Contract - FA520526P0110.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30. 1. REQUISITION NUMBER

F3D3A26196A001

PAGE 1 OF

2. CONTRACT NUMBER

FA520526P0110

3. AWARD/EFFECTIVE DATE

30 Sep 2026

4. ORDER NUMBER 5. SOLICITATION NUMBER

FA520526Q00310002

6. SOLICITATION ISSUE DATE

07 Aug 2026

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Min Kang

b. TELEPHONE NUMBER (no collect calls) 3152260080

8. OFFER DUE DATE/

LOCAL TIME

22 Sep 2026

08:00 PM

9. ISSUED BY CODE: FA5205

FA5205 35 CONS PK

UNIT 5201, APO AP 96319-5201

APO, AP 96319-5201

UNITED STATES

Kade Forrester, Contracting Officer, Email: kade.forrester.1@us.af.mil Telephone:

3152268072 Min Kang, Contract Specialist, Email: min.kang.10@us.af.mil Telephone: 3152260080

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

SMALL BUSINESS WOMEN-OWNED SMALL

BUSINESS (WOSB)

NORTH AMERICAN

INDUSTRY

CLASSIFICATION

STANDARD (NAICS):

517112

HUBZONE SMALL

BUSINESS

ECONOMICALLY

DISADVANTAGED WOMEN-

OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

SERVICE-DISABLED

VETERAN-OWNED SMALL

BUSINESS (SDVOSB)

8(A)

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

Net Days 30

13a.THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM-DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

REQUEST FOR

QUOTE (RFQ)

INVITATION

FOR BID (IFB)

REQUEST FOR

PROPOSAL (RFP)

15. DELIVER TO CODE:

See Schedule

16. ADMINISTERED BY CODE: FA5205

FA5205 35 CONS PK SCD: PAS:

UNIT 5201, APO AP 96319-5201

APO, AP 96319-5201

UNITED STATES

17a. CONTRACTOR/

OFFERER

CODE 34RX9 FACILITY

CODE:

BOINGO WIRELESS, INC

10960 WILSHIRE BLVD FL 23

LOS ANGELES, CA 90024-3809

UNITED STATES

George Metalsky, Email: gmetalsky@boingo.com Telephone: 3104630642

TELEPHONE NUMBER

18a. PAYMENT WILL BE MADE BY CODE: F87700

ACCTG DISB STA NR 387700

27 ARKANSAS RD, DFAS DEAMS

LIMESTONE, ME 04751-6217

UNITED STATES

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 NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT

PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

See Section G - Contract Administration Data

26. TOTAL AWARD AMOUNT (For Government Use Only)

USD 371,160.00

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

52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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 COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER DATED . YOUR

OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: See Schedule

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

KADE N. FORRESTER

31c. DATE SIGNED 30 Sep 2026

COMPUTER GENERATED STANDARD FORM 1449 (REV. 11/2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

Solicitation/Contract Form Misawa AB Dormitory Wi-Fi

Installation of Wi-Fi across 11 dormitory buildings to include approximately 1,031 dormitory rooms and 26 common areas, along with additional option years.

FA520526P0110

Supplies or Services & Prices or Costs Additional Information/Notes

Item Supplies/Services Quantity Unit Unit Price Amount

Wi-Fi Installation

Period of Performance: 30 Sep 2026 - 29 Dec 2026

*All offerors must review and provide capabilities as outlined on PWS*

1 Job $0.00 $0.00

Per Contractor's price proposal as outlined in their response to our RFQ, CLIN 0001 will be fulfilled at a total price of $0.00.

