25Q0021_SOL.pdf
PDF 736 KB Posted
- Solicitation number
- N0016425Q0021
About this file
This document is a solicitation from the Department of the Navy Naval Sea Systems Command (NAVSEA) for the manufacture, evaluation, overhaul, and refurbishment of AN/SPS-49 Klystron Electron Tube Cases.
The solicitation includes five contract line items (CLINs) - CLIN 0001 for new manufacture of the cases, CLIN 0002 for Level I refurbishment, CLIN 0003 for Level II refurbishment, CLIN 0004 for Level III refurbishment, and CLIN 0005 for Level IIII refurbishment. Offerors are required to provide pricing for CLINs 0001 and 0002, while CLINs 0003-0005 have estimated maximum prices set by the government. The solicitation is a small business set-aside with a NAICS code of 332710. Offers are due by 3:00 PM on December 9, 2024. The period of performance is five years after contract award.
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Other files
| File | Type | Posted |
|---|---|---|
| 25Q0021_SOL_0006.pdf | ||
| 25Q0021_sol_0005.pdf | ||
| 25Q0021_SOL_0004.pdf | ||
| 25Q0021_sol_0003.pdf | ||
| 25Q0021_SOL_0002.pdf | ||
| 25QW0021_SOL_0001.pdf |
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SEE ADDENDUM
(No Collect Calls)
N0016425Q0021 07-Nov-2024
b. TELEPHONE NUMBER
812-854-0000
8. OFFER DUE DATE/LOCAL TIME
03:00 PM 09 Dec 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
MARGARET J. RISER
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
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
M. RISER (812-854-0000)
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 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: 812-854-0000
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
332710
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 OF75
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.
N0016425Q0021
Section 1.0 - Schedule/Inspection & Acceptance/Delivery
ITEM NO SUPPLIES/SERVICES QTY U/I UNIT PRICE AMOUNT
0001 New Manufacture AN/SPS-
49 Klystron Case
Each
The Contractor shall provide equipment, parts, and labor necessary to manufacture the
AN/SPS-49 Klystron Electron Tube Cases. The Contractor shall manufacture the cases per the drawings referenced in Paragraph 2.0 of the SOW, a-ac. See Pricing Matrix.
PSC: 5960
FOB: Destination
FFP
PRICING MATRIX CLIN 0001
CLIN 0001
Pricing Matrix and additional information for CLIN 0001.
The Contractor shall propose prices per unit for each of the five years in the pricing matrix. The
Contractor may propose different quantity breaks based on economies of scale. The pricing shall be on a calendar basis and shall run from contract award through 365 days (366 days for a leap year). Subsequent price years will begin on the anniversary of the contract award date. The
Government is obligated to order a minimum of four (4 EA) CLIN 0001 units over the lifespan of the contract.
CLIN 0001. New Manufacture of AN/SPS-49 Klystron Tube Cases
Quantity Year 1 Year 2 Year 3 Year 4 Year 5
1-5
6-10
11-15
16-25
25+
0002 Level I Refurbishment
The Contractor shall overhaul, refurbish, and/or replace damaged Hardigg Skidmate Feet in accordance with Paragraph 2.0 of the SOW. See Pricing Matrix.
PRICING MATRIX CLIN 0002
CLIN 0002
Pricing Matrix and additional information for CLIN 0002.
The Contractor shall propose prices per unit for each of the five years in the pricing matrix. The
Contractor may propose different quantity breaks based on economies of scale. The pricing shall be on a calendar basis and shall run from contract award through 365 days (366 days for a leap year). Subsequent price years will begin on the anniversary of the contract award date. The
Government is obligated to order a minimum of four (4 EA) CLIN 0002 units over the lifespan of the contract.
CLIN 0002. Level I Refurbishment of AN/SPS-49 Klystron Tube Cases
Quantity* Year 1 Year 2 Year 3 Year 4 Year 5
1-5
6-10
11-15
16-25
25+
*Quantity referenced for pricing is the number of Hardigg feet to be repaired (ex. Request repair of three (3) feet on container X and two (2) feet on container Y for a total of five (5) repairs)
0003 Level II Refurbishment
The Contractor shall overhaul, refurbish and/or replace damaged case body parts, clamps, latches, handles, plug (watertight) existing non-used holes. Repair prices will be negotiated on a case-by-case basis. An estimated 50 Level II Refurbishments will occur under this
CLIN during the contract’s entire period of performance. OFFERORS ARE NOT TO
PROPOSE COST/PRICING FOR THIS CLIN. This CLIN has an estimated maximum price of $92,809.
