3.01_Solicitation_25043-0169.pdf

31b. NAME OF CONTRACTING OFFICER (Type or print) 30c. DATE SIGNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

1. REQUISITION NUMBER

SEE ORDER SCHEDULE

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

a. NAME

4. ORDER NUMBER 5. SOLICITATION NUMBER

N00104-25-Q-YE24

b. TELEPHONE NUMBER (No collect

6. SOLICITATION ISSUE

07 April 2025

8. OFFER DUE DATE/

7. FOR SOLICITATION

INFORMATION CALL: TAYLOR FASCHING

calls)

717-605-3959

LOCAL TIME

07 MAY 2025 / 1700 EST

9. ISSUED BY CODE N00104 10. THIS ACQUISITION IS UNRESTRICTED OR

SET ASIDE: % FOR:

NAVSUP WEAPON SYSTEMS SUPPORT-

MECHANICSBURG 5450 CARLISLE PIKE, SUITE

MECHANICSBURG, PA 17050-2411

Buyer: Taylor Fasching, N741.9

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

325199

SIZE STANDARD:

11. DELIVERY FOR FREE ON 12. DISCOUNT TERMS 13a. THIS CONTRACT IS A 13b. RATING DO

BOARD (FOB) DESTINATION N/A RATED ORDER UNDER 14. METHOD OF SOLICITATION REQUEST

UNLESS BLOCK IS MARKED

SEE SCHEDULE

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

FOR

PROPOSAL

(RFP)

15. DELIVER TO

SEE ORDER SCHEDULE

CODE 16. ADMINISTERED BY CODE

DCMA MANASSAS

14501 GEORGE CARTER WAY

CHANTILLY, VA 20151

S2404A

17a. CONTRACTOR/

OFFEROR

CODE 1FSH1 FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE HQ0338

DCMA MANASSAS

14501 GEORGE CARTER WAY

CHANTILLY, VA 20151

DCMA MANASSAS

14501 GEORGE CARTER WAY

CHANTILLY, VA 20151

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

SEE ORDER SCHEDULE

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

SEE ORDER SCHEDULE

26. TOTAL AWARD AMOUNT (For Government Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

ITEM

NO.

SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT

PRICE

AMOUNT

0001 NSN: 1HM 6810 01-680-6472

$ 441,165.90 ceiling amount

ITEM: SODIUM CHLORIDE,USP

0001AA BASE YEAR

04/01/2025 – 03/31/2026

0001AB OPTION YEAR 1

04/01/2026 - 03/31/2027

0001AC OPTION YEAR 2

04/01/2027 - 03/31/2028

0001AD OPTION YEAR 3

04/01/2028 - 03/31/2029

0001AE OPTION YEAR 4

04/01/2029 - 03/31/2030

NSN 1HM 6810 01-680-6472 OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

The text of all FAR, DFARS, and NMCARS provisions and clauses may be accessed electronically at the following links:

https://www.acquisition.gov https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ http://www.acquisition.gov/nmcars

The text of DoD Class Deviations may be accessed electronically at the following link:

https://www.acq.osd.mil/dpap/dars/class_deviations.html

NAVSUP and NAVSUP WSS specific Text and Statement of Work Language are contained in the body of the Agreement.

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B01 – BLANKET PURCHASING AGREEMENT TERMS AND CONDITIONS

1. Description of Agreement:

This is a five-year Blanket Purchase Agreement (BPA) to fulfill future anticipated repetitive needs for SODIUM CHLORIDE,USP (NSN: 1HM 6810 01-680-6472). There is no minimum guarantee.

Contractor shall furnish supplies in accordance with the requirements of each individual order if and when requested by the Contracting Officer. Each order will specify the item technical requirements, contract data deliverables, quantity, delivery requirements, FOB point, inspection and acceptance, and any additional required information. All orders placed against this BPA are subject to the terms and conditions listed herein.

2. Extent of Obligation:

The Government is obligated only to the extent of authorized purchases actually made under this BPA.

3. Purchase Limitations:

❖ BPA Master Dollar Limit: $2,500,000

❖ BPA Order Limit: Simplified Acquisition Threshold , subject to Emergency Acquisition Flexibilities as determined at the order level. .

❖ Period of Performance: FIVE YEAR PERIOD DATES TBD AT TIME OF AWARD

4. Individuals authorized to purchase under the BPA:

Purchasing authority under this BPA is limited to NAVSUP Weapon Systems Support Contracting Personnel.

5. Emergency Acquisition Flexibilities This order is issued pursuant to Emergency Acquisition Flexibilities (EAF) as defined in FAR Part 18.