Item Supplies / Services Quantity Unit Unit Price Amount

Wi-Fi Installation

Period of Performance:

30 Sep 2026 - 29 Dec 2026

*All offerors must review and provide capabilities as outlined on

PWS*

Product Type Code: DG10 Product Service Code: DG11 Pricing Arrangement: Firm Fixed Price

1 Job

Wi-Fi Service

Base Year:

1 January 2027 - 31 December 2027

*All offerors must review and provide capabilities as outlined on

PWS*

Product Type Code: DG10 Product Service Code: DG11 Pricing Arrangement: Firm Fixed Price

12 Months USD 30,930.00

Firm Price

USD 371,160.00

ACRN: AA

PR Number: F3D3A26196A001 PR Line Item Number: 0001

CIN: 00000000000013662086

Funded Amount

USD 371,160.00

Option Line Item 1001

Option Period 01 Option Period 01 Wi-Fi Service

Option Year 01:

1 January 2028 - 31 December 2028

*All offerors must review and provide capabilities as outlined on

PWS*

Product Service Code: DG11 Pricing Arrangement: Firm Fixed Price

12 Months USD 30,930.00

Firm Price

USD 371,160.00

Option Line Item 2001

Option Period 02 Option Period 02 Wi-Fi Service

Option Year 02:

1 January 2029 - 31 December 2029

*All offerors must review and provide capabilities as outlined on

PWS*

Product Service Code: DG11 Pricing Arrangement: Firm Fixed Price

12 Months USD 30,930.00

Firm Price

USD 371,160.00

Option Line Item 3001

Option Period 03 Option Period 03 Wi-Fi Service

Option Year 03:

1 January 2030 - 31 December 2030

*All offerors must review and provide capabilities as outlined on

PWS*

Product Service Code: DG11 Pricing Arrangement: Firm Fixed Price

12 Months USD 30,930.00

Firm Price

USD 371,160.00

Option Line Item 4001

Option Period 04 Option Period 04 Wi-Fi Service

Option Year 04:

1 January 2031 - 31 December 2031

*All offerors must review and provide capabilities as outlined on

PWS*

Product Service Code: DG11 Pricing Arrangement: Firm Fixed Price

12 Months USD 30,930.00

Firm Price

USD 371,160.00

Description/Specifications/Statement of Work

Requirements FY26 F18PG 374408 CES FM9 | Unaccompanied Housing Broadband Internet Access 28553F

Packaging and Marking

Inspection and Acceptance Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3D3A2 CountryCode: USA