0004 Level III Refurbishment
The Contractor shall overhaul, refurbish, and/or replace damaged cradle parts in accordance with Paragraph 2.0 of the SOW, b-k. Repair prices will be negotiated on a case-by-case basis. An estimated 50 Level III Refurbishments will occur under this CLIN during the contract’s entire period of performance. OFFERORS ARE NOT TO PROPOSE
COST/PRICING FOR THIS CLIN. This CLIN has an estimated maximum price of
$169,573.
0005 Level IIII Refurbishment
The Contractor shall overhaul, refurbish, and/or replace a combination of damaged parts including, but not limited to: Hardigg Skidmate Feet, cradle parts and case body parts.
Damaged parts shall be overhauled and/or replaced in accordance with part drawings referenced in Paragraph 2.0 of the SOW, a-ac. Repair prices will be negotiated on a case-by-case basis. An estimated 50 Level IIII Refurbishments will occur under this CLIN during the contract’s entire period of performance. OFFERORS ARE NOT TO PROPOSE
COST/PRICING FOR THIS CLIN.This CLIN has an estimated maximum price of
$285,219.
0006 Contract Ceiling
The purpose of this CLIN is to establish contract ceiling. No orders will be placed against this CLIN.
STATEMENT OF WORK
STATEMENT OF WORK
FOR
AN/SPS-49 KLYSTRON ELECTRON TUBE CASES
1.0 SCOPE
This Statement of Work (SOW) establishes the requirements for the manufacture (build to print), and overhaul/refurbishment of AN/SPS-49 Klystron Electron Tube Cases.
2.0 APPLICABLE DOCUMENTS
NSWC Crane Documents
a. Electron Tube Case 80988901-01 REV C 25 Sept 2013
b. Cradle Assembly 80988902-01 REV A 25 Sept 2013
c. Cradle Weldment 80988903-01 REV - 18 Sept 2013
d. Rail Assembly 80988904-01 REV - 25 Sept 2013
e. Washer, Isolator Mount 80988905-01 REV - 18 Sept 2013
f. Rail, Side 80988906-01 REV - 18 Sept 2013
g. Rail, Wall Mount 80988907-01 REV - 18 Sept 2013
h. Isolator, Vibration 80988908-01 REV - 18 Sept 2013
i. Mount, Vibration 80988909-01 REV - 18 Sept 2013
j. Holder 80988910 REV - 18 Sept 2013 k Clamp 80988911 REV A 25 Sept 2013
l. Foam, Base Protector 80988912-01 REV - 02 Oct 2013
m. Foam, Lid Protector 80988913-01 REV - 25 Sept 2013
n. Bracket, Lid 80988915-01 REV - 18 Sept 2013
o. Bracket, Side Wall 80988916-01 REV - 18 Sept 2013
p. Neoprene, Rail Cover Thin 80988917-01 REV - 25 Sept 2013
q. Neoprene, Rail Cover Wide 80988918-01 REV - 25 Sept 2013
r. Neoprene, Bracket, Lid 80988920-01 REV - 25 Sept 2013
s. Neoprene, Bracket, Side Wall 80988921-01 REV - 25 Sept 2013
t. Neoprene, Clamp Bottom Cover 80988922 REV - 25 Sept 2013
u. Neoprene, Clamp Cover 80988923 REV - 25 Sept 2013
v. Neoprene, Clamp Side Cover 80988924-01 REV - 25 Sept 2013
w. Neoprene, Holder Stop Cover Thick 80988925-01 REV - 25 Sept 2013
x. Neoprene, Holder Stop Cover Thin 80988926-01 REV - 25 Sept 2013
y. Neoprene, Holder Strip Thick 80988927-01 REV - 25 Sept 201
z. Neoprene, Holder Strip Thin 80988928-01 REV - 25 Sept 2013
aa. Plate, Identification 80988930-01 REV - 18 Sept 2013
ab. Sticker, Instructions 80988931-01 REV - 25 Sept 2013
ac. Rail Assembly with Bracket 80988932-01 REV - 02 Oct 2013
Military Standards/Documents
MIL-Q-9858, Quality Program Requirements
Commercial Documents
ISO 9001:2015 Quality Management System
3.0 REQUIREMENTS
3.1 General - The Contractor shall furnish overhaul equipment, test equipment, parts, materials, facilities and labor necessary to perform the manufacture and overhaul requirements of this SOW.
3.2 AN/SPS-49 Klystron Tube Case Manufacture (CLIN 0001)
3.2.1 The Contractor shall provide equipment, parts, and labor necessary to manufacture the AN/SPS-49 Klystron Electron Tube Cases. The Contractor shall manufacture the cases per the drawings referenced in Paragraph 2.0 of this SOW, a-ac.
3.3 Klystron Tube Case Overhaul, Level I (CLIN 0002)
3.3.1 The Contractor shall overhaul, refurbish, and/or replace damaged Hardigg
Skidmate Feet in accordance with Paragraph 2.0 of this SOW.
3.4 Klystron Tube Case Overhaul, Level II (CLIN 0003)
3.4.1 The Contractor shall Overhaul, refurbish and/or replace damaged case body parts, clamps, latches, handles, plug (water tight) existing non-used holes.
3.5 Klystron Tube Case Overhaul, Level III (CLIN 0004)
3.5.1 The Contractor shall overhaul, refurbish, and/or replace damaged cradle parts in accordance with Paragraph 2.0 of this SOW, b-k.
3.6 Klystron Tube Case Overhaul, Level IV (CLIN 0005)
3.6.1 The Contractor shall overhaul, refurbish, and/or replace a combination of damaged parts including, but not limited to: Hardigg Skidmate Feet, cradle parts and case body parts. Damaged parts shall be overhauled and/or replaced in accordance with part drawings referenced in Paragraph 2.0 of this SOW, a-ac.
3.7 Beyond Economical Repair (BER)
3.7.1 If the Contractor determines a Klystron Case to be physically damaged and requiring more than 70% of replacement parts, the Contractor shall document that the unit is
BER. The Contractor shall stop work on all BER units and notify the COR by email. The
Government Contracting Officer (KO) will provide disposition instructions for BER units to include unit disposal or return shipment to the Government.
4.0 GOVERNMENT FURNISHED ITEMS
4.1. Government Furnished Items (GFI): The Government will furnish all drawings listed in Paragraph 2.0 of this SOW, a-ac.
5.0 SPECIAL CONDITIONS
5.1 Quality System: The Contractor shall have a quality program that is ISO
9001:2015 compliant or meets the following requirements (i.e. MIL-Q-9858): monitor and control critical processes, continuously improve processes; establish mechanisms for performance feedback; and maintain an effective root cause analysis and corrective action system.
5.2 Period of Performance: The period of performance is five years after award of the contract.
5.3 Security: Work performed under this contract is not classified.
5.4 Inspection and Acceptance: Notice of shipment for all Klystron Cases must be provided by the Contractor no later than the day the unit is scheduled to leave the Contractor facility. Notice should be provided to the technical point of contact and the current NSWC Crane
AN/SPS-49 Project Manager via electronic correspondence. Inspection and acceptance shall be at destination by Naval Surface Warfare Center (NSWC) Crane personnel within 30 days of receipt. The Government reserves the right to perform in-process inspections at the Contractor’s facility. The Government will inspect all work before acceptance, according to defined specifications as outlined in this SOW and Delivery Orders (DOs). Workmanship defects and/or transportation damage found upon delivery to the Government shall not be accepted and shall be redone/reworked by the Contractor at no additional cost to the Government.
6.0 Point of Contact (POC)
Issues of a substantive nature shall be addressed to the Contracting Office, Ms. Sonsiree
Lagunas, (812) 381-1960, sonsiree.lagunas.civ@us.navy.mil. Only the Contracting Officer (KO) has the authority to change the requirements of this contract and subsequent delivery orders. All communications between prospective contractors and the Government shall flow through the contracting office until a contract is awarded.
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
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAA
C /
CAGE
0001 13 weeks ARO* N/A NAVAL SURFACE WARFARE
CENTER CRANE DIV
M/F:
TEL: FOB:
DESTINATION
N/A
0002 7 weeks ARO* N/A (SAME AS PREVIOUS
DESTINATION)
FOB:DESTINATION
N/A
0003 9 weeks ARO* N/A (SAME AS PREVIOUS
DESTINATION)
FOB:DESTINATION
N/A
0004 11 weeks ARO* N/A (SAME AS PREVIOUS
DESTINATION)
FOB:DESTINATION
N/A
0005 POP TBD N/A (SAME AS PREVIOUS
DESTINATION)
FOB:DESTINATION
N/A
*ARO=After Receipt of Order
Section 2.0 - Accounting Information
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in
Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic
Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition
Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-
Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the
WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/
(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.
DESTINATION/DESTINATION
(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.
COMBO
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC TBD
Issue By DoDAAC N00164
Admin DoDAAC** TBD
Inspect By DoDAAC N/A
Ship To Code N00164
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) N/A
Service Acceptor (DoDAAC) N/A
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(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.
Cran_Acquisitn_WAWF@navy.mil
(2) Contact the WAWF helpdesk at 866-618-5988 or usn.crane.nswc-cd-crane-in.mbx.cran-acquisitn-wawf@us.navy.mil, if assistance is needed.
