N6264925QBA09.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

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8. OFFER DUE DATE/

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9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

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15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

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CODE

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

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REQUEST

FOR QUOTE

(RFQ)

INVITATION

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(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

Section A - Solicitation/Contract Form

UNDERWATER HULL CLEANING

N6264925QBA09

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

FY25 UNDER WATER HULL CLEANING SERVICE

Please see the Statement of Work (SOW).

Pricing Arrangement: Firm Fixed Price PR Number: From Additional Reference Information PR Line Item Number: 0001

1 Group

Section C - Description/Specifications/Statement of Work

WORK SPECIFICATION OF PORT OPERATIONS SERVICE CRAFT HULL CLEANING PLAN

DATE: 25 JUL 2025

1. INTRODUCTION.

1.1 Commander, Fleet Activities Yokosuka is the largest naval installation outside of the U.S. and its territories. We provide 24/7 mooring service. We are committed to providing the best service worldwide even on short notice. We coordinate the most suitable berthing arrangement according to your maintenance and operational needs. 7th Fleet forces facilitate rapid response to natural and manmade crises in the region, all the while ensuring the security and stability. Tug Boats, Work Boats, and floating barges are utilized to conduct harbor movements, open and close security barriers, relocate paint floats & utility barges, and to transfer stores & material. In addition they are utilized to open and close oil boom around ships and oil barges. As per OPNAVINST 5090.4B Chapter 4 all Navy activities shall identity means and methods for the elimination or minimization of pollutants and, where possible, incorporate them at the earliest stages of planning, design, and procurement of facilities, ships, aircraft, weapon systems, equipment, and material. Fleet Activities Yokosuka currently maintains 4 Yard Tugs, 6 WB large boats, 6 WB medium boats, 13 pontoons, 2 SWOB barges, 3 ammo barges, and 12 pier-to-boat barges.

Without these assets our abilities to conduct business in the harbor are significantly degraded.

1.2 This contract is for non-personal services. It does not create employment rights with the U.S. Government whether actual, inherent, or implied. By agreeing to perform the services described in these specifications, the Contractor acknowledges that he/she is not, and shall not become, an employee of the U.S. Government. The Contractor further agrees that he/she shall not bring any cause of action in any forum claiming that he/she has become an employee of the U.S. Government.

1.3 This contract extension is a "non-personal services contract" as defined in FAR 37.101. It is, therefore, understood and agreed that the Contractor and/or the Contractor's employees or sub-contractor:

1.4 Shall perform the services specified herein as independent Contractors, not as employees of the government.

1.5 Shall manage and administer the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract.

1.6 Shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified; but

1.7 Shall, pursuant to the government's right and obligation to inspect, accept, or reject the work, comply with such general direction of the Contracting Officer, or the duly authorized representative of the Contracting Officer as is necessary to ensure accomplishment of the contract objectives.

2. : DESCRIPTION OF REQUIREMENT AND REQUIRING ACTIVITY

2.1 The requirement includes the performance of underwater inspection, periodic hull cleaning services and zinc anodes replacement for 4 Yard Tugs, 2 BB boats, 6 WB large boats, 6 WB medium boats, 13 pontoons, 2 SWOB barges, 3 ammo barges, and 12 pier-to-boat barges. The requiring activity is COMFLEACT Port Operations, Yokosuka. The vendor will contact POC three (3) days in advance prior to commencement of each hull cleaning to ensure no movement is schedule. POC will contact vendor to re-scheduled hull cleaning on approved vessels as long as 48 hrs. notice is provided in the case of unforeseen ships movement.

2.2 REFERENCE:

The contractor shall ensure that all cleaning and inspection procedures are followed as per the reference documents below. Should there be a need to deviate from the aforementioned instructions, the contractor is to contact the Technical Point of Contact (POC) in writing as soon as possible.

a. NAVSEA S0600-AA-PRO-170, Underwater Ship Husbandry Manual, Chapter 17, "Inspection Procedures"

b. NAVSEA S9086-CQ-STM-010, NSTM 81, Waterborne Underwater Hull Cleaning of Navy Ships

c. NAVSEA S9086-TX-STM-010, NSTM Chapter 583-Vol 1, "Boats and Small Craft"

2.3 PLACE OF PERFORMANCE:

Commander Fleet Activities Yokosuka, Japan, Port Operations, Bldg. #5203/ J-87 Area/ Berth 18/ Berth 9/Berth 13 or any suitable Port Operations' Pier or other safe location within the harbor to be coordinated between Port Operations and the diving supervisor prior to the scheduled day of cleaning.

