HDEC0421R0027 SOLICITATION.pdf

SEE ADDENDUM

(No Collect Calls)

HDEC0421R0027 07-Oct-2021

b. TELEPHONE NUMBER

804-734-8000X48914

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 08 Nov 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HDEC049. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TAKYIA HOPE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DEFENSE COMMISSARY AGENCY

SUPPLY & EQUIPMENT DIVISION

BUILDING P 11200

1300 E AVENUE

FORT LEE VA 23801-1800

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

(804) 734-8269/8886FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

811310

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF82

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

FORT HOOD I

FFP

FFP

Preventative Maintenance & Repair of Miscellaneous Food Processing (MFP) Equipment at Fort Hood I Commissary Base Year: March 1, 2022 – February 28, 2023

ESTIMATED

NET AMT

ITEM NO SUPPLIES/SERVICES EST.

UNIT UNIT PRICE EST. AMOUNT

0001AA 60 Hours

LABOR

T&M T&M Labor

LABOR

IAW FAR 16.601(a) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualification of a labor category specified in the contract that are-

(1) Performed by the contractor;

(2) Performed by the subcontractors; or

(3) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

FOB: Destination " DeCA will pay for labor hours as evidenced by service provider invoice for direct labor hours used to accomplish unscheduled repair services."

"Notwithstanding the contract's stated ceiling price, the Government's liability to the contractor is limited to $26,860.00, the total amount funded for the current contract period. The contractor shall not perform work under this contract that will cause it to exceed this amount, except at its own risk".

FOB: Destination

SPEC NR: J073

MFR PART NR: J073

J073

FOB: Destination

SPEC NR: J073

MFR PART NR: J073

J073

TOT ESTIMATED PRICE

CEILING PRICE

UNIT UNIT PRICE EST. AMOUNT

0001AB Lot

PARTS

T&M T&M

PARTS

T&M T&M This is not a priced CLIN. DeCA will pay actual costs for materials as evidenced by supplier invoice for direct materials and supplies used to accomplish repair services.

FOB: Destination " DeCA will pay for labor hours as evidenced by service provider invoice for direct labor hours used to accomplish unscheduled repair services."

"Notwithstanding the contract's stated ceiling price, the Government's liability to the contractor is limited to $26,860.00, the total amount funded for the current contract period. The contractor shall not perform work under this contract that will cause it to exceed this amount, except at its own risk" FOB: Destination

SPEC NR: J073

MFR PART NR: J073

FOB: Destination

SPEC NR: J073

UNIT UNIT PRICE EST. AMOUNT

0001AC 12 Each

TRAVEL

T&M T&M Travel/Trip Charge

FFP

Trip Charge for Repairs Only (Does not apply to PM Services) IAW PWS 1.2 C.

FOB: Destination " DeCA will pay for labor hours as evidenced by service provider invoice for direct labor hours used to accomplish unscheduled repair services."

"Notwithstanding the contract's stated ceiling price, the Government's liability to the contractor is limited to $26,860.00, the total amount funded for the current contract period. The contractor shall not perform work under this contract that will cause it to exceed this amount, except at its own risk" FOB: Destination

SPEC NR: J073

MFR PART NR: J073

FOB: Destination

SPEC NR: J073

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AD 8 Each

PM CED 1M20-A/B/HV

FFP

FFP

Quarterly Preventative Maintenance (PM).