6. BPA Administration:

a. All shipments under this BPA shall be accompanied by Wide Area Workflow (within the Procurement Integrated Enterprise Environment (PIEE)) documentation showing proof of inspection and acceptance by the cognizant Government Quality Assurance Representative (GQAR) that includes the following minimum information:

i. Name of Supplier.

ii. BPA number.

iii. Date of purchase.

iv. Purchase order number.

v. Itemized list of supplies furnished.

vi. Quantity, unit price, and extension of each item.

vii. Date of delivery or shipment.

b. An individual invoice must be submitted in WAWF for each order issued under this BPA. See DFARS clause 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS for additional information.

c. This agreement may be Modified by mutual agreement of the parties only. This agreement may be terminated upon 30-days written notice by either party to the other, except that the Government may immediately terminate this agreement at any time after the parties fail to agree upon any deletion, modification, or addition to this agreement which is required by Statute, Executive Order, or the Federal Acquisition Regulation and supplements. No deletion, modification, addition to, or termination of this agreement shall affect any order previously issued in which this agreement has been incorporated by reference.

This agreement shall be reviewed at a minimum, annually before the anniversary of its effective date, and if necessary, shall be revised to conform with all requirements of Statutes, Executive Orders, and the Federal Acquisition Regulation and supplements. Such revisions shall be evidenced by the issuance and execution of a Supplemental Agreement on Standard Form 30. If no revisions are required, no document shall be issued. This agreement shall remain in force unless cancelled as provided above; however, the period during which orders may be placed against the agreement may not exceed five years.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C01 – WSSTERMCZ04 - GOVERNMENT INDUSTRY DATA EXCHANGE PROGRAM (GIDEP)

(applicable to orders >$500,000, or lower value when Contracting Officer provides notice that term will apply)

a. The Contractor will actively participate in the Government Industry Data Exchange Program per the GIDEP Operations Manual. The Contractor will submit information concerning critical or major nonconformances, as defined in FAR 46.101 to the GIDEP information system.

b. The Contractor will insert paragraph (a) in any subcontract when deemed necessary by the Contractor.

When so inserted, the word "contractor" will be changed to "subcontractor."

c. The Contractor will, when it elects not to insert paragraph (a) in a subcontract, provide the subcontractor any GIDEP data which may be pertinent to items of its manufacture and verify that the subcontractor utilizes any such data.

d. The Contractor will, whether it elects to insert paragraph (a) in a subcontract or not, verify that the subcontractor utilizes and provides feedback on any GIDEP data that may be pertinent to items of its manufacture.

(06-17)

C06 – CONFIGURATION MANAGEMENT

WSSTERMCZ05 - CONFIGURATION MANAGEMENT - MARITIME

1.0 Configuration Management

1.1 The cognizant systems command (SYSCOM), Naval Sea Systems Command (NAVSEA) or Naval Information Warfare Systems Command (NAVWAR), Program Manager will maintain configuration control and change authority for all items in this contract.

1.2 In accordance with the configuration management provisions of this contract, the Contractor must maintain the total Equipment baseline configuration of the parts on this contract including, but not limited to, hardware, software and firmware.

NOTE: Additional information and guidance relative to engineering changes and variances may be obtained by contacting the cognizant SYSCOM Program Office.

1.0 Engineering Changes

2.1 The Government will not be responsible for any contract delay or disruption or any increased costs of performance of the Contractor due to a misclassification of an Engineering Change Proposal (ECP) by the Contractor, including those costs associated with replacement of delivered items resulting from such a misclassification. ECP’s are classified as either Class I (Major) or Class II (Minor). For detailed classification criteria refer to DD Form 1692 instructions sheet. ECPs must be prepared in accordance with DI-SESS-80639E, Engineering Change Proposal (ECP).

2.1.1 Class I (Major) Changes: The Contractor must coordinate with the cognizant SYSCOM Program Office prior to any Class I ECP submission. The Contractor must notify the NAVSUP WSS Procurement Contracting Officer (PCO) of any pending or approved Class I engineering changes with another Government activity that the Contractor proposes to incorporate under this contract. The cognizant SYSCOM Program Office will approve or disapprove of Class I changes. Any approved Class I change may necessitate contract changes by the contracting officer, which changes may be handled under the Changes clause of this contract, FAR 52.243-1 The Contractor must not implement a Class I change on this contract until a contract modification is issued by the NAVSUP WSS PCO.

2.1.2 Class II (Minor) Changes: Class II changes must be submitted to the cognizant Defense Contract Management Agency (DCMA) Contract Management Office (CMO), or to the Supervisor of Shipbuilding (SUPSHIP) Groton, for concurrence in classification and may be implemented only upon receiving DCMA, SUPSHIP, or NAVSEA/NAVWAR Technical Warrant Holder (TWH) concurrence.

On Navy Special Emphasis Program contracts/purchase orders, the Contractor must submit the Class II (Minor) change to the NAVSUP WSS PCO for approval or disapproval. Class II changes must be made at no additional cost to the Government.

2.5 The Contractor is not entitled to any equitable adjustment to the contract price or terms based on the Government’s disapproval of a Class I or Class II ECP.