F3D3A2 35 CES CER RESOURCES FLT

AF NO MILSBILLS PROC CP, UNIT 5022 BLDG 1080

APO, AP 96319-5022

UNITED STATES

MSgt Giordano, Jeremy Email: jeremy.giordano@us.af.mil Telephone: 3152264000

Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3D3A2 CountryCode: USA

F3D3A2 35 CES CER RESOURCES FLT

AF NO MILSBILLS PROC CP, UNIT 5022 BLDG 1080

APO, AP 96319-5022

UNITED STATES

MSgt Giordano, Jeremy Email: jeremy.giordano@us.af.mil

Option Line Item 1001

Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3D3A2 CountryCode: USA

F3D3A2 35 CES CER RESOURCES FLT

AF NO MILSBILLS PROC CP, UNIT 5022 BLDG 1080

APO, AP 96319-5022

UNITED STATES

MSgt Giordano, Jeremy Email: jeremy.giordano@us.af.mil

Option Line Item 2001

Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3D3A2 CountryCode: USA

F3D3A2 35 CES CER RESOURCES FLT

AF NO MILSBILLS PROC CP, UNIT 5022 BLDG 1080

APO, AP 96319-5022

UNITED STATES

MSgt Giordano, Jeremy

Email: jeremy.giordano@us.af.mil

Option Line Item 3001

Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3D3A2 CountryCode: USA

F3D3A2 35 CES CER RESOURCES FLT

AF NO MILSBILLS PROC CP, UNIT 5022 BLDG 1080

APO, AP 96319-5022

UNITED STATES

MSgt Giordano, Jeremy Email: jeremy.giordano@us.af.mil

Option Line Item 4001

Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3D3A2 CountryCode: USA

F3D3A2 35 CES CER RESOURCES FLT

AF NO MILSBILLS PROC CP, UNIT 5022 BLDG 1080

APO, AP 96319-5022

UNITED STATES

MSgt Giordano, Jeremy Email: jeremy.giordano@us.af.mil Telephone: 3152264000

Deliveries or Performance

Line Item Delivery Schedule Quantity Address and POC

Delivery On Or Before Delivery Date 29 Dec 2026

1 Job Place of Performance DoDAAC: F3D3A2 CountryCode: USA

F3D3A2 35 CES CER RESOURCES FLT

AF NO MILSBILLS PROC CP, UNIT 5022 BLDG 1080

APO, AP 96319-5022

UNITED STATES

MSgt Giordano, Jeremy Email: jeremy.giordano@us.af.mil Telephone: 3152264000

Period of Performance From 30 Sep 2026 To 29 Dec 2026

12 Months Place of Performance DoDAAC: F3D3A2 CountryCode: USA

F3D3A2 35 CES CER RESOURCES FLT

AF NO MILSBILLS PROC CP, UNIT 5022 BLDG 1080

APO, AP 96319-5022

UNITED STATES

MSgt Giordano, Jeremy Email: jeremy.giordano@us.af.mil Telephone: 3152264000

Period of Performance From 01 Jan 2027 To 31 Dec 2027

Option Line Item 1001

12 Months Place of Performance DoDAAC: F3D3A2 CountryCode: USA

F3D3A2 35 CES CER RESOURCES FLT

AF NO MILSBILLS PROC CP, UNIT 5022 BLDG 1080

APO, AP 96319-5022

UNITED STATES

MSgt Giordano, Jeremy Email: jeremy.giordano@us.af.mil Telephone: 3152264000

Period of Performance From 01 Jan 2028 To 31 Dec 2028

Option Line Item 2001

12 Months Place of Performance DoDAAC: F3D3A2 CountryCode: USA

F3D3A2 35 CES CER RESOURCES FLT

AF NO MILSBILLS PROC CP, UNIT 5022 BLDG 1080

APO, AP 96319-5022

UNITED STATES

MSgt Giordano, Jeremy Email: jeremy.giordano@us.af.mil Telephone: 3152264000

Period of Performance From 01 Jan 2029

To 31 Dec 2029

Option Line Item 3001

12 Months Place of Performance DoDAAC: F3D3A2 CountryCode: USA

F3D3A2 35 CES CER RESOURCES FLT

AF NO MILSBILLS PROC CP, UNIT 5022 BLDG 1080

APO, AP 96319-5022

UNITED STATES

MSgt Giordano, Jeremy Email: jeremy.giordano@us.af.mil Telephone: 3152264000

Period of Performance From 01 Jan 2030 To 31 Dec 2030

Option Line Item 4001

12 Months Place of Performance DoDAAC: F3D3A2 CountryCode: USA

F3D3A2 35 CES CER RESOURCES FLT

AF NO MILSBILLS PROC CP, UNIT 5022 BLDG 1080

APO, AP 96319-5022

UNITED STATES

MSgt Giordano, Jeremy Email: jeremy.giordano@us.af.mil Telephone: 3152264000

Period of Performance From 01 Jan 2031 To 31 Dec 2031

Contract Administration Data

ACRN LOA Total Amount

AA

^^^057^2026^2026^^3400^000^^254^D^011Z^^^^^^57008711^387700^18PG^374408^^WN^25422XM^^^

USD 371,160.00Line Item PR/MIPR - PR Line Item# CIN Amount

CLIN 0002 F3D3A26196A001 - 0001 00000000000013662086 USD 371,160.00

DFARS Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause-

"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) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

(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) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

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

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

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

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

(ii) For fixed price line items-

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

N/A

(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.

Invoice 2in1

(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 financing, submit a commercial financing request.

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

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

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC FA5205 Admin DoDAAC FA5205 Inspect By DoDAAC ____ Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) F3D3A2 Service Acceptor (DoDAAC) F3D3A2 Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____ (*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) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(g) WAWF point of contact.

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

35th Contracting Squadron Unit 5200, Bldg. 656 Misawa Air Base, Japan

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

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

(End of clause)

Special Contract Requirements H-1. Ombudsman A. An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

B. Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

C. If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, [AFICC/KH (Chief Enlisted Manager), 25 E Street, Suite C-320, JBPH-H, HI 96853-5427, Phone: (808) 447-6128, e-mail: afica.kh@us.af.mil]. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/FLDCOM/DRU ombudsman level, may be brought by the interested party for further consideration to the Department of the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330- 1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

D. The ombudsman has no authority to render a decision that binds the agency.

E. Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.

(End of H-1)

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-13 System for Award Management-Maintenance. (Deviation 2026-O0038) Feb 2026 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026-O0038) Feb 2026

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation 2026-O0038) Feb 2026 52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038) Feb 2026 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 52.233-3 Protest after Award. (Deviation 2026-O0038) Feb 2026 52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026-O0038) Feb 2026 52.240-91 Security Prohibitions and Exclusions. (Deviation 2026-O0038) Feb 2026 52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038) Apr 2026

DFARS Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. Jan 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Oct 2024 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023 252.225-7976 Contractor Personnel Performing in Japan (DEVIATION 2018-O0019) Aug 2018 Deviation 2018-O0019 Aug 2018 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian

Small Business Concerns.

Jan 2023

252.232-7010 Levies on Contract Payments. Dec 2006 252.233-7001 Choice of Law (Overseas). Jun 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.239-7002 Access. Dec 1991 252.239-7004 Orders for Facilities and Services. Sep 2019 252.239-7007 Cancellation or Termination of Orders. Sep 2019 252.246-7008 Sources of Electronic Parts. Jan 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024

FAR Clauses Incorporated by Full Text

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

Terms and Conditions-Commercial Products and Commercial Services (Feb 2026) (Deviation 2026-O0038)

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

(b) . The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the Inspection/Acceptance 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) . 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 Assignment 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 its rights to receive payment under this contract.e.g.,

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

(e) . 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 Disputes 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) . The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and Excusable delays 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) . The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or Patent indemnity 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) . Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.Items accepted

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

(3) . 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 Discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) . If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract Overpayments 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 ( , duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);e.g.

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

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

(D) Contractor point of contact; and

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

(5) .Interest

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

(j) . Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, Risk of loss 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) . The contract price includes all applicable Federal, State, and local taxes and duties.Taxes

(l) . The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of Termination for the Government's convenience 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) . 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 Termination for cause 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) . Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or Title where the Government takes physical possession.

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

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

(q) . The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to Compliance with laws unique to Government contracts 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) . Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:Order of precedence

(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) . This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified Comptroller General examination of record 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) . The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), Incorporation by reference are incorporated by reference into the contract.

(End of clause)

Addendum to FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services

FAR 52.212-4 is tailored as follows: (a)FAR 52.212-4, para. (k), "Taxes" is changed to read: "Exemption from Japanese customs duties and taxes. This contract shall be exempt from customs duties and taxes of Japan in accordance with article XI and XII of the status of Forces Agreement between Japan and the United States of America."

This is applicable to Japanese contractors only.

(End of Addendum)

52.217-8 Option to Extend Services. (Nov 1999)

Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within .6 months

(End of clause)

52.217-9 Option to Extend the Term of the Contract. (Mar 2000)

Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within ; provided that the Government gives the Contractor a 60 days preliminary written notice of its intent to extend at least before the contract expires. The preliminary notice does not commit the Government to an extension.60 days

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed .5 years

(End of clause)

List of Attachments

Number Attachment Name Attachment Description Reference Identifier Date Line Item

01 Performance Work Statement (PWS) Performance Work Statement 29 Sep

02 Floor Plans Drawings 29 Sep

03 Record Drawings Drawings 29 Sep

04 Contractor Proposal Proposal 30 Sep