24Q0112_SOL.pdf

SEE ADDENDUM

(No Collect Calls)

N0016424Q0112 07-Mar-2024

b. TELEPHONE NUMBER

812-854-6958

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 15 Mar 2024

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

MARK R SWARTZENTRUBER

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 ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL SURFACE WARFARE CENTER CRANE DIV

M. SWARTZENTRUBER (812-854-6958)

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

DO-A7

CODE15. DELIVER TO CODE N00164 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL SURFACE WARFARE CENTER CRANE DIV

M/F: TYSON ALLBRIGHT (BLDG 3330 C)

BLDG 41 SE CENTRAL RECEIVING

300 HWY 361

CRANE IN 47522-5001

TEL: 812-854-4892 FAX:

FAX:

TEL: 812-854-6958 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$34,000,000

NAICS:

811210

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 OF46

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.

N0016424Q0112

Section A - Solicitation/Contract Form

GFP - DFARS 252-245-7005

NOTE REGARDING GFP -

RFQ N0016424Q0112 applies the following FAR and DFARS Clauses:

FAR 52.245-1, 52.245-9, DFARS 252.245-7003 and the new DFARS 252.245-7005.

DFARS CLAUSE 252.245-7005 requires the contractor to execute the following in PIEE:

- Report receipt of GFP (DFARS 252.245-7005(b)) Reporting Government property DFARS 252.245-7005 requires the contractor to execute the following in Wide Area WorkFlow (WAWF)

- Report shipment of reparable items (DFARS 252.245-7005(b)(4))) IAW DFARS Appendix F, Material Inspection and Receiving Report.

Appendix F – Material Inspection and Receiving Report Link:

https://www.acquisition.gov/dfars/appendix-f-material-inspection-and-receiving-report

Contractor GFP Training is available at the following link: https://dodprocurementtoolbox.com/events GFP Clause Consolidation Overview

Mar 13, 10 - 11 AM EST Describes DFARS 252.245-7005 "Management and Reporting of Government Property" effective January 2024 and changes from the legacy DFARS clauses.

All GFP Webinars will be via WebEx using this link: https://ibm.webex.com/meet/tyler.caron

Audio will be via WebEx or call-in:

844-531-0958 Access Code: 145 787 0863

If you use the call-in option please be sure that your computer is muted.

Slides are posted on the DoD Procurement Toolbox: https://dodprocurementtoolbox.com/site-pages/gfp-training

Please feel free to forward. Training is open to Government and Industry. All participants will be MUTED. You may ask questions in the chat box or use the "Contact Us" link on the DoD Procurement Toolbox to submit them before the webinar.

SOLE SOURCE PROCUREMENT

SOLE SOURCE PROCUREMENT- The proposed contract action is for the supplies or services for which the Government intends to solicit and negotiate with one source, Keysight Technologies, Inc., 1900 Garden of the Gods Rd., Colorado Springs, CO 80907-3423, CAGE CODE 7ZXR5, under the authority of FAR 13.106-1. This is being sole sourced because Items Peculiarity to Manufacturer. Keysight Technologies, Inc. is the Original Equipment Manufacturer (OEM) and does not authorize 3rd party repairs. Keysight Technologies Inc. is considered the only responsible source possessing sufficient requisite knowledge, engineering expertise, and technical data to calibrate and repair to the OEM specific. All responsible sources may submit a capability statement, which shall be considered by the agency. However, a determination by the Government not to compete with this proposed contract based upon responses to this solicitation is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement.

Contractors must be properly registered in the System for Award Management (SAM). Offerors may obtain information on SAM registration and annual confirmation requirements by calling 866-606-8220 or via the internet at https://sam.gov.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QTY U/I UNIT PRICE AMOUNT

0001 Repair - SG40002327

1 Lot

Items Peculiar to One Manufacturer Keysight Technologies, Inc.

