18RJV22_sol.pdf

SEE ADDENDUM

(No Collect Calls)

N0016418RJV22 15-Jun-2018

b. TELEPHONE NUMBER

812-854-5908

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 16 Jul 2018

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N001649. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ERIN L WITTMER

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL SURFACE WARFARE CENTER CRANE DIV

E. WITTMER (812-854-5908)

BLDG 3373

300 HWY 361

CRANE IN 47522-5001

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

D0-A4

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 812-854-5908 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,500,000

NAICS:

811111

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF90

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N0016418RJV22

Section 1.0 - Schedule/Inspection & Acceptance/Delivery

PROPOSAL AND CLIN INSTRUCTIONS

All CLIN Instructions and Pricing Matrices are located in Attachment 1. All highlighted items must be filled in to have a VALID proposal.

All Clause fill-ins must be completed. Please pay particular attention to the requirements in the following:

52.212-1 ADDENDUM Proposal Requirements Instructions to Offerors – Commercial Items 52.212-2 Evaluation—Commercial Items

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Lot Limited Technical Inspection (LTI)

FFP

NAVMC 10284 LTI-Motor Transport process and checklist IAW SOW paragraph 3.2 Estimated 2 hrs per vehicle Firm Fixed Price See Pricing Matrix in Attachment 1

FOB: DestinationPSC CD: J025

NET AMT

0002 Lot Vehicle Transportation

FFP

IAW SOW 3.1 and 3.5 Firm Fixed Price per Vehicle

0003 Lot Standard Maintenance

FFP

Firm Fixed Price completed per Vehicle to include both labor and materials.

0004 Lot Bearcat Refurbishment

FFP

Firm Fixed Price to include both labor and materials.

0005 Lot HMMWV Refurbishment

FFP

Firm Fixed Price to include both labor and materials.

0006 Hours Bearcat Time

T&M

Labor Hour funded with estimated labor hours.

Contractor to propose T&M Rate

TOT ESTIMATED PRICE

CEILING PRICE

0007 Lot Bearcat Materials

T&M

Contractor to propose cost of materials based upon LTI.

0008 Hours HMMWV Time

T&M

Labor Hour funded with estimated labor hours.

Contractor to propose T&M Rate.

0009 Lot HMMWV Materials

T&M

Contractor to propose cost of materials based upon LTI.

0010 Hours LVSR Time

T&M

Labor Hour funded with estimated labor hours.

Contractor to propose T&M Rate.

0011 Lot LVSR Materials

T&M

0012 Hours 7-Ton Time

T&M

Labor Hour funded with estimated labor hours.

Contractor to propose T&M Rate.

0013 Lot 7-Ton Materials

T&M

0014 Hours JLTV Time

T&M

Labor Hour funded with estimated labor hours.

Contractor to propose T&M Rate.

0015 Lot JLTV Materials

T&M

0016 Hours ARFF Time

T&M

Labor Hour funded with estimated labor hours.

Contractor to propose T&M Rate.

0017 Lot ARFF Materials

T&M

0018 Hours Tactical Trailer Time

T&M

Labor Hour funded with estimated labor hours.

Contractor to propose T&M Rate.

0019 Lot Tactical Trailer Materials

T&M

0020 Hours Other JXV Program Vehicle Time

T&M

Labor Hour funded with estimated labor hours.

Contractor to propose T&M Rate.

0021 Lot Other JXV Program Vehicle Materials

T&M

0022 Lot Travel Cost

FFP

IAW SOW 3.6.

Firm Fixed Price to include both materials and labor.

To be proposed/negotiated per order.

0023 Lot Post Repair Inspection

FFP

IAW SOW paragraph 3.4 Estimated 2 hrs per vehicle Firm Fixed Price

0024 Lot

CDRLS IAW SOW 3.2, 3.3, 3.4

A001 – Joint LTI Report NAVMC 10284 Limited Technical Inspection (LTI) – Motor Transport process and checklist A002 – Repair Cost Estimate (Contractor format) A003 – Post Repair Inspection Checklist

Not Separately Priced (NSP)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Origin Government Origin Government 0002 Destination Government Destination Government 0003 Origin Government Origin Government 0004 Origin Government Origin Government 0005 Origin Government Origin Government 0006 Origin Government Origin Government 0007 Origin Government Origin Government 0008 Origin Government Origin Government 0009 Origin Government Origin Government 0010 Origin Government Origin Government 0011 Origin Government Origin Government 0012 Origin Government Origin Government 0013 Origin Government Origin Government 0014 Origin Government Origin Government 0015 Origin Government Origin Government 0016 Origin Government Origin Government 0017 Origin Government Origin Government 0018 Origin Government Origin Government 0019 Origin Government Origin Government 0020 Origin Government Origin Government 0021 Origin Government Origin Government 0022 Origin Government Origin Government 0023 Origin Government Origin Government 0024 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 4 dys. ADC N/A

FOB: Destination

0002 N/A N/A N/A N/A

0003 2 wks. ADC N/A

0004 10 wks. ADC N/A

0005 10 wks. ADC N/A

0006 N/A N/A N/A N/A

0007 N/A N/A N/A N/A

0008 N/A N/A N/A N/A

0009 N/A N/A N/A N/A

0010 N/A N/A N/A N/A

0011 N/A N/A N/A N/A

0012 N/A N/A N/A N/A

0013 N/A N/A N/A N/A

0014 N/A N/A N/A N/A

0015 N/A N/A N/A N/A

0016 N/A N/A N/A N/A

0017 N/A N/A N/A N/A

0018 N/A N/A N/A N/A

0019 N/A N/A N/A N/A

0020 N/A N/A N/A N/A

0021 N/A N/A N/A N/A

0022 N/A N/A N/A N/A

0023 4 dys. ADC NAVAL SURFACE WARFARE CENTER

CRANE DIV

M/F: LEVI SHIELDS (BLDG 41)

PROPERTY MANAGEMENT OFFICE

CODE 013 BLDG 2037

300 HWY 361

CRANE IN 47522-5001

812-854-8578

N00164

0024 N/A N/A N/A N/A

CLAUSES INCORPORATED BY FULL TEXT

CNIN-NOTICE-0001 SECTION B NOTES (JUL 2015)

1. The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. Offers may obtain information on SAM registration and annual confirmation at https://www.sam.gov or https://www.acquisition.gov and by phone at 1-866-606-8220.

2. Data Item Descriptions (DIDS) referenced in the attached Contract Data Requirements List(s) (CDRLs) are available at the following website: http://www.assistdocs.com

3. Export control - Deleted

4. Technical questions concerning this procurement shall be submitted in writing to arrive at NSWC Crane no later than 2:00 PM EST on the seventh calendar day preceding the closing date shown on page 1 addressed as follows:

COMMANDER

CONTRACTING OFFICER/SPECIALIST Erin Wittmer

NSWC CRANE DIVISION

300 HWY 361

CRANE IN 47522-5000

or E-mail questions to erin.wittmer@navy.mil

5. Any amendments to the subject solicitation will be posted to FedBizOpps (http://www.fbo.gov). The complete solicitation package, including all amendments, should be received and reviewed prior to submitting a response.

It is the responsibility of the offeror to obtain all amendments and/or other applicable documents prior to submission of the offer. Under these circumstances, offerors are reminded to include acknowledgement of acceptance of these amendments in their offer.

(End of Text)

CNIN-NOTICE-0002 NSWC CRANE GENERAL PROCUREMENT INFORMATION (MAY 2017)

1. TAX EXEMPTION

Section 39(A) and Section 6 of the Indiana Gross Income Tax Act of 1933, specifically exempts NSWC Crane Division as a government activity from any payment of sales and use taxes. The assigned Exemption Number is 0018103400015

2. BUSINESS HOURS

NSWC Crane Division allows flexible working hours for its employees. The core time when all employees are scheduled to work is 9:00 am to 2:30 pm (local time).

3. NSWC CRANE RECEIVING FACILITY SCHEDULE

Contractors shall schedule deliveries to ensure arrival at destination only on Monday through Friday (excluding holidays) between the hours of 7:00 A.M. and 2:00 P.M. Eastern Standard Time (EST). The receiving facility is closed on Saturdays and Sundays.

Contractors shall ensure deliveries of EXPLOSIVE MATERIALS arrive at destination only on Monday through Thursday (excluding holidays) between the hours of 7:00 A.M. and 2:00 P.M. EST. The receiving facility for explosives is closed on Fridays, Saturdays and Sundays.

4. HANDLING OF INFORMATION BY CONTRACTOR SUPPORT PERSONNEL

Contractors are hereby notified that contractor support personnel within the NSWC Crane Contracting Department may be handling Bid and Proposal or Quote data as well as other correspondence and documentation concerning this action. Non-disclosure statements have been executed by all contractor support personnel participating in the process and are maintained by NSWC Crane.

SOW

Statement of Work Vehicle Maintenance Contract

Ground Mobility Engineering Branch (JXVM)

1.0 SCOPE

Maintenance and up to, and including refurbishment and Inspect or Repair Only As Necessary (IROAN) will be performed on but not limited to the following vehicles:

Bearcats, High Mobility Multi-Wheeled Vehicles (HMMWV), Logistics Vehicle System Replacement (LVSR), 7-Ton Trucks , Joint Light Tactical Vehicle (JLTV), Aircraft Rescue Fire Fighting (ARFF), and Tactical Trailer. The proposed Period of Performance (POP) for this contract is 5 years. The estimated quantity of vehicles is as follows:

Year 1 Year 2 Year 3 Year 4 Year 5 Bearcat 10 10 10 10 10

HMMWV 6 6 6 6 6

LVSR 1 1 1 1 1

7-Ton Truck 1 1 1 1 1

JLTV 1 1 1 1 1

ARFF 1 1 1 1 1

Tactical Trailer 3 3 3 3 3 Ballistic Glass Replacement 10 10 10 10 10

1.1 Background

Historically, Naval Facilities (NAVFAC) Engineering Command has supported all echelons of maintenance for the tactical vehicles affiliated with Command, Control, Communications, Computers, Cybersecurity, Intelligence, Surveillance, and Reconnaissance (C5ISR) Integration Division programs at NSWC Crane. A memorandum released by NAVFAC on 22-Sep-2016 stated that all tactical vehicle support would cease in Fiscal Year (FY) 17. This discontinuation of support leaves the C5ISR Division with a gap in capabilities that the Division’s customers have relied upon for many years. The intent of this contract will be to fill this gap on all current and future tactical vehicle platforms. The vehicles that are currently being supported are produced by AM General, Lenco (Bearcat integrator), Ford Motor Company (F550 Bearcat chassis/drivetrain), Caterpillar (Engines in larger vehicles).

2.0 APPLICABLE DOCUMENTS

2.1 Government Documents

NAVMC 10284 Limited Technical Inspection (LTI) – Motor Transport process and checklist DoD 4160.21-M Defense Material Disposition Manual NRL/MR/6350 14-9501 Repair Methods for Delaminated Transparent Armor Bearcat Refurbishment List HMMWV Refurbishment List

3.0 REQUIREMENTS

3.1 Vehicle Transportation

The Government will ship the majority of vehicles to the Contractor. For the remaining vehicles, the Contractor shall provide transportation from or perform maintenance activities at a SeaPort-e Contractor’s facility in Bedford, IN or NSWC Crane. The Government will notify the Contractor of those vehicles requiring transportation or onsite maintenance via the funding of an order for transportation and/or a LTI.

3.2 Joint Limited Technical Inspection (LTI)

The Contractor shall schedule the funded LTI with the Government to occur within 4 working days after receipt of the vehicle or funding of the LTI. The Contractor shall not perform an LTI or any other evaluation without a Government Representative present. This limited technical inspection shall be completed in accordance with NAVMC 10284 Limited Technical Inspection (LTI) and will allow the Contractor to look at the vehicle and to gain an initial impression of the current state of the vehicle. The Joint LTI will also drastically reduce any discrepancies with the condition of the vehicle between the Contractor and the Government. The time allowed for the Joint (LTI) shall be a maximum of 2 hours.

A001 – Joint LTI Report NAVMC 10284 Limited Technical Inspection (LTI) –

Motor Transport process and checklist

3.3 Repair Cost Estimate

The Contractor shall have 1 business day after the LTI to prepare an estimate for the repair of the vehicle. Repairs will either be firm fixed price or on a time and materials basis.

No repair work shall commence until the COR has approved the repair cost estimate and a modification to apply funding has been issued.

A002 – Repair Cost Estimate (Contractor format)

3.3.1 Chemical Agent Resistant Coating (CARC) Application

The vehicles that are being repaired may require the application of CARC Paint to repair areas of the vehicle that were damaged upon receipt or were damaged (intentionally or unintentionally) during the repair of the vehicle.

The Contractor shall have the capability to perform small repairs up to and including painting an entire vehicle.

3.3.2 Ballistic Glass Re-lamination/Replacement

The Bearcats and the M1116 HMMWV both contain ballistic glass. Over time, this ballistic glass will de-laminate causing the glass to be unsafe for use due to lack of visibility. In order to correct this issue, NSWC Crane has been re-laminating the glass through the use of a process developed by the Naval Research Laboratory (Repair Methods for Delaminated Transparent Armor NRL/MR/6350—14-9501). This process involves the use of an autoclave to apply a prescribed pressure and heat to the glass over a period of time. This re-lamination process has previously been completed by Indy Performance Composites (IPC).

The contractor shall be provided the instruction for this re-lamination and have the ability to re-laminate the glass or the ability to sub-contract this effort. In the event that the ballistic glass is unable to be re-laminated, the Contractor shall buy new replacement ballistic glass.

3.3.3 IROAN

The IROAN process is defined as a maintenance technique which determines the minimum repairs necessary to restore equipment, components, or assemblies to prescribed serviceability standards by utilizing all diagnostic equipment and test procedures in order to minimize unnecessary disassembly and parts replacement. The IROAN process never adds any new capability to the vehicle; it only returns the vehicle to a fully functioning vehicle in its most current documented configuration.

The turnaround time for IROANs shall be no more than 10 weeks from the date of the LTI.

3.3.4 Refurbishment / Remanufacture

Similar to the IROAN process, the refurbishment process shall restore equipment, components, or assemblies to prescribed serviceability standards in their most current documented configuration. The Bearcat Refurbishment List and HMMWV Refurbishment List state items that shall be restored to the most current documented configurations for Bearcats and HMMWVs, respectively. The turnaround time allocated for refurbishment shall be no more than 10 weeks from the date of the LTI.

3.3.5 Standard Maintenance

The following maintenance procedures will be fixed price for each type of vehicle listed in this SOW: oil/oil filter change, belt replacement, tire change/replacement, transmission fluid change, differential oil change, fuel filter change, and grease all Zerk fittings.

3.4 Post Repair Inspection

The Contractor shall provide a post repair inspection checklist at the conclusion of the vehicle repair. This report may be in the Contractor’s format and will vary depending on the level of repair that the vehicle required. At a minimum, the report shall contain the following information: Vehicle serial number, vehicle mileage, vehicle hours (if available), date of inspection, parts inspected, inspection method (visual, driving, gauge reading, etc.) and result of inspection, miles vehicle was driven after repair.

The Government will perform a post repair inspection of the vehicle at the Contractor facility. Should an item that was listed as repaired be found to be faulty, the Requiring Technical Authority (RTA) of this contract along with the Contractor representative shall work through the Contracting Officer’s Representative (COR) in order to resolve the issue.

If within 30 days of vehicle delivery to the Government, the vehicle requires transportation back to the Contractor due to the vehicle malfunctioning in the same way that was recorded in the Joint LTI, the Contractor shall not be reimbursed for the transportation or the repair.

A003 – Post Repair Inspection Checklist

3.5 Vehicle Return Transportation

Once the vehicle repair has been completed, the Contractor shall be responsible for arranging transportation of the vehicles to the Government facility.

Transportation of the vehicle back to the Government facility must be able to be completed in 72 hours (transportation estimate to Kings Bay, GA; Silverdale, WA; Bedford, IN; and NSWC Crane).

3.6 Travel

The Contractor may be required to travel to a location other than NSWC Crane in part to assist the government in assessing vehicles prior to shipment. This would be done in an effort to be able to select vehicles that are in the best condition, therefore making them the most cost effective candidates for use and/or repair.

Due to the size of some tactical vehicles, it may be necessary for the Contractor to also perform maintenance and/or repairs at locations other the Contractor’s facility.

4.0 GOVERNMENT FURNISHED EQUIPMENT, MATERIAL, AND

INFORMATION

The Government shall provide the following items that are critical to accomplishment of the tasking in this SOW:

4.1 Government Furnished Equipment (GFE)

Vehicle Automated Diagnostic Equipment (VADS)

4.2 Government Furnished Information

Ballistic Glass Re-Lamination Instruction Vehicle Technical Manual (TM) as required

5.0 DATA DELIVERABLES

Paragraph CDRL Data Description

3.2 A001 Joint Limited Technical Inspection Report

3.3 A002 Repair Cost Estimate (Contractor Format)

3.4 A003 Post Repair Inspection Checklist

6.0 SPECIAL CONSIDERATIONS

6.1 Security

While the vehicle is at the Contractor’s place of business, the vehicle will need to be secured. The ideal situation would be that the vehicle is contained in an access controlled lot. If this is not available, securing the vehicles independently is acceptable. Securing the vehicles can be done by locking the doors (if locks are present) or placing padlocks on the doors.

6.2 Government Personnel in Contractor Workspace

Some of the vehicles are at NSWC Crane for the purpose of receiving Engineering Change Proposals (ECPs) in addition to the vehicle maintenance to be provided by the Contractor. Depending on the complexity, NSWC Crane personnel may train Contractor personnel to perform the ECPs. This would occur at the Contractor facility. It may also be necessary for NSWC Crane personnel to perform the ECPs at the Contractor facility. The extent of this work is unknown.

Section 2.0 - Accounting Information

PAYMENT OFFICE INSTRUCTIONS

Payment Office Instructions

For Government Use Only

Contract/Order Payment Clause

Type of Payment Request Supply Service Construction

Payment Office

Allocation Method

52.212-4 (Alt I), Contract Terms and Conditions— Commercial Items

52.216-7, Allowable Cost and Payment

52.232-7, Payments under Time-and- Materials and Labor-Hour Contracts

Cost Voucher X X N/A Line item specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

52.232-1, Payments Navy Shipbuilding Invoice (Fixed Price)

X N/A N/A Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-1, Payments;

52.232-2, Payments under Fixed-Price Research and Development Contracts;

52.232-3, Payments under Personal Services Contracts;

52.232-4, Payments

Invoice X X N/A Line Item Specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

under Transportation Contracts and Transportation- Related Services Contracts; and

52.232-6, Payments under Communication Service Contracts with Common Carriers

52.232-5, Payments Under Fixed-Price Construction Contracts

Construction Payment Invoice

N/A N/A X Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-16, Progress Payments

Progress Payment*

X X N/A Contract-wide proration. Funds shall be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN. Progress Payments are considered contract level financing, and the “contract price” shall reflect the fixed price portion of the contract per FAR 32.501-3.

52.232-29, Terms for Financing of Purchases of Commercial Items;

52.232-30, Installment Payments for

Commercial Item Financing*

X X N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR

Commercial Items 32.207(b)(2) and 32.1007(b)(2).

52.232-32, Performance-Based Payments

Performance- Based Payments*

X X N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).

252.232-7002, Progress Payments for Foreign Military Sales Acquisitions

Progress Payment*

X X N/A Allocate costs among line items and countries in a manner acceptable to the Administrative Contracting Officer.

*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial item financing).

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JAN 2017) ALTERNATE I

(JAN 2017)

When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(a) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) IAW SOW paragraph 3.4, if within 30 days of vehicle delivery to the Government, the Government notifies the Contractor that the vehicle requires transportation back to the Contractor due to the vehicle malfunctioning in the same way that was recorded in the Joint LTI, the Contractor shall perform the required correction(s) and shall not be reimbursed for the additional transportation and repair(s). At any time during contract performance beyond the aforementioned 30 days, but not later than 6 months after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent.

The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.

(5) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to—

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(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, as amended (41 U.S.C. 601-613).

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 FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions.

(1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause—

(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are—

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) Materials means—

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: None; and

(E) Indirect costs specifically provided for in this clause.

(iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payments.

(1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial item at 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the--

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor—

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall—

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: None

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.. The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price:

$0

(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will aSAMue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously aSAMued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment—

(A) The original timecards (paper-based or electronic);

(B) The Contractor’s timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost—

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor's payment will be made by check. If the

Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6)(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C.

7109,which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(viii) Upon receipt and approval of the invoice designated by the Contractor as the ``completion invoice'' and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.

(7) Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions.

(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor.

(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.

(iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.

(8) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(9) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(10) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience.