FA855518R0001.pdf

STANDARD FORM 1447 (2/2012)

Prescribed by GSA FAR (48 CFR) 53.215-1(d)

4. SOLICITATION NUMBER

FA8555-18-R-0001

X

X

6.SOLICITATION ISSUE DATE

8. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 % FOR

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOSB PROGRAM

HUBZONE SMALL

BUSINESS EDWOSB

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS NAICS CODE: 332311

8(A) SIZE STANDARD: 750

DATE SIGNED

28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION NUMBER

SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

ROUTINE

THIS IS A TOTAL SMALL BUSINESS SET-ASIDE.

Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 90 days.

SEE LINE ITEM SCHEDULE

22.

AMOUNT

16. AUTHORITY FOR USING OTHER THAN 10 USC 2304 41 USC 253

FULL AND OPEN COMPETITION (c) ( ) (c) ( )

DATE SIGNED

27. SIGNATURE OF OFFEROR/CONTRACTOR

20.

UNIT

21.

UNIT PRICE

19.

QUANTITY

13. CONTRACTOR OFFEROR CODE FACILITY CODE

11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN * ___ CALENDAR DAYS (60 CALENDAR

DAYS UNLESS OFFEROR INSERTS A DIFFERENT PERIOD) FROM THE DATE SET FORTH IN BLK 9

ABOVE, THE CONTRACTOR AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE ITEMS

SOLICITED HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE TERMS AND

CONDITIONS STATED HEREIN. *90

RATING

DO: C9

3. AWARD/EFFECTIVE DATE

FA8555

2. CONTRACT NO.

X

CHECK IF REMITTANCE IS DIFFERENT

AND PUT SUCH ADDRESS IN OFFER

17.

ITEM NO.

12. ADMINISTERED BY CODE

Total

SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK: 14 EFT:T

SCD:B

NAME AND TITLE OF SIGNER (TYPE OR PRINT) NAME OF CONTRACTING OFFICER

24. AWARD AMOUNT (FOR GOVT USE ONLY)

23. ACCOUNTING AND APPROPRIATION DATA

SEE SCHEDULE

5. SOLICITATION TYPE

SEALED BIDS NEGOTIATED

(IFB) (RFP)

15. PROMPT PAY DISCOUNT

25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SETFORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS SUBJECT

THE TERMS AND CONDITIONS SPECIFIED HEREIN.

10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)

SUPPLIES SERVICES Prefabricated Metal Building and Component Manufacturing

9.

Offers will be received at the issuing office until the date and time specified below. Late offers are subject to late proposal provisions incorporated herein. All offers are subject to provisions, representations, certifications, and specifications as are attached or incorporated by reference.

10-JAN-2018 3:00PM

18.

SCHEDULE OF SUPPLIES/SERVICES

14. PAYMENT WILL BE MADE BY CODE

(SEE ESP CLAUSE 252.232-7003.)

X

7. ISSUED BY CODE

C2ISR - ENTERPRISE, AFLCMC/HBKAA

235 BYRON ST STE 19A

BLDG 300 CML PHN 478 222 8433

ROBINS AFB GA 31098-1670

BUYER: Jason E. Morgan/WIKBA jason.morgan.12@us.af.mil Phone: (478) 222- 6800 No Collect Calls

X

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)SOLICITATION/CONTRACT

BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27.

JS

SF 1447 (rev 2/2012) BACK

NO RESPONSE FOR THE REASONS CHECKED

TYPE OR PRINT NAME AND TITLE OF SIGNER

SIGNATURENAME AND ADDRESS OF FIRM (Include Zip Code)

WE DO NOT DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF

ITEMS INVOLVED

WE DO

OTHER (Specify)

CANNOT COMPLY WITH SPECIFICATIONS

CANNOT COMPLY WITH SPECIFICATIONS CANNOT MEET DELIVERY REQUIREMENT

FOLD

FOLD

FOLD

FOLD

SOLICITATION NO. FA855518R0001

DUE: 10 JAN 2018 3:00 PM

FROM: AFFIX

STAMP

HERE

TO:

ATTN: Jason E Morgan/WIKBA

C2ISR - ENTERPRISE, AFLCMC/HBKAA

235 BYRON ST STE 19A

BLDG 300 CML PHN 478 222 8433

ROBINS AFB GA 31098-1670

FA8555-18-R-0001

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 General: This Request for Proposals (RFP) is issued as a small business set‐aside with the intent to establish a contract for the delivery and installation of a Secure Software Development Room, in support of the Command, Control, Intelligence, Surveillance and Reconnaissance (C2ISR) Division, AFLCMC/HBG, at Robins Air Force Base, Georgia.

B.2 Contract Type: This RFP and the resultant contract will be a firm‐fixed‐price contract, with the exception of CLIN 0003 Travel (cost reimbursable‐no fee) and CLIN 0004 Data (not separately priced).

This contract will contain a Delivery Incentive and Late Delivery Penalty, in accordance with FAR 16.402‐3.

B.3 Delivery: The requirements for contract delivery are outlined in each individual CLIN in the schedule below.

B.4 Clarification of RFP Address and Phone Number: For submission in response to this RFP, disregard the solicitation front page item 7 address and phone number and the solicitation page 2 mailing envelope address. Instead, the address and phone number identified in the section entitled

PROPOSAL REQUIREMENTS, INSTRUCTIONS TO OFFERORS AND EVALUATION

BASIS FOR AWARD.

B.5 Submittals in response to this RFP: Please follow all instructions detailed in PROPOSAL REQUIREMENTS, INSTRUCTIONS TO OFFERORS AND EVALUATION BASIS FOR AWARD, when providing your response to this proposal. All submittals in response to this RFP shall be in accordance with the instructions located in the aforementioned section, and shall include all required submittals detailed therein, along with a complete, signed RFP document.

B.6 Notice to Offerors: The proposal submitted in response to this RFP and any communications between proposal submittal and award will be made binding in any subsequent contract award.

Secure Software Development Room (SSDR)

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

Secure Software Development Room (SSDR)

1 EA

SECURE SOFTWARE DEVELOPMENT ROOM (SSDR)

Secure Software Development Room to be Delivered in accordance with attached Statement of Work (SOW). Included in the pricing of this CLIN is a delivery disincentive, in the amount of 2.5% per week, for each week the SSDR is delivered after the required delivery date of 1 October 2018, up to a total of four weeks or 10%.

Associated Document(s) Line Item(s)

FD23991800139 0001

Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

+ XXXXXX DESTINATION

Type / Ship To PACRN Mark For

+ XXXXXX PAA

Type / Ship To Quantity (U/I) On or Before _ Req No / Pri

Required Delivery

+ XXXXXX 1 EA 1 OCT 2018

Proposed Delivery

+ XXXXXX 1 EA

Installation of Secure Software Development Room

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 EA

INSTALLATION OF SECURE SOFTWARE DEVELOPMENT ROOM

Installation in accordance with attached Statement of Work (SOW). Included in the pricing of this CLIN is a delivery disincentive, in the amount of 2.5% per week, for each week the SSDR is delivered after the required delivery date of 1 October 2018, up to a total of four weeks or 10%.

Associated Document(s) Line Item(s)

FD23991800139 0001

Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required

Installation of Secure Software Development Room

Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) On or Before _ Req No / Pri

Required Period of Performance

+ XXXXXX 1 EA 1 OCT 2018

Proposed Period of Performance

+ XXXXXX 1 EA

Note: The below Travel CLIN will only cover any Government directed travel outside of which is defined in the SOW. The offeror shall include all travel costs associated with manufacturing/delivering/installing the SSDR at site in the Installation CLIN.

TRAVEL

Item No.

Cost Reimbursement ‐ No Fee Quantity U/I Est Unit Cost Total Estimated Cost

1 LO

TRAV

TRAVEL AS APPROVED IN ADVANCE BY CONTRACTING OFFICER

TRAVEL REIMBURSED IAW FAR 31.2

Associated Document(s) Line Item(s)

FD23991800139 0001

Priority: R ROUTINE

Data

Item No.

