3rd dRFP M67004-20-R-0007.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. 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.) CLIN 0001 direct funding obligated at the time of contract award.

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

FOB: Destination

PSC CD: R706

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) as specified in individual task orders.

The minimal funding in the amount of $5,000.00 will be obligated upon assuance of the first Task Order no later than 30 days after contract award.

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

MAX

NET AMT

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".

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

MAX

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. The price/costs for all data generated by the Contractor directly or indirectly in its performance of this procurement effort is included in the price/costs paid by the Government under CLINs 0001-0003 and CLINs 0005 and 0006 if options are exercised.

NET AMT

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 for SECREP repair jobs within the contiguous United States (CONUS) only. CONUS shipping costs should not be included in any other CLIN price. No fee or markups allowed under this CLIN. The combined value of all CONUS shipping costs placed under this CLIN shall not exceed the estimated cost of $8,412,000.00.

MAX COST

Section C - Descriptions and Specifications

LOGCOM STANDARD LANGUAGE

TERMS AND CONDITIONS

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

Section D - Packaging and Marking

CLAUSES INCORPORATED BY REFERENCE

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

F-1 DELIVERY INFORMATION

Place of Performance: The contractor is required to conduct exchanges at the following six locations both CONUS and OCONUS:

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

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 access to the Synchronized Predeployment and Operational Tracker (SPOT) can be found in DFARS 252.225-7976 and 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States. 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.

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 implementation of the limitation of government’s obligaton

In accordance with FAR 252.232-7007, During the period of performance specified in the contract, the Contractor shall accept items listed on the National Stock Number (NSN) List/Pricing Workbook (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 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 task orders 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-3 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.

G-4 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 List/Pricing Workbook(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-5 ADDITION OF ITEMS TO THE CONTRACT: When an item not currently listed in the NSN List/Pricing Workbook (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 the pre-negotiated Mark-up Rate.

Note: The ROR and TDE Mark-up Rates negotiated at time of contract award shall be used for pricing new items during the entire contact period of performaance. The negotiated fixed price for the New Items is Fixed Price = Vendor Price + Mark-up Rates.

G-6 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.. The negotiated fixed price for O&As is Fixed Price = Vendor Price + Mark-up Rates.

The offeror is allowed to propose an integrator “Mark-up” Rate. See Solicitation Attachment 2 NSN List/Pricing Workbook. Offerors overhead associated with effort to obtain O&A work.

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 sources, 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 in advance to proceed from the government contracting officer.

G-7 GOVERNMENT FURNISHED MATERIAL (GFM) / GOVERNMENT FURNISHED PROPERTY (GFP)

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:

There will not be a negative incentive applied to any missed TAT caused by use of MCA.

G-8 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

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 a Single Award Indefinite Delivery Indefinite Quantity (IDIQ) contract with Firm Fixed-Price delivery orders 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 $100,000.00 (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 30 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 the last delivery required on any orders placed within the ordering period.

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 of the contract expiration.

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

52.246-19 WARRANTY OF SYSTEMS AND EQUIPMENT UNDER PERFORMANCE SPECIFICATIONS OR DESIGN CRITERIA (MAY 2001)

Definitions. 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 and identified supplies, or approves specific services rendered, as partial or complete performance of the contract.

Defect means any condition or characteristic in any supplies or services furnished by the Contractor under the contract that is not in compliance with the requirements of the contract.

Supplies means the end items furnished by the Contractor and related services required under this contract. Except when this contract includes the clause entitled Warranty of Data, supplies also mean ``data.''

(b) Contractor's obligations. (1) The Contractor's warranties under this clause shall apply only to those defects discovered by either the Government or the Contractor within the period of time for each item as stated in Section J Attachment 2 NSN List/Pricing Workbook.

(2) If the Contractor becomes aware at any time before acceptance by the Government (whether before or after tender to the Government) that a defect exists in any supplies or services, the Contractor shall (i) promptly correct the defect, or (ii) promptly notify the Contracting Officer, in writing, of the defect, using the same procedures prescribed in paragraph (b)(3) of this clause.

(3) If the Contracting Officer determines that a defect exists in any of the supplies or services accepted by the Government under this contract, the Contracting Officer shall promptly notify the Contractor of the defect, in writing, within 45 days. Upon timely notification of the existence of a defect, or if the Contractor independently discovers a defect in accepted supplies or services, the Contractor shall submit to the Contracting Officer, in writing, within 45 days after discovery of the defect a recommendation for corrective actions, together with supporting information in sufficient detail for the Contracting Officer to determine what corrective action, if any, shall be undertaken.

(4) The Contractor shall promptly comply with any timely written direction from the Contracting Officer to correct or partially correct a defect, at no increase in the contract price.

(5) The Contractor shall also prepare and furnish to the Contracting Officer data and reports applicable to any correction required under this clause (including revision and updating of all other affected data called for under this contract) at no increase in the contract price.

(6) In the event of timely notice of a decision not to correct or only to partially correct, the Contractor shall submit a technical and cost proposal within 60 days to amend the contract to permit acceptance of the affected supplies or services in accordance with the revised requirement, and an equitable reduction in the contract price shall promptly be negotiated by the parties and be reflected in a supplemental agreement to this contract.

(7) Any supplies or parts thereof corrected or furnished in replacement and any services reperformed shall also be subject to the conditions of this clause to the same extent as supplies or services initially accepted. The warranty, with respect to these supplies, parts, or services, shall be equal in duration to that set forth in paragraph (b)(1) of this clause, and shall run from the date of delivery of the corrected or replaced supplies.

(8) The Contractor shall not be responsible under this clause for the correction of defects in Government-furnished property, except for defects in installation, unless the Contractor performs, or is obligated to perform, any modifications or other work on such property. In that event, the Contractor shall be responsible for correction of defects that result from the modifications or other work.

(9) If the Government returns supplies to the Contractor for correction or replacement under this clause, the Contractor shall be liable for transportation charges up to an amount equal to the cost of transportation by the usual commercial method of shipment from the place of delivery specified in this contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor's plant and return to the place of delivery specified in this contract. The Contractor shall also bear the responsibility for the supplies while in transit.

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

(c) Remedies available to the Government. (1) The rights and remedies of the Government provided in this clause--

(i) Shall not be affected in any way by any terms or conditions of this contract concerning the conclusiveness of inspection and acceptance; and

(ii) Are in addition to, and do not limit, any rights afforded to the Government by any other clause of this contract.

(2) Within 45 days after receipt of the Contractor's recommendations for corrective action and adequate supporting information, the Contracting Officer, using sole discretion, shall give the Contractor written notice not to correct any defect, or to correct or partially correct any defect within a reasonable time at the designated geographical site for that particular item.

(3) In no event shall the Government be responsible for any extension or delays in the scheduled deliveries or periods of performance under this contract as a result of the Contractor's obligations to correct defects, nor shall there be any adjustment of the delivery schedule or period of performance as a result of the correction of defects unless provided by a supplemental agreement with adequate consideration.

(4) This clause shall not be construed as obligating the Government to increase the contract price.

(5)(i) The Contracting Officer shall give the Contractor a written notice specifying any failure or refusal of the Contractor to--

(A) Present a detailed recommendation for corrective action as required by paragraph (b)(3) of this clause;

(B) Correct defects as directed under paragraph (b)(4) of this clause; or

(C) Prepare and furnish data and reports as required by paragraph (b)(5) of this clause.

(ii) The notice shall specify a period of time following receipt of the notice by the Contractor in which the Contractor must remedy the failure or refusal specified in the notice.

(6) If the Contractor does not comply with the Contracting Officer's written notice in paragraph (c)(5)(i) of this clause, the Contracting Officer may by contract or otherwise--

(i) Obtain detailed recommendations for corrective action and either--

(A) Correct the supplies or services; or

(B) Replace the supplies or services, and 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, in which case the Government is entitled to reimbursement from the Contractor, or from the proceeds, for the reasonable expenses of care and disposition, as well as for excess costs incurred or to be incurred;

(ii) Obtain applicable data and reports; and

(iii) Charge the Contractor for the costs incurred by the Government.

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) 4.7 The Continuation of Essential Services Plan, dated 28 August 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 the Government in the Government's efforts to maintain the continuity of operations.

(e) The Government reserves the right in such crisis situations to use Federal employees, military personnel, or contract support from other contractors, or to enter into new contracts for essential contractor services.

(f) Changes. The Contractor shall segregate and separately identify all costs incurred in continuing performance of essential services in a crisis situation. The Contractor shall notify the Contracting Officer of an increase or decrease in costs within ninety days after continued performance has been directed by the Contracting Officer, or within any additional period that the Contracting Officer approves in writing, but not later than the date of final payment under the contract. The Contractor's notice shall include the Contractor's proposal for an equitable adjustment and any data supporting the increase or decrease in the form prescribed by the Contracting Officer. The parties shall negotiate an equitable price adjustment to the contract price, delivery schedule, or both as soon as is practicable after receipt of the Contractor's proposal.

(g) The Contractor shall include the substance of this clause, including this paragraph (g), in subcontracts for the essential services.

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the Contractor believes the Government is liable. The request shall include only costs for performing the change, and shall not include any costs that already have been reimbursed or that have been separately claimed. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the…