3.0 Variances

3.1 The Contractor must not deliver any item for acceptance by the Government that incorporates a known departure from product definition information unless a Request for Variance (RFV) has been approved. Authorized variances are a temporary departure from the requirements only and do not authorize a change to the item’s configuration baseline. RFVs are classified as Critical, Major, or Minor.

For detailed classification criteria refer to the DD Form 1694 instructions sheet. Variance requests must be prepared in accordance with DI-SESS-80640E – Request for Variance (RFV).

3.1.1 Critical/Major Variances: The Contractor must submit all critical/major variance requests via DCMA or SUPSHIP and the NAVSUP WSS PCO, to the SYCOM Program Office or their delegated representative, for approval or disapproval. All approved critical/major variances require a contract modification by the NAVSUP WSS PCO prior to final inspection and acceptance of the items.

3.1.2 Minor Variances: For minor RFVs, delivery and/or shipment of such items under this contract is not permitted until the request is approved by the cognizant DCMA CMO, SUPSHIP, or SYSCOM TWH. On Navy Special Emphasis Program contracts/purchase orders, the Contractor must submit minor variance requests via DCMA or SUPSHIP and the NAVSUP WSS PCO, to the SYSCOM Program Office or their delegated representative, for approval or disapproval.

3.2 The Contractor is not entitled to any equitable adjustment to the contract price or terms based on the Government’s disapproval of a major/critical or minor variance.

(4-23)

C06 – ADDITIONAL MATTERS RELATIVE TO THE ISSUANCE OF ORDERS FOR SPARES

(a) Deliver By dates for spares orders hereunder shall be specified on each delivery order.

(b) Orders issued under the BOA shall be binding upon the date of issuance provided pricing and delivery schedule have been agreed to prior to issuance. The contractor shall, except as specified in paragraphs (a) and (b) below, immediately proceed with performance of the order.

a. The contractor shall stop performance immediately and notify the Contracting Officer within 30 days of the date of order when an item to be delivered cannot be identified by the given part number or when an item’s configuration has been superseded as a result of an approved engineering change. After receipt of such notice, the Contracting Officer will advise the contractor of any actions to be taken, including whether performance is authorized.

b. The contractor shall not proceed with performance of any order when the contractor’s applicable representations or certifications set forth in the BOA cannot be made by the contractor as to such order. Revised representations and/or certifications shall be provided to the Contracting Offer within ten days of the date of order issuance.

(c) The PQDR process shall apply to any item received with a latent defect or in nonconforming condition.

SECTION D – PACKAGING AND MARKINGD01 - WSSTERMDZ03 PRESERVATION,

PACKAGING, PACKING AND MARKING

The contractor shall preserve, package, pack and mark all items as cited below. Where specifications or standards are cited herein the latest revision of that specification or standard shall apply.

1. PRESERVATION REQUIREMENTS

a. SYSTEM STOCK SHIPMENTS - The contractor shall preserve all items intended to enter the military distribution system for stock in accordance with the MIL-STD-2073-1, “Standard Practice for Military Packaging”, Packaging Requirements Code specified in the Schedule. When a Specialized Preservation Code/Method of Preservation (MOP) (Table J-Ia) is specified, and one or more of the following packaging fields (WM, CUD, CT, UC) value is a 00 (numeric), the Specialized Preservation/MOP procedure and materials takes precedence. Contractors should disregard the LP field and third digit of the PACK field and use the Unit Container Level (UCL) to identify the level of packing protection the unit container meets for packing requirements. When HM = D, the item is regulated in accordance with Title 49 Code of Federal Regulations (CFR); when HM = N the item is not regulated for transportation.

1) When a specified packaging material has an associated Qualified Products List (QPL), the contractor shall use only packaging materials produced by a manufacturer listed on the applicable QPL.

Barrier materials that have QPLs are MIL-PRF-131, MIL-PRF-81705, MIL-PRF-22191, MIL-PRF-3420 and MIL-PRF-22019. Sources for QPL material can be obtained from the Qualified Products Database at http://qpldocs.dla.mil/.

b. IMMEDIATE USE/INSTALLATION AND PART NUMBER BUY SHIPMENTS – Government PCO or ACO approval is required to use the packaging standards outlined in this paragraph. Any national stock numbered (NSN) item required for immediate use (used or consumed within 7 days of receipt) or direct installation, or part numbered item (authority granted to ship without NSN) shall be preserved and packed in accordance with ASTM D3951, “Standard Practice for Commercial Packaging”, for all shipments to a Continental United States (CONUS) government activity or contractor-owned facility. All material destined for overseas shipment (OCONUS) shall be preserved in accordance with

MIL-STD-2073-1.

c. GOVERNMENT-OWNED MATERIAL – In the event that the contract expires, is terminated, or completed, and Government-owned material is to be returned to the supply system, the contractor shall preserve and package this material in accordance with the requirements of paragraph 1.a.