Not Separately Priced Quantity U/I Unit Price

1 LO NSP

DATA RE

DATA

See Statement of Work (SOW) and Contract Data Requirements List(s) (CDRLs) attached to this request for detailed information regarding the data and format(s) required for delivery under this contract. All data delivered shall be in accordance with the SOW and CDRLs.

Associated Document(s) Line Item(s)

FD23991800139 0001

Priority: R ROUTINE Exhibit: A

Delivery of CDRLs shall be as outlined in the SOW and the attached DD 1423(s).

Delivery Incentive

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 EA

The purpose of this CLIN is for the pricing of a delivery incentive for delivery of the Secure Software Development Room (SSDR) before 1 October 2018. This incentive will be calculated based on the total price of CLINs 0001 and 0002. The contractor is only able to earn this incentive at a rate of 2.5% per week delivered early, for up to four weeks, for a total possible delivery incentive of 10%. If the SSDR is delivered on or after 1 October 2018, the delivery incentive is not payable.

Associated Document(s) Line Item(s)

FD23991800139 0001

Priority: R ROUTINE

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: + XXXXXX

IAW Statement of Work (SOW)

MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)

AWARD NUMBER:

CONTRACT CLAUSES

252.203‐7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) (IAW DFARS 203.171‐4(a), DFARS 212.301(f)(ii))

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2017)

(IAW FAR 12.301(b)(4))

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203‐19,Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233‐3, Protest After Award (Aug 1996)(31 U.S.C 3553).

(4) 52.233‐4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108‐77 and 108‐78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ __ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with

Alternate I (Oct 1995)(41 U.S.C. 4704 and 10 U.S.C. 2402).

__X __ (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

__ __ (3) 52.203‐15, Whistleblower Protections Under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111‐5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__X __ (4) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (Oct

2016) (Pub. L. 109‐282) (31 U.S.C. 6101 note).

(5) [Reserved]

__ __ (6) 52.204‐14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

__ __ (7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts

(Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

__X __ (8) 52.209‐6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

__ __ (9) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013) (41 U.S.C. 2313).

(10) [Reserved}

__ __ (11) (i) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (Nov 2011)(15 U.S.C.

657a).

__ __ (11) (ii) Alternate I (Nov 2011) of 52.219‐3.

__ __ (12) (i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

__ __ (12) (ii) Alternate I (Jan 2011) of 52.219‐4.

(13) [Reserved]

__X __ (14) (i) 52.219‐6, Notice of Total Small Business Set‐Aside (Nov 2011)(15 U.S.C. 644).

__ __ (14) (ii) Alternate I (Nov 2011).

__X __ (14) (iii) Alternate II (Nov 2011).

__ __ (15) (i) 52.219‐7, Notice of Partial Small Business Set‐Aside (June 2003)(15 U.S.C. 644).

__ __ (15) (ii) Alternate I (Oct 1995) of 52.219‐7.

__ __ (15) (iii) Alternate II (Mar 2004) of 52.219‐7.

__X __ (16) 52.219‐8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and

(3)).

__ __ (17) (i) 52.219‐9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)). (In accordance with DPAP Memo dated 15 Aug 2016, DAR Tracking Number

2016‐O0009, Class Deviation—Subcontract Reporting, this clause and any applicable alternates are replaced with DFARS Deviation(s) dated Aug 2016, listed below when applicable. Effective until incorporated into the FAR or

DFARS or until rescinded.)

__ __ (17) (ii) Alternate I (Nov 2016) of 52.219‐9.

__ __ (17) (iii) Alternate II (Nov 2016) of 52.219‐9.

__ __ (17) (iv) Alternate III (Nov 2016) of 52.219‐9.

______ (17) (v) Alternate IV (Nov 2016) of 52.219‐9.

__ __ (18) 52.219‐13, Notice of Set‐Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__X __ (19) 52.219‐14, Limitations on Subcontracting (Jan 2017)(15 U.S.C. 637(a)(14)).

__ __ (20) 52.219‐16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ __ (21) 52.219‐27, Notice of Total Service‐Disabled Veteran‐Owned Small Business Set‐Aside

(Nov 2011)(15 U.S.C. 657 f).

