Combined Synopsis-Solicitation_Alaris PM POSTED JUNE 10 2024.pdf

RFQ No. HT941024Q2032

Combined Synopsis/Solicitation Preventive Maintenance for Carefusion Alaris Infusion Pumps

This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued. This enclosure is an addendum to FAR provision 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services, which applies to this acquisition.

Competitive quotes are being requested under Request for Quote (RFQ) HT941024Q2032. The North American Industry Classification System (NAICS) code applicable to this acquisition is 811210, Electronic and Precision Equipment Repair and Maintenance and the small business size standard is $34 million. This procurement is a Small Business Set-Aside. Only quotes submitted by Small Business Concerns will be accepted by the Government. Any quote that is submitted by a non-Small Business Concern will not be considered for award.

DESCRIPTION OF REQUIREMENTS

The Government is seeking to acquire Preventive Maintenance for 1,480 Carefusion Alaris Infusion Pumps in accordance with the attached Statement of Work (Attachment 01). To be considered acceptable and eligible for award, quotes must provide all of the items and quantities listed below. The Government will not consider quotes or offers for partial items or quantities. Anticipated contract line items are as follows:

ITEM NO. DESCRIPTION PERIOD OF PERFORMANCE QUANTITY UNIT OF

ISSUE

0001 Preventive Maintenance IAW the Statement of Work 1 July 2024 – 30 June 2025 1 JOB

1001 Preventive Maintenance IAW the Statement of Work 1 July 2025 –30 June 2026 1 JOB

2001 Preventive Maintenance IAW the Statement of Work 1 July 2026 – 30 June 2027 1 JOB

3001 Preventive Maintenance IAW the Statement of Work 1 July 2027 – 30 June 2028 1 JOB

4001 Preventive Maintenance IAW the Statement of Work 1 July 2028 – 30 June 2029 1 JOB

The anticipated place of performance for the effort is:

Naval Medical Center, San Diego 34800 Bob Wilson Drive San Diego, CA 92134.

OFFEROR INSTRUCTIONS

The Government intends to award a Firm Fixed Price (FFP) contract resulting from this solicitation to the responsible offeror whose quotation conforming to the solicitation is most advantageous to the Government as defined in the “EVALUATION FACTORS FOR AWARD” Section below. A complete quote must be received for consideration. Respond to each item listed below, if the response is “None” or “Not applicable,” explicitly state and explain. The Government may consider quotes that fail to address or follow all instructions to be non-responsive and ineligible for contract award. A complete quote includes a response and submission to each of the following:

1. General Information: Offeror Business Name, Address, Cage and DUNS Codes (ensure Representation and Certifications are up to date in SAM.gov), Business Size and Type of Small Business based on applicable NAICS Code as provided above, Federal Tax ID, Primary Point of Contract (to include telephone and e-mail address) and provide a GSA contract number if some or all items proposed are on the GSA schedule. FAR provision 52.212-3, Alternate I, Offeror Representations and Certifications –

Commercial Products and Commercial Services, applies to this acquisition. Offerors must include a completed copy of this provision with offer.

2. Technical Documentation:

a. Technical Approach or Specifications: Include a separate concise, clear, and descriptive narrative technical approach on how all the services will be provided. Offerors are encouraged to submit pictures, brochures, or and other pertinent technical information of the quoted services to facilitate the evaluation. The quote must address and meet the requirements/specifications as defined under Technical Factor I below.

b. Sustainable Acquisitions Information and Certification: The contractor shall comply with all sustainable acquisition policies in an effort to minimize the Government’s environmental impact and deliver community benefits through better selection and improved usage of products and services. In accordance FAR Part 23, sustainable acquisition policies apply to both contracts for products and services that require the delivery, use, or furnishing of products/services to the Government. Indicate if any the following sustainable acquisition categories apply to any products or services proposed: Energy Efficient, Water Efficient, Recycled, Bio-Based, Environmentally Preferable, Non-ozone depleting substances, Less Toxic and/or Less GHGs.