2. PROTECTION FROM DEGRADATION DUE TO ELECTROSTATIC

(ES)/ELECTROMAGNETIC (EM) FORCES

a. When ASTM D3951 is authorized for packaging and the item is considered ESD Sensitive (ESDS), protection shall be in accordance with ANSI/ESD S20.20-2014, “For the Development of an ESD Control Program for – Protection of Electrical and Electronic Parts, Assemblies and Equipment (Excluding Electrically Initiated Explosive Devices).”

b. When MIL-STD-2073-1 is specified and the preservation method code (PMT) in the solicitation does not specify ESD/EM protection (PMT = GX) and the contractor’s proposed item of supply is subject to degradation from ES/EM forces, contractors shall provide recommended packaging data with their proposals/quotes.

3. PACKING REQUIREMENTS – The contractor shall pack as follows:

Domestic Shipments (CONUS): Level B

Overseas Shipments (OCONUS) (including Navy ships at sea):

Via air, FPO, APO Level B Via freight forwarder Level B Via surface Level A

Exterior shipping containers for Packing Levels A and B are listed in MIL-STD-2073-1, Appendix C, Table C.II. Long-life reusable containers and wood containers are shipping containers which do not require overpacking for shipment.

4. MARKING REQUIREMENTS - All unit, intermediate and shipping containers shall be marked in accordance with MIL-STD-129. In addition, the following specific requirements apply:

a. ADDITIONAL MARKING FOR SPARES ONLY – Each MIL-STD-129 label shall also include the following:

1) Procurement Instrument Identifier (PIID) – the 13-digit contract order number,

2) Contract Line Item Number (CLIN) – the 4-digit individual line item number (e.g. 0001, 0002, etc.), and

3) SubCLIN – the 6-digit sub line item number (e.g. 0001AA, 0001AB, 0002AA, 0002AB, etc.).

b. DEPOT LEVEL REPAIRABLE (DLR) LABELS

1) Items identified with a Cognizance (COG) Code of either “7” or an even number preceding the NSN, excluding 6A, 6H and 6X COGs (e.g. 7RH 5826-014289999), are defined as Depot Level Repairable (DLR) items. DLR items require that a DLR label be placed on the outside of the unit, intermediate and shipping containers as close to the bar code label as possible.

2) Labels are available via the Naval Forms Online website:

https://forms.documentservices.dla.mil/order/. The website will advise the procedures for ordering and establishing an account.

3) NAVSUP WSS authorizes contractors to create and print their own DLR labels.

Labels shall follow the standard size and font options listed in below chart. Text shall be in all upper case letters of the same style font. The label used shall be sized proportionate to the size of the container.

Labels shall be horizontally printed and consist of yellow “DLR” text font on a solid blue background.

Labels shall meet requirements of MIL-STD-129 section 4.2.2. Labels shall be of a water-resistant grade of paper, film, or plastic, coated on one side with water-insoluble, permanent type adhesive. The adhesive shall adhere to metal, plastic, aluminum or fiberboard surfaces under high and low temperatures. Labels shall have a finish suitable for printing and writing on with ink without feathering or spreading, be capable of withstanding normal handling and storage conditions, and remain securely in position.

Application specific performance criteria and durability requirements to ensure functionality in various climatic environments should be tailored, if required, using MIL-PRF-61002. MIL-PRF-61002 can be used as an acquisition tool when labels presently being used are not performing satisfactorily or when new conditions or applications require special label stock for those particular situations.

NSN DESCRIPTION QUANTITY

PER UNIT

PACKAGE

APPLICATION FORM NUMBER

0108LF5055300 DLR Label 2 in. x 3 in.

100 Unit Container

NAVSUP 1397-1

0108LF5055000 DLR Label 100 Intermediate / NAVSUP 1397

3 in. x 5 in. Shipping Container

c. SPECIAL MATERIAL IDENTIFICATION CODE (SMIC) FOR NAVSUP WSS MARITIME

REQUIREMENTS ONLY

1) Certain Program-related items are identified by a two-position SMIC, which appears as a suffix to the NSN (e.g. 1H 4730 009001317 L1), and require special markings. Containers shall be marked with letters, maximum two inches high on two (2) sides and two (2) ends as follows:

SMIC MARKINGS COLOR TYPE CONTAINER

L1 LEVEL 1 RED Unit, intermediate and shipping

(size permitting)

S1 SURFACE

LEVEL 1

RED Unit, intermediate and shipping

(size permitting) D4/D5/D7 DSS-SOC RED Unit, intermediate and shipping

(size permitting)

C1 * LEVEL 1 SPECIAL

CLEAN O2-N2

GREEN Unit, intermediate and shipping

CP/VG * SPECIAL CLEAN

O2-N2

GREEN Unit, intermediate and shipping

D0/D6/D8 * DSS-SOC SPECIAL

CLEAN O2-N2

GREEN Unit, intermediate and shipping

VU FBW SFCC VU BLUE Unit, intermediate and shipping (size permitting)

SW FBW SFCC SW BLUE Unit, intermediate and shipping (size permitting)

Q3/Q5 Q3 or Q5 RED Unit, intermediate and shipping

* denotes Oxygen Clean requirements in accordance with MIL-STD-1330 “Precision Cleaning and Testing of Shipboard Oxygen, Helium, Helium-Oxygen, Nitrogen, and Hydrogen Systems.”

