2nd dRFP Sections A-M.docx

M6700420R0007

Section B - Supplies or Services and Prices

Phase-InFFP Contract transition phase-in activities shall be In accordance with (IAW) Attachment 1 - Performance Work Statement (PWS) paragraph 4.8 Transition Period. Remanufacture, Overhaul or Repair (ROR), Teardown & Evaluation (TD&E) and Over & Above (O&A) contract requirements are NOT included in CLIN 0001.

Transition Phase-in Period of Performance: Authorization To Proceed (ATP) or 10 May 2021 – 31 May 2021. (The Transition Phase-in period is not included in the 5-year ordering period.)

TO DFAS AND THE CONTRACTOR: Multiple shipments and multiple payments are authorized for all CLINs.

FOB: Destination

PSC CD: R706

MAX

NET AMT

Integrator ROR ServiceFFP Perform logistics consulting services as the single Integrator managing and operating the remanufacture, overhaul, or repair (ROR) and tear down & evaluate (TD&E) repair process for Logistics Integrated Support (LIS) Secondary Repairable (SECREP) customers in accordance with Attachment 1 - Performance Work Statement (PWS) subparagraph 1.5.

Each Task Order issued under CLIN 0002 is governed by the base Indefinite Quantity Contract (IQC) terms and conditions.

TO DFAS AND THE CONTRACTOR: Multiple shipments and multiple payments are authorized for all CLINs.

MAX

Integrator O&A ServiceFFP Perform logistics consulting services as the single Integrator managing and operating the over and above (O&A) repair process for Logistics Integrated Support (LIS) Secondary Repairable (SECREP) customers in accordance with Attachment 1 - Performance Work Statement (PWS) subparagraph 5.3. The price of each O&A job will be negotiated before any O&A job commence under CLIN 0003 IAW DFARS clause 252.217-7028 entitled "Over and Above Work".

Each Task Order issued under CLIN 0003 is governed by the base IDC terms and conditions. TO DFAS AND THE CONTRACTOR: Multiple shipments and multiple payments are authorized for all CLINs.

MAX

UNDEFINED

Exhibit A - DataFFP Contract Data Requirements Lists (CDRLs) applicable to CLINs 0001-0003 and CLINs 0005 0006 if options are exercised. Data requirement period of performance (PoP) is in accordance with the applicable CLIN.

MAX

See Exhibit A

Option to extend CLIN 0002 services in accordance with contract 52.217-8 entitled "Option to Extend Services". TO DFAS AND THE CONTRACTOR: Multiple shipments and multiple payments are authorized for all CLINs.

MAX

Option to extend CLIN 0003 services in accordance with contract 52.217-8 entitled "Option to Extend Services". TO DFAS AND THE CONTRACTOR: Multiple shipments and multiple payments are authorized for all CLINs.

MAX

Other Direct Costs (CONUS Shipping)COST Shipping costs (CONUS) only. Shipping costs should not be included in any other CLIN price. Note: All Option CLIN shipping costs are included in this CLIN.

MAX COST

Section C - Descriptions and Specifications

LOGCOM STANDARD LANGUAGE

TERMS AND CONDITIONS

In accordance with Attachment 1 - Performance Work Statement (PWS).

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

F-1 DELIVERY INFORMATION

1.1 Period of Performance (P0P): The period of performance includes a three (3) week transition period, a five (5) year base ordering period and a six (6) month optional ordering period to extend services.

CLIN 0001 (Transition- Phase-In Period) – Authorization to Proceed (ATP) – 31 May 2021 CLIN 0002 (ROR Support Services) – 1 June 2021 – 31 May 2026 CLIN 0003 (O&A Support Services) – 1 June 2021 – 31 May 2026 CLIN 0004 (CDRLs) – ATP – 31 May 2026 (include Options if exercised) CLIN 0005 (Option to Extend Services: ROR Support) – starting 1 June 2026 up to 6 months max.

CLIN 0006 (Option to Extend Services: O&A Support) – starting 1 June 2026 up to 6 months max.

CLIN 0007 (ODC- Shipping Only) – 1 June 2021 – 31 May 2026 (include Option PoP as required.)

1.2 Place of Performance: The contractor is required to conduct exchanges at the following six locations both CONUS and OCONUS: Camp Pendleton, California; Barstow, California; Camp Lejeune, North Carolina; Albany, Georgia (induction point for Wholesale (MPB), Blount Island Command (BIC) and MARFORRES); KMCAS, Kaneohe, Hawaii, and Okinawa, Japan. The contract includes all clauses and instructions for Defense Contractors performing outside the United States. The contract specifically addresses the bi-lateral Status of Forces Agreement (SOFA) and contract clauses for contract performance within the country of Japan/Okinawa. Specific guidance for the Combatant Commander (Indo-Pacific Command) in whose area the contractor will be performing services, including prevailing regulations, policies, requirements, host nation laws, orders/fragmentary orders, combatant commander’s directives, unique clauses, and other considerations are either referenced or included in the contract.

1.3 Exchange Locations: The contractor is required to conduct exchanges at the following 6 locations:

1. Camp Pendleton, California: MMFAG8

2. Camp Lejeune, North Carolina: MMFAF5

3. Okinawa: MMFAF7

4. Albany, Georgia: M98573 (MPB)

5. Barstow, California: M93636

6. KMCAS, Kaneohe, Hawaii, MMFAG2

1.4 Exchange Occurrence:

Exchanges will occur during normal working hours. In the rare event there is a requirement for exchange outside of normal working hours, authorization to proceed shall be approved by the Contracting Officer and adjustments to the fixed price may be considered.

DELIVERY INFORMATION

31-MAY-2021

31-MAY-2026

31-MAY-2026

30-NOV-2026

30-NOV-2026

31-MAY-2026

Section G - Contract Administration Data

G- 1 ADDRESS OF ACO AND PCO

(a) After award, all inquiries and correspondence relative to administration of this contract shall be directed to the Administrative Contracting Officer cited in Block 24 of Standard Form 33 or Block 6 of Standard Form 26 with a copy to the address shown in (b).

(b) Upon award, address of the Procuring Contracting Officer will be as follows:

G-2 THE ACCOUNTING AND APPROPRIATION DATE WILL BE CITED AT CONTRACT AWARD.

G-3 TECHNICAL DIRECTION: ROR services shall be initiated by the Contractor upon receipt of technical direction from the Contracting Officer’s Representative (COR)/Contracting Officer’s Technical Representative (COTR). The COR/COTR technical direction will be provided using the ZBE format (Appendix 8 of PWS). Each ZBE will be tied to the contract and the associated Contract Line Item Number (CLIN). The ZBE will be sent from the COR/COTR via facsimile, mail or electronic commerce (typically email) and will contain the following information, if applicable, consistent with the terms of the contract:

a. Document Number (containing the RUC and Julian date)

b. National Stock Number

c. Quantity (always 1)

During the period of performance specified in the contract, the Contractor shall accept items listed on the NSN Detail list (Attachment 2) for ROR from government personnel authorized to turn in equipment, as long as the total expected ROR price of that item, plus the previous ROR, TD&E or approved O&A price do not exceed the overall value remaining on that Contract/CLIN. The Contractor shall not accept items for ROR which are (1) not explicitly on contract, (2) that would result in a total Contract/CLIN value in excess of the remaining funds available on the associated CLIN, or (3) that are initiated outside the period of performance. When the Contractor expects total funding expended for a particular CLIN to reach 85 percent of the total funds available on that CLIN the Contractor shall notify the Contracting Officer and the COR and any other Government official identified by the Contracting Officer. The Contractor shall not exceed or incur price that exceed the amount of funding stated on each CLIN. Once either the period of performance or order value of a CLIN is reached no further work shall be accepted, completed, or billed under that CLIN until additional funds are applied to that CLIN via contract modification. Any remaining CLIN value shall revert back to the Government to be applied to future performance periods until the ceiling amount of $450,000,000 is reached (Note: Ceiling amount is $495,000,000 if Option CLINs 0005 and 0006 are exercised.) The funding will be deobligated via bilateral modification to the contract.

G-4 BILLING INFORMATION: When an invoice is submitted to WAWF the Contractor shall submit, as an attachment in WAWF, a list of all completed ROR, TD&E and approved O&A charges by individual item referencing the “Contractor’s transaction identification number” and the Government’s document number as supporting documentation for the Government.

A 1% reduction in price (per NSN) will be applied on Day 4 of any missed contractual turnaround times (TAT) that are not approved by the COR prior to invoice submission.

G-5 NEW AND REPLACEMENT ITEMS: The scope of this contract covers Marine Corps Ground Equipment Secondary Reparable items. When new items are fielded by the Marine Corps to replace similar items currently included in this contract, those replacement items shall be considered within the scope of this contract. When new Marine Corps Ground Equipment SECREP items of a type included on this contract other than replacements for items currently included in this contract require ROR, the contracting officer will make a determination as to whether the items are within the original scope of this contract based on their similarity to existing items in type, purpose, estimated ROR price, and complexity. New or replacement items will be added to the contract in accordance with sections 5.8 and 5.9. Identified in the NSN Detail Listing (Attachment 2) are those NSNs that require OEM as the source of repair; approval must be obtained from the contracting officer prior to using another source. Additional requirements for each line item are listed on the NSN Detail Listing.

G-6 ADDITION OF ITEMS TO THE CONTRACT: When an item not currently listed in the NSN list (Attachment 2) requires ROR, the Contracting Officer shall negotiate a bilateral modification to the contract to add the additional SECREP item IAW the changes clause (52.243-1). The Contractor shall comply with all applicable contract clauses, including contract clause 52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data-Modifications: Alternate III, for each modification expected to result in a unit price totaling in excess of $2,000,000 the Contractor shall include information (other than cost or pricing data) necessary to determine whether prices are fair and reasonable. This information shall consist of three competitively obtained quotes from different subcontractors, or proof of commercial sales of the same item at the same or higher price in a competitive marketplace within the past year, or a statement of the reason neither of the previous two could be obtained and the Contractor’s opinion based on market research as to how the quoted price is determined to be fair and reasonable IAW FAR 15.404-1(b); and any additional burden or overhead and profit (as a percentage or dollar value) resulting in the total proposed price.

G-7 IMPLEMENTATION OF DFARS 252.217-7028: Standard Over and Above (O&A) work is considered to include only actual parts and materials costs. No labor for providing quotes or researching, obtaining and installing parts or integrator indirect costs such as overhead, G&A, etc., shall be included as O&A charges. In those instances where the customer requests special packaging it is treated like any other O&A charge in that it will include a fixed price amount from the 3rd party vendor and will not include any prime Contractor/integrator labor or indirect costs.

The offeror is allowed to propose an integrator “mark-up” rate. See Solicitation Attachment 7 Pricing Workbook

This Section sets forth the procedures specified in DFARS PGI 217-7701 and DFARS Clause 252.217-7028 paragraph (b) for Standard O&A work. The need for Over and Above work shall be identified within 30 days of item turn in. When the Contractor discovers that Over and Above work, as defined in the subject clause and elsewhere in the contract, is required to return an item to the specified condition, the Contractor shall, within 5 working days, submit to the Contracting Officer’s Representative (COR) an Over and Above work request with supporting photos as necessary, in the format specified (Appendix 6 of PWS), and including the following other than cost or pricing information authorized by FAR Clause 52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data-Modifications (Alternate III). For each work request totaling in excess of $2,000,000 the Contractor shall include information (other than cost or pricing data) necessary to determine whether material prices are fair and reasonable. This information shall consist of three competitively obtained quotes from different subcontractors, or proof of commercial sales of the same item at the same price in a competitive marketplace within the past year, or evidence that prices were obtained from a current published commercial catalogue, or a statement of the reason none of the previous could be obtained and the Contractor’s opinion based on market research as to how the quoted price is determined to be fair and reasonable IAW FAR 15.404-1(b). The Over and Above work request shall also include a proposed new TAT, consisting of the estimated time to obtain and install the parts, complete any other work specified by the contract, and to return the item to its originating location. Where a digital image aids in the determination of the justification of the parts it should be included in the Over and above work request. Upon approval of the O&A work request by the contracting officer, the price and TAT are fixed and contractually binding. If the Contractor believes that an item is Beyond Economical Repair (BER) or Beyond Physical Repair (BPR) the O&A work request will state as much and provide justification. When O&A work is required, the Contractor will cease any ROR action and obtain authorization to proceed from the government contracting officer.

G-8 GOVERNMENT FURNISHED MATERIAL (GFM)

Requisitions for Government Furnished Material from the supply system which are requisitioned by a Contractor, or are to be shipped to a Contractor must be submitted to the Management Control Activity (MCA) specified below:

No Penalties for Government caused delays by the use of MCA. There will not be an impact to the KTRs TAT.

G-9 IMPLEMENTATION OF DFARs CLAUSE 252.216-7006: Issuance of individual task orders (TOs) will be issued by geographical location/customer to provide funding for effort performed under CLINs 0002 and 0003 (0005 and 0006 if exercised).

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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):

COMBO

(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.

(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 item financing, submit a commercial item financing request.

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

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(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*

(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. FELECITY N. BURNS Phone: 229.639-6783 felecity.burns@usmc.mil

(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)

Section I - Contract Clauses

I-1 EXCESS GOVERNMENT FURNISHED MATERIAL (GFM)

Within 10 days after final delivery, the contractor shall notify the Procuring Contracting Officer (PCO) of any excess Government furnished property and will retain the excess quantity pending disposition instructions from the PCO.

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST) (APR 2014)

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

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

(2) Quick Search (http://quicksearch.dla.mil/);

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

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

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

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

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of an Indefinite Delivery Indefinite Quantity (IDIQ) contract resulting from this solicitation.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000.00 (insert dollar figure or quantity), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of ___N/A____ (insert dollar figure or quantity);

(2) Any order for a combination of items in excess of $495,000,000.00 (insert dollar figure or quantity); or

(3) A series of orders from the same ordering office within ____N/A___ days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 60 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 Nov 2026.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

(End of Clause)

52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)

(a) The Contractor shall notify the Contracting Officer or designee, in writing, 10* days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either (1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or (2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-0107).

* The Contracting Officer shall insert the number of days required in advance of delivery of the item or completion of the servicing to assure that required licenses are obtained and appropriate personnel are notified to institute any necessary safety and health precautions. See FAR 23.601(d).

(b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause. Any such request shall-

(1) Be submitted in writing;

(2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed; and

(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.

(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract.

(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause.

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003)

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

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

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

(b) Contractor's obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for the period of time for each item stated in the NSN list (Appendix 2)

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

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

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

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

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

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 45 days after discovery of the defect.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

52.246-20 WARRANTY OF SERVICES (MAY 2001)

(a) Definition.

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

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor 45 days after discovery of the defect. This notice shall state either (1) that the Contractor shall correct or re-perform any defective or nonconforming services, or (2) that the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.216-7006 ORDERING (SEP 2019)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from 1 June 2021 through 31 May 2026.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Data Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

(End of Clause)

252.237-7023 CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010)

(a) Definitions. As used in this clause-

(1) Essential contractor service means a service provided by a firm or individual under contract to DoD to support mission-essential functions, such as support of vital systems, including ships owned, leased, or operated in support of military missions or roles at sea; associated support activities, including installation, garrison, and base support services; and similar services provided to foreign military sales customers under the Security Assistance Program. Services are essential if the effectiveness of defense systems or operations has the potential to be seriously impaired by the interruption of these services, as determined by the appropriate functional commander or civilian equivalent.

(2) Mission-essential functions means those organizational activities that must be performed under all circumstances to achieve DoD component missions or responsibilities, as determined by the appropriate functional commander or civilian equivalent. Failure to perform or sustain these functions would significantly affect DoD's ability to provide vital services or exercise authority, direction, and control.

(b) The Government has identified all or a portion of the contractor services performed under this contract as essential contractor services in support of mission-essential functions. These services are listed in Performance Work Statement (PWS) Appendix 5, Mission-Essential Contractor Services, dated 29 July 2020.

(c)(1) The Mission-Essential Contractor Services Plan submitted by the Contractor, is incorporated in this contract.

(2) The Contractor shall maintain and update its plan as necessary. The Contractor shall provide all plan updates to the Contracting Officer for approval.

(3) As directed by the Contracting Officer, the Contractor shall participate in training events, exercises, and drills associated with Government efforts to test the effectiveness of continuity of operations procedures and practices.

(d)(1) Notwithstanding any other clause of this contract, the Contractor shall be responsible to perform those services identified as essential contractor services during crisis situations (as directed by the Contracting Officer), in accordance with its Mission-Essential Contractor Services Plan.

(2) In the event the Contractor anticipates not being able to perform any of the essential contractor services identified in accordance with paragraph (b) of this clause during a crisis situation, the Contractor shall notify the Contracting Officer or other designated representative as expeditiously as possible and use its best efforts to cooperate with…