2.4 PERIOD OF PERFORMANCE:

15 SEP 2025 - 14 SEP 2026

2.5 LIST OF SERVICE CRAFT

Below is the list of Service Crafts that falls under this contract:

Item No. Description Length (FT) Width (FT) Draft (FT) QTY Unit of Issue

1 YARD TUG BOAT (YT-804) 90 38 17 1 Each

2 YARD TUG BOAT (YT-805) 90 38 17 1 Each

3 YARD TUG BOAT (YT-806) 90 38 17 1 Each

4 YARD TUG BOAT (YT-807) 90 38 17 1 Each

5 BARRIER BOAT (BB-1) 25 14 7 1 Each

6 BARRIER BOAT (BB-2) 25 14 7 1 Each

7 MEDIUM SIZE WORK BOAT (WBM-1) 30 15 6 1 Each

8 MEDIUM SIZE WORK BOAT (WBM-2) 30 15 6 1 Each

9 MEDIUM SIZE WORK BOAT (WBM-3) 30 15 6 1 Each

10 MEDIUM SIZE WORK BOAT (WBM-4) 30 15 6 1 Each

11 MEDIUM SIZE WORK BOAT (WBM-5) 30 15 6 1 Each

12 MEDIUM SIZE WORK BOAT (WBM-6) 30 15 6 1 Each

13 LARGE SIZE WORK BOAT (WBL-1) 47 16 8 1 Each

14 LARGE SIZE WORK BOAT (WBL-2) 47 16 8 1 Each

15 LARGE SIZE WORK BOAT (WBL-3) 47 16 8 1 Each

16 LARGE SIZE WORK BOAT (WBL-4) 47 16 8 1 Each

17 LARGE SIZE WORK BOAT (WBL-5) 47 16 8 1 Each

18 LARGE SIZE WORK BOAT (WBL-6) 47 16 8 1 Each

19 FAY/PONTOON (FAY-102-1) 100 15 3 1 Each

20 FAY/PONTOON (FAY-106) 100 15 3 1 Each

21 FAY/PONTOON (FAY-108) 100 15 3 1 Each

22 FAY/PONTOON (FAY-109) 100 15 3 1 Each

23 FAY/PONTOON (FAY-110) 100 15 3 1 Each

24 FAY/PONTOON (FAY-111) 100 15 3 1 Each

25 FAY/PONTOON (FAY-112) 100 15 3 1 Each

26 FAY/PONTOON (FAY-113) 100 15 3 1 Each

27 FAY/PONTOON (FAY-114) 100 15 3 1 Each

28 FAY/PONTOON (FAY-115) 100 15 3 1 Each

29 FAY/PONTOON (FAY-116) 100 15 3 1 Each

30 FAY/PONTOON (FAY-117) 100 15 3 1 Each

31 FAY/PONTOON (FAY-102-2) 50 25 3 1 Each

32 BARGE (CVA-7) 60 45 2 1 Each

33 BARGE (CVA-8) 60 45 2 1 Each

34 BARGE (CVA-9) 60 45 2 1 Each

35 BARGE (YC-1381) 110 34 2 1 Each

36 BARGE (YCV-16) 200 65 2 1 Each

37 BARGE (YCV-19) 200 65 2 1 Each

38 BARGE (YCV-20) 200 65 2 1 Each

39 BARGE (CVE-201) 32 26 2 1 Each

40 BARGE (CVE-202) 32 26 2 1 Each

41 BARGE (CVE-204) 32 26 2 1 Each

42 BARGE (CVE-205) 32 26 2 1 Each

43 BARGE (CVE-207) 32 26 2 1 Each

44 BARGE (CVE-208) 32 26 2 1 Each

45 BARGE (CVE-203) 36 31 2 1 Each

46 BARGE (CVE-206) 36 31 2 1 Each

47 SWOB (SWOB-36) 108 28 6 1 Each

48 SWOB (SWOB-37) 108 28 6 1 Each

3. SCOPE OF WORK:

a. Clean hull and propeller.

