Attachment 0002 - Clauses Incorporated by Reference.pdf

Maduro Regime. Maduro Regime.

W912CH26QA054

CLAUSES INCORPORATED BY REFERENCE

CLAUSE

NO

ALT NO/

DEV NO CLAUSE TITLE YEAR-

MO SECTION

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. 2011-09 SEC I

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12 SEC I

252.203-7005

252.204-7008

252.204-7012

252.204-7018

252.204-7024 252.205-7000 252.223-7008 252.225-7001 252.225-7002 252.225-7012

252.225-7055 Representation Regarding Business Operations with the 2022-05 SEC K

252.225-7056 Prohibition Regarding Business Operations with the Maduro 2023-01 Regime.

252.225-7059 Prohibition on Certain Procurements from the Xinjiang 2023-06 Uyghur Autonomous Region-Representation.

252.225-7060 Prohibition on Certain Procurements from the Xinjiang 2023-06 Uyghur Autonomous Region.

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic 2023-01 SEC I Enterprises, and Native Hawaiian Small Business Concerns.

252 232-7003 Electronic Submission of Payment Requests and Receiving 2018-12 SEC G Reports.

252.232-7010 Levies on Contract Payments. 2006-12 SEC I 252.243-7002 Requests for Equitable Adjustment. 2022-12 SEC I 252.247-7023 Transportation of Supplies by Sea. 2024-10 SEC I

52 203-11 Certification and Disclosure Regarding Payments to Influence 2024-09 SEC K Certain Federal Transactions.

Prohibition on Contracting with Entities that Require Certain 52.203-18 Internal Confidentiality Agreements or Statements- 2017-01 SEC L

Representation.

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 2017-01 SEC I SEC I

52.203-3 Gratuities. 1984-04 SEC I 52.203-6 Restrictions on Subcontractor Sales to the Government. 2020-06 SEC I

52.203-6 ALT I Restrictions on Subcontractor Sales to the Government.

(Alternate I)

52.204-13 System for Award Management-Maintenance. (Deviation 2026-O0038)

52.204-7 System for Award Management-Registration. (Deviation 2026- O0038)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation 2026-O0038)

Protecting the Government's Interest When Subcontracting

2021-11

2026-02

2026-02

2026-02

DOCUMENT NUMBER

SEC

SEC K

Representation Relating to Compensation of Former DoD 2022 Officials.

-09 SEC K

Compliance with Safeguarding Covered Defense Information 2016 Controls. -10 SEC K

Safeguarding Covered Defense Information and Cyber 2024 Incident Reporting. -05 SEC I Prohibition on the Acquisition of Covered Defense 2023 Telecommunications Equipment or Services. -01 SEC I

Notice on the Use of the Supplier Performance Risk System. 2023 -03 SEC L Provision of Information to Cooperative Agreement Holders. 2024 -10 SEC I

Prohibition of Hexavalent Chromium. 2023 -01 SEC I Buy American and Balance of Payments Program. 2024 -02 SEC I

Qualifying Country Sources as Subcontractors. 2022 -03 SEC I Preference for Certain Domestic Commodities. 2022 -04 SEC I

SEC I

SEC I

SEC L

SEC I

SEC K

Representation Relating to Compensation of Former DoD 2022 Officials.

-09 SEC K

Compliance with Safeguarding Covered Defense Information 2016 Controls. -10 SEC K

Safeguarding Covered Defense Information and Cyber 2024 Incident Reporting. -05 SEC I Prohibition on the Acquisition of Covered Defense 2023 Telecommunications Equipment or Services. -01 SEC I

Notice on the Use of the Supplier Performance Risk System. 2023 -03 SEC L Provision of Information to Cooperative Agreement Holders. 2024 -10 SEC I

Prohibition of Hexavalent Chromium. 2023 -01 SEC I Buy American and Balance of Payments Program. 2024 -02 SEC I

Qualifying Country Sources as Subcontractors. 2022 -03 SEC I Preference for Certain Domestic Commodities. 2022 -04 SEC I

SEC I

SEC I

SEC L

52.209-6 With Contractors Debarred, Suspended, Proposed for 2026-02 SEC I Debarment, or Voluntarily Excluded. (Deviation 2026-O0038)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (Deviation 2026-O0038) 2026-02 SEC I

52.211-15 Defense Priority and Allocation Requirements. 2008-04 SEC I

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. (Deviation 2026-O0038)

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

2026-02

2026-02

52.217-4 Evaluation of Options Exercised Time of Award 2026-02 SEC M

52.219-6

52.219-8

52.222-19

52.222-3 52.222-35

52.222-36

52.222-37

52.222-40

52.222-50 52.222-54

52.222-90

52.223-23

52.226-8

52.229-12

52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2018-10 SEC I

2023-03 SEC I

52.233-3 Protest after Award. (Deviation 2026-O0038) 2026-02 SEC I

52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026-O0038)

52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026-O0038)

2026-02 SEC I

2026-02 SEC K

52.240-91 Security Prohibitions and Exclusions. (Deviation 2026-O0038) 2026-02 SEC I

52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038) 2026-04 SEC I

CLAUSES IN FULL TEXT

CLAUSE

NO CLAUSE TITLE ALT NO/

DEV NO

YEAR-

MO

CLAUSE TEXT

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation. 2021-05

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)

Notice of Total Small Business Set-Aside. (Deviation 2026- 2026- O0038)

02 SEC I

Utilization of Small Business Concerns. (Deviation 2026- 2026- O0038) 02 SEC I Child Labor-Cooperation with Authorities and Remedies. 2026-(Deviation 2026-O0038)

Convict Labor. (Deviation 2026-O0038) 2026-

03 SEC I

02 SEC I

Equal Opportunity for Veterans. (Deviation 2026-O0038) 2026- 02 SEC I

Equal Opportunity for Workers with Disabilities. (Deviation 2026- 2026-O0038) 02 SEC I

Employment Reports on Veterans. (Deviation 2026-O0038) 2026- 02 SEC I Notification of Employee Rights Under the National Labor 2026-Relations Act. (Deviation 2026-O0038) 02 SEC I

Combating Trafficking in Persons. (Deviation 2026-O0038) 2026- 02 SEC I Employment Eligibility Verification. (Deviation 2026-O0038) 2026- 02 SEC I

Addressing DEI Discrimination by Federal Contractors. 2026- (Deviation 2026-O0040, Revision 1) 04 SEC I

Sustainable Products. (Deviation 2026-O0038) 2026- 02 SEC I Encouraging Contractor Policies to Ban Text Messaging While 2024- Driving. 05 SEC I Tax on Certain Foreign Procurements. (Deviation 2026-O0038) 2026- 02 SEC I

SEC L

SEC I

Notice of Total Small Business Set-Aside. (Deviation 2026- 2026- O0038)

02 SEC I

Utilization of Small Business Concerns. (Deviation 2026- 2026- O0038) 02 SEC I Child Labor-Cooperation with Authorities and Remedies. 2026-(Deviation 2026-O0038)

Convict Labor. (Deviation 2026-O0038) 2026-

03 SEC I

02 SEC I

Equal Opportunity for Veterans. (Deviation 2026-O0038) 2026- 02 SEC I

Equal Opportunity for Workers with Disabilities. (Deviation 2026- 2026-O0038) 02 SEC I

Employment Reports on Veterans. (Deviation 2026-O0038) 2026- 02 SEC I Notification of Employee Rights Under the National Labor 2026-Relations Act. (Deviation 2026-O0038) 02 SEC I

Combating Trafficking in Persons. (Deviation 2026-O0038) 2026- 02 SEC I Employment Eligibility Verification. (Deviation 2026-O0038) 2026- 02 SEC I

Addressing DEI Discrimination by Federal Contractors. 2026- (Deviation 2026-O0040, Revision 1) 04 SEC I

Sustainable Products. (Deviation 2026-O0038) 2026- 02 SEC I Encouraging Contractor Policies to Ban Text Messaging While 2024- Driving. 05 SEC I Tax on Certain Foreign Procurements. (Deviation 2026-O0038) 2026- 02 SEC I

SEC L

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."

(a) Definitions. "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it will will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

https://www.sam.gov/

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

252.232-7006 Wide Area WorkFlow Payment Instructions. 2023-01

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.

https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

(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.

Combo

(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.

Combo

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

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

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

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

(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 W56TRU

Issue By DoDAAC W912CH

Admin DoDAAC See cover sheet

Inspect By DoDAAC See cover sheet

Ship To Code M900000

Inspect By DoDAAC See cover sheet

Ship To Code M900000

Ship From Code N/A

Mark For Code N/A_

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N/A

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.

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

Not Applicable

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

(End of clause)

52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use. 2008-04

Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use

(APR 2008)

Any contract awarded as a result of this solicitation will be

DX rated order;

DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of provision)

52.217-7 Option for Increased Quantity-Separately Priced Line Item. 1989-03

Option for Increased Quantity-Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 270 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.219-14 Limitations on Subcontracting. (Deviation 2026-O0038) 2026-02

Limitations on Subcontracting (Feb 2026) (Deviation 2026-O0038)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to-

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108;

(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;

(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for-

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-

By the end of the base term of the contract and then by the end of each subsequent option period; or

By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

52.229-11 Tax on Certain Foreign Procurements-Notice and Representation.

(Deviation 2026-O0038) 2026-02

Tax on Certain Foreign Procurements-Notice and Representation (Feb 2026) (Deviation 2026-O0038)

(a) Definitions. As used in this provision-

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the

IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It is is not a foreign person; and

(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 a full exemption, or partial or no exemption [Offeror must select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229- 12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction.

This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

52.209-4 First Article Approval-Government Testing. (Deviation 2026-http://www.irs.gov/w14 https://www.irs.gov/help/tax-law-https://www.irs.gov/help/tax-law-

(a) The Contractor shall deliver two (2) unit(s) of Lot/Item 0001AB within ninety (90) calendar days from the date of this contract to the Government at Detroit Arsenal, MI for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. This contract elsewhere specifies the characteristics that the first article must meet and the testing requirements.

(b) Within sixty (60) calendar days after the Government receives the first article, the Contracting Officer will notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract.

A notice of conditional approval will state any further action required of the Contractor. A notice of disapproval will cite reasons for the disapproval.

(c) If the Government disapproves the first article, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time the Government specifies. The Government will act on this first article within the time limit specified in paragraph (b) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor will have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor-

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the

Contractor's expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) above, the Contracting Officer will, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates, the contract price, or both, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(End of clause)