5. PALLETIZATION. Palletization of shipments shall be accomplished in accordance with MIL-STD- 147 “DOD Standard Practice: Palletized Unit Loads.” Failure to meet these palletization/packaging requirements and measures, without a written waiver from the PCO or ACO, may result in charges back to the contractor for repalletization and/or repackaging of items. Pallets shall conform to the requirements of American National Standards Institute, Material Handling-MH1-2016, Pallets, Slip Sheets, and Other Bases for Unit Loads. MH1-2016 may be obtained at the following website: http://www.mhi.org.

a. General Purpose Unit Loads - When shipping directly to a Navy afloat unit, pallets meeting MH1-2016, Part No. MH1/9-02SW4048 or MH1/9-10BW4048 for unit loads under 1,500 pounds and MH1/9-03SW4048 for unit loads over 1,500 pounds shall be used.

b. Hazardous Material Unit Loads - Unless otherwise specified in the contract or purchase order hazardous material containers, except cylinders and 55 gallon drums, shall be palletized utilizing MH1- 2016 Part No. MH1/9-07SW4848 pallets.

c. Use of nonstandard commercial pallets is prohibited.

6. WOOD PACKAGING MATERIAL (WPM). All shipments destined to the DOD must be treated and marked in accordance with the International Standards for Phytosanitary Measures Guidelines for Regulating Wood Packaging Material in International Trade (ISPM 15) for OCONUS shipments.

a. For all WPM furnished under this contract the contractor shall ensure the American Lumber Standards Committee (ALSC) approved mark is applied to every shipment regardless of destination.

b. Failure to comply with the requirements of ISPM 15 may result in refusal, destruction or treatment of WPM at the point of receipt and the associated costs charged back to the contractor.

7. NAVY SHELF-LIFE PROGRAM. Navy shelf-life requirements are listed under the item description in a 3-digit alpha/numeric code. Position one (1) is the DOD shelf-life code, defining the type of shelf-life for an item (Type I, non-extendible or Type II, extendible), and the number of months an item can remain ready for issue in a Navy specified package. Positions two (2) and three (3) combined form the Navy-unique shelf-life action codes used by storage activities, and do not impose any requirements on the contractor. The contractor shall use the applicable shelf-life paragraphs and table in MIL-STD-129 to apply either Type I or Type II shelf-life markings to an item's unit, intermediate and shipping containers. Contractors will ensure that at least eighty-five percent (85%) of the Navy shelf-life requirement is remaining when received by the first government activity.

8. REUSABLE NSN CONTAINERS. An item that has an NSN assigned in the “Container NSN” field (e.g . 8145 012622982) requires shipment in a reusable shipping and storage container.

a. REUSABLE CONTAINERS FOR NAVSUP WSS, MARITIME REQUIREMENTS - Reusable NSN containers for maritime material (designated by a COG Code of “7E”, “7G” and “7H”) shall be provided as contractor-furnished material (CFM).

b. REUSABLE CONTAINERS FOR NAVSUP WSS, AVIATION REQUIREMENTS - Reusable NSN containers (excluding fiberboard and most wood) for aviation material (designated by a COG Code of “7R”, “6K” or “0R”) shall be provided as government-furnished material (GFM). Fast pack containers will not be provided as GFM. To obtain GFM reusable containers, the contractor must request via email NAVSUPCRF.fct@navy.mil at least 90 days prior to the anticipated shipping date, 30 days prior for repair contracts. If the Navy’s Container Management Area (CMA) informs the contractor that containers are unavailable, the following alternate packaging requirements apply. The unavailability of reusable containers shall not be an excusable delivery delay.

ALTERNATE PACKAGING REQUIREMENTS FOR ITEMS ASSIGNED THE FOLLOWING

CONTAINERS

Container NSN Container Part Number (80132) Alternate Packaging Code

IAW MIL-STD-2073-1

8145 002609548 P069-2 N 001 000 GX 1 00 K3 LT B ED

UCL = B 8145 002609556 P069-1

8145 002609559 P069-3 SPMK = 39

PACK = QFF

8145 002609562 P069-4 8145 010124088 P069-6 8145 010140440 P069-5 8145 011644073 P069-7 8145 012622982 15450-1 If MOP/PMT = GX