Clean the steel hull of marine growth and propeller.

b. Inspect hull.

Inspect hull after cleaning paying particular attention to Zinc anodes, Fenders, Hull coating system, Cathodic protection system, General hull damage, Air emitter system, Hull penetrations, Sonar dome, Propulsion shafting, Struts and bearing housing, rudder and propellers.

c. Provide a report of amount of recommended zinc anodes replacement for each vessel to include video before and after.

d. Port Operations will provide zinc anode replacement to vendor.

e. Replace Zinc anodes

From report replace zinc anodes as required under 75% degraded.

f. Final inspection review (with pictures to document work completed).

Provide photo and video before and after hull cleaning.

g. Provide full report in excel format of hull and final inspection review with pictures to document work completed. Provide photo and video before and after propeller cleaning in English excel format.to include the following; Hull coating system, Cathodic protection system, General hull damage, Air emitter system, Hull penetrations, Sonar dome, Propulsion shafting, Struts and bearing housing, rudder and propellers.

4. : CONTRACTOR EXPERIENCE/TRAINING

The Contractor shall provide upon documentation that the service personnel have received training and experience in repairing and/or maintaining the equipment covered herein e.g IDSA Level 1, IDSA Level 2, etc..

5. REPORTING TO PORT OPERATIONS BEFORE AND AFTER SERVICE:

The Contractor radio report Bridge to Bridge channel 10 or channel 29 to the Harbor Movements Officer & or Port shall Control Dispatcher prior to and completion of diving operations. The Contractor shall monitor Bridge to Bridge Radio channel 10 and or channel 29 at all times and display visual diver's flag when diving.

Inspection and acceptance of the preventive maintenance here under shall be made by the Port Ops Maintenance Officer or higher of the requiring activity. The Contractor shall report to the Port Operation Service Craft Officer or Maintenance Chief as listed in Section 11.0 prior to and upon completion of each service. Upon completion of the service, the Contractor shall provide a paper & video copies of the service slips signed by the Department Technician, certifying that the service has been performed and that the equipment is functioning at working condition no later than three working days after service is completed. If the service is performed or completed outside the regular working hours of 0715-1600, the Contractor shall present the certified service slip to Port Control Dispatcher in Bldg. 5203 second floor.

6. UTILITIES:

The contractor shall provide electrical power, dry compressed air, fresh water, and accept industrial and hazardous waste.

7. Control and dispose of waste:

7.1 The contractor will dispose of all waste/hazardous waste associated with this specification in accordance with the following standards and Japanese law.

a. Japan Environmental Governing Standards (JEGS) for the Overseas Environmental Baseline Guidance Document.

b. Japanese Law Relative to Disposal and Cleaning of waste (Haikibutu no Shori oyobi Seisou ni Kansuru Houritsu).

7.2 All paper work associated with disposal shall be provided to CFAY Port Operations TPOC.

8. General Requirements:

8.1 Applicable Publication. Unless otherwise specified, all work shall conform to the standards for overhauling work of this contract described below. However if a conflict between below publication and the specification of this contract is found, the specification of this contract precedes.

a. JIS (Japan Industrial Standard)

b. Technical Rules of Class NK (Nippon Kaiji Kyokai)

c. The Shipbuilding Association of Japan (Nihon Zosen Kogyo-kai)

d. Contractor furnished material and government furnished material. The contractor shall provide all facilities, equipment, materials, and services to perform the requirements of this contract. The Government will not provide the facility, equipment, services under this contract.

e. The contractor shall be responsible for obtaining any necessary insurance, licenses and permits, and for complying with any applicable laws, codes, and regulations, in connection with the performance of the work at no additional cost to the Government. The contractor will coordinate with FCLY to arrange permission letters to enter base.