3. Price Quote: Submit complete pricing for each individual item listed in the “DESCRIPTION OF REQUIREMENTS” Section above to include the unit of issue, the extended price for each line item and a total price in US Dollars ($). Note: Ensure FOB Destination shipping costs are included in the pricing.

4. Commercial Warranty: If available, provide the terms and length of the Workmanship and/or Manufacturer Warranty on the product(s) and/or services proposed included in the proposed purchase price.

EVALUATION FACTORS FOR AWARD:

Basis for Award: The Government intends to award a contract to the responsive, responsible vendor, whose quote conforming to the RFQ is most advantageous to the Government, price and other factors considered. Technical, price and past performance factors will be used to evaluate quotes. The vendor must be registered in the System for Award Management (SAM). The Government reserves the right to award no contract at all, depending on the quality of quotes submitted and availability of funds.

Award will be made to the Offeror providing an offer that is deemed most advantageous to the Government whose Technical submittal has been determined to be “Acceptable” and trading off Past Performance against Price. Past Performance will be significantly more important than Price.

This may result in an award to a higher-rated, higher-priced offer if the Government determines that the past performance of the higher-priced offer outweighs the price difference. The selection process is subjective by nature and professional judgment is implicit throughout the tradeoff process. The Task Order will be awarded to the Offeror whose proposal, based upon the evaluation criteria, represents the best value to the Government.

Award may be made without discussions with Offerors (except limited exchanges conducted for the purpose of minor clarification). Therefore, the offer should contain the Offeror's best terms and conditions.

Factor I – Technical: The Government will evaluate the quote and verify if the following specification requirements are met to include all information required for a complete quote as defined in paragraph 2 above:

Factor II – Price: The Government will evaluate the total price to determine if it is fair and reasonable. The price quote shall include a unit price for each item and a total firm-fixed-price for all line items. The total firm-fixed-price shall include all applicable taxes, shipping, and handling costs to the shipping address listed above as outlined in paragraph 3 above.

Factor III – Past Performance: The Government will evaluate past performance, beginning with the lowest priced quote, by reviewing sources that may include, but are not limited to, information from Government personnel and information from sources such as the Federal Awardee Performance and Integrity Information System (FAPIIS).

DUE DATE AND SUBMISSION INFORMATION

Eligible Offerors: All offerors must have a completed registration in the System for Award Management (SAM) website prior to award of contract. Information can be found at https://www.sam.gov/. Complete SAM registration means offerors shall have registered CAGE and DUNS Codes.

Page Limitations: Ensure to stay within the page limitations as follows: None

Formatting Requirements: Submit quotes in electronic PDF or Excel format; and text shall be formatted on an 8 ½ by 11 inch page in 12 point Times New Roman font.

Questions Due Date and Submission Requirements: All questions must be received before 14 June 2024 at 10:00AM,, Pacific Time. Questions must be emailed to Isabella.Krogulec.civ@health.mil Include RFQ# HT941024Q2032 on all inquiries. Questions may be addressed at the discretion of the Government.

RFQ Due Date and Submission Requirements: This RFQ closes on 21 June 2024 at 10:00AM Pacific Time.

Quotes must be emailed to Isabella.Krogulec.civ@health.mil. Include RFQ# HT941024Q2032 in the subject line.

No quotes will be accepted once the RFQ closes.

Government RFQ Point of Contract: The point of contact for this solicitation is Name of Isabella Krogulec at Isabella.Krogulec.civ@health.mil and Elliott Penetrante at Elliott.G.Penetrante.civ@health.mil. Reference RFQ# HT941024Q2032 on all email exchanges regarding this acquisition.

RFQ ATTACHMENTS

1. Statement of Work

APPLICABLE PROVISIONS AND CLAUSES

This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2024-03 and Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN) 20240326. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses can be accessed in full text at https://www.acquisition.gov/content/regulations.

The following FAR and DFARS Provisions, incorporated by reference, apply to this acquisition:

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions SEP 2007

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-20 Predecessor of Offeror AUG 2020

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment NOV 2021

52.204-26 Covered Telecommunications Equipment or Services--Representation OCT 2020 52.209-7 Information Regarding Responsibility Matters OCT 2018 about:blank mailto:Isabella.Krogulec.civ@health.mil about:blank

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services SEP 2023 52.212-2 Evaluation—Commercial Products and Commercial Services NOV 2021

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services NOV 2023

52.217-5 Evaluation of Options JUL 1990 52.222-25 Affirmative Action Compliance APR 1984

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications JUN 2020

52.233-2 Service of Protest SEP 2006 52.252-5 Authorized Deviations in Provisions NOV 2020 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016 252.204-7016 Covered Defense Telecommunications Equipment or Services--Representation DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation MAY 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7024 Notice on the use of the Supplier Performance Risk System MAR 2023 252.215-7007 Notice of Intent to Resolicit MAR 2022 252.225-7000 Buy American--Balance of Payments Program Certificate--Basic NOV 2014 252.225-7055 Representation Regarding Business Operations with the Maduro Regime MAY 2022

252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems— Representation. (DEVIATION 2020-O0015) MAY 2020

252.239-7098 Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites - Representation

(DEVIATION 2021-O0003)

APR 2021

The following FAR and DFARS Clauses, incorporated by reference, apply to this acquisition:

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-21 Basic Safeguarding of Covered Contractor Information Systems NOV 2021 52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services NOV 2023 52.217-9 Option to Extend the Term of the Contract MAR 2000 52.223-6 Drug-Free Workplace MAY 2001 52.232-18 Availability of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.242-13 Bankruptcy JUL 1995 52.247-34 F.o.b. Destination NOV 1991 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) APR 1984 52.249-2 Termination for Convenience of the Government (Fixed-Price) APR 2012 52.252-2 Clauses Incorporated by Reference FEB 1998 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 DEC 2022 252.204-7003 Control of Government Personnel Work Product APR 1992

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services JAN 2023

252.204-7022 Expediting Contract Closeout MAY 2021

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

252.225-7001 Buy American and Balance of Payments Program--Basic JAN 2023 252.225-7012 Preference for Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets and Tungsten JAN 2023 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime JAN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region JUN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018 252.232-7007 Limitation of Government’s Obligation APR 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.246-7008 Sources of Electronic Parts JAN 2023

FAR Clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Jan 2022), applies to this acquisition and includes the following clauses by reference:

52.203-6 Restrictions on Subcontractor Sales to the Government JUN 2020 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2020

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities NOV 2021

52.204-25 Prohibition of Contracting for Certain Telecomunications and Video Surveillance Services or Equipment NOV 2021

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters OCT 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.219-6 Notice of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns OCT 2022 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving JUN 2020 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-33 Payment by Electronic Funds Transfer—System for Award Management OCT 2018 52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023 52.233-3 Protest after Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

The following FAR and DFARS Clauses, incorporated by full text, apply to this acquisition:

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

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of clause)

52.232-22 Limitation of Funds (APR 1984)

(a) The parties estimate that performance of this contract will not cost the Government more than (1) the estimated cost specified in the Schedule or, (2)if this is a cost-sharing contract, the Government’s share of the estimated cost specified in the Schedule. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within the estimated cost, which, if this is a cost-sharing contract, includes both the Government’s and the Contractor’s share of the cost.

(b) The Schedule specifies the amount presently available for payment by the Government and allotted to this contract, the items covered, the Government’s share of the cost if this is a cost-sharing contract, and the period of performance it is estimated the allotted amount will cover. The parties contemplate that the Government will allot additional funds incrementally to the contract up to the full estimated cost to the Government specified in the Schedule, exclusive of any fee. The Contractor agrees to perform, or have performed, work on the contract up to the point at which the total amount paid and payable by the Government under the contract approximates but does not exceed the total amount actually allotted by the Government to the contract.

(c) The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that the costs it expects to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed 75 percent of (1) the total amount so far allotted to the contract by the Government or, (2)if this is a cost-sharing contract, the amount then allotted to the contract by the Government plus the Contractor’s corresponding share. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Schedule.

(d) Sixtydays before the end of the period specified in the Schedule, the Contractor shall notify the Contracting Officer in writing of the estimated amount of additional funds, if any, required to continue timely performance under the contract or for any further period specified in the Schedule or otherwise agreed upon, and when the funds will be required.

(e) If, after notification, additional funds are not allotted by the end of the period specified in the Schedule or another agreed-upon date, upon the Contractor’s written request the Contracting Officer will terminate this contract on that date in accordance with the provisions of the Termination clause of this contract. If the Contractor estimates that the funds available will allow it to continue to discharge its obligations beyond that date, it may specify a later date in its request, and the Contracting Officer may terminate this contract on that later date.

(f) Except as required by other provisions of this contract, specifically citing and stated to be an exception to this clause-

(1) The Government is not obligated to reimburse the Contractor for costs incurred in excess of the total amount allotted by the Government to this contract; and

(2) The Contractor is not obligated to continue performance under this contract (including actions under the Termination clause of this contract) or otherwise incur costs in excess of-

(i) The amount then allotted to the contract by the Government or;

(ii) If this is a cost-sharing contract, the amount then allotted by the Government to the contract plus the Contractor’s corresponding share, until the Contracting Officer notifies the Contractor in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the Government to this contract.

(g) The estimated cost shall be increased to the extent that (1) the amount allotted by the Government or, (2)if this is a cost-sharing contract, the amount then allotted by the Government to the contract plus the Contractor’s corresponding share, exceeds the estimated cost specified in the Schedule. If this is a cost-sharing contract, the increase shall be allocated in accordance with the formula specified in the Schedule.

(h) No notice, communication, or representation in any form other than that specified in paragraph (f)(2) of this clause, or from any person other than the Contracting Officer, shall affect the amount allotted by the Government to this contract. In the absence of the specified notice, the Government is not obligated to reimburse the Contractor for any costs in excess of the total amount allotted by the Government to this contract, whether incurred during the course of the contract or as a result of termination.

(i) When and to the extent that the amount allotted by the Government to the contract is increased, any costs the Contractor incurs before the increase that are in excess of-

(1) The amount previously allotted by the Government or;

(2) If this is a cost-sharing contract, the amount previously allotted by the Government to the contract plus the Contractor’s corresponding share, shall be allowable to the same extent as if incurred afterward, unless the Contracting Officer issues a termination or other notice and directs that the increase is solely to cover termination or other specified expenses.

(j) Change orders shall not be considered an authorization to exceed the amount allotted by the Government specified in the Schedule, unless they contain a statement increasing the amount allotted.

(k) Nothing in this clause shall affect the right of the Government to terminate this contract. If this contract is terminated, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the contract, based upon the share of costs incurred by each.

(l) If the Government does not allot sufficient funds to allow completion of the work, the Contractor is entitled to a percentage of the fee specified in the Schedule equalling the percentage of completion of the work contemplated by this contract.

(End of clause)

252.232-7006 Wide Area WorkFlow Payment Instructions (JAN 2023)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) For fixed price line items—

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

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

Invoice 2in1

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

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

https://www.acquisition.gov/dfars/252.232-7003-electronic-submission-payment-requests-and-receiving-reports.#DFARS_252.232-7003 https://www.acquisition.gov/dfars/252.232-7003-electronic-submission-payment-requests-and-receiving-reports.#DFARS_252.232-7003

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

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

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC TBD

Issue By DoDAAC HT9410

Admin DoDAAC** HT9410

Inspect By DoDAAC HT0500

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) HT0500

Service Acceptor (DoDAAC) HT0500

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(g) WAWF point of contact.

TBD

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

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

(End of clause)

252.232-7007 Limitation of Governments Obligation (APR 2014)

(a) Contract line item(s) TBD is/are incrementally funded. For this/these item(s), the sum of $ TBD the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph

(j) of this clause.

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

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

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

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

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

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

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

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

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

On execution of contract $ ________

(month) (day), (year) $ ________

(month) (day), (year) $ ________

(month) (day), (year) $ ________

(End of clause)