-

(A) Noncommercial items; or

(B) Commercial items that-

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.

S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that-

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum-

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief-

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

ITEM DESCRIPTION CONTRACT LINE ITEMS

QUANTITY

TOTAL ____ ____ ____

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall-

(1) Notify the Contracting Officer of that fact; and

(2) Comply with all the terms and conditions of this clause.

(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(End of clause)

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative. 1991-12 252.204-7002 Payment for Contract Line or Subline Items Not Separately Priced. 2020-04 252.204-7006 Billing Instructions. 2005-10 252.231-7000 Supplemental Cost Principles 1991-12 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.

in WAWF for this contract or task or delivery order:

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

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

TBD at Contract Award

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

TBD at Contract Award

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

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

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

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

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

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

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.

WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC TBD at Contract Award

Issue By DoDAAC TBD at Contract Award

Admin DoDAAC TBD at Contract Award

Inspect By DoDAAC TBD at Contract Award

Ship To Code TBD at Contract Award

Ship From Code TBD at Contract Award

Mark For Code TBD at Contract Award

Service Approver (DoDAAC) TBD at Contract Award

Service Acceptor (DoDAAC) TBD at Contract Award

Accept at Other DoDAAC TBD at Contract Award

LPO DoDAAC TBD at Contract Award

DCAA Auditor DoDAAC TBD at Contract Award

Other DoDAAC(s) TBD at Contract Award

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

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

TBD at Contract Award

(Contracting Officer: Insert applicable information or "Not applicable.")

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

(End of clause)

252.232-7007 Limitation of Government's Obligation. 2014-04

As prescribed in 232.705-70, use the following clause:

LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) is/are incrementally funded. For this/these item(s), the sum of $ [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule [Contracting Officer insert after negotiations] is set forth in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C.

1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $ ____

(month) (day), (year) $ ____

(month) (day), (year) $ ____

(month) (day), (year) $ ____

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. 2020-06 52.203-3 Gratuities. 1984-04 52.203-13 Contractor Code of Business Ethics and Conduct. 2020-06

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009.

2010-06

52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 52.204-12 Unique Entity Identifier Maintenance. 2016-10 52.204-13 System for Award Management Maintenance. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.211-15 Defense Priority and Allocation Requirements. 2008-04 52.215-8 Order of Precedence-Uniform Contract Format. 1997-10

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications.

2020-06

52.215-23 Limitations on Pass-Through Charges. 2020-06 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. 2020-03 52.222-1 Notice to the Government of Labor Disputes. 1997-02 52.222-3 Convict Labor. 2003-06 52.222-19 Child Labor-Cooperation with Authorities and Remedies. 2020-01 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment. 2020-06 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-37 Employment Reports on Veterans. 2020-06 52.222-50 Combating Trafficking in Persons. 2020-10

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements.

2014-05

52.223-13 Acquisition of EPEAT®-Registered Imaging Equipment. 2014-06 52.223-14 Acquisition of EPEAT#-Registered Televisions. 2014-06 52.223-14 Alternate I Acquisition of EPEAT#-Registered Televisions. - (Alternate I) 2014-06 52.223-15 Energy Efficiency in Energy-Consuming Products. 2020-05 52.223-16 Acquisition of EPEAT#-Registered Personal Computer Products. 2015-10 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2020-06 52.224-1 Privacy Act Notification. 1984-04 52.224-2 Privacy Act. 1984-04 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act. 2021-01 52.225-5 Trade Agreements. 2019-10 52.225-13 Restrictions on Certain Foreign Purchases. 2021-02 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.228-7 Insurance-Liability to Third Persons. 1996-03 52.232-17 Interest. 2014-05 52.232-18 Availability of Funds. 1984-04 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05 52.233-1 Alternate I Disputes. - (Alternate I) 2014-05 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 52.242-1 Notice of Intent to Disallow Costs. 1984-04 52.243-1 Changes-Fixed-Price. 1987-08 52.243-1 Alternate II Changes-Fixed-Price. - (Alternate II) 1987-08 52.243-2 Changes-Cost-Reimbursement. 1987-08 52.245-1 Government Property. 2017-01 52.245-9 Use and Charges. 2012-04 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). 1984-04 52.249-6 Termination (Cost-Reimbursement). 2004-05 52.249-14 Excusable Delays. 1984-04 52.253-1 Computer Generated Forms. 1991-01

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7000 Disclosure of Information. 2016-10 252.204-7003 Control of Government Personnel Work Product. 1992-04

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

2016-10

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors.

2016-05

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. 2020-11 252.211-7007 Reporting of Government-Furnished Property. 2012-08

252.216-7009 Allowability of Legal Costs Incurred in Connection With a Whistleblower Proceeding.

2013-09

252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7008 Restriction on Acquisition of Specialty Metals. 2013-03 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 252.225-7048 Export-Controlled Items. 2013-06 252.232-7010 Levies on Contract Payments. 2006-12 252.232-7011 Payments in Support of Emergencies and Contingency Operations. 2013-05 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.239-7001 Information Assurance Contractor Training and Certification. 2008-01 252.239-7010 Cloud Computing Services. 2016-10 252.239-7016 Telecommunications Security Equipment, Devices, Techniques, and Services. 1991-12 252.239-7018 Supply Chain Risk. 2019-02 252.242-7006 Accounting System Administration. 2012-02 252.243-7001 Pricing of Contract Modifications. 1991-12 252.244-7000 Subcontracts for Commercial Items. 2020-10 252.245-7002 Reporting Loss of Government Property 2021-01 252.245-7003 Contractor Property Management System Administration 2012-04 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. 2010-10 252.251-7000 Ordering From Government Supply Sources. 2012-08

FAR Clauses Incorporated by Full Text

52.204-2 Security Requirements. 2021-03

As prescribed in , insert the following clause:4.404(a)

SECURITY REQUIREMENTS (MAR 2021)

This clause applies to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret."(a)

The Contractor shall comply with-(b)

The Security Agreement DD Form441), including the and(1) National Industrial Security Program Operating Manual (32 CFR part 117);

Any revisions to that manual, notice of which has been furnished to the Contractor.(2)

If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the (c) Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding (d) any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

(End of clause)

52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10

As prescribed in , insert the following clause:12.301(b)(3)

CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018)

. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The (a) Inspection/Acceptance 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-

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

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

. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a (b) Assignment 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 ( use of the Governmentwide commercial purchase card), the Contractor may not assign e.g., its rights to receive payment under this contract.

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

. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on (d) Disputes 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 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.

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

. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable (f) Excusable delays 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.

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

Name and address of the Contractor;(i)

Invoice date and number;(ii)

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

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

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

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

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

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

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

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

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

If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor (B) shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause ( 52.232-33, e.g., 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.

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

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

. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, (h) Patent indemnity 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.

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

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

. If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.(3) Electronic Funds Transfer (EFT)

. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the (4) Discount 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.

. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has (5) Overpayments otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

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

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

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

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

Contractor point of contact.(D)

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

. (6) Interest All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the (i) 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.

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

. The Contracting Officer will issue a final decision as required by 33.211 if-(iii) Final decisions

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

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

The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).(C)

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

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

The date fixed under this contract.(A)

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

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

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

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

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

The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition (vii) Regulation in effect on the date of this contract.

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

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

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

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

. The Government reserves the right to terminate this contract, or any part hereof, for its sole (l) Termination for the Government's…

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