N 001 000 GX 1 00 K3 GH Z ED

Z= use 1.5” of “GH” cushioning between barrier bag and Unit Container

UCL = B

SPMK = 39

PACK = QFF

For all other MOPs/PMTs

N 001 000 51 1 00 EA GH F ED

UCL = B

SPMK = 03

PACK = QFF

8145 012622983 15450-2 8145 012622984 15450-3 8145 012622985 15450-4 8145 012622986 15450-5

8145 012622987 15450-6

8145 012622988 15450-7

c. All excess empty reusable shipping and storage containers shall be turned-in to the nearest Container Reuse and Refurbishment Center (CRRC). CRRC locations/points of contact: Program Manager - 215-697-2063

Norfolk, VA - 757-445-9099 ext. 124 Yokosuka, JAPAN 011-81-46-816-6304

Cherry Point, NC - 252-466-2331 Lemoore, CA - 559-998-0220 Jacksonville, FL - 904-542-1014 Okinawa, JAPAN - 011-81-46-816-6304

San Diego, CA - 619-545-8360 Iwakuni, JAPAN - 011-81-46-816-6304 Puget Sound, WA - 360-476-9777 Bahrain - 011-318-439-9553

d. The stock-numbered, long-life, reusable containers identified herein as GFM are property of the U.S. Navy and only shall be used to fulfill orders from the Navy and U.S. Marine Corps; these containers shall not be used to fulfill orders from the U.S. Army, U.S. Air Force, any other agency of the U.S.

Government or Foreign Military Sales (FMS) customer.

9. REUSABLE NSN CONTAINERS FOR FOREIGN MILITARY SALES (FMS), JOINT

PROGRAM OFFICE (JPO) OR OTHER FOREIGN FORCES ACQUISITION

a. Reusable shipping and storage containers shall be provided as CONTRACTOR-FURNISHED MATERIAL (CFM), unless otherwise specified.

b. Contractors may tender offers including alternate, non-reusable, packaging methods and be considered responsive.

10. HAZARDOUS MATERIALS. This section applies when items to be delivered under this contract are considered hazardous materials as defined by 49 CFR, FED-STD-313, or by the Government's technical representative.

a. Packaging and marking for hazardous materials shall comply with applicable requirements for Performance Oriented Packaging (POP) contained in 49 CFR and the international modal regulations. All performance test requirements shall be supported by test certificates and reports attesting to the date and the results obtained from performance oriented packaging testing. The contractor shall be responsible for assuring that sources providing performance testing services are registered with the U.S. Department of Transportation (DOT). The contractor's signed certification that the packaged configuration meets the applicable modal regulation shall be incorporated on the Wide Area Workflow Receiving Report (WAWF RR), DD Form 250, Material Inspection and Receiving Report, or other related acceptance documents if a WAWF RR, DD Form 250 is not used. The Shipper’s Declaration for Dangerous Goods (SDDG) must be included for all air shipments. All test certificates, reports and training records shall be available for inspection by authorized Government representatives for a period of three years.

b. When a contract/order for hazardous material requires shipment to a military aerial port or through a military container consolidation point including DODAACs SW3225, SW3123, SW3142, N45627, FB4427, FB9150, FB4497, FY8910, FY9125, FB4418, FY4462, FB4484, FY4494, those shipments shall comply with NAVSUP PUB 505/AFMAN 24-204, Preparing Hazardous Materials for Military Air Shipment.

11. SAFETY DATA SHEETS. As required by clauses FAR 52.223-3 “Hazardous Material Identification and Material Safety Data” and DFARS 252.223-7001 “Hazard Warning Labels” the contractor/offeror is required to list any hazardous material to be delivered under the resultant contract by the submission of Safety Data Sheets (SDSs) and Globally Harmonized System (GHS) compliant product label, when applicable, to the NAVSUP WSS or DLA Contracting Officer prior to award. An electronic copy in PDF format of the SDS and GHS product label must also be emailed to NAVSUP WSS Code N242 at hazmat.navsupwss@navy.mil. Please include the NSN, CAGE, Part Number, contract number, and point of contact for hazardous material questions in the body of the email.

12. REPACKAGING TO CORRECT PACKAGING DEFICIENCIES

a. Notwithstanding inspection and acceptance by the Government of items furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the contractor guarantees that the preservation, packaging, packing and marking (PPP&M), and the preparation of, and method of shipment of such items will conform to the requirements of this contract.

b. Items that do not conform to the PPP&M requirements of this contract may have a Supply Discrepancy Report (SDR, SF-364) written against the contractor.

c. The Government may at the option of the PCO or ACO, correct PPP&M deficiencies, without prior contractor notification, and require an equitable adjustment in the contract price to cover labor and material when corrective actions are warranted, or return the non-conforming material to the contractor for repackaging at the contractor’s expense.

(08-23)

SECTION E – INSPECTION AND ACCEPTANCE

E01 – WSSTERMEZ03 - HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT

(a) In accordance with FAR Clause 52.246-11, the contractor shall comply with one of the following Quality Management Systems listed below by checking the appropriate block or propose an equivalent system by checking the “Other” block:

( ) ISO 9001 Quality Management Systems - Requirements ( ) SAE AS9100 Quality Management Systems - Aerospace Requirements ( ) OTHER (Specify) ______________________________________________

NOTE: When the “OTHER” block is selected, please identify the industry, military, or international Quality Management System that you intend to use. Your proposed system will be reviewed and assessed for suitability and equivalency.

(b) Measuring and Test Equipment - The contractor shall comply with one of the following Calibration Standards listed below by checking the appropriate block or propose an equivalent standard by checking the “Other” block:

( ) NCSL Z540.3 Requirements for Calibration of Measuring and Test Equipment ( ) ISO 10012 Requirements for Measurement Processes and Measuring Equipment ( ) OTHER (Specify) ______________________________________________

NOTE: When the “OTHER” block is selected, please identify the industry, military, or international Calibration Standard that you intend to use. Your proposed standard will be reviewed and assessed for suitability and equivalency.

(a) The contractor shall use and be compliant with the revision of the applicable Quality Management

System and Calibration Standard in effect at time of the offeror's latest proposal submission. (12-14)

E02 - INSPECTION AND ACCEPTANCE AT ORIGIN

Except as otherwise specified in the order, Final Inspection and Acceptance of the articles or services to be furnished pursuant to orders issued hereunder shall be made by the cognizant government inspector at the contractor's or subcontractor's plant.

SECTION F – DELIVERY OR PERFORMANCE

F01 – 52.252-2 - CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This Agreement 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 these addresses: See full list at the end of the table of contents.

FOB ORIGIN CLAUSES

Clause Number

Clause Title Clause Date

52.211-17 Delivery of Excess Quantities SEP 1989 52.247-29 F.O.B. Origin FEB 2006 52.247-30 F.O.B. Origin - Contractor’s Facility FEB 2006

52.247-31 F.O.B. Origin, Freight Allowed FEB 2006 52.247-33 F.O.B. Origin, With Differentials FEB 2006 52.247-59 F.O.B. Origin - Carload and Truckload Shipments APR 1984 52.247-61 F.O.B. Origin - Minimum Size of Shipments APR 1984 52.247-65 F.O.B. Origin - PrePaid Freight - Small Package Shipments JAN 1991

F02 - WSSTERMFZ01 TIME OF DELIVERY (AWARD)

1. Place of Delivery: The place of delivery for all items to be acquired hereunder will be specified in individual delivery orders issues under the resultant Blanket Purchase Agreement.

2. Required Time of Delivery: The Required Time of Delivery for all items to be acquired hereunder will be specified in individual delivery orders issues under the resultant Blanket Purchase Agreement.

3. Accelerated Deliveries: Accelerated deliveries in advance of the specified delivery schedule are authorized. Any accelerated delivery will be at no additional expense to the Government, unless specifically authorized by the Procuring or Administrative Contracting Officer.

4. Partial Shipments: Shipments of item quantities less than each line item quantity specified in the delivery order schedule are authorized. Multiple shipments to one destination are authorized. Any partial shipment will be at no additional expense to the Government, unless specifically authorized by the Procuring or Administrative Contracting Officer.

F03 - PLACE OF DELIVERY - FOB ORIGIN

(a) Subject to FAR 52.247-29 "FOB Origin," the articles to be furnished shall be delivered FOB Origin at the plant or plants where the articles will be offered for acceptance.

(b) Shipment will be made at Government expense to the destinations specified in each order. The method of shipment will be specified by the cognizant Government inspector when the articles are ready for shipment.

(c) The Government shall have the right to change the destinations specified. Any adjustment in contract price or time of delivery due to resulting changes in packing or marking shall be subject to the clause of this contract entitled “Changes.”

(d) Unless otherwise directed in a Request for Quotation or Request for Proposals, all quotes/offers for orders to be issued pursuant to this Agreement shall be submitted on a F.O.B. Origin basis.

F04 - WSSTERMFZ02 TRANSPORTATION ASSISTANCE

To obtain transportation assistance for an upcoming shipment, contractors are to follow the appropriate directions listed below, based on the terms and conditions of the specific contract.

1. For all contracts administered by a Defense Contract Management Agency (DCMA) office (as shown on Page 1 of the contract, or in a subsequent modification), contractors are to contact the Transportation Office at that DCMA. If the DCMA Transportation Office is unable to provide assistance, contractors may contact transportation customer service at TARPINQ.WSS.fct@navy.mil for transportation arrangements.

2. For FOB Destination contracts, consignment address information is available electronically at the

DoD Activity Address Codes (DODAAC) website https://home.daas.dla.mil/daashome/daasinq.asp.

For this type of contract, additional information can be found in the clause WSSTERMLZ06 entitled

"CONSIGNMENT INSTRUCTIONS."