FOB: Destination FOB: Destination

SPEC NR: 1M20

MFR PART NR: 1M20

FOB: Destination

SPEC NR: 1M20

MFR PART NR: 1M20

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AE 8 Each

PM CED 1M18

FFP

FFP

Quarterly Preventative Maintenance (PM) FOB: Destination FOB: Destination

SPEC NR: 1M18

MFR PART NR: 1M18

FOB: Destination

SPEC NR: 1M18

MFR PART NR: 1M18

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AF 4 Each

PM CED 1B12-B

FFP

FFP

Quarterly Preventative Maintenance (PM) FOB: Destination FOB: Destination

SPEC NR: 1B12

MFR PART NR: 1B12

FOB: Destination

SPEC NR: 1B12-B

MFR PART NR: 1B12-B

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AG 4 Each

PM CED 1B15

FFP

FFP

Quarterly Preventative Maintenance (PM) FOB: Destination FOB: Destination

SPEC NR: 1B15

MFR PART NR: 1B15

FOB: Destination

SPEC NR: 1B15

MFR PART NR: 1B15

UNIT UNIT PRICE ESTIMATED AMOUNT

FORT HOOD II

FFP

FFP

Preventative Maintenance & Repair of Miscellaneous Food Processing (MFP) Equipment at Fort Hood II Commissary Base Year: March 1, 2022 – February 28, 2023

UNIT UNIT PRICE EST. AMOUNT

0002AA 60 Hours

LABOR

T&M T&M IAW FAR 16.601(a) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualification of a labor category specified in the contract that are-

(1) Performed by the contractor;

(2) Performed by the subcontractors; or

(3) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

FOB: Destination " DeCA will pay for labor hours as evidenced by service provider invoice for direct labor hours used to accomplish unscheduled repair services."

"Notwithstanding the contract's stated ceiling price, the Government's liability to the contractor is limited to $26,200.00, the total amount funded for the current contract period. The contractor shall not perform work under this contract that will cause it to exceed this amount, except at its own risk".

FOB: Destination

SPEC NR: J073

MFR PART NR: J073

J073

FOB: Destination

SPEC NR: J073

UNIT UNIT PRICE EST. AMOUNT

0002AB Lot

PARTS

T&M T&M This is not a priced CLIN. DeCA will pay actual costs for materials as evidenced by supplier invoice for direct materials and supplies used to accomplish repair services.

FOB: Destination " DeCA will pay for labor hours as evidenced by service provider invoice for direct labor hours used to accomplish unscheduled repair services."

"Notwithstanding the contract's stated ceiling price, the Government's liability to the contractor is limited to $26,200.00, the total amount funded for the current contract period. The contractor shall not perform work under this contract that will cause it to exceed this amount, except at its own risk" FOB: Destination

SPEC NR: J073

MFR PART NR: J073

FOB: Destination

SPEC NR: J073

UNIT UNIT PRICE EST. AMOUNT

0002AC 12 Each

TRAVEL

T&M T&M

FFP

Trip Charge for Repairs Only (Does not apply to PM Services) IAW PWS 1.2 C.

FOB: Destination " DeCA will pay for labor hours as evidenced by service provider invoice for direct labor hours used to accomplish unscheduled repair services."

"Notwithstanding the contract's stated ceiling price, the Government's liability to the contractor is limited to $26,200.00, the total amount funded for the current contract period. The contractor shall not perform work under this contract that will cause it to exceed this amount, except at its own risk" FOB: Destination

SPEC NR: J073

MFR PART NR: J073

FOB: Destination

SPEC NR: J073

UNIT UNIT PRICE ESTIMATED AMOUNT

0002AD 8 Each

PM CED 1M20-A/B/HV

FFP

FFP

Quarterly Preventative Maintenance (PM).

FOB: Destination FOB: Destination

SPEC NR: 1M20

MFR PART NR: 1M20

FOB: Destination

SPEC NR: 1M20

UNIT UNIT PRICE ESTIMATED AMOUNT

0002AE 8 Each

PM CED 1M18

FFP

FFP

Quarterly Preventative Maintenance (PM) FOB: Destination FOB: Destination

SPEC NR: 1M18

MFR PART NR: 1M18

FOB: Destination

SPEC NR: 1M18

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002AF 4 Each

PM CED 1B12-B

FFP

FFP

Quarterly Preventative Maintenance (PM) FOB: Destination FOB: Destination

SPEC NR: 1B12

MFR PART NR: 1B12

FOB: Destination

MFR PART NR: 1B12

SPEC NR: 1B12

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION FORT HOOD I

FFP

FFP

Preventative Maintenance & Repair of Miscellaneous Food Processing (MFP)

Option Year 1: March 1, 2023 – February 28, 2024

UNIT UNIT PRICE EST. AMOUNT

1001AA 60 Hours

OPTION LABOR

T&M T&M Labor

LABOR

IAW FAR 16.601(a) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualification of a labor category specified in the contract that are-

(1) Performed by the contractor;

(2) Performed by the subcontractors; or

(3) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

FOB: Destination " DeCA will pay for labor hours as evidenced by service provider invoice for direct labor hours used to accomplish unscheduled repair services."

"Notwithstanding the contract's stated ceiling price, the Government's liability to the contractor is limited to $30,194.00, the total amount funded for the current contract period. The contractor shall not perform work under this contract that will cause it to exceed this amount, except at its own risk".

FOB: Destination

SPEC NR: J073

MFR PART NR: J073

J073

FOB: Destination

SPEC NR: J073

UNIT UNIT PRICE EST. AMOUNT

1001AB Lot

OPTION PARTS

T&M T&M This is not a priced CLIN. DeCA will pay actual costs for materials as evidenced by supplier invoice for direct materials and supplies used to accomplish repair services.

FOB: Destination " DeCA will pay for labor hours as evidenced by service provider invoice for direct labor hours used to accomplish unscheduled repair services."

"Notwithstanding the contract's stated ceiling price, the Government's liability to the contractor is limited to $30,194.00, the total amount funded for the current contract period. The contractor shall not perform work under this contract that will cause it to exceed this amount, except at its own risk" FOB: Destination

SPEC NR: J073

MFR PART NR: J073

FOB: Destination

SPEC NR: J073

UNIT UNIT PRICE EST. AMOUNT

1001AC 12 Each

OPTION TRAVEL

T&M

TRAVEL

T&M

FFP

Trip Charge for Repairs Only (Does not apply to PM Services) IAW PWS 1.2 C.

FOB: Destination " DeCA will pay for labor hours as evidenced by service provider invoice for direct labor hours used to accomplish unscheduled repair services."

"Notwithstanding the contract's stated ceiling price, the Government's liability to the contractor is limited to $30,194.00, the total amount funded for the current contract period. The contractor shall not perform work under this contract that will cause it to exceed this amount, except at its own risk" FOB: Destination

SPEC NR: J073

MFR PART NR: J073

FOB: Destination

SPEC NR: J073

UNIT UNIT PRICE ESTIMATED AMOUNT

1001AD 8 Each

OPTION PM CED 1M20-A/B/HV

FFP

FFP

Quarterly Preventative Maintenance (PM).

FOB: Destination FOB: Destination

SPEC NR: 1M20

MFR PART NR: 1M20

FOB: Destination

SPEC NR: 1M20

UNIT UNIT PRICE ESTIMATED AMOUNT

1001AE 8 Each

OPTION PM CED 1M18

FFP

FFP

Quarterly Preventative Maintenance (PM) FOB: Destination FOB: Destination

SPEC NR: 1M18

MFR PART NR: 1M18

FOB: Destination

SPEC NR: 1M18

UNIT UNIT PRICE ESTIMATED AMOUNT

1001AF 4 Each

OPTION PM CED 1B12-B

FFP

FFP

Quarterly Preventative Maintenance (PM) FOB: Destination FOB: Destination

SPEC NR: 1B12

MFR PART NR: 1B12

FOB: Destination

SPEC NR: 1B12

MFR PART NR: 1B12

UNIT UNIT PRICE ESTIMATED AMOUNT

1001AG 4 Each

OPTION PM CED 1B15

FFP

FFP

Quarterly Preventative Maintenance (PM) FOB: Destination FOB: Destination

SPEC NR: 1B15

MFR PART NR: 1B15

FOB: Destination

SPEC NR: 1B15

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION FORT HOOD II

FFP

FFP

Preventative Maintenance & Repair of Miscellaneous Food Processing (MFP)

Option Year 1: March 1, 2023 – February 28, 2024

UNIT UNIT PRICE EST. AMOUNT

1002AA 60 Hours

OPTION LABOR

T&M T&M IAW FAR 16.601(a) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualification of a labor category specified in the contract that are-

(1) Performed by the contractor;

(2) Performed by the subcontractors; or

(3) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

FOB: Destination " DeCA will pay for labor hours as evidenced by service provider invoice for direct labor hours used to accomplish unscheduled repair services."

"Notwithstanding the contract's stated ceiling price, the Government's liability to the contractor is limited to $29,525.00, the total amount funded for the current contract period. The contractor shall not perform work under this contract that will cause it to exceed this amount, except at its own risk".

FOB: Destination

SPEC NR: J073

MFR PART NR: J073

FOB: Destination

SPEC NR: J073

1002AB Lot

OPTION PARTS

T&M T&M This is not a priced CLIN. DeCA will pay actual costs for materials as evidenced by supplier invoice for direct materials and supplies used to accomplish repair services.

FOB: Destination " DeCA will pay for labor hours as evidenced by service provider invoice for direct labor hours used to accomplish unscheduled repair services."

"Notwithstanding the contract's stated ceiling price, the Government's liability to the contractor is limited to $29,525.00, the total amount funded for the current contract period. The contractor shall not perform work under this contract that will cause it to exceed this amount, except at its own risk" FOB: Destination

SPEC NR: J073

MFR PART NR: J073

FOB: Destination

SPEC NR: J073

1002AC 12 Each

OPTION TRAVEL

T&M T&M

FFP

Trip Charge for Repairs Only (Does not apply to PM Services) IAW PWS 1.2 C.

FOB: Destination " DeCA will pay for labor hours as evidenced by service provider invoice for direct labor hours used to accomplish unscheduled repair services."

"Notwithstanding the contract's stated ceiling price, the Government's liability to the contractor is limited to $29,525.00, the total amount funded for the current contract period. The contractor shall not perform work under this contract that will cause it to exceed this amount, except at its own risk" FOB: Destination

SPEC NR: J073

MFR PART NR: J073

FOB: Destination

SPEC NR: J073

1002AD 8 Each

OPTION PM CED 1M20-A/B/HV

FFP

FFP

Quarterly Preventative Maintenance (PM).

FOB: Destination FOB: Destination

SPEC NR: 1M20

MFR PART NR: 1M20

FOB: Destination

MFR PART NR: 1M20

SPEC NR: 1M20

1002AE 8 Each

OPTION PM CED 1M18

FFP

FFP

Quarterly Preventative Maintenance (PM) FOB: Destination FOB: Destination

SPEC NR: 1M18

MFR PART NR: 1M18

FOB: Destination

MFR PART NR: 1M18

SPEC NR: 1M18

1002AF 4 Each

OPTION PM CED 1B12-B

FFP

FFP

Quarterly Preventative Maintenance (PM) FOB: Destination FOB: Destination

SPEC NR: 1B12

MFR PART NR: 1B12

FOB: Destination

MFR PART NR: 1B12

SPEC NR: 1B12

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION FORT HOOD I

FFP

FFP

Preventative Maintenance & Repair of Miscellaneous Food Processing (MFP)

Option Year 2: March 1, 2024 – February 28, 2025

UNIT UNIT PRICE EST. AMOUNT

2001AA 60 Hours

OPTION LABOR

T&M T&M IAW FAR 16.601(a) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualification of a labor category specified in the contract that are-

(1) Performed by the contractor;

(2) Performed by the subcontractors; or

(3) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

FOB: Destination " DeCA will pay for labor hours as evidenced by service provider invoice for direct labor hours used to accomplish unscheduled repair services."

"Notwithstanding the contract's stated ceiling price, the Government's liability to the contractor is limited to $30,194.00, the total amount funded for the current contract period. The contractor shall not perform work under this contract that will cause it to exceed this amount, except at its own risk".

FOB: Destination

SPEC NR: J073

MFR PART NR: J073

J073

FOB: Destination

SPEC NR: J073

UNIT UNIT PRICE EST. AMOUNT

2001AB Lot

OPTION PARTS

T&M T&M This is not a priced CLIN. DeCA will pay actual costs for materials as evidenced by supplier invoice for direct materials and supplies used to accomplish repair services.

FOB: Destination " DeCA will pay for labor hours as evidenced by service provider invoice for direct labor hours used to accomplish unscheduled repair services."

"Notwithstanding the contract's stated ceiling price, the Government's liability to the contractor is limited to $30,194.00, the total amount funded for the current contract period. The contractor shall not perform work under this contract that will cause it to exceed this amount, except at its own risk" FOB: Destination

SPEC NR: J073

MFR PART NR: J073

FOB: Destination

SPEC NR: J073

UNIT UNIT PRICE EST. AMOUNT

2001AC 12 Each

OPTION TRAVEL

T&M T&M

FFP

Trip Charge for Repairs Only (Does not apply to PM Services) IAW PWS 1.2 C.

FOB: Destination " DeCA will pay for labor hours as evidenced by service provider invoice for direct labor hours used to accomplish unscheduled repair services."

"Notwithstanding the contract's stated ceiling price, the Government's liability to the contractor is limited to $30,194.00, the total amount funded for the current contract period. The contractor shall not perform work under this contract that will cause it to exceed this amount, except at its own risk" FOB: Destination

SPEC NR: J073

MFR PART NR: J073

FOB: Destination

SPEC NR: J073

UNIT UNIT PRICE ESTIMATED AMOUNT

2001AD 8 Each

OPTION PM CED 1M20-A/B/HV

FFP

FFP

Quarterly Preventative Maintenance (PM).

FOB: Destination FOB: Destination

SPEC NR: 1M20

MFR PART NR: 1M20

FOB: Destination

SPEC NR: 1M20

UNIT UNIT PRICE ESTIMATED AMOUNT

2001AE 8 Each

OPTION PM CED 1M18

FFP

FFP

Quarterly Preventative Maintenance (PM) FOB: Destination FOB: Destination

SPEC NR: 1M18

MFR PART NR: 1M18

FOB: Destination

SPEC NR: 1M18

UNIT UNIT PRICE ESTIMATED AMOUNT

2001AF 4 Each

OPTION PM CED 1B12-B

FFP

FFP

Quarterly Preventative Maintenance (PM) FOB: Destination FOB: Destination

SPEC NR: 1B12

MFR PART NR: 1B12

FOB: Destination

SPEC NR: 1B12

UNIT UNIT PRICE ESTIMATED AMOUNT

2001AG 4 Each

OPTION PM CED 1B15

FFP

FFP

Quarterly Preventative Maintenance (PM) FOB: Destination FOB: Destination

SPEC NR: 1B15

MFR PART NR: 1B15

FOB: Destination

SPEC NR: 1B15

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION FORT HOOD II

FFP

FFP

Preventative Maintenance & Repair of Miscellaneous Food Processing (MFP)

Option Year 2: March 1, 2024 – February 28, 2025

UNIT UNIT PRICE EST. AMOUNT

2002AA 60 Hours

OPTION LABOR

T&M T&M IAW FAR 16.601(a) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualification of a labor category specified in the contract that are-

(1) Performed by the contractor;

(2) Performed by the subcontractors; or

(3) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

FOB: Destination " DeCA will pay for labor hours as evidenced by service provider invoice for direct labor hours used to accomplish unscheduled repair services."

"Notwithstanding the contract's stated ceiling price, the Government's liability to the contractor is limited to $29,525.00, the total amount funded for the current contract period. The contractor shall not perform work under this contract that will cause it to exceed this amount, except at its own risk".