(End of clause) mailto:Cran_Acquisitn_WAWF@navy.mil mailto:usn.crane.nswc-cd-crane-in.mbx.cran-acquisitn-wawf@us.navy.mil mailto:usn.crane.nswc-cd-crane-in.mbx.cran-acquisitn-wawf@us.navy.mil
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-H001 Government Contract Administration Points-of-Contact and Responsibilities
(NAVSEA) (OCT 2023)
(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: Sonsiree Lagunas
Address:
300 Hwy 361
Crane, IN 47522-1908
Phone: (812)381-1960
E-mail: sonsiree.lagunas.civ@us.navy.mil
(ii) The Contract Specialist is:
Name: Margaret Riser
Address:
300 Hwy 361
Crane, IN 47522-1908
Phone: (812)227-9650
E-mail: margaret.j.riser.civ@us.navy.mil
(f) The Technical Point of Contact (TPOC) is the contracting officer’s representative for technical matters when a COR is not appointed. The TPOC is responsible for technical issues of contract administration, such as providing all items of Government Furnished Information (GFI), Government Furnished Material (GFM) and Government Furnished Equipment (GFE) if specified in the contract as well as the inspection and acceptance of all contract deliverables.
The Technical Point of Contact (TPOC) is:
Name:
Address:
Phone:
E-mail:
(j) The Contractor's point of contact for performance under this contract is:
Name: [ * ]
Title: [ * ]
Address:
[ *Street ]
[ *City, State, Zip ]
Phone: (Area Code) xxx- [xxxx]
E-mail: [ * ]
[ * ] To be completed at contract award
(End of Text)
G-242-H002 HOURS OF OPERATION AND HOLIDAY SCHEDULE (NAVSEA) (JUL 2021)
(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 public Holidays that have been established under 5 U.S.C.
6103. The actual date of observance for each of the 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/pay-leave/federal-holidays/.
(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 https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/ 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.
(End of text)
Section 3.0 - Clauses By Reference
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984
52.203-12 Limitation On Payments To Influence Certain
Federal Transactions
JUN 2020
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
52.204-12 Unique Entity Identifier Maintenance OCT 2016
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
52.209-9 Updates of Publicly Available Information
Regarding Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.211-15 Defense Priority And Allocation Requirements APR 2008
52.222-20 Contracts for Materials, Supplies, Articles, and
Equipment
JUN 2020
52.222-54 Employment Eligibility Verification MAY 2022
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.245-1 Government Property SEP 2021
52.245-9 Use And Charges APR 2012
52.247-34 F.O.B. Destination JAN 1991
52.252-2 Clauses Incorporated By Reference FEB 1998
52.252-6 Authorized Deviations In Clauses NOV 2020
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
MAY 2024
252.204-7015 Notice of Authorized Disclosure of Information for
Litigation Support
JAN 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services
JAN 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023
252.204-7024 Notice on the Use of the Supplier Performance Risk
System
MAR 2023
252.209-7004 Subcontracting With Firms That Are Owned or
Controlled By The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.223-7008 Prohibition of Hexavalent Chromium JAN 2023
252.225-7001 Buy American and Balance of Payments Program FEB 2024
252.225-7007 Prohibition on Acquisition of Certain Items from
Communist Chinese Military Companies
DEC 2018
252.225-7012 Preference For Certain Domestic Commodities APR 2022
252.225-7048 Export-Controlled Items JUN 2013
252.227-7028 Technical Data or Computer Software Previously
Delivered to the Government
JUN 1995
252.227-7030 Technical Data--Withholding Of Payment MAR 2000
252.227-7037 Validation of Restrictive Markings on Technical
Data
JAN 2023
252.232-7003 Electronic Submission of Payment Requests and
Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006
252.239-7018 Supply Chain Risk DEC 2022
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
252.246-7003 Notification of Potential Safety Issues JAN 2023
252.246-7006 Warranty Tracking of Serialized Items MAR 2016
252.246-7008 Sources of Electronic Parts JAN 2023
252.247-7023 Transportation of Supplies by Sea JAN 2023
Section 4.0 - Clauses & Other Full Text Information
Exhibit/Attachment Table of Contents
DOCUMENT TYPE DESCRIPTION PAGES DATE
Attachment 1 Drawings 34
Attachment 2 Past Performance
Questionnaire
2 07-NOV-2024
CLAUSES INCORPORATED BY FULL TEXT
52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than (insert dollar figure or quantity), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor -
(1) Any order for a single item in excess of (insert dollar figure or quantity);
(2) Any order for a combination of items in excess of (insert dollar figure or quantity); or
(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-
21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the
Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
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.
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION
SYSTEMS (NOV 2021)
(a) Definitions. As used in this clause--
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C.
3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices
(including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
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 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) Payment.--
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) 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.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) 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 which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or 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) Interest.
(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, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed 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 within 30 days;
(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 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 FAR 32.608-2 in effect on the date of this contract.
(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. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the
Contractor shall be liable to the Government for any and all rights and remedies provided by law.
If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with
31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain
Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws
Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) Reserved.
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.
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