9. Reporting:

9.1 The Contractor shall provide final report to TPOC listed in Section 11.

9.2 These reports shall summarize the work accomplished and be detailed enough to be able to identify exactly what was wrong with and what was fixed during this work package. This will include applicable part numbers, technical manuals that were used, and any other sources that were useful during the repair of this work package.

9.3 All reports are to be written in English.

10. : SERVICES PERFORMANCE TIME

The scheduled Maintenance services shall be performed from 0800 to 1600, Monday through Friday. (Depending of ship job schedule and tug boat availability)

On Saturday, Sunday, Federal Holidays as defined by the Office of Personnel Management and Japanese holiday as defined by Cabinet Office of Japan, contractor shall provide services from 0800 to 1600 but 'Limited manpower' is available.

(Depending of ship job schedule and tug boat availability)

Any other hours as mutually agreed upon between the Contractor and the requiring activity.

For phone call support during working operational hours (0800-1600, Monday through Friday):

CFAY Port Operations Maintenance Office

CONUS: 11-81-46-816-9072

DSN: 243-9072

CFAY Port Operations Service Craft Office

CONUS: 11-81-46-816-7370

DSN: 243-7370

CFAY Port Operations Port Control Dispatcher Office (after working hours)

CONUS: 11-81-46-816-7366

DSN: 243-7366

11. TECHNICAL POINT OF CONTACT:

LCDR CRIDER, JESSE P.

PORT OPERATIONS OFFICER

E-MAIL: JESSE.P.CIDER.MIL@US.NAVY.MIL

CONTACT PHONE NUMBER (CONUS) 11-81-46-816-9070

DSN: 243-9070

DC1 NURSE, ABDULRAHIM A.

SUPPLY OFFICER

E-MAIL: ABDULRAIM.A.NURSE.MIL@US.NAVY.MIL

CONTACT PHONE NUMBER (CONUS): 11-81-46-816-7364

DSN: 243-7364

mailto:JESSE.P.CIDER.MIL@US.NAVY.MIL

EN1 NORTON, AMBER L.

MARINE MAINTENANCE OFFICER

E-MAIL: AMBER.L.NORTON6.MIL@US.NAVY.MIL

CONTACT PHONE NUMBER (CONUS): 11-81-46-816-9072

DSN: (315) 243-9072

Requirements The requirement includes the performance of underwater inspection, periodic hull cleaning services and zinc anodes replacement for 4 Yard Tugs, 2 BB boats, 6 WB large boats, 6 WB medium boats, 13 pontoons, 2 SWOB barges, 3 ammo barges, and 12 pier-to-boat barges. The requiring activity is COMFLEACT Port Operations, Yokosuka.

Additional Regulation or Supplemental Clauses Incorporated by Full Text

243-9400(1-92) SUPTXT243-9400(1-92) AUTHORIZED CHANGES ONLY BY THE

CONTRACTING OFFICER

(Jan 2024)

AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicate 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 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 requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor effects any change 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 charges incurred as a result thereof. The address and telephone number of the Contracting Officer is:

NAME: NAVSUP FLCY Warranted Contracting Officer

ADDRESS: Ashore Contracts Branch, Contracting Department (Code 200)

TELEPHONE: NAVSUP Fleet Logistics Center (FLC) Yokosuka or DSN: 243-7379

Section D - Packaging and Marking

Section E - Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Acceptance Location

Acceptance Destination Instructions: Accept at destination

DoDAAC: N61054 CountryCode: USA

COMMANDER FLEET ACT YOKOSUKA

PSC 473 BOX 1, FPO AP 96349-1100

FPO, AP 96349-1100

UNITED STATES

Please see the SOW paragraph 11 for Technical POC., TBD Email: TBD Telephone: TBD

Section F - Deliveries or Performance

Line Item Delivery Schedule Quantity Address and POC

Delivery Period From 15 Sep 2025 to 14 Sep 2026

Period of Performance From 15 Sep 2025 To 14 Sep 2026

1 Group Ship To DoDAAC: N61054 CountryCode: USA

COMMANDER FLEET ACT YOKOSUKA

PSC 473 BOX 1, FPO AP 96349-1100

FPO, AP 96349-1100

UNITED STATES

Please see the SOW paragraph 11 for Technical POC., Please see the SOW paragraph 11 for Technical POC.

Email: Please see the SOW paragraph 11 for Technical POC.

Telephone: Please see the SOW paragraph 11.

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.247-34 F.o.b. Destination. Jan 1991

Section G - Contract Administration Data

Section H - Special Contract Requirements

SOLICITATION ADMINISTRATION

Request for Clarification:

All requests for clarification on the subject solicitation shall be emailed to the Contract Specialist within (3) days of publication of solicitation.

ALL or NONE:

Quotation for this solicitation must be on an "ALL or NONE" basis. Partial or incomplete quotations are ineligible for award.

Responsible Quoter:

This is a competitive, unrestricted action among sources duly authorized to operate and do business in JAPAN.

Quoters may be required to submit additional documentation demonstrating their ability to perform in Japan prior to award. Quoters also are required to complete SAM registration or annual-renewal before submitting quotes.

REQUEST FOR CLARIFICATION

Quoters may request clarification of any specification or contract term. No verbal requests for information will be accepted by the Contracting Officer or his/her Technical Representative. Quoter's questions must be submitted to the Contract Specialist in writing via email: Masanori.Rokutan2.LN@us.navy.mil. All requests for clarification on the subject solicitation shall be emailed in English to the Contract Specialist by Friday, 22 AUG 2025, 11:00 PM Japan Standard Time (JST).

SUBMISSION OF QUOTATIONS

The quoter is required to submit a quotation in the following quantities:

(X) SF 1449 (Solicitation No.: N6264925QBA04) signed original - One signed copy.

(X) Submit a price breakdown of the quotation - One copy.

(X) Other. - Published price list if available - One copy.

Section I - Contract Clauses

THE FOLLOWING NAVSUP LOCAL TEXT IS HEREBY MADE PART OF THE STATEMENT OF

WORK/PERFORMANCE WORK STATEMENT.

NAVSUP FLC Yokosuka may utilize contractor support through the AbilityOne Program, as needed, to perform contract closeout functions for this acquisition. Information, including business sensitive/confidential or proprietary data, that the offeror provides to the Government or information already in the possession of the Government may be viewed and utilized by the AbilityOne Program support contractor personnel during the course of its contract performance. The information that may be made available to the support contractor may include, for example, pricing and technical proposals, historical contract, pricing and performance information, Commercial Asset Visibility (CAV) reporting information and similar data/information.

By submission of a proposal in response to this solicitation, the offeror and its subcontractors consent to a release of their business sensitive/confidential or proprietary data to the Government's AbilityOne Program support contractor personnel in order to perform close out services. Prior to the release of any such information to the support contractor, the support contractor will have in place with the Government a Non-Disclosure/Non-Use Agreement in accordance with the terms of the AbilityOne Program support contract.

Offerors may execute their own Non-Disclosure Agreement with the AbilityOne Program (AbilityOne contact information available from the contracting point of contact). The support contractor must provide copies of the executed agreements to the Contracting Officer and the Contracting Officer's Representative (COR) for the support contract; and the offeror/contractor for this acquisition must provide copies of the executed Agreement to the Contracting Officer for this acquisition. If the offeror/contractor seeks such a Non-Disclosure Agreement with the AbilityOne Program support contractor, the Agreement must be executed no later than the date of final delivery under the resulting NAVSUP FLC Yokosuka contract.

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.225-14 Inconsistency between English Version and Translation of Contract. Feb 2000 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

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services. Dec 2022 252.243-7001 Pricing of Contract Modifications. Dec 1991

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services.

(Jan 2025)

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title (JAN 2017) 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)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC (Section 1634 of Pub. L. 115-91).2023)

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section (NOV 2021) 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(NOV 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(MAR 2023)

(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(AUG 1996)

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(OCT 2004)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[ .]Contracting Officer check as appropriate

52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. (1) (JUN 2020), Alternate I (NOV 2021) 4655).

52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (NOV 2021)

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-(3) (JUN 2010) 5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, (4) (NOV 2023) the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(5) (JUN 2020)

[Reserved].(6)

52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(7) (OCT 2016)

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(8) (OCT 2016)

52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(9) (JUN 2023)

52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and (10) Multi-Agency Contracts. (Pub. L. 115-390, title II).(DEC 2023)

(11)

52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(i) (DEC 2023)

Alternate I of 52.204-30.(ii) (DEC 2023)

(12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. ( 2025) (31 U.S.C. 6101 note).JAN

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(13) (OCT 2018)

[Reserved].(14)

52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).(15) OCT 2022

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the (16) OCT 2022 preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[Reserved](17)

(18)

52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)

Alternate I of 52.219-6.(ii) (MAR 2020)

(19)

52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)

Alternate I of 52.219-7.(ii) (MAR 2020)

52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)).(20) ( )JAN 2025

(21)

52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).(i) ( )JAN 2025

Alternate I of 52.219-9.(ii) (NOV 2016)

Alternate II of 52.219-9.(iii) (NOV 2016)

Alternate III of 52.219-9.(iv) (JUN 2020)

Alternate IV of 52.219-9.(v) ( )JAN 2025

(22)

52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(i) (MAR 2020)

Alternate I of 52.219-13.(ii) (MAR 2020)

52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 657s).(23) OCT 2022

52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(24) (SEP 2021)

52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns (25) Eligible Under the SDVOSB Program ( ) (15 U.S.C. 657f).FEB 2024

(26)

52.219-28, Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).(i) Postaward ( )JAN 2025

Alternate I of 52.219-28.(ii) (MAR 2020)

52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ((27) OCT ) (15 U.S.C. 637(m)).2022

52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (28) Small Business Program ( ) (15 U.S.C. 637(m)).OCT 2022

52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(29) (MAR 2020)

52.219-33, Nonmanufacturer Rule (15 U.S.C. 637(a)(17)).(30) (SEP 2021)

52.222-3, Convict Labor (E.O.11755).(31) (JUN 2003)

(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O. 13126).(JAN 2025)

52.222-21, Prohibition of Segregated Facilities .(33) (APR 2015)

(34)

52.222-26, Equal Opportunity (E.O.11246).(i) (SEP 2016)

Alternate I of 52.222-26.(ii) (FEB 1999)

(35)

52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(i) (JUN 2020)

Alternate I of 52.222-35.(ii) (JUL 2014)

(36)

52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(i) (JUN 2020)

Alternate I of 52.222-36.(ii) (JUL 2014)

52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(37) JUN 2020

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(38) (DEC 2010)

(39)

52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(i) (NOV 2021)

Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (MAR 2015)

(40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (JAN 2025) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(41)

52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not (i) applicable to the acquisition of commercially available off-the-shelf items.)

Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf (ii) (MAY 2008) items.)

52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ).(42) (MAY 2024) et seq.

52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, (43) (MAY 2024) et seq.

52.223-20, Aerosols (42 U.S.C. 7671, ).(44) (MAY 2024) et seq.

52.223-21, Foams (42 U.S.C. 7671, ).(45) (MAY 2024) et seq.

52.223-23, Sustainable Products and Services (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. (46) (MAY 2024) 7671l).

(47)

52.224-3 Privacy Training (5 U.S.C. 552 a).(i) (JAN 2017)

Alternate I of 52.224-3.(ii) (JAN 2017)

(48)

52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(i) (OCT 2022)

Alternate I of 52.225-1.(ii) (OCT 2022)

(49)

52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (i) (NOV 2023)

19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

Alternate I [Reserved].(ii)

Alternate II of 52.225-3.(iii) (JAN 2025)

Alternate III of 52.225-3.(iv) (FEB 2024)

Alternate IV (Oct 2022) of 52.225-3.(v)

52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (NOV 2023) et seq

52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (51) (FEB 2021) Assets Control of the Department of the Treasury).

52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the (52) National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)

52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).(54) (NOV 2007)

52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(55) (MAY 2024)

52.229-12, Tax on Certain Foreign Procurements .(56) (FEB 2021)

52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. (57) (NOV 2021) 3805).

52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(58) (NOV 2021)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(59) (OCT2018)

52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(60)

52.232-36, Payment by Third Party (31 U.S.C. 3332).(61) (MAY 2014)

52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(62) (AUG 1996)

52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign (63) Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(NOV 2024)

52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(64) (JAN 2017)

(65)

52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(i) (NOV 2021)

Alternate I of 52.247-64.(ii) (APR 2003)

Alternate II of 52.247-64.(iii) (NOV 2021)

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[ ]Contracting Officer check as appropriate.

52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (AUG 2018)

52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (MAY 2014)

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (AUG (29 U.S.C. 206 and 41 U.S.C. chapter 67).2018)

52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.(4) C. chapter 67).

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of (5) Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (MAY 2014) (41 U.S.C. chapter 67).

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (JAN 2022)

52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (JAN 2022)

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)

52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (49 U.S.C. (10) (JAN 2025) 40118(g)).

(d) . The Contractor shall comply with the provisions of this paragraph (d) if this contract was Comptroller General Examination of Record awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(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 subpart 4.7, Contractor Records Retention, of the 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 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.

(e)

Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any (1)

FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(NOV 2021)

(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(NOV 2023)

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC (Section 1634 of Pub. L. 115-91).2023)

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section (NOV 2021) 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(JUN 2023)

(vii)

52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(A) (DEC 2023)

(B) Alternate I of 52.204-30.(DEC 2023)

(viii) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further ( )JAN 2025 subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (E.O.11246).(SEP 2016)

(xi) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(JUN 2020)

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(JUN 2020)

(xiii) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(JUN 2020)

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in (DEC 2010) accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(AUG 2018)

(xvi)

52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(A) (NOV 2021)

(B) Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(MAR 2015)

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY (41 U.S.C. chapter 67).2014)

(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(JAN 2025)

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(JAN 2022)

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(JAN 2022)

(xxii)

52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(A)

(B) Alternate I of 52.224-3.(JAN 2017)

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the (OCT 2016) National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in accordance (JUN 2020) with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(NOV 2024)

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow (NOV 2021) down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management. (Jul 2013)

PAYMENT BY ELECTRONIC FUNDS TRANSFER-OTHER THAN SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

Method of payment.(a)

All payments by the Government under this contract shall be made by electronic funds transfer (EFT) except as provided in paragraph (a)(2) of (1) this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend payment due dates until such time as the Government makes payment by EFT (but see paragraph (d) of this clause).

Mandatory submission of Contractor's EFT information.(b)

The Contractor is required to provide the Government with the information required to make payment by EFT (see paragraph (j) of this clause). (1)

The Contractor shall provide this information directly to the office designated in this contract to receive that information (hereafter: "designated office") by [the Contracting Officer shall insert date, the date when the contractor submit first invoice, using EFT Form established by DFAS________ days after award, days before first request, the date specified for receipt of offers if the provision at 52.232-38 is utilized, or "concurrent with first request" as prescribed by the head of the agency; if not prescribed, insert "no later than 15 days prior to submission of the first request for payment"].

If not otherwise specified in this contract, the payment office is the designated office for receipt of the Contractor's EFT information. If more than one designated office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated office(s).

(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the designated office. However, EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract.

(c) . The Government may make payment by EFT through either the Automated Clearing House (ACH) network, Mechanisms for EFT payment subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in .31 CFR Part 210

Suspension of payment.(d)

The Government is not required to make any payment under this contract until after receipt, by the designated office, of the correct EFT payment (1) information from the Contractor. Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT information no later than 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the updated EFT information is implemented by the payment office. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension.

Liability for uncompleted or erroneous transfers.(e)

If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government (1) remains responsible for-

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and-

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment and the provisions of paragraph (d) shall apply.

(f) . A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of EFT and prompt payment this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) . If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this EFT and assignment of claims contract, the Contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph

(j) of this clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) . The Government is not liable for errors resulting from changes to EFT information Liability for change of EFT information by financial agent provided by the Contractor's financial agent.

(i) . The payment or disbursing office shall forward to the Contractor available payment information that is suitable for Payment information transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing.

However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address in the contract.

(j) . The Contractor shall provide the following information to the designated office. The Contractor may supply this data for this EFT information or multiple contracts (see paragraph (b) of this clause).