FOB: Destination

SPEC NR: J073

MFR PART NR: J073

FOB: Destination

SPEC NR: J073

UNIT UNIT PRICE EST. AMOUNT

2002AB Lot

OPTION PARTS

T&M T&M This is not a priced CLIN. DeCA will pay actual costs for materials as evidenced by supplier invoice for direct materials and supplies used to accomplish repair services.

FOB: Destination " DeCA will pay for labor hours as evidenced by service provider invoice for direct labor hours used to accomplish unscheduled repair services."

"Notwithstanding the contract's stated ceiling price, the Government's liability to the contractor is limited to $29,525.00, the total amount funded for the current contract period. The contractor shall not perform work under this contract that will cause it to exceed this amount, except at its own risk" FOB: Destination

SPEC NR: J073

MFR PART NR: J073

FOB: Destination

SPEC NR: J073

UNIT UNIT PRICE EST. AMOUNT

2002AC 12 Each

OPTION TRAVEL

T&M T&M

FFP

Trip Charge for Repairs Only (Does not apply to PM Services) IAW PWS 1.2 C.

FOB: Destination " DeCA will pay for labor hours as evidenced by service provider invoice for direct labor hours used to accomplish unscheduled repair services."

"Notwithstanding the contract's stated ceiling price, the Government's liability to the contractor is limited to $29,525.00, the total amount funded for the current contract period. The contractor shall not perform work under this contract that will cause it to exceed this amount, except at its own risk" FOB: Destination

SPEC NR: J073

MFR PART NR: J073

FOB: Destination

SPEC NR: J073

UNIT UNIT PRICE ESTIMATED AMOUNT

2002AD 8 Each

OPTION PM CED 1M20-A/B/HV

FFP

FFP

Quarterly Preventative Maintenance (PM).

FOB: Destination FOB: Destination

SPEC NR: 1M20

MFR PART NR: 1M20

FOB: Destination

SPEC NR: 1M20

UNIT UNIT PRICE ESTIMATED AMOUNT

2002AE 8 Each

OPTION PM CED 1M18

FFP

FFP

Quarterly Preventative Maintenance (PM) FOB: Destination FOB: Destination

SPEC NR: 1M18

MFR PART NR: 1M18

FOB: Destination

SPEC NR: 1M18

UNIT UNIT PRICE ESTIMATED AMOUNT

2002AF 4 Each

OPTION PM CED 1B12-B

FFP

FFP

Quarterly Preventative Maintenance (PM) FOB: Destination FOB: Destination

SPEC NR: 1B12

MFR PART NR: 1B12

FOB: Destination

SPEC NR: 1B12

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

OCT 2020

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-2 Evaluation - Commercial Items OCT 2014 52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (FEB 2021) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items

JAN 2021

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons OCT 2020 52.222-55 Minimum Wages Under Executive Order 13658 NOV 2020 52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May

2011) Alternate I

MAY 2011

52.223-10 Waste Reduction Program MAY 2011

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.

JUN 2016

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

JUN 2016

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-7 Payments Under Time-And-Materials And Labor Hour

Contracts

AUG 2012

52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.244-2 Subcontracts JUN 2020 52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

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

SEP 2013

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property JAN 2021 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017

252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7007 Liability and Insurance DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause--

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-4500 INSTALLATION ACCESS REQUIREMENTS (JAN 31 2012)

The contractor shall be responsible for ensuring full compliance with all installation access procedures. Installation access includes, but is not limited to, obtaining applicable installation passes and inspections for vehicles and personnel. Contractor employees may also be subject to background security checks/clearances in order to obtain credentials for passes. Some installations are using programs, such as RAPIDGate, which may result in a cost to the contractor. Any costs associated with such programs or with obtaining passes, will not be reimbursed separately and should be included in the contractor's proposed pricing for the product or services being acquired.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)

Technical and past performance, when combined, are . (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(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 post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

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

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

(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.