__X __ (22) 52.219‐28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ __ (23) 52.219‐29, Notice of Set‐Aside for, or Sole source Award to, Economically

Disadvantaged Women‐Owned Small Business Concerns (Dec 2015) (1 U.S.C.

637(m)).

__ __ (24) 52.219‐30, Notice of Set‐Aside for, or Sole source Award to, Women‐Owned Small

Business Concerns Eligible Under the Women‐Owned Small Business Program

(Dec 2015) (15 U.S.C. 637(m)).

__ __ (25) 52.222‐3, Convict Labor (June 2003)(E.O. 11755).

__X __ (26) 52.222‐19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O.

13126).

__X __ (27) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

__X __ (28) 52.222‐26, Equal Opportunity (Sept 2016)(E.O. 11246). (In accordance with DPAP Memo dated 01 September 2017, DAR Tracking Number 2017‐O0008, Class Deviation—Office of Federal

Contract Compliance Programs Waiver of Certain Clause Requirements in

Contracts for Hurricane Harvey Relief Efforts, this clause is replaced with

DFARS Deviation(s) dated Sept 2017, listed below when applicable. Effective until incorporated into the FAR or DFARS or until rescinded.)

__X __ (29) 52.222‐35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

(In accordance with DPAP Memo dated 01 September 2017, DAR Tracking

Number 2017‐O0008, Class Deviation—Office of Federal Contract Compliance

Programs Waiver of Certain Clause Requirements in Contracts for Hurricane

Harvey Relief Efforts, this clause is replaced with DFARS Deviation(s) dated

Sept 2017, listed below when applicable. Effective until incorporated into the

FAR or DFARS or until rescinded.)

__X __ (30) 52.222‐36, Equal Opportunity For Workers with Disabilities (Jul

2014)(29 U.S.C. 793). (In accordance with DPAP Memo dated 01 September 2017, DAR Tracking Number

2017‐O0008, Class Deviation—Office of Federal Contract Compliance

Programs Waiver of Certain Clause Requirements in Contracts for Hurricane

Harvey Relief Efforts, this clause is replaced with DFARS Deviation(s) dated

Sept 2017, listed below when applicable. Effective until incorporated into the

FAR or DFARS or until rescinded.)

__X __ (31) 52.222‐37, Employment Reports on Veterans (Feb 2016)(38 U.S.C. 4212).

__X __ (32) 52.222‐40, Notification of Employee Rights Under the National Labor relations Act (Dec

2010) E.O. 13496).

__X __ (33) (i) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

__ __ (33) (ii) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O. 13627).

__ __ (34) 52.222‐54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ __ (35) (i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA‐Designated

Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

__ __ (35) (ii) Alternate I (May 2008) of 52.223‐9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

__ __ (36) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (June 2016) (E.O. 13693).

__ __ (37) 52.223‐12, Maintenance, Service, repair, or Disposal of Refrigeration Equipment and Air

Conditioners (June 2016) (E.O.13693).

__ __ (38) (i) 52.223‐13, Acquisition of EPEAT®‐Registered Imaging Equipment (Jun 2014) (E.O.s

13423 and 13514).

__ __ (38) (ii) Alternate I (Oct 2015) of 52.223‐13.

__ __ (39) (i) 52.223‐14, Acquisition of EPEAT®‐Registered Televisions (Jun 2014) (E.O.s 13423 and

13514).

__ __ (39) (ii) Alternate I (Jun 2014) of 52.223‐14.

__ __ (40) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (Dec 2007) (42.U.S.C.

8259b).

__ __ (41) (i) 52.223‐16, Acquisition of EPEAT®‐Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

__ __ (41) (ii) Alternate I (Oct 2015) of 52.223‐16.

__X __ (42) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug

2011) (E.O.13513).

__ __ (43) 52.223‐20, Aerosols (Jun 2016) (E.O. 13693)

__ __ (44) 52.223‐21, Foams (Jun 2016) (E.O. 13693).

__X __ (45) (i) 52.224‐3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

______ (45) (ii) Alternate I, (Jan 2017) of 52.244‐3.

__ __ (46) 52.225‐1, Buy American‐‐Supplies (May 2014) (41 U.S.C. chapter 83).

__ __ (47) (i) 52.225‐3, Buy American‐‐Free Trade Agreements‐‐Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103‐182, 108‐77, 108‐78, 108‐286, 108‐302, 109‐53, 109‐169, 109‐283, 110‐138, 112‐41, 112‐42, and 112‐43).

__ __ (47) (ii) Alternate I (May 2014) of 52.225‐3.

__ __ (47) (iii) Alternate II (May 2014) of 52.225‐3.

__ __ (47) (iv) Alternate III (May 2014) of 52.225‐3.

__ __ (48) 52.225‐5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X __ (49) 52.225‐13, Restriction on Certain Foreign Purchases (Jun 2008)(E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of Treasury).

__ __ (50) 52.225‐26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization

Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ __ (51) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007)(42 U.S.C. 5150).

__ __ (52) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007)(42 U.S.C. 5150).

__ __ (53) 52.232‐29, Terms for financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C.

4505, 10 U.S.C. 2307(f)).

__ __ (54) 52.232‐30, Installment Payments for Commercial Items (Jan 2017)(41 U.S.C. 4505, 10

U.S.C. 2307(f)).

__X __ (55) 52.232‐33, Payment by Electronic Funds Transfer—System for Award Management (Jul

2013)(31.U.S.C. 3332).

__ __ (56) 52.232‐34, Payment by Electronic Funds Transfer—Other than System for Award

Management (Jul 2013)(31.U.S.C. 3332).

__ __ (57) 52.232‐36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ __ (58) 52.239‐1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

__ __ (59) 52.242‐5, Payment to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

__ __ (60) (i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ __ (60) (ii) Alternate I (Apr 2003) of 52.247‐64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ __ (1) 52.222‐17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

__ __ (2) 52.222‐41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ __ (3) 52.222‐42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ __ (4) 52.222‐43, Fair Labor Standards Act and Service Contract Labor Standards‐‐Price

Adjustment (Multiple Year and Option Contracts) (May 2014)(29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ __ (5) 52.222‐44, Fair Labor Standards Act and Service Contract Labor Standards ‐ Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ __ (6) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ __ (7) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014)(41 U.S.C. chapter 67).

__ __ (8) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ __ (9) 52.222‐62, Paid Sick Leave Under Executive Order 13706. (Jan 2017) (E.O. 13706).

__ __ (10) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792).

__ __ (11) 52.237‐11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215‐2, Audit and Records‐‐Negotiation.

(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 Subpart 4.7, Contractor Records Retention, of the 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 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.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203‐13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219‐8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222‐17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow Down required in accordance with paragraph (l) of FAR clause 52.222‐17.

(v) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222‐26, Equal Opportunity (Sept 2016) (E.O. 11246). (In accordance with DPAP Memo dated 01 September 2017, DAR Tracking Number 2017‐O0008, Class Deviation—Office of Federal Contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts, this clause is replaced with DFARS Deviation(s) dated Sept 2017, listed below when applicable. Effective until incorporated into the FAR or DFARS or until rescinded.)

(vii) 52.222‐35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (In accordance with DPAP Memo dated 01 September 2017, DAR Tracking Number 2017‐O0008, Class Deviation—Office of Federal Contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts, this clause is replaced with DFARS Deviation(s) dated Sept 2017, listed below when applicable. Effective until incorporated into the FAR or DFARS or until rescinded.)

(viii) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (In accordance with DPAP Memo dated 01 September 2017, DAR Tracking Number 2017‐O0008, Class Deviation—Office of Federal Contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts, this clause is replaced with DFARS Deviation(s) dated Sept 2017, listed below when applicable. Effective until incorporated into the FAR or DFARS or until rescinded.)

(ix) 52.222‐37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222‐40.

(xi) 52.222‐41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii) __X __ (A) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ __(B) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiii) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222‐54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222‐55,Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(xviii) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraphs (e) of FAR clause 52.226‐6.