Return to Keysight Repair of DC Power Module to OEM specifications Part Number: 66103A Serial Number: SG40002327 IAW Statement of Work.

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN 47522

Accelerated deliveries will be accepted at no additional cost to the GOVT

PSC: J066

FOB: Destination

FFP

0002 Repair - SG52000102

Keysight Technologies, Inc.

Return to Keysight Reapir of DC Power Module to OEM specifications Part Number: 66102A Serial Number: SG52000102 IAW Statement of Work

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0003 Repair - SG52000101

Keysight Technologies, Inc.

Return to Keysight Reapir of DC Power Module to OEM specifications Part Number: 66102A Serial Number: SG52000101 IAW Statement of Work

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0004 Repair - SG44000449

Keysight Technologies, Inc.

Keysight Exchanger of Multifunction Switch / Measure Unit Part Number: 34980A Serial Number: SG44000449 IAW Statement of Work

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0005 Repair - SG52000112

Keysight Technologies, Inc.

Return to Keysight Reapir of DC Power Module to OEM specifications Part Number: 66101A Serial Number: SG52000112 IAW Statement of Work

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0006 Evaluation - MY51100009

Keysight Technologies, Inc.

Evaluation of PSA Spectrum Analyzer Part Number: E4443A Serial Number: MY51100009 IAW Statement of Work

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0007 Option #1 - Repair of

MY51100009

OPTION Option #1, Additonal Repair Items Peculiar to One Manufacturer Keysight Technologies, Inc.

Repair of PSA Spectrum Analyzer to OEM specifications Part Number: E4443A Serial Number: MY51100009 IAW Statement of Work

OPTION TERM OF USE:

Period of performance will be determined when the modification to exercise the option is executed.

QUOTE FOR REPAIR MUST BE SENT TO THE CONTRACTING OFFICER teresa.crevier@navy.mil and the contract specialist at mark.swartzentruber@navy.mil

Per the T/C Option Pricing will be finalized with Colby Instruments. prior to Option exercised via written confirmation. If exercised via SF-30, Option #1, CLIN 0007 shall not exceed $12,000.00.

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0008 Repair - SG52000112

Keysight Technologies, Inc.

Return to Keysight Repair of DC Power Module to OEM specifications Part Number: 66103A Serial Number: SG52000112 IAW Statement of Work

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0009 Evaluation - MY43021230

Keysight Technologies, Inc.

Evaluation of Network Anallyzer Part Number: E8362B Serial Number: MY43021230 IAW Statement of Work

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0010 OPTION #2, Evaluation -

MY43021230

OPTION Items Peculiar to One Manufacturer Keysight Technologies, Inc.

Evaluation of Network Anallyzer Part Number: E8362B Serial Number: MY43021230 IAW Statement of Work

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0011 Repair - SG57500002

Keysight Technologies, Inc.

Return to Keysight Repair of Coaxial Thermistor Mount to OEM specifications Part Number: 478A Serial Number: SG57500002 IAW Statement of Work

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0012 Repair - MY46520380

Keysight Technologies, Inc.

Return to Keysight Repair of PSG Analog Signal Analyzer to OEM specifications Part Number: E8257D Serial Number: MY46520380 IAW Statement of Work

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0013 Repair - MY40002959

Keysight Technologies, Inc.

Return to Keysight Repair of DC Power Module to OEM specifications Part Number: 6653A Serial Number: MY40002959

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0014 Repair - SG55330109

Keysight Technologies, Inc.

Return to Keysight Repair of PSA Signal Analyzere to OEM specifications Part Number: N9030A Serial Number: SG55330109 IAW Statement of Work

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0015 Repair - MY57280126

Keysight Technologies, Inc.

Return to Keysight Repair of PSG Analog Signal Analyzer to OEM specifications Part Number: E8257D

Serial Number: MY57280126

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0016 Repair - MY46106126

Keysight Technologies, Inc.

Return to Keysight Repair of ENA Series Network Analyzer to OEM specifications Part Number: E5071C Serial Number: MY46106126 IAW Statement of Work

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0017 Evaluation - SG54370038

Keysight Technologies, Inc.

Evaluation of PSA Spectrum Analyzer to OEM specifications Part Number: E4440A Serial Number: SG54370038 IAW Statement of Work

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0018 Option #3 - Repair of

SG54370038

Keysight Technologies, Inc.

Repair of PSA Spectrum Analyzer to OEM specifications Part Number: E4440A Serial Number: SG54370038 IAW Statement of Work

OPTION TERM OF USE:

Period of performance will be determined when the modification to exercise the option is executed.

QUOTE FOR REPAIR MUST BE SENT TO THE CONTRACTING OFFICER teresa.crevier@navy.mil and the contract specialist at mark.swartzentruber@navy.mil

Per the T/C Option Pricing will be finalized with Colby Instruments. prior to Option exercised via written confirmation. If exercised via SF-30, Option #3, CLIN 0018 shall not exceed $12,000.00.

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0019 Evaluation - 2222A00764

Keysight Technologies, Inc.

Evaluation of Noise Figure Meter Part Number: 8970A Serial Number: 2222A00764 IAW Statement of Work

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0020 Option #4 - Repair of

2222A00764

Keysight Technologies, Inc.

Repair of Noise Figure Meter to OEM specifications Part Number: 8970A Serial Number: 2222A00764 IAW Statement of Work

OPTION TERM OF USE:

Period of performance will be determined when the modification to exercise the option is executed.

QUOTE FOR REPAIR MUST BE SENT TO THE CONTRACTING OFFICER teresa.crevier@navy.mil and the contract specialist at mark.swartzentruber@navy.mil

Per the T/C Option Pricing will be finalized with Colby Instruments. prior to Option exercised via written confirmation. If exercised via SF-30, Option #4, CLIN 0020 shall not exceed $7,000.00.

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0021 Evaluation - US40420693

Keysight Technologies, Inc.

Evaluation of PSA Spectrum Analyzer to OEM specifications Part Number: E4440A Serial Number: US40420693 IAW Statement of Work

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

0022 Option #5 - Repair of

US40420693

Keysight Technologies, Inc.

Repair of PSA Spectrum Analyzer to OEM specifications Part Number: E4440A Serial Number: US40420693 IAW Statement of Work

OPTION TERM OF USE:

Period of performance will be determined when the modification to exercise the option is executed.

QUOTE FOR REPAIR MUST BE SENT TO THE CONTRACTING OFFICER teresa.crevier@navy.mil and the contract specialist at mark.swartzentruber@navy.mil

Per the T/C Option Pricing will be finalized with Colby Instruments. prior to Option exercised via written confirmation. If exercised via SF-30, Option #5, CLIN 0022 shall not exceed $12,000.00.

Return Shipping Included to NSWC Crane, IN 47522

Furnish all labor, materials, supplies, equipment, supervision and transportation, FOB Destination, Crane, IN

SOW

Statement of Work

STATEMENT OF WORK (SOW)

FOR

Repair of Test Equipment

WXS-0095

1 SCOPE

This service agreement is to cover the repair of the assets listed below that are used to support the repair, overhaul and RFI Navy Components within the Airborne Electronic Attack Systems Sustainment Branch:

Repair of Test Equipment to OEM specs Line# 1 - Nomen: Power Module, PN: 66103A, SN: SG40002327, 1 AU, Line# 2 - Nomen: Power Module, PN: 66102A, SN: SG52000102, 1 AU, Line# 3 - Nomen: Power Module, PN: 66102A, SN: SG52000101, 1 AU Line# 4 - Nomen: Multifunction Switch, PN: 34980A, SN: SG44000449, 1 AU, Line# 5 - Nomen: Power Module, PN: 66101A, SN: SG52000112, Fault: 1 AU, Line# 6 - Nomen: Spectrum Analyzer, PN: E4443A, SN: MY51100009, 1 AU, Evaluation:– Option NTE Line# 7 - Nomen: Power Module, PN: 66103A, SN: SG52000112, 1 AU Line# 8 - Nomen: Network Analyzer, PN: E8362B, SN: MY43021230, 1 AU, Evaluation:– Option NTE Line# 9 - Nomen: Thermistor Mount, PN: 478A, SN: SG57500002, 1 AU, Line# 10 - Nomen: Signal Generator, PN: E8257D, SN: MY46520380, 1 AU, Line# 11 - Nomen: Power Supply, PN: 6653A, SN: MY40002959, 1 AU, Line# 12 - Nomen: Signal Analyzer, PN: N9030A, SN: SG55330109, 1 AU, Line# 13 - Nomen: Signal Generator, PN: E8257D, SN: MY57280126, 1 AU, Line# 14 - Nomen: Network Analyzer, PN: E5071C, SN: MY46106126, 1 AU, Line# 15 - Nomen: Spectrum Analyzer, PN: E4440A, SN: SG54370038, 1 AU, Evaluation:– Option NTE Line# 16 - Nomen: Noise Figure Meter, PN: 8970A, SN: 2222A00764, 1 AU, Evaluation:– Option NTE Line# 17 - Nomen: Spectrum Analyzer, PN: E4440A, SN: US40420693, 1 AU, Evaluation:– Option NTE

2.0. APPLICABLE DOCUMENTS

3 REQUIREMENTS

Perform the repair to OEM specifications. RDD: As specified in POP

4.0 Government Furnished Property

4.1 GFP may be required for completion of tasks under this SOW.

Procurement Integrated Enterprise Environment (PIEE) GFP Module Reporting & Accountability All Government Furnished Property is property of the U.S. Government and shall not be transferred to any individual or agency, public or private, without the express written approval of the originating Contracting Officer except as required for the specific performance of tasks under this contract/order. Accountability for Government Property under this contract/order shall be managed in accordance with FAR Part 45, DFARS Part 245 and DFARS PGI Part 245 as well as the Government Property clauses in the contract/order whether acquired by the prime or subcontractors (Contractor Acquired Property), provided by the Government, or received directly from another commercial source as a deliverable from a Government issued contract. Additional Government Property accountability requirements are outlined in the following Directives and Instructions and shall be adhered to as applicable:

DODD 4161.02, Accountability & Management of Government Contract Property DoDM 4140.01, DoD Supply Chain Material Management Procedures: Material Returns, Retention and Disposition DODI 5000.64, Accountability & Management of DoD Equipment and Other Accountable Property OPNAVINST 4440.26A, Operating Materials & Supplies and Government Furnished Material Management SECNAVINST 5200.43A, Government Furnished Property, Accountability and Management NAVSEAINST 5200.15, General Equipment Accountability

4.1.1 Receipt Reporting: FAR 52.245-1(f)(1)(ii) requires the contractor to report receipt of all GFP.

DFARS 252.245-7005 Management and Reporting of Government Property (effective 22 Jan 2024) and DoDI 4161.02 requires receipt of GFP in the GFP Module, the contractor will also send an email notification to cran_gfpaccounta.fct@navy.mil to ensure the NSWC Crane Property Management Division is notified.

4.1.2 Shipping Notification: DoDI 4161.02 requires use of electronic transactions when transferring Government property to a contractor and upon return of property to DoD. In accordance with (IAW) DFARS 252.245-7005(b)(4) (effective 22 Jan 2024) for reparables, the contractor shall use the Wide Area WorkFlow (WAWF) IAW DFARS Appendix F, Material Inspection and Receiving Report, to report the shipment of reparable items after completion of repair, maintenance, modification, or overhaul. At the time of creating the shipping document to return GFP using the WAWF the contractor will also send an email notification to cran_gfpaccounta.fct@navy.mil to ensure the NSWC Crane Property Management Division is notified.

4.1.3 Lost, Damaged or Stolen GFP Reporting: FAR clause 52.245-1 requires the contractor to investigate and report to the Government all incidents of property loss as soon as the facts become known.

DFARS 252.245-7002(b)(1), further requires the contractor to report lost, damaged or stolen government property using the Property Loss functionality within the PIEE GFP Module.

4.2 Inventory Reporting: FAR 52.245-1 requires the contractor to periodically perform, record, and disclose physical inventory results. While the FAR clause does not define “periodically,” frequency of on-hand inventory count are in the Contract Data Requirements List (CDRL) identified in this contract.”

5.0 Counterfeit Parts and Material

Counterfeit materiel is a serious threat to the safety and operational effectiveness of DoD systems. The Contractor (and subcontractors at all tiers) shall implement a risk mitigation process when obtaining critical or high risk materiel in accordance with paragraphs (a) and (b) below:

1. If the materiel is currently in production or currently available, the materiel shall be obtained only from authorized sources. Authorized sources are the original manufacturer, a source with the express written authority of the original manufacturer or current design activity, or an authorized aftermarket manufacturer.

(b) If the materiel is not in production or currently available from authorized sources, the materiel shall be obtained from suppliers that meet appropriate counterfeit avoidance criteria. Counterfeit avoidance criteria can be found in the following Industry Standards - SAE AS5553A; SAE AS6462; SAE AS6081; SAE ARP6178; SAE AS6174A;

and SAE AS6301.

Contractors shall notify the contracting officer when critical or high risk materiel cannot be obtained from an authorized source. The contractor shall take mitigating actions to authenticate the materiel if purchased from another source.

The contractor shall report instances of counterfeit and suspect counterfeit materiel to the Contracting Officer and the Government-Industry Data Exchange Program (GIDEP) as soon as the contractor becomes aware of the issue.

6. SECURITY

All work performed under this contract shall be UNCLASSIFIED.

7. N/A

8. POINTS OF CONTACT (POCs)

Technical POC, Tyson Allbright, tyson.r.allbright.civ@us.navy.mil, (812) 854-4892

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

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

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 22-MAR-2024 TO

10-MAY-2024

N/A NAVAL SURFACE WARFARE CENTER

CRANE DIV

M/F: TYSON ALLBRIGHT (BLDG 3330 C)

BLDG 41 SE CENTRAL RECEIVING

300 HWY 361

CRANE IN 47522-5001

812-854-4892

N00164

0002 POP 22-MAR-2024 TO

10-MAY-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 22-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 22-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 22-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 22-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 22-MAR-2024 TO

30-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 22-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 22-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 22-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 22-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0012 POP 22-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0013 POP 22-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0014 POP 22-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0015 POP 22-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0016 POP 22-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0017 POP 22-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0018 POP 22-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0019 POP 22-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0020 POP 22-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0021 POP 22-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0022 POP 22-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018)

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

Contract financing payment means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government.

(1) Contract financing payments include--

(i) Advance payments;

(ii) Performance-based payments;

(iii) Commercial advance and interim payments;

(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress Payments;

(v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used.

(2) Contract financing payments do not include--

(i) Invoice payments;

(ii) Payments for partial deliveries; or

(iii) Lease and rental payments.

Electronic form means any automated system that transmits information electronically from the initiating system to affected systems.

Invoice payment means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.

(1) Invoice payments include--

(i) Payments for partial deliveries that have been accepted by the Government;

(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;

(iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under Fixed- Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25, Prompt Payment, is used.

(2) Invoice payments do not include contract financing payments.

Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order.

Receiving report means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement.

(b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order.

(c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats:

(1) Electronic Data Interchange.

(2) Secure File Transfer Protocol.

(3) Direct input through the WAWF website.

(d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when-

(1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment on a contract or task or delivery order for rendered health care services using the TRICARE Encounter Data System; or

(4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required.

(e) Information regarding WAWF is available at https://wawf.eb.mil/.

(f) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(End of clause)

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

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

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

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

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

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

(ii) For fixed price line items—

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

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice as 2-in-1

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

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

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

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

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

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC N68732 Issue By DoDAAC N00164

Admin DoDAAC** N00164

Inspect By DoDAAC N/A

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N00164

Accept at Other DoDAAC N/A

LPO DoDAAC N00164

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*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.

Send additional notifications to: michael.zondlo@navy.mil For invoicing questions: usn.crane.nswc-cd-crane-in.mbx.cran-acquisitnwawf@us.navy.mil

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

G-232-H005 SUPPLEMENTAL INSTRUCTIONS REGARDING INVOICING (NAVSEA) (JAN 2019)

(a) For other than firm fixed priced contract line item numbers (CLINs), the Contractor agrees to segregate costs incurred under this contract/task order (TO), as applicable, at the lowest level of performance, either at the sub line item number (SLIN) or CLIN level, rather than at the total contract/TO level, and to submit invoices reflecting costs incurred at that level. Supporting documentation in Wide Area Workflow (WAWF) for invoices shall include summaries of work charged during the period covered as well as overall cumulative summaries by individual labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of other direct costs (ODCs), materials, and travel, by technical instruction (TI), SLIN, or CLIN level. For other than firm fixed price subcontracts, subcontractors are also required to provide labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of ODCs, materials, and travel invoiced. Supporting documentation may be encrypted before submission to the prime contractor for WAWF invoice submittal.

Subcontractors may email encryption code information directly to the Contracting Officer and Contracting Officer Representative (COR). Should the subcontractor lack encryption capability, the subcontractor may also email detailed supporting cost information directly to the Contracting Officer and COR; or other method as agreed to by the Contracting Officer.

(b) Contractors submitting payment requests and receiving reports to WAWF using either Electronic Data Interchange (EDI) or Secure File Transfer Protocol (SFTP) shall separately send an email notification to the COR and Contracting Officer on the same date they submit the invoice in WAWF. No payments shall be due if the contractor does not provide the COR and Contracting Officer email notification as required herein.

(End of text)

G-242-W001 CONTRACT ADMINISTRATION FUNCTIONS (NAVSEA) (OCT 2018)

(a) In accordance with FAR 42.302(a) all functions listed are delegated to the ACO except the following items to be retained by the PCO: NO EXCEPTIONS

[ List specific functions that will be retained by the PCO]

(b) In accordance with FAR 42.302(b), the following additional functions are delegated to the ACO:

[ List any additional functions that will be delegated to the ACO]

G-242-H001 GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT AND

RESPONSIBILITIES (NAVSEA) (OCT 2018)

(a) The Government reserves the right to administratively substitute any of the points of contact listed below at any time.

(b) The contracting officer is the only person authorized to change this contract or orders issued thereunder. The Contractor shall not comply with any order, direction or request of Government personnel

- that would constitute a change - unless it is issued in writing and signed by the Contracting Officer or is pursuant to specific authority otherwise included as part of this contract. If, in the opinion of the contractor, an effort outside the existing scope of this contract is requested, the contractor shall promptly comply with the Notification of Changes clause of this contract.

(c) The points of contact are as follows:

(i) The Procuring Contracting Officer (PCO) is:

Name: Teresa Crevier

Address:

300 Highway 361, Crane, IN 47522

Phone: 812-227-0754 E-mail: teresa.crevier@navy.mil

(ii) The Contract Specialist is:

Name: Mark Swartzentruber Address:

300 Highway 361, Crane, IN 47522 Phone: 812-854-6958 E-mail: mark.swartzentuber@navy.mil

(k) The Contractor's point of contact for performance under this contract is:

Raymond McFarlin Government Support Specialist Keysight Technologies, Inc 800 829 4444 ext. 3430 T | 800 829 4433 F Raymond.mcfarlin@keysight.com

[ * ] To be completed at contract award

G-242-H002 HOURS OF OPERATION AND HOLIDAY SCHEDULE (NAVSEA) (OCT 2018)

(a) The policy of this activity is to schedule periods of reduced operations or shutdown during holiday periods.

Deliveries will not be accepted on Saturdays, Sundays or Holidays except as specifically requested by the [insert activity name]. All goods or services attempted to be delivered on a Saturday, Sunday or Holiday without specific instructions from the Contracting Officer or his duly appointed representative will be returned to the contractor at the contractor’s expense with no cost or liability to the U.S. Government.

(b) The federal Government observes the following holidays:

HOLIDAYS*

New Year's Day Martin Luther King's Birthday Presidential Inauguration Day (Washington DC metro area only) President's Day Memorial Day

Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day

* Except for the Presidential Inauguration Day, if the actual date falls on a Saturday, the holiday will be observed the preceding Friday. If the holiday falls on a Sunday, the observance shall be on the following Monday.

The actual date of observance for each of the above holidays, for a specific calendar year, may be obtained from the OPM website at OPM.GOV or by using the following direct link: https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/#url.

(c) Delayed Opening, Early Dismissal and Closure of Government Facilities. When a Government facility has a delayed opening, is closed or Federal employees are dismissed early (due to severe weather, security threat, security exercise, or a facility related problem) that prevents personnel from working, onsite contractor personnel regularly assigned to work at that facility shall follow the same reporting and/or departure directions given to Government personnel. The contractor shall not direct charge to the contract for such time off, but shall follow parent company policies regarding taking leave (administrative or other). Non-essential contractor personnel, who are not required to remain at or report to the facility, shall follow their parent company policy regarding whether they should go/stay home or report to another company facility. Subsequent to an early dismissal, delayed opening, or during periods of inclement weather, onsite contractors should monitor the OPM website as well as radio and television announcements before departing for work to determine if the facility is closed or operating on a delayed arrival basis.

(d) When Federal employees are excused from work due to a holiday or a special event (that is unrelated to severe weather, a security threat, or a facility related problem), on site contractors shall continue working established work hours or take leave in accordance with parent company policy. Those contractor employees who take leave shall not direct charge the non-working hours to the contract. Contractors are responsible for predetermining and disclosing their charging practices for early dismissal, delayed openings, or closings in accordance with the FAR, applicable cost accounting standards, and the company’s established policy and procedures. Contractors shall follow their disclosed charging practices during the contract period of performance, and shall not follow any verbal directions to the contrary. The Contracting Officer will make the determination of cost allowability for time lost due to facility closure in accordance with FAR, applicable Cost Accounting Standards, and the Contractor's established accounting policy and procedures.

(e) If you intend to visit the Contracts Office, it is advised that you call for an appointment at least 24 hours in advance.

(f) The hours of operation are as follows:

NSWC Crane FROM 0800 TO 1630 [insert specific Departments] [insert times]

(g) All deliveries to the Receiving Officer, SEE DELIVERY SCHEDULE [Negotiator insert delivery location], shall be made Monday through Friday from 0600 [Negotiator enter beginning hour of operation] to 1630 [Negotiator enter closing hour of operation], local time. Deliveries will not be accepted after 1800 [Negotiator enter closing hour of operation]. No deliveries will be accepted on federal government holidays.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.219-28 Post-Award Small Business Program Rerepresentation SEP 2023 52.222-3 Convict Labor JUN 2003 52.222-19 (Dev) Child Labor - Cooperation with Authorities and Remedies

(DEVIATION 2020-O0019)

NOV 2023

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-51 Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements

MAY 2014

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

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

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7005 Management and Reporting of Government Property JAN 2024 252.246-7007 Contractor Counterfeit Electronic Part Detection and

Avoidance System

JAN 2023

252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

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. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(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…