N3904026Q0004 Solicitation.pdf

REQUEST FOR QUOTATION N3904026Q0004

COMBINED SYNOPSIS/SOLICITATION NOTICE:

Requirement Title: Preventative and Remedial Maintenance for Diesel Generators Solicitation Number: N3904026Q0004 Response Deadline: October 7, 2026, 10:00 AM EST POC: David Agea, david.a.agea.civ@us.navy.mil

GENERAL INFORMATION:

1. This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in FAR Subpart 12.2 – Solicitation, Evaluation and Award procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued Paper copies of this solicitation will not be available. This combined synopsis/solicitation SHALL be posted on SAM.gov.

2. This solicitation documents and incorporates provisions and clauses in effect through FAC 2026-01 and DFARS Change Notice 2025-1110. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.

The clauses may be accessed in full text at these addresses:

https://www.acquisition.gov/far-overhaul and https://www.acq.osd.mil/dpap/dars/dfars_far_overhaul_class_deviations.html.

3. This solicitation is being issues as a(n): Request for Quote

4. This acquisition is for: Total Small Business set-aside

5. North American Industry Classification System Code (NAICS): 811310 Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance

6. The size standard is: 12.5 millions of dollars

REQUIREMENT INFORMATION:

Period of Performance:

o Base: November 1, 2026 to October 31, 2027 o Option Year One: November 1, 2027 to October 31, 2028 o Option Year Two: November 1, 2028 to October 31, 2029

Place of Performance: Portsmouth Naval Shipyard, Kittery Maine

Attachments o Attachment 1 - Statement of Work o Attachment 2 - Work Request Form o Attachment 3 - OPSEC Security Form o Attachment 4 - Wage Determination o Attachment 5 - QASP o Attachment 6 - QASP Matrix o Attachment 7 - Past Performance Information Form o Attachment 8 - Past Performance Report Form o Exhibits A-C - CDRLS o Exhibit D-F - Remedial Maintenance

METHOD OF PROPOSAL SUBMISSION:

Offers shall be emailed. All responsible sources may submit a quote which shall be considered by the agency.

System for Award Management (SAM): Vendors must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov/.

ALL QUOTES SHALL INCLUDE THIS FORM FILLED OUT IN ITS ENTIRETY

(HIGHLIGHTED YELLOW FIELDS ARE REQUIRED).

THIS IS NOT AN ORDER

PLEASE PROVIDE DELIVERED PRICES, AVAILABILITY, AND PRICE SOURCE WITH QUOTE

REFERENCE # N3904026Q0004 DUE DATE: 10/07/2026 10:00 AM EST

From: Portsmouth Naval Shipyard Your company info:

david.a.agea.civ@us.navy.mil Name:

Contracting, Code 410.1 POC:

Kittery, ME 03904 (P) PHONE: 207-994-0614 Email:

Cage Code:

BUSINESS SIZE (circle one): SMALL LARGE PAYMENT TERMS ______%______DAYS

MOBILIZATION TIME: _________ARO PRICES DERIVED FROM (CHECK ONE)

F.O.B. DESTINATION, Y____N____ ___COMMERCIAL PRICE LIST DATED

IF NO, SHIPPING COST__________. ___INTERNAL PRICE LIST DATED

___OTHER ( PLEASE EXPLAIN )

Please indicate your preferred payment method by checking one of the options below. Payment options available are WAWF and GCPC: Government Commercial Purchase Card (up to $100,000). Please ensure that you register for WAWF (www.wawftraining.com) GCPC___N/A__ WAWF (Wide Area Workflow) __X___

*Please note that purchase card orders are not paid up front. Once material is received, a Government cardholder may be contacted for purchase card information.

_X__ If checked, to be awarded on an “All or None” basis, and CPARS evaluation procedures apply.

YOUR SIGNATURE___________________________________DATE________________________

ITEM DESCRIPTION QTY Unit Price Total

0001 Preventative Maintenance (PM) for Caterpillar 3512C and C32 IAW the SOW and Exhibit A.

Product Service Code: J061

N/A N/A N/A

0001AA Caterpillar 3512C Minor PM performed every 6 months.

Pricing Arrangement: Firm- Fixed Price Product Service Code: J061

5 Jobs

0001AB Caterpillar 3512C Major PM performed once annually.

Pricing Arrangement: Firm- Fixed Price Product Service Code: J061

5 Jobs

0001AC Caterpillar 3512C Triennial PM performed every three years.

3 Jobs

Pricing Arrangement: Firm- Fixed Price Product Service Code: J061

0001AD Caterpillar C32 Minor PM performed every 6 months.

Pricing Arrangement: Firm- Fixed Price Product Service Code: J061

9 Jobs

00001AE Caterpillar C32 Major PM performed once annually.

Pricing Arrangement: Firm- Fixed Price Product Service Code: J061

9 Jobs

00001AF Caterpillar C32 Triennial PM performed every three years.

Pricing Arrangement: Firm- Fixed Price Product Service Code: J061

5 Jobs

0002 Pre-Priced Remedial Maintenance Caterpillar 3512C and C32 IAW the SOW and Exhibit D.

Pricing Arrangement: FFP Product Service Code: J061

N/A N/A N/A

0002A001 Perform Fuel Polishing

Pricing Arrangement: FFP Product Service Code: J061

2 Jobs Estimated

0002A002 Replace Batteries

1 Job Estimated

0002A003 Perform Oil Sample Analysis

0002A004 Perform Fuel Sample Analysis

0002A005 Perform Coolant Sample Analysis

0002A006 Perform Coolant Flush

0002A007 Add CAT Coolant Life Extender

0002A008 Perform Oil Change

0002A009 Perform Fuel Filter Replacement

0003 Covers any Repair Tasks that are not covered under CLIN 0002.

The ceiling price for each repair action is $7,500.00.

Actual payments shall be based on Hourly Rates, Material Costs and Other Direct and Indirect Costs specified in Alternate I of 52.212-4(i).

Pricing Arrangement: Time & Materials Product Service Code: J061

3 Jobs $7,500.00 NTE $22,500.00

0004 CDRLs - Exhibit A 1 Set Not Separately

Priced

(NSP)

NSP

1001 Preventative Maintenance (PM) for Caterpillar 3512C and C32 IAW the SOW and Exhibit B.

Product Service Code: J061

N/A N/A N/A

1001AA Caterpillar 3512C Minor PM performed every 6 months.

Pricing Arrangement: Firm- Fixed Price

5 Jobs

1001AB Caterpillar 3512C Major PM performed once annually.

Pricing Arrangement: Firm- Fixed Price Product Service Code: J061

5 Jobs

1001AC Caterpillar 3512C Triennial PM performed every three years.

Pricing Arrangement: Firm- Fixed Price Product Service Code: J061

3 Jobs

1001AD Caterpillar C32 Minor PM performed every 6 months.

Pricing Arrangement: Firm- Fixed Price Product Service Code: J061

9 Jobs

1001AE Caterpillar C32 Major PM performed once annually.

Pricing Arrangement: Firm- Fixed Price Product Service Code: J061

9 Jobs

1001AF Caterpillar C32 Triennial PM performed every three years.

Pricing Arrangement: Firm- Fixed Price Product Service Code: J061

5 Jobs

1002 Pre-Priced Remedial Maintenance Caterpillar 3512C and C32 IAW the SOW and Exhibit D.

Pricing Arrangement: FFP Product Service Code: J061

N/A N/A N/A

1002A001 Perform Fuel Polishing

1002A002 Replace Batteries

1002A003 Perform Oil Sample Analysis

1002A004 Perform Fuel Sample Analysis

1002A005 Perform Coolant Sample Analysis

1002A006 Perform Coolant Flush

1002A007 Add CAT Coolant Life Extender

1002A008 Perform Oil Change

1002A009 Perform Fuel Filter Replacement

1003 Covers any Repair Tasks that are not covered under CLIN 0002.

The ceiling price for each repair action is $7,500.00.

Actual payments shall be based on Hourly Rates, Material Costs and Other Direct and Indirect Costs specified in Alternate I of 52.212-4(i).

Pricing Arrangement: Time & Materials Product Service Code: J061

3 Jobs $7,500.00 NTE $22,500.00

1004 CDRLs - Exhibit B 1 Set Not Separately

Priced

(NSP)

NSP

2001 Preventative Maintenance (PM) for Caterpillar 3512C and C32 IAW the SOW and Exhibit C.

Product Service Code: J061

N/A N/A N/A

2001AA Caterpillar 3512C Minor PM performed every 6 months.

Pricing Arrangement: Firm- Fixed Price

5 Jobs

2001AB Caterpillar 3512C Major PM performed once annually.

Pricing Arrangement: Firm- Fixed Price Product Service Code: J061

5 Jobs

2001AC Caterpillar 3512C Triennial PM performed every three years.

Pricing Arrangement: Firm- Fixed Price Product Service Code: J061

3 Jobs

2001AD Caterpillar C32 Minor PM performed every 6 months.

Pricing Arrangement: Firm- Fixed Price Product Service Code: J061

9 Jobs

2001AE Caterpillar C32 Major PM performed once annually.

Pricing Arrangement: Firm- Fixed Price Product Service Code: J061

9 Jobs

2001AF Caterpillar C32 Triennial PM performed every three years.

Pricing Arrangement: Firm- Fixed Price Product Service Code: J061

5 Jobs

2002 Pre-Priced Remedial Maintenance Caterpillar 3512C and C32 IAW the SOW and Exhibit D.

Pricing Arrangement: FFP Product Service Code: J061

N/A N/A N/A

2002A001 Perform Fuel Polishing

2002A002 Replace Batteries

2002A003 Perform Oil Sample Analysis

2002A004 Perform Fuel Sample Analysis

2002A005 Perform Coolant Sample Analysis

2002A006 Perform Coolant Flush

2002A007 Add CAT Coolant Life Extender

2002A008 Perform Oil Change

2002A009 Perform Fuel Filter Replacement

2003 Covers any Repair Tasks that are not covered under CLIN 0002.

The ceiling price for each repair action is $7,500.00.

Actual payments shall be based on Hourly Rates, Material Costs and Other Direct and Indirect Costs specified in Alternate I of 52.212-4(i).

Pricing Arrangement: Time & Materials Product Service Code: J061

3 Jobs $7,500.00 NTE $22,500.00

2004 CDRLs - Exhibit C 1 Set Not Separately

Priced

(NSP)

NSP

The Ceiling Price for each Unanticipated Repair Task is $7,500.00. The Ceiling Price for the base period and each option is the aggregate Price of all CLINs for each period.

ALL OFFERS SHALL INCLUDE THIS FORM FILLED OUT IN ITS ENTIRETY (HIGHLIGHTED YELLOW

FIELDS ARE REQUIRED).

CLAUSES:

Responsibility and Inspection: unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control. The following FAR provisions and clauses are applicable to this procurement:

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 Restrictions on Subcontractor Sales to the Government—Alternate I NOV 2021 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions

SEP 2024

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements – Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017 52.204-7 System for Award Management (Deviation 2026-O0038) FEB 2026 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Deviation 2026-

O0038)

FEB 2026

52.204-13 System for Award Management Maintenance (Deviation 2026-O0038) FEB 2026 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-91 Contractor Identification (Deviation 2026-O0038) FEB 2026 52.209-1 Qualification Requirements (Deviation 2026-O0042) FEB 2026 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation

(Deviation 2026-O0038)

FEB 2026

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Deviation 2026-O0038)

FEB 2026

52.209-7 Information Regarding Responsibility Matters (Deviation 2026-O0038) FEB 2026 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Deviation

2026-O0038)

FEB 2026

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Deviation 2026- O0038)

FEB 2026

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Deviation 2026-O0038)

FEB 2026

52.211-15 Defense Priority and Allocation Requirements APR 2008 52.215-8 Order of Precedence-Uniform Contract Format FEB 2026 52.219-6 Notice of Total Small Business Set-Aside (Deviation 2026-O0038) FEB 2026 52.219-8 Utilization of Small Business Concerns (Deviation 2026-O0038) FEB 2026 52.219-14 Limitations on Subcontracting (Deviation 2026-O0038) FEB 2026 52.219-33 Nonmanufacturer Rule (Deviation 2026-O0038) FEB 2026 52.222-3 Convict Labor (Deviation 2026-O0038) FEB 2026 52.222-19 Child Labor–Cooperation with Authorities and Remedies (Deviation 2026-O0038) FEB 2026 52.222-35 Equal Opportunity for Veterans (Deviation 2026-O0038) FEB 2026 52.222-36 Equal Opportunity for Workers with Disabilities (Deviation 2026-O0038) FEB 2026 52.222-37 Employment Reports on Veterans (Deviation 2026-O0038) FEB 2026 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Deviation

2026-O0038)

FEB 2026

52.222-41 Service Contract Labor Standards (Deviation 2026-O0038) FEB 2026 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Deviation 2026-O0038)

FEB 2026

52.222-42 Statement of Equivalent Rates for Federal Hires MAY 2014 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment

(Deviation 2026-O0038)

FEB 2026

52.222-50 Combating Trafficking in Persons (Deviation 2026-O0038) FEB 2026 52.222-54 Employment Eligibility Verification (Deviation 2026-O0038) FEB 2026 52.223-23 Sustainable Products and Services (Deviation 2026-O0038) FEB 2026 52.224-3 Privacy Training JAN 2017 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving MAY 2024

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation JUN 2020 52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-9 Limitation on Withholding of Payments APR 1984 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 (Deviation 2026-O0038) FEB 2026 52.233-4 Applicable Law for Breach of Contract Claim (Deviation 2026-O0038) FEB 2026 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (Deviation

2026-O0038)

FEB 2026

52.240-91 Security Prohibitions and Exclusions (Deviation 2026-O0038) FEB 2026 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (Deviation 2026-O0038) FEB 2026 52.242-13 Bankruptcy JUL 1995 52.243-3 Changes Time and Materials or Labor Hours (Deviation 2026-O0038) FEB 2026 52.244-6 Subcontracts for Commercial Products and Commercial Services (Deviation 2026-

O0038)

FEB 2026

52.246-6 Inspection Time and Material and Labor Hour MAY 2001 52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998 52.252-2 Clauses Incorporated by Reference FEB 1998 52.252-5 Authorized Deviations in Provisions NOV 2020 52.252-6 Authorized Deviations in Clauses NOV 2020

Full text FAR provisions and clauses:

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Deviation)

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(c) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent

Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

(End of provision)

52.212-4 Alternate I Terms and Conditions—Commercial Products and Commercial Services (Deviation)

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

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

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

(1) Performed by the contractor;

(2) Performed by the subcontractors; or

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

Materials means—

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

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

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

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

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

Subcontract means any contract, as defined in FAR 2.101, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract at all places and times before acceptance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

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

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

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (b)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. Profit rate to be determined at time of award.

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

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

(B) Terminate this contract for cause.

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

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

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

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

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

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

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

(c) 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.

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

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

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices.

An invoice must include the information required by 5 CFR part 1315.9(b).

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

(i) Payments.

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

(i) Hourly rate.

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

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

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

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

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

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

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

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

(ii) Materials.

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

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

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

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

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

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

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

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

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

(1) Other direct costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: Travel.

(2) Indirect costs (material handling, subcontract administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: $0.

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

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

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

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

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

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

(B) The Contractor’s timekeeping procedures;

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

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

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

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

(B) Any documents supporting payment of those invoices.

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

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

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

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

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

(D) Contractor point of contact.

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

(6) 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, and then at the rate applicable for each six-month period as established by the Secretary until the amount is paid.

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

(iii) The Contracting Officer will issue a final decision if—

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer.

(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 part 32 in effect on the date of this contract.

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

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

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

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

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

(8) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

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

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

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

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

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

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work under this contract 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 an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that 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 that 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 written request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. Subject to the terms of this contract, the Contractor shall be paid an amount computed under paragraph (i), Payments, of this clause, but the “hourly rate” for labor hours expended in furnishing work not delivered to or accepted by the Government shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified in paragraph (b)(4) of this clause, the portion of the “hourly rate” attributable to profit shall be 10 percent. In the event of termination for cause, 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

(End of Clause)

52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Acquisition.

(a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation.

(b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by-

(1) The offeror;

(2) Subcontractors; and/or

(3) Divisions, subsidiaries, or affiliates of the offeror under a common control.

(End of provision)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT.

(A) THE GOVERNMENT MAY EXTEND THE TERM OF THIS CONTRACT BY WRITTEN NOTICE TO THE

CONTRACTOR WITHIN THREE (3) DAYS OF THE END OF THE CONTRACT; PROVIDED THAT THE

GOVERNMENT GIVES THE CONTRACTOR A PRELIMINARY WRITTEN NOTICE OF ITS INTENT TO

EXTEND AT LEAST FOURTEEN (14) DAYS BEFORE THE CONTRACT EXPIRES. THE PRELIMINARY

NOTICE DOES NOT COMMIT THE GOVERNMENT TO AN EXTENSION.

(B) IF THE GOVERNMENT EXERCISES THIS OPTION, THE EXTENDED CONTRACT SHALL BE

CONSIDERED TO INCLUDE THIS OPTION CLAUSE.

(C) THE TOTAL DURATION OF THIS CONTRACT, INCLUDING THE EXERCISE OF ANY OPTIONS

UNDER THIS CLAUSE, SHALL NOT EXCEED THIRTY-SIX (36) MONTHS.

(END OF CLAUSE)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (DEVIATION 2026-O0038).

(A) DEFINITIONS. AS USED IN THIS PROVISION-

ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL BUSINESS (EDWOSB) CONCERN

MEANS A SMALL BUSINESS CONCERN THAT IS AT LEAST 51 PERCENT DIRECTLY AND

UNCONDITIONALLY OWNED BY, AND THE MANAGEMENT AND DAILY BUSINESS OPERATIONS OF

WHICH ARE CONTROLLED BY, ONE OR MORE WOMEN WHO ARE CITIZENS OF THE UNITED

STATES AND WHO ARE ECONOMICALLY DISADVANTAGED IN ACCORDANCE WITH 13 CFR PART

127, AND THE CONCERN IS CERTIFIED BY SBA OR AN APPROVED THIRD-PARTY CERTIFIER IN

ACCORDANCE WITH 13 CFR 127.300. IT AUTOMATICALLY QUALIFIES AS A WOMEN-OWNED SMALL

BUSINESS CONCERN ELIGIBLE UNDER THE WOSB PROGRAM.

HUBZONE SMALL BUSINESS CONCERN MEANS A SMALL BUSINESS CONCERN THAT MEETS THE

REQUIREMENTS DESCRIBED IN 13 CFR 126.200, IS…