SECTION G – CONTRACT ADMINISTRATION

G01 - CONTRACT ADMINISTRATION

(a) Responsibility for performance of contract administration functional areas, both normal and optional, applicable to orders under this Agreement is hereby delegated and assigned to the Defense Contract Management Agency. Approval authority for any nonconformance is as provided elsewhere in the contract.

(b) Authority is hereby delegated to the Contract Administration Office to issue "No Cost" reconsignment directions to the contractor pursuant to requests made by the contracting activity.

(c) Copies of all modifications issued by the Administrative Contracting Officer (ACO) shall be distributed as follows:

One (1) copy ATTN to the Contract Specialist in Block 6 of the DD1155 delivery order form; and One (1) copy ATTN to Code N85.

G02 – DFARS 252.232-7006 - WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based

Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

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

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

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

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

(ii) For fixed price line items—

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

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(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.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(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.

[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* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC Issue By DoDAAC Admin DoDAAC** Inspect By DoDAAC Ship To Code Ship From Code Mark For Code Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC

Other DoDAAC(s) (*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the

DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(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.

(Contracting Officer: Insert applicable information or “Not applicable.”)

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

(End of clause)

SECTION H - SPECIAL PROVISIONS

H01 - SUPTXT243-9400(1-92) - AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicate with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

(b) The contractor shall not comply with any order, direction, or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is:

NAME: _____________________________________________________

ADDRESS: __________________________________________________

TELEPHONE: ________________________________________________

H02 - WSSTERMHZ02 - QUALITY ASSURANCE REPRESENTATIVE (QAR)

The contractor shall provide to the Quality Assurance Representative (QAR) the Material Movement Document which will be obtained by the QAR before signing for acceptance in WAWF DD250 Receiving Report. The QAR will validate the contract number, delivery order number, CLIN, shipping location, National Stock Numbers, Serial number and quantities, as applicable. The contractor shall provide the Material Movement Document to the QAR as an attachment to the WAWF documentation.

(3-21)

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I01 – ANNUAL REVIEW OF BASIC PURCHASING AGREEMENT

In accordance with FAR 13.303-6, this BPA will be reviewed on an annual basis and revised as necessary to conform to the FAR and DFARS.

I02 – FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This Agreement 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): See full list at the end of the Table of Contents.

CLAUSE

NUMBER

CLAUSE

TITLE

52.204-7 SYSTEM FOR AWARD MANAGEMENT NOV 2024

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS

DEC 2014

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (applicable when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.)

NOV 2021

252.203-7000 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS

SEP 2011

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS DEC 2022

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER

INCIDENT REPORTING(DEVIATION 2024-O0013, Revision 1)

MAY 2024

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR

LITIGATION SUPPORT

JAN 2023

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES

JAN 2023

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM – BASIC

(applicable in place of FAR 52.225-1; applicable unless one or both of the following clauses apply to all items on the order -- 252.225-7021 and/or 252.225- 7036)

FEB 2024

NUMBER

CLAUSE

TITLE

252.225-7007 PROHIBITION ON ACQUISITION OF CERTAIN ITEMS FROM

COMMUNIST

CHINESE MILITARY COMPANIES (applicable to orders involving the delivery of items covered by the United States Munitions List or the 600 series of the Commerce Control List, unless an exception in 225.770-3 applies)

DEC 2018

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (not applicable if an exception at 225.7002-2 applies)

APR 2022

252.225-7016 RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS (not applicable if the items being acquired do not contain ball and roller bearings, or a waiver has been granted in accordance with 225.7009-4)

JAN 2023

252.225-7021 TRADE AGREEMENTS - BASIC FEB 2024

252.225-7036 BUY AMERICAN – FREE TRADE AGREEMENTS – BALANCE OF

PAYMENTS PROGRAM – BASIC

FEB 2024

252.225-7036 Alt I

BUY AMERICAN – FREE TRADE AGREEMENTS – BALANCE OF

PAYMENTS PROGRAM – ALT I

FEB 2024

252.225-7036 Alt IV

BUY AMERICAN – FREE TRADE AGREEMENTS – BALANCE OF

PAYMENTS PROGRAM – ALT IV

FEB 2024

252.225-7048 EXPORT CONTROLLED ITEMS JUN 2013

252.225-7060 PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG

UYGHUR AUTONOMOUS REGION

JUN 2023

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED

ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS

CONCERNS (Orders >$500K)

JAN 2023

252.232-7010 LEVIES ON CONTRACT PAYMENTS DEC 2006

252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

NOV 2023

252.245-7005 MANAGEMENT AND REPORTING OF GOVERNMENT PROPERTY (Orders with GFP)

JAN 2024

252.246-7008 SOURCES OF ELECTRONIC PARTS (applicable when procuring electronic parts; or end items, components, parts, or assemblies containing electronic parts)

JAN 2023

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA – BASIC (not applicable to orders for direct purchase of ocean transportation services)

OCT 2024

I03 – FAR 52.212-4 - CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

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

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

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference.