N3943022P2402_Conformed.pdf

I. CONTRACT/PURCH. ORDER/

AGREEMENT NO.

N3943022P2402

6. ISSUED BY

NAVFAC EXWC

ORDER FOR SUPPLIES OR SER VICES

2. DELIVERY ORDER/ CALL NO. 3. DA TE OF ORDER/CALL 4. REQ./ PURCH. REQUEST NO.

CODE I N39430 7.

(YYYYMMMDD)

See Schedule

ADMINISTERED BY (if other than 6) CODE

CODE ACQ / NAVAL BASE VENTURA COUNTY

SEE ITEM 6 1100 23RD AVE BLDG 1100

PORT HUENEME CA 93043-4301

I

PAGE I OF 27

5. PRIORITY

8. DELIVERY FOB

DESTINATION

OTHER

(See Schedule if other)

9. CONTRACTOR CODEl4W813 FACILITY I 0. DELIVER TO FOB POINT BY (Date) II MARK IF BUSINESS IS

MARINE ACOUSTICS, INC.

(YYYYMMMDD) §SMAU

SEE SCHEDULE

NAME KENNETH GRAF SMALL

12. DISCOUNT TERMS DISADVANTAGED

AND TWO CORPORATE PLACE SUITE 105

ADDRESS MIDDLETOWN RI 02842-6294 Net3D Days WOMEN-OWNED

13. MAIL INVOICES TO THE ADDRESS IN BLOCK

See Item 15

14. SHIP TO CODEIN39430 15. PAYMENT WILL BE MADE BY CODEI N68732

NAVFAC EXWC DFAS CLEVELAND MANDY SHOEMAKER MARK ALL

CODE EV CLEVELAND NORFOLK ACCOUNTS PAYABLE PACKAGES AND

BLDG 1000 PO BOX 998022

PAPERS W 1111 1000 23RD AVE CLEVELAND OH 44199-8022 PORT HUENEME CA 93043-4301 ID ENTIFIC A TIO N

NUMBERS IN

BLOCKS l AND 2.

16. DELIVERY/ This delivery order/call is issued on another Government agency or in accordance with and subject to terms and conditions of above numbered contract.

TYPE CALL

OF PURCHASE X

Rererence yourquote dated 2021 Mar 19

ORDER Furnish the fullowing on terms specified herein. REF: 0D358) LFA SonarSRP 4 FS enne ORDER AS IT MAY PREVIOUSLY HAVE BEE." - - i;i.rn@tli�Afe�T�!;M�s K th R

ACCEPTANCE. THE CONTRACTOR HEREB"

1�1� tll!i!RRlm!AlN�EUW()OllfilID$EBIM':IHUW!l!mtRCHASE

AND CONDITIONS SET FORTH, AND AGREU · · · ' - A, - t, -

Graf-A01094E0000016ED6EBD747000283B7 t O �, en= en�Graf:A01094E0000016ED6EBD747000283B7

• _ Date: 2021.10.28 10:46:23 -04'00'

NAME OF CONTRACTOR SIGNATURE TYPED NAME AND TITLE DATE SIGNED

LIU If this box is m arked, supplier must sign Acceptance and return the following number of copies: 1

(YYYYMMMDD)

17. ACCOUNTING AND APPROPRIATION DAT A/ LOCAL USE

See Schedule

18. ITEM NO. 19. SCHEDULE OF SUPPLIES/ SERVICES 20. QUANTITY

ORDERED/ 21. UNIT 22. UNIT PRICE 23. AMOUNT

ACCEPTED*

SEE SCHEDULE

24. UNITED STATES OF AMERICA

CASTRO.GERALYN Digitally signed by

• If quantity accepted by the Government is same as TEL: CASTRO.GERALYN 25. TOTAL $149,311.00 quantity ordered, indicate by X. If different, enter actual EMAIL: MARI E.P .1184 776819 ��::��;, _:��;,�0,35 -o7•oo· 26.

quantity accepted below quantity ordered and encircle. BY: CONTRACTING/ ORDERING OFFICER DIFFERENCES 27a. QUANTITY IN COLUMN 20 HAS BEEN

□INSPECTED □RECEIVED □ ACCEPTED, AND CONFORMS TO THE

CONTRACT EXCEPT AS NOTED

b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENT AT IVE c. DATE d. PRINTED NAME AND TITLE OF AUTHORIZED

(YYYYMMMDD) GOVERNMENT REPRESENTATIVE

e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 28. SHIP NO. 29. DO VOUCHER NO. 30.

INITIALS

B

PARTIAL

32. PAID BY 33. AMOUNT VERIFIED

f. TELEPHONE NUMBER l

g. E-MAIL ADDRESS CORRECT FOR

FINAL

36.1 certify this account is correct and proper for payment. 31. PAYMENT 34. CHECK NUMBER

a. DATE b. SIGNATURE AND TITLE OF CERTIFYING OFFICER § COMPLETE

(YYYYMMMDD) PARTIAL 35. BILL OF LADING NO.

FINAL

37. RECEIVED AT 38. RECEIVED BY 39. DATE RECEIVED 40.TOTAL 41. SIR ACCOUNT NO 42. SIR VOUCHER NO.

(YYYYMMMDD) CONTAINERS

DD Form 1155, DEC 2001 PREVIOUS EDITION IS OBSOLETE.

2021 Oct 28

805-982-4012 geralynmarie.p.castro.civ@us.navy.mil

Geralyn Castro

6 . ISSUE D BY COD E

N3943022P2402

1 . CO N TRA CT/P U RCH . O RD E R/

A G RE E M E N T N O .

N 39430

2 . D E L IVE RY O RD E R/ CA L L N O .

27P A GE 1 O F

5 . P RIO RITY

COD E

8 . DE L IVE RY FOB

DE ST IN AT IONX

OT HE R

(See Sch edule if o t h er)

OR D ER FOR SUPPLIES OR SER VICES

3 . D A TE O F O RD E R/CA L L

2021 Oc t 28

4 . RE Q ./ P U RCH . RE Q U E ST N O .

See Schedule

SEE IT EM 6

N AVF AC EXW C

C OD E AC Q / N AVAL BASE VEN TU R A C OU N TY

1100 23R D AVE BLD G 1100

POR T H U EN EME C A 93043-4301

7 . ADM IN IST E RED BY (if o th er th an 6 )

( YYYYM M M D D )

1 0 . D E L IVE R TO FO B P O IN T BY (D ate)

( YYYYM M M D D )

MAR IN E AC OU STIC S, IN C .

KEN N ETH GR AF

TW O C OR POR ATE PLAC E SU ITE 105

MID D LETOW N R I 02842-6294

CO DE 4W8139 . CONT RACT O R FACILIT Y

SEE SCHEDULE

1 2 . D ISCO U N T TE RM S

N et 30 D ays

M A RK IF BU SIN E SS IS1 1 .

SM A L L

SM A L L

D ISA D VA N TA G E D

W O M E N -O W N E D

1 3 . M AIL INVOICES T O T HE A DDRE SS IN BL OCK

See Item 15

25 . T OT A L $149,311.00

N AVF AC EXW C

MAN D Y SH OEMAKER

C OD E EV

1000 23R D AVE BLD G 1000

POR T H U EN EME C A 93043-4301

1 7 . A CCOUN T IN G AN D AP P RO P RIAT ION D AT A/ L OCA L USE

COD E

1 8 . IT E M NO. 1 9 . SCHE DU LE OF SU P P L IE S/ SE RVICES

* If q u a n t i ty a ccep ted b y th e G o vern m en t i s s a m e a s q u a n t i t y a ccep ted b elo w q u a n t i ty o r d ered a n d en ci rcl e.

DEL IVERY/16 .

1 4 . SHIP T O

Se e Sche dule

N 39430 N 68732

MAR K ALL

P AC KA G ES AN D

P AP ERS W ITH

IDENTIFIC ATIO N

NU MB ERS IN

B LO C KS 1 AN D 2 .

2 3 . A M OUN T

15 . P A YM E NT W IL L BE M A DE BY CODE

D F AS C LEVELAN D

C LEVELAN D N OR F OLK AC C OU N TS PAY ABLE

PO BOX 998022

C LEVELAN D OH 44199-8022

Th i s d el iv ery o rd er/cal l i s i s su ed o n an o th er G o v ern men t ag en cy o r in acco rd an ce w i th an d su b j ect to t erms an d co n d i t io n s o f ab o v e n u mb ered co n t ract .

T YP E CAL L

OF P U RCHASE X

ORD E R

SEE SCHEDULE

24. UNITED STATES OF AMERICA

TEL: 805-982-4012

EMAIL: geralyn.castro@navy.mil

CONTRACTING / ORDERING OFFICER

q u a n t i t y o rd er ed , in d ica t e b y X . If d i f fer en t , en ter a ctu a l

BY: GERALYN CASTRO

1If t h is bo x is m ark ed, sup p lier m ust sign Accep t ance an d ret urn t h e fo llo wing n um ber o f co p ies:X

NA M E OF CONT RACT OR SIGN AT URE T YP E D NAM E A ND T IT L E

( YYYYM M M D D )

DA T E SIGNED

ACCE P T ANCE . T HE CO NT RACT O R HE RE BY A CCE P T S T H E OFFE R RE P RE SE N T E D BY T H E NUM BE RE D P URCH ASE ORD E R AS IT M AY P RE VIOU SL Y H AVE BE E N OR IS NOW M O DIFIE D , SUBJE CT T O A LL OF T H E T E RM S

AN D CON DIT ION S SET FORT H , A ND A GREE S T O P E RFORM T HE SA M E .

2021 Mar 19Referen ce y o u r q u o te d at ed

Fu rn ish t h e fo l lo w in g o n terms sp ecifi ed h erein . (ID358) LF A Sonar SRP 4 F SREF :

2 0 . QU ANT IT Y

ORD E RE D/

ACCEP T E D*

2 1 . U NIT 2 2 . U NIT P RICE

D IFFE RE N CE S

26 .

IN SP ECT E D RE CEIVE D ACCE P T E D, AN D CO NFORM S T O T H E

CON T RACT E XCE P T AS NOT E D

2 7 a. QUA NT IT Y IN COL U M N 2 0 H AS BEE N

( YYYYM M M D D )

c. DA T E d. P RINT E D NAM E A ND T IT L E O F A UT H ORIZ E D

GOVE RNM E N T RE P RE SE NT AT IVE

b. SIGNAT URE O F A UT HORIZE D GOVE RNM E N T RE P RE SE NT AT IVE

e. M AIL ING AD DRESS O F A UT H ORIZ E D GOVERN M E NT RE P RE SE N T AT IVE

36. I ce r tify th is account is corr e ct and pr ope r for paym e nt.

g. E -M AIL ADD RE SSf. T E LE P H ONE N UM BE R

a. DA T E

( YYYYM M M D D )

b. SIGNAT URE AN D T IT L E OF CE RT IFYING O FFICE R

2 8 . SHIP NO . 2 9 . DO VO UCH E R NO. 30 .

IN IT IA L S

3 2 . P A ID BY 33 . AM OU NT VE RIFIE D

CORRE CT FOR

35 . BIL L OF L ADING NO.

34 . CH E CK NU M BER

3 7 . RE CE IVE D AT 3 8 . RE CE IVE D BY

( YYYYM M M D D )

3 1 . P A YM E NT

COM P LE T E

P ART IAL

FINA L

P ART IAL

FINA L

DD Form 1155, DEC 2001 P RE VIOUS E DIT ION IS OBSOL E T E.

3 9 . DAT E RE CE IVE D 4 0 . T O T AL

CON T AINE RS

4 1 . S/R A CCOU NT NO. 4 2 . S/R VO UCHE R N O.

AD D R ESS

AN D

N AME

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Project $149,311.00 $149,311.00 Basic Requirement

FFP

Low-Frequency Active Scientific Research Project 4 Feasibility Study FOB: Destination

PURCHASE REQUEST NUMBER: ACQR5879144

PSC CD: AH52

NET AMT $149,311.00

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

000101 $0.00

FUND ACRN AA

FFP

Funding Doc. No. N0002522RC0010P Customer ACRN: AA

MILSTRIP: N6921822PR0003

PURCHASE REQUEST NUMBER: 1300966510

NET AMT $0.00

ACRN AA

CIN: 130096651000001

$16,040.00

Section C - Descriptions and Specifications

REQUIREMENT STATEMENT

C-1 WORK SCOPE

This contract is issued to Marine Acoustics, Inc. to perform a Phase I feasibility study to study the behavioral responses of large whales to low-frequency sound in support of Naval Facilities Engineering Systems Command Engineering and Expeditionary Warfare Center, Environmental, Living Marine Resources Program.

Work and services shall be performed in accordance with the contractor’s submitted quotation under Project Title:

(ID358) LFA Sonar SRP 4 Feasibility Study dated March 19, 2021 in response to Broad Agency Announcement (BAA) Solicitation N39430-20-S-2256, Need Topic No. N-0240-21 – Studying Marine Mammal Behavioral Response to SURTASS LFA SONAR

The contractor’s submission is incorporated into the contract and becomes the scope of work for this contract.

BAA Solicitation N39430-20-S-2256, Need Topic No. N-0240-21 stated that the project addressing this need topic is separated into two phases. This contract is for Phase I feasibility study to investigate the best approach to designing a scientific study to assess behavioral response to LFA sonar. All offeror’s that are awarded Phase I awards originating from this BAA solicitation will be eligible to participate in the Phase II competition.

C-2 PROJECT MANAGEMENT

The Government Project Manger for this contract is Mandy Shoemaker Telephone: (805) 982-5872 Email: mandy.l.shoemaker.civ@us.navy.mil Mailing Address: Naval Facilites (NAVFAC) Engineering and Expeditionary Warefare Center (EXWC)

1000 23rd Ave, Bldg, 1000 Port Hueneme, CA 93043

Section D - Packaging and Marking

SECTION D

D.1 PREPARATION FOR DELIVERY

All material to be delivered hereunder shall be afforded the degree of packaging (preservation and packing) required to prevent deterioration and damages due to the hazards of shipment, handling and storage. Best commercial practice will be accepted.

D.2 PROHIBITED PACKING MATERIALS

The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hygroscopic or non neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.

D.3 MARKING OF SHIPMENTS

(a) Each shipment of material and/or data shall be clearly marked to show the following information:

Ship to: Mark For:

Receiving Officer Contract Number: N3943022P2402 Naval Facilities Engineering Attn: Mandy Shoemaker And Expeditionary Warfare Center 1100 23rd Avenue Port Hueneme, CA 93043

Section E - Inspection and Acceptance

SECTION E

E.1 INSPECTION AND ACCEPTANCE – DESTINATION

Inspection and acceptance of the supplies/services to be furnished hereunder shall be made at destination by Government within 7 days after receipt of materials at destination for supplies and services.

FAR 52.232-25 Prompt Payment (Jan 2017) is incorporated by reference in this contract.

E.2 ACCEPTANCE

The performance and quality of work delivered by the contractor, including, services rendered and any documentation or written material compiled shall be subject to inspection, review, and acceptance by the Government.

E.3 GOVERNMENT QUALITY ASSURANCE

In accordance with FAR 52.246-7 “INSPECTION OF RESEARCH AND DEVELOPMENT – FIXED PRICE (Aug 1996)” clause, the services rendered under this contract is subject to Government inspection during both contractor’s operations and after completion of the tasks. The Government’s Quality Assurance Surveillance Program is not a substitute for Quality Control by the Contractor.

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 000101 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.246-7 Inspection Of Research And Development Fixed Price AUG 1996

Section F - Deliveries or Performance

SECTION F

F.1 LATE DELIVERY

Data shall be delivered in accordance with the schedules and destinations specified above.

F.2 CONTRACTOR NOTICE REGARDING LATE DELIVERY

In the event the contractor for any reason anticipates or encounters difficulty in complying with the contract delivery schedule or date or in meeting any of the requirements of the contract; the contractor shall immediately provide written notification to the Contracting Officer, giving pertinent details. This data shall be informational only in character and that its receipt by the Government shall not be constructed as a waiver by the Government (a) of any delivery schedule or date or (b) compliance with other requirement by the contractor or (c) of any other rights or remedies provided to the Government by law or under this contract.

F.3 DELIVERY DATE

The contractor is liable for completion of the required work and deliverables by the delivery date specified in Section F of this contract. A time extension may or may not be granted if the performance of this contract extends beyond the delivery date specified in Section F. If warranted, a time extension can only be granted through a modification executed prior to the delivery date specified in Section F.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 31-DEC-2022 1 NAVFAC EXWC

MANDY SHOEMAKER

CODE EV

1000 23RD AVE BLDG 1000

PORT HUENEME CA 93043-4301

805 982-5872 FOB: Destination

N39430

000101 N/A N/A N/A N/A

Section G - Contract Administration Data

ADMINSTRATION INFO

G.1 TYPE OF CONTRACT

This contract is a Firm Fixed Price completion type contract.

G.2 INVENTION DISCLOSURES AND REPORTS

In accordance with the requirements of the Patent Rights Clause of this contract, the Contractor shall submit DD Form 882, Report of Inventions and Subcontracts along with written disclosures of inventions to the contract administrator.

G.3 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

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

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

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

o NAME: Geralyn Castro

(or any Contracting Officer with the appropriate warrant) o ADDRESS: Naval Facilities Engineering Command

NAVFAC EXWC

Code AQ71 Naval Base Ventura County 1100 23rd AVE Bldg. 1100

Port Hueneme, CA 93043-4347

G.4 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(a) The COR for this contract is:

Name: Mandy Shoemaker Mailing Address: NAVFAC EXWC 1000 23rd Avenue Port Hueneme, CA 93043-4328 Code EV31 Telephone: (805) 982-5872

(b) The COR will act as a Contracting Officer’s Representative for technical matters, providing technical clarification, as necessary, with respect to the specification or statement of work, and monitoring the progress and quality of the Contractor’s performance.

(c) The COR is not an Administrative Contracting Officer and does not have the authority to direct the accomplishment of effort which is beyond the scope of the statement of work. When in the opinion of the contractor, the COR requests effort outside of the existing scope of the contract, the Contractor shall promptly notify the Contracting Officer. No action shall be taken by the contractor until the Contracting Officer has issued a modification to the contract or until the issue has otherwise been resolved.

(d) In the event that the COR name above is absent due to leave, illness, or official business, all responsibilities and functions assigned to the COR will be responsibility of the Alternate COR.

G.5 INVOICING SCHEDULE

The contractor is encouraged to submit monthly invoices for payment. If payments are based upon milestone, submit payment requests after each milestone is completed. If interim payments are required, attach a documentation in WAWF that minimally contains the man-hours and labor costs expended; material and equipment costs incurred; any subcontract costs incurred; and the applicable indirect rate charges and profit.

ACCOUNTING AND APPROPRIATION DATA

AA: 1711319 L4FF 255 25FFS 056521 2D RDFFT6

COST CODE: 02522RC0010P

AMOUNT: $16,040.00

ACRN CLIN/SLIN CIN AMOUNT

AA 000101 130096651000001 $16,040.00

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

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

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) For fixed price line items—

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

Not Applicable

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.

Utilize Invoice 2in1.

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

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

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

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

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

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC N68732

Issue By DoDAAC N39430

Admin DoDAAC** N39430

Inspect By DoDAAC N39430

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) N39430

Accept at Other DoDAAC ____

LPO DoDAAC N39430

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(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.

EXWC_FM_VENDOR_PMT_SERVICES@flankspeed.onmicrosoft.us

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

(End of clause)

252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) 0001 is/are incrementally funded. For this/these item(s), the sum of $16,040.00 of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For items(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "TERMINATION FOR THE

CONVENIENCE OF THE GOVERNMENT".

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph

(a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds.

The provisions of paragraph (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "DEFAULT." The provisions of this clause are limited to work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract if fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or

(e) of this clause.

(h) Nothing in this clause affects the right of the Government to this contract pursuant to the clause of this contract entitled "TERMINATION FOR CONVENIENCE OF THE GOVERNMENT."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $16,040.00

NLT December 31, 2021 $50,000.00

NLT March 31, 2022 $83,271.00

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H.1 PRINCIPAL INVESTIGATOR PERSONNEL

(A) The contractor shall notify the Contracting Officer or Procurement Office (POC) of any proposed change in the employment status of the primary investigator/key person or any request to substitute for the principal investigator key person. Decisions regarding any changes will be based on whether the effort is substantially degraded by the removal/substitution of the Primary Investigator/Key Person will be evaluated on a case-by-case basis. The Contracting Officer will subsequently notify the contractor in writing of approval or disapproval. Government approval or any other personnel changes is not required.

(B) If personnel for whatever reason becomes unavailable for work under the contract for continued period exceeding thirty (30) working days, or are expected to devote substantially less effort to the work than indicated in the proposal, the contractor shall propose a substitution to such personnel.

(C) All proposed substitution shall be submitted, in writing, to the Contracting Officer at least fifteen (15) days (30 working days if a security clearance must be obtained) prior to the proposed substitution. Each request shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute. Information regarding full financial impact of the changed , and any other information regarding the full financial impact of the change, and any other information required by the Contracting Officer to approve or disapprove the proposed substitution. All proposed substitutes (no matter when they are proposed during the performance period) shall have qualifications of the person being replaced.

(D) If Contracting Officer determines that suitable and timely replacement of personnel who have been reassigned, terminated or have otherwise become unavailable to perform under the contract is not reasonably forthcoming or that the resultant reduction of productive effort would impair the successful completion of the contract, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate. Alternatively, the Contracting Officer’s discretion, if the Contracting Office finds that the contractor to be at fault for the condition, he may equitably adjust (downward) 0 the order price or fee to compensate the Government for any delay, loss or damage as a result of the contractor’s action.

H.2 INVENTION DISCLOSURES AND REPORTS

Patent Counsel will represent the Contracting Officer with regard to invention report matters. The contract, unless otherwise noted, is governed by FAR 52.227-11 Patent Rights Ownership by the Contractor, and DFARS 252.227- 7039 Reporting of Inventions

(a) In accordance with the requirements of the Patent Rights Clause of this contract, the Contractor shall submit DD Form 882, Report of Inventions and Subcontracts along with written disclosures of inventions to the Contract Administrator.

(b) The Contractor will forward such reports and disclosures directly to the appropriate Contract Administrator.

(c) The appropriate Counsel for this contract is:

COMMANDER

Counsel Group (Code K00000D) Naval Air Warfare Weapons Division 1 Administration Circle China Lake, CA 93555-6100

(d) The above designated counsel will represent the Contracting Officer with regard to invention report matters arising under this contract.

H.3 PLANT ACCESS

The Government Contracting Officer’s Representative (COR) and the authorized Government personnel shall be allowed access to the contractor’s facilities in which work under this contract is being performed during normal working hours as long as visiting government personnel has completed with the visit planning and coordination requirements of FAR 42.402.

H.4 OCCUPATIONAL SAFETY AND HEALTH REQUIREMENTS

If performance of any work under this contract is required at a Navy facility, the Contractor shall contact the Navy Occupational Safety and Health Office prior to performance of ANY work under this contract.

Contractors are responsible for following all safety and health related State and Federal statutes and corresponding State, Federal, and/or Navy regulations (i.e. Occupational Safety and Health Manual ) protecting the environment, contractor employees, and persons who live and work in and around contractor an/or federal facilities. Contractors shall monitor their employees and ensure that they are following all safety regulations particular to the work areas.

Contractors shall ensure that their employees (a) wear appropriate safety equipment and clothing, (b) are familiar with all relevant emergency procedures should an accident occur, and (c) have access to a telephone and telephone numbers, to include emergency telephone numbers, for the facility where work is performed.

H.5 PERFORMANCE AT GOVERNMENT INSTALLATION

The contractor shall be required to furnish to the security department, at least 10 days in advance of the Government of the contract, the name(s) and place(s) of birth of individual(s) who shall be performing the services.

H.6 NOTICE TO CONTRACTOR OF CERTAIN DRUG DETECTION PROCEDURES

(a) Pursuant to Navy policy applicable to both Government and Contractor personnel, measures will be taken to prevent the introduction and utilization of illegal drugs and related paraphernalia into Government work areas.

(b) Furtherance of the Navy’s drug control program, unannounced periodic inspection of the following nature may be conducted by installation security authorities:

(1) Routine inspection of contractor occupied work spaces.

(2) Random inspections of vehicles on entry or exit, with drug detection dog teams as available, to eliminate them as a safe haven for storage of or trafficking in illegal drugs.

(3) Random inspections of personal possessions or entry or exit from the installation.

(c) When there is probable cause to believe that a contractor employee on board a naval installation has bee engaged in use, possession or trafficking of drugs, the installation authorities may detain said employee until the employee can be removed from the installation, or can be release to the local authorities having jurisdiction.

(d) Trafficking in illegal drug and drug paraphernalia by contact employees while on military vessel/installation my lead to possible withdrawal or downgrading of security clearance, and/or referral for prosecution by appropriate law enforcement authorities.

(e) The contractor is responsible for the conduct of employees performing work under this contract and is therefore, responsible to assure that employees are notified of these provisions prior to assignment.

(f) The removal of contractor personnel from a Government vessel or installation as a result of the drug offenses shall not be cause for excusable delay, nor shall such action be deemed a basis for an equitable adjustment to price, delivery or other provisions of this contract.

H.7 HOLIDAYS

(a) All or a portion of the effort under this contract will be performed on a Government installation. Listed below are the holidays observed by the Federal Government. The Contractor will not be allowed to work on the government installation on these days.

NAME OF HOLIDAY TIME OF OBSERVANCE

New Year’s Day 1 January

Martin Luther King, Jr. Day Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Juneteenth National Independence Day 19 June Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

H.8 LIABILITY INSURANCE FIXED PRICE CONTRACT

If work is performed on a government installation, the following type of insurance are required in accordance with the clause entitled “Insurance – Work on a Government Installation” (FAR 52.228-5, JAN 1997) and shall be maintained in the minimum amounts shown:

(a) Workers’ Compensation and employer’s liability: minimum $100,000.00

(b) Comprehensive general liability: $500,000.00 per occurrence

(c) Automobile Liability: $200,000 per person, $500,000 per occurrence, $20,000 per occurrence for property damage

H. 9 EMPLOYMENT OF GOVERNMENT PERSONNEL

In performing this contract, the contractor will not use as a consultant or employee (either full or part time) any active duty personnel (civilian or military) without prior approval from the Contracting Officer. Such approval may be given only in circumstances where it is clear that no law and no DoD or navy instructions, regulations, or policies might possibly be contravened and no appearance of conflict of interest will result.

H. 10 ENTERPRISE WIDE CONTRACTOR MANAGEMENT REPORTING APPLICATION

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Naval Facilities Engineering Command via a secure data collection site.

The contractor is required to completely fill in all required data fields using the following web address https://www.ecrmra.mil

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year.

H. 11 INFORMATION TECHNOLOGY

This contract is not for the procurement of information technology (hardware of software). This must be approved by the contracting officer in writing.

Section I - Contract Clauses

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

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

AUG 2020

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.219-8 Utilization of Small Business Concerns OCT 2018 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-50 Combating Trafficking in Persons JAN 2019 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.227-1 Alt I Authorization And Consent (Dec 2007) - Alternate I APR 1984 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-14 Rights in Data--General MAY 2014 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-2 Payments Under Fixed-Price Research And Development

Contracts

APR 1984

52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.242-15 Stop-Work Order AUG 1989 52.243-1 Alt V Changes--Fixed-Price (Aug 1987) - Alternate V APR 1984 52.244-6 Subcontracts for Commercial Items JAN 2019 52.249-9 Default (Fixed-Priced Research And Development) APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7999 (Dev) Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation 2021-O0009)

OCT 2021

252.225-7048 Export-Controlled Items JUN 2013 252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.227-7039 Patents--Reporting Of Subject Inventions APR 1990 252.232-7010 Levies on Contract Payments DEC 2006 252.235-7011 Final Scientific or Technical Report JAN 2015 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.246-7001 Warranty Of Data MAR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

ITEMS) (JAN 2019).

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iii) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(iv) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(v) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(vi) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(vii) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(viii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (JAN 2019).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUL 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, ``United States'' includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR[supreg] Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent;

or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information.)

(xx) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (June, 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://farsite.hill.af.mil

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only 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. The Government must exercise its postacceptance rights--

(1) Within a reasonable period of 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.

(e) 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…