Solicitation Amendment FA810523RB0040001.pdf

R

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBE

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

1.

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

The purpose of this amendment is to post questions and government answers (Q&A) Block 14 (Description of Amendment/Modification):

submitted after posting of the CCR RFP. As a result of the Q&A, minor changes to the CCR Pricing Matrix (see Summary of Changes Tab) and information added to Fill-In sections of specific clauses within the Solicitation were completed. Clause 52.216-16 Subcontractor Certified Cost or Pricing Data-Modifications has been added to the solicitation. Clauses 52.246-17 Warranty of Supplies of Noncomplex Nature, 52.247-1 Commercial Bill of Lading Notations, and 252.217-7027 Contract Definitization have been removed from the solicitation. The amended documents have been uploaded and attached to this posting. The changes and clarifications are considered minor and will not result in an extension of the required proposal submittal date.

Section B - Supplies or Services & Prices or Costs

Miscellaneous text in this section has been modified to:

Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. 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 closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

ORDERING PERIOD FOR CONTRACT:

*See Pricing Matrix - In the event of any discrepancies, Pricing Matrix takes precedence*

The contract shall have one year Basic and eight one-year Option ordering periods. Each contract year is individually priced.

The ordering period shall begin on the contract effective date.

SPECIAL NOTE:

The CCR requirement is a major modification to the KC-135 Refueling Tanker. The KC-135 Refueling Tanker/Aircraft is designed for military application and listed in Category VIII - Aircraft and Related Articles of Title 22 CFR Part 121. Strict adherence to Title 22 CFR Part 121 - The United States Munitions List applies to this acquisition; Authority: 22 U.S.C. 2752, 2778, 2797; 22 U.S.C. 2651a; Sec.

1514, Pub. L. 105-261, 112 Stat. 2175; E.O. 13637, 78 FR 16129, 3 CFR, 2013 Comp., p. 223. Source:58 FR 39287, July 22, 1993, unless otherwise noted. Title 22 CFR Part 121 - The United States Munitions List can be viewed online at: https://www.ecfr.gov/current/title-22/chapter-I/subchapter-M/part-121

2. Offeror's shall have an adequate accounting system.

The following CLIN(s) / SLIN(s) / ELIN(s) were modified:

INFORMATION FROM TO

Description

BASIC YEAR 1: (NO PRICING)

Production B-KITS

IAW SOW 4.6

BASIC YEAR 1:

Production B-

KITS

IAW SOW 4.6

FA810523RB0040001

https://www.ecfr.gov/current/title-22/chapter-I/subchapter-M/part-121

Section E - Inspection and Acceptance

The inspection and acceptance locations for the following CLIN(s) / SLIN(s) / ELIN(s) were added:

Option Line Item 2034 Inspection and Acceptance Location - FA8105 - FA8105 AFLCMC WKK

INFORMATION VALUE

Action Both Location Source

Acceptance Location

FA8105

FA8105 AFLCMC WKK

CP 405 736 4908, 3001 STAFF DR STE 2AI 85A

TINKER AFB, OK 73145-3303

UNITED STATES

Instructions Erica Shotnokoff, erica.shotnokoff.3@us.af.mil; Alternate POC: Jacqueline Burns, jacqueline.burns.5@us.af.mil POC Name Erica Shotnokoff POC Email erica.shotnokoff.3@us.af.mil POC Telephone 256-285-0095

Option Line Item 2035 Inspection and Acceptance Location - FA8105 - FA8105 AFLCMC WKK

INFORMATION VALUE

Action Both Location Source

Acceptance Location

FA8105

FA8105 AFLCMC WKK

CP 405 736 4908, 3001 STAFF DR STE 2AI 85A

TINKER AFB, OK 73145-3303

UNITED STATES

Instructions Erica Shotnokoff, erica.shotnokoff.3@us.af.mil; Alternate POC: Jacqueline Burns, jacqueline.burns.5@us.af.mil POC Name Erica Shotnokoff POC Email erica.shotnokoff.3@us.af.mil POC Telephone 256-285-0095

Option Line Item 2036 Inspection and Acceptance Location - FA8105 - FA8105 AFLCMC WKK

INFORMATION VALUE

Action Both Location Source

Acceptance Location

FA8105

FA8105 AFLCMC WKK

CP 405 736 4908, 3001 STAFF DR STE 2AI 85A

TINKER AFB, OK 73145-3303

UNITED STATES

Instructions Erica Shotnokoff, erica.shotnokoff.3@us.af.mil; Alternate POC: Jacqueline Burns, jacqueline.burns.5@us.af.mil POC Name Erica Shotnokoff POC Email erica.shotnokoff.3@us.af.mil POC Telephone 256-285-0095

Option Line Item 2037 Inspection and Acceptance Location - FA8105 - FA8105 AFLCMC WKK

INFORMATION VALUE

Action Both Location Destination

FA8105

FA8105 AFLCMC WKK

FA810523RB0040001

Acceptance Location CP 405 736 4908, 3001 STAFF DR STE 2AI 85A

TINKER AFB, OK 73145-3303

UNITED STATES

Instructions Erica Shotnokoff, erica.shotnokoff.3@us.af.mil; Alternate POC: Jacqueline Burns, jacqueline.burns.5@us.af.mil POC Name Erica Shotnokoff POC Email erica.shotnokoff.3@us.af.mil POC Telephone 256-285-0095

The following clauses were modified:

52.246-11 - Higher-Level Contract Quality Requirement. Dec 2014 hereby reads as follows:

As prescribed in , insert the following clause:46.311

Higher-Level Contract Quality Requirement (Dec 2014)

The Contractor shall comply with the higher-level quality standard(s) listed below.(a)

_ISO 9001: 2000 ISO 9001: 2015 AS 9100 NATO AQAP 2070 or equivalent_

The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the (b) requirement to flow down such standards, as applicable, to lower-tier subcontracts, in-

Any subcontract for critical and complex items (see 46.203(b) and (c)); or(1)

When the technical requirements of a subcontract require-(2)

Control of such things as design, work operations, in-process control, testing, and inspection; or(i)

Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.(ii)

(End of clause)

Section F - Deliveries or Performance

The following clauses were modified:

52.247-62 - Specific Quantities Unknown. Apr 1984 hereby reads as follows:

As prescribed in , insert the following clause in solicitations and contracts when total requirements and destinations to which 47.305-16(d)(2) shipments will be made are known, but the specific quantity to be shipped to each destination cannot be predetermined. This clause protects the interests of both the Government and the contractor during the course of the performance of the contract., insert the following clause in solicitations and contracts when total requirements and destinations to which shipments will be made are known, but the specific quantity to be shipped to each destination cannot be predetermined. This clause protects the interests of both the Government and the contractor during the course of the performance of the contract.

Specific Quantities Unknown (Apr 1984)

For the purpose of evaluating "f.o.b. destination" offers, the Government estimates that the quantity specified will be shipped to the destinations (a) indicated:

Estimated Quantity Destination(s)

TBD at time of award TBD at time of award

TBD at time of award TBD at time of award

If the quantity shipped to each destination varies from the quantity estimated, and if the variation results in a change in the transportation costs, (b) appropriate adjustment shall be- made.

(End of clause)

Section H - Special Contract Requirements

Additional Information/Notes

The following clauses were modified:

252.217-7001 - Surge Option. Dec 2018 hereby reads as follows:

As prescribed in 217.208-70(b), use the following clause:

SURGE OPTION (DEC 2018)

(a) The Government has the option to- General.

(1) Increase the quantity of supplies or services called for under this contract by no more than percent or ; and/or ____ 100 per year

(2) Accelerate the rate of delivery called for under this contract, at a price or cost established before contract award or to be established by negotiation as provided in this clause.

(b) Schedule.

(1) When the Capabilities Analysis Plan (CAP) is included in the contract, the option delivery schedule shall be the production rate provided with the Plan. If the Plan was negotiated before contract award, then the negotiated schedule shall be used.

(2) If there is no CAP in the contract, the Contractor shall, within 30 days from the date of award, furnish the Contracting Officer a delivery schedule showing the maximum sustainable rate of delivery for items in this contract. This delivery schedule shall provide acceleration by month up to the maximum sustainable rate of delivery achievable within the Contractor's existing facilities, equipment, and subcontracting structure.

(3) The Contractor shall not revise the option delivery schedule without approval from the Contracting Officer.

(c) Exercise of option.

(1) The Contracting Officer may exercise this option at any time before acceptance by the Government of the final scheduled delivery.

(2) The Contracting Officer will provide a preliminary oral or written notice to the Contractor stating the quantities to be added or accelerated under the terms of this clause, followed by a contract modification incorporating the transmitted information and instructions. The notice and modification will establish a not-to-exceed price equal to the highest contract unit price or cost of the added or accelerated items as of the date of the notice.

(3) The Contractor will not be required to deliver at a rate greater than the maximum sustainable delivery rate under paragraph (b)(2) of this clause, nor will the exercise of this option extend delivery more than 24 months beyond the scheduled final delivery.

(d) Price negotiation.

(1) Unless the option cost or price was previously agreed upon, the Contractor shall, within 30 days from the date of option exercise, submit to the Contracting Officer a cost or price proposal (including a cost breakdown) for the added or accelerated items.

(2) Failure to agree on a cost or price in negotiations resulting from the exercise of this option shall constitute a dispute concerning a question of fact within the meaning of the Disputes clause of this contract. However, nothing in this clause shall excuse the Contractor from proceeding with the performance of the contract, as modified, while any resulting claim is being settled.

(End of clause)

Section I - Contract Clauses

Miscellaneous text in this section has been modified to:

52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications.

As prescribed in , insert the following clause: (e)(1)15.408

Subcontractor -Modifications (Jun 2020) Certified Cost or Pricing Data

(a) The requirements of paragraphs (b) and (c) of this clause -- shall

(1) Become operative only for any modification to this contract involving a adjustment expected to exceed the threshold for submission of pricing in Federal Regulation (FAR) (a)(1) on the date of execution of the modification; andcertified cost or pricing data Acquisition 15.403-4

(2) Be limited to such modifications.

(b) Before awarding any subcontract expected to exceed the threshold for submission of in FAR (a)(1), on the certified cost or pricing data 15.403-4 date of agreement on price or the date of award, whichever is later; or before any subcontract modification involving a adjustment pricing pricing expected to exceed the threshold for submission of in FAR (a)(1), the Contractor require the subcontractor certified cost or pricing data 15.403-4 shall to submit (actually or by specific identification ), in accordance with FAR 15.408, Table 15-2 (to include any certified cost or pricing data in writing information reasonably required to explain the subcontractor's estimating process such as the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data, and the nature and amount of any contingencies included in the price), unless an exception under FAR (b) applies. If the threshold for submission of specified in FAR 15.403-1 certified cost or pricing data 15.403-4 (a)(1) is adjusted for inflation as set forth in FAR (a), then pursuant to FAR (d) the changed threshold applies throughout the remaining 1.109 1.109 term of the contract, unless there is a subsequent threshold adjustment.

(c) The Contractor require the subcontractor to certify in substantially the form prescribed in FAR that, to the best of its knowledge and shall 15.406-2 belief, the data submitted under paragraph (b) of this clause were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modification.

(d) The Contractor insert the substance of this clause, including this paragraph (d), in each subcontract that exceeds the threshold for submission shall of in FAR (a)(1) on the date of agreement on price or the date of award, whichever is later. certified cost or pricing data 15.403-4

(End of clause)

Additional Information/Notes

The following clauses were modified:

52.211-11 - Liquidated Damages-Supplies, Services, or Research and Development. Sep 2000 hereby reads as follows:

As prescribed in , insert the following clause in solicitations and contracts:11.503(a)

Liquidated Damages-Supplies, Services, or Research and Development (Sept 2000)

If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of (a) actual damages, pay to the Government liquidated damages of $ per calendar day of delay.750,000

FA810523RB0040001

https://www.acquisition.gov/far/part-15#FAR_15_408 https://www.acquisition.gov/far/part-15#FAR_15_403_4 https://www.acquisition.gov/far/part-15#FAR_15_403_4 https://www.acquisition.gov/far/part-15#FAR_15_403_4 https://www.acquisition.gov/far/part-15#FAR_15_403_1 https://www.acquisition.gov/far/part-15#FAR_15_403_4 https://www.acquisition.gov/far/part-1#FAR_1_109 https://www.acquisition.gov/far/part-1#FAR_1_109 https://www.acquisition.gov/far/part-15#FAR_15_406_2 https://www.acquisition.gov/far/part-15#FAR_15_403_4

If the Government terminates this contract in whole or in part under the Default-Fixed-Price Supply and Service clause, the Contractor is liable for (b) liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault (c) or negligence of the Contractor as defined in the Default-Fixed-Price Supply and Service clause in this contract.

(End of clause)

52.216-16 - Incentive Price Revision-Firm Target. Jan 2022 hereby reads as follows:

As prescribed in , insert the following clause:16.406(a)

Incentive Price Revision-Firm Target (Jan 2022)

. The supplies or services identified in the Schedule as Items (a) General X001-X006, X008-X013, X015, X016, X020-X021, X023, X037-X038_ are subject to price revision in accordance with this clause; provided, that in no event shall the total final price of these items exceed the ceiling price of dollars ($ ). Any supplies or services that are to be (1) ordered separately under, or otherwise added to, this_TBD at time of award___ ____ contract and (2) subject to price revision in accordance with the terms of this clause shall be identified as such in a modification to this contract.

. "Costs," as used in this clause, means allowable costs in accordance with part 31 of the Federal Acquisition Regulation (FAR) in effect (b) Definition on the date of this contract.

Data submission.(c)

Within days after the end of the month in which the Contractor has delivered the last unit of supplies and completed the services (1) 30 calendar specified by item number in paragraph (a) of this clause, the Contractor shall submit in the format of Table 15-2, FAR 15.408, or in any other form on which the parties agree-

A detailed statement of all costs incurred up to the end of that month in performing all work under the items;(i)

An estimate of costs of further performance, if any, that may be necessary to complete performance of all work under the items;(ii)

A list of all residual inventory and an estimate of its value; and(iii)

Any other relevant data that the Contracting Officer may reasonably require.(iv)

If the Contractor fails to submit the data required by paragraph (c)(1) of this clause within the time specified and it is later determined that the (2) Government has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after the end of the data submittal period, the amount of the excess shall bear interest, computed from the date the data were due to the date of repayment, at the rate established in accordance with the Interest clause.

. Upon the Contracting Officer's receipt of the data required by paragraph (c) of this clause, the Contracting Officer and the (d) Price revision Contractor shall promptly establish the total final price of the items specified in (a) of this clause by applying to final negotiated cost an adjustment for profit or loss, as follows:

On the basis of the information required by paragraph (c) of this clause, together with any other pertinent information, the parties shall negotiate (1) the total final cost incurred or to be incurred for supplies delivered (or services performed) and accepted by the Government and which are subject to price revision under this clause.

The total final price shall be established by applying to the total final negotiated cost an adjustment for profit or loss, as follows:(2)

If the total final negotiated cost is equal to the total target cost, the adjustment is the total target profit.(i)

If the total final negotiated cost is greater than the total target cost, the adjustment is the total target profit, less (ii) CLIN specific, see Pricing Matrix -percent of the amount by which the total final negotiated cost exceeds the total target cost.TBD at time of award_

If the final negotiated cost is less than the total target cost, the adjustment is the total target profit plus (iii) CLIN specific, see Pricing Matrix -percent of the amount by which the total final negotiated cost is less than the total target cost.TBD at time of award_

. The total final price of the items specified in paragraph (a) of this clause shall be evidenced by a modification to this (e) Contract modification contract, signed by the Contractor and the Contracting Officer. This price shall not be subject to revision, notwithstanding any changes in the cost of performing the contract, except to the extent that-

The parties may agree in writing, before the determination of total final price, to exclude specific elements of cost from this price and to a (1) procedure for subsequent disposition of those elements; and

Adjustments or credits are explicitly permitted or required by this or any other clause in this contract.(2)

Adjusting billing prices.(f)

Pending execution of the contract modification (see paragraph (e) of this clause), the Contractor shall submit invoices or vouchers in accordance (1) with billing prices as provided in this paragraph. The billing prices shall be the target prices shown in this contract.

If at any time it appears from information provided by the contractor under paragraph (g)(2) of this clause that the then-current billing prices will (2) be substantially greater than the estimated final prices, the parties shall negotiate a reduction in the billing prices. Similarly, the parties may negotiate an increase in billing prices by any or all of the difference between the target prices and the ceiling price, upon the Contractor's submission of factual data showing that final cost under this contract will be substantially greater than the target cost.

Any billing price adjustment shall be reflected in a contract modification and shall not affect the determination of the total final price under (3) paragraph (d) of this clause. After the contract modification establishing the total final price is executed, the total amount paid or to be paid on all invoices or vouchers shall be adjusted to reflect the total final price, and any resulting additional payments, refunds, or credits shall be made promptly.

. This paragraph (g) shall apply until final price revision under this contract has been completed.(g) Quarterly limitation on payments statement

Within 45 days after the end of each quarter of the Contractor's fiscal year in which a delivery is first made (or services are first performed) and (1) accepted by the Government under this contract, and for each quarter thereafter, the Contractor shall submit to the contract administration office (with a copy to the contracting office and the cognizant contract auditor) a statement, cumulative from the beginning of the contract, showing-

The total contract price of all supplies delivered (or services performed) and accepted by the Government and for which final prices have been (i) established;

The total costs (estimated to the extent necessary) reasonably incurred for, and properly allocable solely to, the supplies delivered (or services (ii) performed) and accepted by the Government and for which final prices have not been established;

The portion of the total target profit (used in establishing the initial contract price or agreed to for the purpose of this paragraph (g)) that is in (iii) direct proportion to the supplies delivered (or services performed) and accepted by the Government and for which final prices have not been established-increased or decreased in accordance with paragraph (d)(2) of this clause, when the amount stated under subdivision (g)(1)(ii) of this clause differs from the aggregate target costs of the supplies or services; and

The total amount of all invoices or vouchers for supplies delivered (or services performed) and accepted by the Government (including amounts (iv) applied or to be applied to liquidate progress payments).

Notwithstanding any provision of this contract authorizing greater payments, if on any quarterly statement the amount under subdivision (g)(1)(iv) (2) of this clause exceeds the sum due the Contractor, as computed in accordance with subdivisions (g)(1)(i), (ii), and (iii) of this clause, the Contractor shall immediately refund or credit to the Government the amount of this excess. The Contractor may, when appropriate, reduce this refund or credit by the amount of previous refunds or credits effected under this clause. If any portion of the excess has been applied to the liquidation of progress payments, then that portion may, instead of being refunded, be added to the unliquidated progress payment account consistent with the Progress Payments clause. The Contractor shall provide complete details to support any claimed reductions in refunds.

If the Contractor fails to submit the quarterly statement within 45 days after the end of each quarter and it is later determined that the Government (3) has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after the end of the statement submittal period, the amount of the excess shall bear interest, computed from the date the quarterly statement was due to the date of repayment, at the rate established in accordance with the Interest clause.

. No subcontract placed under this contract may provide for payment on a cost-plus-a-percentage-of-cost basis.(h) Subcontracts

. If the Contractor and the Contracting Officer fail to agree upon the total final price within 60 days (or within such other period as (i) Disagreements the Contracting Officer may specify) after the date on which the data required by paragraph (c) of this clause are to be submitted, the Contracting Officer shall promptly issue a decision in accordance with the Disputes clause.

. If this contract is terminated before the total final price is established, prices of supplies or services subject to price revision shall be (j) Termination established in accordance with this clause for (1) completed supplies and services accepted by the Government and (2) those supplies and services not terminated under a partial termination. All other elements of the termination shall be resolved in accordance with other applicable clauses of this contract.

. If an equitable adjustment in the contract price is made under any other clause of this contract before (k) Equitable adjustment under other clauses the total final price is established, the adjustment shall be made in the total target cost and may be made in the maximum dollar limit on the total final price, the total target profit, or both. If the adjustment is made after the total final price is established, only the total final price shall be adjusted.

. If any clause of this contract provides that the contract price does not or will not include an (l) Exclusion from target price and total final price amount for a specific purpose, then neither any target price nor the total final price includes or will include any amount for that purpose.

. If any clause of this contract expressly provides that the cost of performance of an obligation shall be at Government (m) Separate reimbursement expense, that expense shall not be included in any target price or in the total final price, but shall be reimbursed separately.

. As used in the Federal, State, and Local Taxes clause or in any other clause that provides for certain taxes or duties to be included in, or (n) Taxes excluded from, the contract price, the term "contract price" includes the total target price or, if it has been established, the total final price. When any of these clauses requires that the contract price be increased or decreased as a result of changes in the obligation of the Contractor to pay or bear the burden of certain taxes or duties, the increase or decrease shall be made in the total target price or, if it has been established, in the total final price, so that it will not affect the Contractor's profit or loss on this contract.

(End of clause)

52.216-18 - Ordering. Aug 2020 hereby reads as follows:

As prescribed in , insert the following clause:16.506(a)

Ordering (Aug 2020)

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 (a) activities designated in the Schedule. Such orders may be issued from through .TBD at time of award TBD at time of award

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 (b) order and this contract, the contract shall control.

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

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

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

If sent electronically, the Government either-(3)

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

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

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

(End of clause)

52.216-19 - Order Limitations. Oct 1995 hereby reads as follows:

As prescribed in , insert a clause substantially the same as follows:16.506(b)

Order Limitations (Oct 1995)

. When the Government requires supplies or services covered by this contract in an amount of less than , the Government is (a) Minimum order 1 not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

Any order for a single item in excess of ;(1) 75

Any order for a combination of items in excess of ; or(2) 150

A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(3) 5 business

(1) or (2) of this section.

If this is a requirements contract ( includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the (c) i.e., 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.

Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in (d) paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the 5 business 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)

52.216-22 - Indefinite Quantity. Oct 1995 hereby reads as follows:

As prescribed in , insert the following clause:16.506(e)

Indefinite Quantity (Oct 1995)

This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of (a) supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to (b) the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be (c) issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the (d) 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; , that the Contractor shall not be required to make any deliveries provided under this contract after . TBD at time of award

(End of clause)

52.246-18 - Warranty of Supplies of a Complex Nature. May 2001 hereby reads as follows:

As prescribed in , insert a clause substantially as follows:46.710(b)(1)

Warranty of Supplies of a Complex Nature (May 2001)

As used in this clause-(a) Definitions.

means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, Acceptance ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the contract.

means the end items furnished by the Contractor and related services required under this contract. The word does not include "data."Supplies

(b) Contractor's obligations.

The Contractor warrants that for all supplies furnished under this contract will be free from defects in (1) 10 years from date of delivery item material and workmanship and will conform with all requirements of this contract; provided, however, that with respect to Government-furnished property, the Contractor's warranty shall extend only to its proper installation, unless the Contractor performs some modification or other work on the property, in which case the Contractor's warranty shall extend to the modification or other work.

Any supplies or parts thereof corrected or furnished in replacement shall be subject to the conditions of this clause to the same extent as supplies (2) initially delivered. This warranty shall be equal in duration to that set forth in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

The Contractor shall not be obligated to correct or replace supplies if the facilities, tooling, drawings, or other equipment or supplies necessary to (3) accomplish the correction or replacement have been made unavailable to the Contractor by action of the Government. In the event that correction or replacement has been directed, the Contractor shall promptly notify the Contracting Officer, in writing, of the nonavailability.

The Contractor shall also prepare and furnish to the Government data and reports applicable to any correction required (including revision and (4) updating of all affected data called for under this contract) at no increase in the contract price.

When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the place of delivery specified in the contract (5) (irrespective of the f.o.b. point or the point of acceptance) to the Contractor's plant and return.

All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.(6)

Remedies available to the Government.(c)

In the event of a breach of the Contractor's warranty in paragraph (b)(1) of this clause, the Government may, at no increase in contract price-(1)

Require the Contractor, at the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) or at the (i) Contractor's plant, to repair or replace, at the Contractor's election, defective or nonconforming supplies; or

Require the Contractor to furnish at the Contractor's plant the materials or parts and installation instructions required to successfully accomplish (ii) the correction.

If the Contracting Officer does not require correction or replacement of defective or nonconforming supplies or the Contractor is not obligated to (2) correct or replace under paragraph (b)(3) of this clause, the Government shall be entitled to an equitable reduction in the contract price.

The Contracting Officer shall notify the Contractor in writing of any breach of the warranty in paragraph (b) of this clause within (3) 45 business days The Contractor shall submit to the Contracting Officer a written recommendation within as to the corrective after discovery of defect. 5 business days action required to remedy the breach. After the notice of breach, but not later than after receipt of the Contractor's recommendation 30 calendar days for corrective action, the Contracting Officer may, in writing, direct correction or replacement as in paragraph (c)(1) of this clause, and the Contractor shall, notwithstanding any disagreement regarding the existence of a breach of warranty, comply with this direction. If it is later determined that the Contractor did not breach the warranty in paragraph (b)(1) of this clause, the contract price will be equitably adjusted.

If supplies are corrected or replaced, the period for notification of a breach of the Contractor's warranty in paragraph (c)(3) of this clause shall be (4) from the furnishing or return by the Contractor to the Government of the corrected or replaced supplies or parts thereof, or, if 10 business days correction or replacement is effected by the Contractor at a Government or other activity, for thereafter.10 calendar days

The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by (5) any other clause of the contract.

(End of clause)

The following clauses were deleted:

FAR Clauses Incorporated by Full Text

52.246-17 - Warranty of Supplies of a Noncomplex Nature. Jun 2003

As prescribed in , insert a clause substantially as follows:46.710(a)(1)

WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUNE 2003)

As used in this clause-(a) Definitions.

means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, Acceptance ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

means the end items furnished by the Contractor and related services required under this contract. The word does not include "data."Supplies

Contractor's obligations. (b) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any (1) condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for [Contracting Officer shall state specific period ____ of time after delivery, or the specified event whose occurrence will terminate the warranty period; e.g.,the number of miles or hours of use, or combinations of any applicable events or periods of time]-

All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this (i) contract; and

The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the (ii) requirements of this contract.

When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by (2) the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return.

Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the (3) same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.(4)

Remedies available to the Government. (c) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in (1) paragraph (b)(1) of this clause within [Contracting Officer shall insert specific period of time; e.g.,"45days of the last delivery under this ____ contract," or "45days after discovery of the defect"].

Within a reasonable time after the notice, the Contracting Officer may either-(2)

Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, (i) and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

Retain such supplies and reduce the contract price by an amount equitable under the circumstances.(ii)

(3) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action (i) shall be determined by the applicable sampling procedures in the contract. The Contracting Officer-

May, for sampling purposes, group any supplies delivered under this contract;(A)

Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which (B) warranty action is proposed;

May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of (C) such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

Need not use the same lot size as on original inspection or reconstitute the original inspection lots.(D)

Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may (ii) exercise one or more of the following options:

Require an equitable adjustment in the contract price for any group of supplies.(A)

Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the (B) Contractor for correction or replacement.

Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or (C) replace all nonconforming supplies.

Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) (D) for screening and correction or replacement.

(4) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another (i) source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor-

Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or(A)

Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to (B) endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In (ii) addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by (5) any other clause of this contract.

(End of clause)

52.247-1 - Commercial Bill of Lading Notations. Feb 2006

As prescribed in , insert the following clause:47.104-4

COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)

When the Contracting Officer authorizes supplies to be shipped on a commercial bill of lading and the Contractor will be reimbursed these transportation costs as direct allowable costs, the Contractor shall ensure before shipment is made that the commercial shipping documents are annotated with either of the following notations, as appropriate:

If the Government is shown as the consignor or the consignee, the annotation shall be:(a)

Transportation is for the [name the specific agency] and the actual total transportation charges paid to the carrier(s) by the consignor or ____ consignee are assignable to, and shall be reimbursed by, the Government.

If the Government is not shown as the consignor or the consignee, the annotation shall be:(b)

Transportation is for the [name the specific agency] and the actual total transportation charges paid to the carrier(s) by the consignor or ____ consignee shall be reimbursed by the Government, pursuant to cost-reimbursement contract No. . This may be confirmed by contacting ____ ________

[Name and address of the contract administration office listed in the contract].____

(End of clause)

DFARS Clauses Incorporated by Full Text

252.217-7027 - Contract Definitization. May 2023

As prescribed in 217.7406(b), use the following clause:

CONTRACT DEFINITIZATION (MAY 2023)

(a) A is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting TBD [insert specific type of contract action] Officer the terms of a definitive contract that will include-

(1) All clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the undefinitized contract action;

(2) All clauses required by law on the date of execution of the definitive contract action; and

(3) Any other mutually agreeable clauses, terms, and conditions.

(b) The Contractor agrees to submit a proposal and certified cost or pricing data TBD [insert type of proposal; e.g., fixed-price or cost-and-fee] supporting its proposal. Notwithstanding FAR 52.216-26, Payments of Allowable Costs Before Definitization, failure to meet the qualifying proposal date in the contract definitization schedule could result in the Contracting Officer withholding an amount up to 5 percent of all subsequent requests for financing until the Contracting Officer determines that a proposal is qualifying.

(c) The schedule for definitizing this contract action is as follows [insert target date for definitization of the contract action and dates for submission of proposal, beginning of negotiations, and, if appropriate, submission of the make-or-buy and subcontracting plans and certified cost or

:pricing data]

TBD

TBD

TBD

(d) If agreement on a definitive contract action to supersede this undefinitized contract action is not reached by the target date in paragraph (c) of this clause, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with FAR subpart 15.4 and part 31, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.

(1) After the Contracting Officer's determination of price or fee, the contract shall be governed by -

(i) All clauses required by the FAR on the date of execution of this undefinitized contract action for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (e);

(ii) All clauses required by law as of the date of the Contracting Officer's determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with paragraph (d)(1) of this clause, all clauses, terms, and conditions included in this undefinitized contract action shall continue in effect, except those that by their nature apply only to an undefinitized contract action.

(e) The definitive contract resulting from this undefinitized contract action will include a negotiated TBD [insert "cost/price ceiling" or "firm-in no event to exceed fixed price"] TBD [insert the not-to-exceed amount].

(End of clause)

CP 405 736 4908, 3001 STAFF DR STE 2AI 85A

TINKER AFB, OK 73145-3303

UNITED STATES

SHANITA MANUEL, Email: shanita.manuel@us.af.mil Telephone: 312-884-1141