(xix) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247‐64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

(IAW DFARS 223.7306, DFARS 212.301(f)(xxi))

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2016)

(IAW DFARS 225.7002-3(a), DFARS 212.301(f)(xxvii))

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS

(SEP 2004)

(IAW DFARS 226.104)

252.227-7015 TECHNICAL DATA--COMMERCIAL ITEMS (FEB 2014)

(IAW DFARS 227.7102-4(a)(1))

252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (SEP 2016)

(IAW DFARS 227.7102-4(c), DFARS 227.7103-6(e)(3), DFARS 227.7104(e)(5), DFARS 227.7203-6(f))

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(JUN 2012)

(IAW DFARS 232.7004)

(a) Definitions. As used in this clause—

(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e‐mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/ .

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—

(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;

(2) DoD is unable to receive a payment request or provide acceptance in electronic form;

(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment; or

(4) DoD makes a payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD‐approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System).

(d) The Contractor shall submit any non‐electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(IAW DFARS 232.7102)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

(IAW DFARS 243.205-71)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

(IAW DFARS 244.403)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC (APR 2014)

(IAW DFARS 247.574(b))

ADDENDUM TO CLAUSE 52.212‐4

5352.201-9101 OMBUDSMAN (JUN 2016)

(IAW AFFARS 5301.9103)

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Kim McDonald at 478 222 ‐1088 , FAX 478 222 ‐1121 , email kimberly.mcdonald@us.af.mil . Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to 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.

52.202-1 DEFINITIONS (NOV 2013)

(IAW FAR 2.201)

52.203-3 GRATUITIES (APR 1984)

(IAW FAR 3.202)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

(IAW FAR 3.404)

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

(IAW FAR 3.502-3)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY (MAY 2014)

(IAW FAR 3.104-9(a))

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

(IAW FAR 3.104-9(b))

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(OCT 2010)

(IAW FAR 3.808(b))

(Applicable to solicitations and contracts exceeding $5.5 million and the period of performance is greater than 120 days, unless for the acquisition of a commercial item under Part 12 or performed entirely outside the U.S.)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(IAW FAR 3.908-9)

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER

DEFENSE-CONTRACT-RELATED FELONIES (DEC 2008)

(IAW DFARS 203.570-3)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(SEP 2013)

(IAW DFARS 203.970)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011)

(IAW FAR 4.303)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

(IAW FAR 4.1105(b))

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

(IAW FAR 4.1804(c), FAR 12.301(d))

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

(IAW FAR 4.1202(b))

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(JUN 2016)

(IAW FAR 4.1903)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

(IAW DFARS 204.404-70(b))

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (OCT 2016)

(IAW DFARS 204.7304(c))

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (MAY 2016)

(IAW DFARS 204.7403(c), DFARS 212.301(f)(ix))

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM

(OCT 2015)

(IAW DFARS 209.409)

52.211-5 MATERIAL REQUIREMENTS (AUG 2000)

(IAW FAR 11.304)

52.211-8 TIME OF DELIVERY (JUN 1997)

(IAW FAR 11.404(a)(2)) DELIVERY FOR EACH ITEM IS ANNOTATED IN THE SCHEDULE (PART I SECTION B) UNDER EACH LINE ITEM.

52.211-8 TIME OF DELIVERY -- ALTERNATE I (APR 1984)

(IAW FAR 11.404(a)(2))

(b) the Government will make award by 01 APR 2018 .

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

(IAW FAR 11.604(b))

This is a rated order certified for national defense , emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

(IAW FAR 11.703(b))

252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012)

(IAW DFARS 211.274-6(b), DFARS 212.301(f)(iv))

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)

(IAW FAR 12.301(b)(3))

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its postacceptance rights‐‐

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes, as amended (41 U.S.C. 601‐613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233‐1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232‐33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232‐34, Payment by Electronic Funds Transfer‐‐Other Than System for Award Management), or applicable agency procedures.

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

EFT.

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

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

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

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

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

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

destination.

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o)Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. Paragraph is modified to require the contractor to provide at least the same express warranty terms, including offers of extended warranties, offered to the general public in the customary commercial marketplace, and will conform with all requirements of the contract for a period of no less than 365 days from the date of delivery to a CONUS or OCONUS location.

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

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C 3701, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistle blower protections; 49 U.S.C 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212‐5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete.