RELEASED- Solicitation - FA860123R0012.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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(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)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

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.

Solicitation/Contract Form

Safety Valves

Proposal Identifier: FA860123R0012 Date: 21 Feb 2023

FA860123R0012

Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

Safety Valve Inspections Building 31240. See Performance Work Statement for more information.

Product Service Code: J048 Pricing Arrangement: Firm Fixed Price

6 Each

Relief Valve Inspections Building 31240. See Performance Work Statement for more information

Product Service Code: J048 Pricing Arrangement: Firm Fixed Price

1 Each

Safety Valve Inspections Building 34019. See Performance Work Statement for more information.

Product Service Code: J048 Pricing Arrangement: Firm Fixed Price

8 Each

Safety Valves Inspections Building 20770. See Performance Work Statement for more information.

Product Service Code: J048 Pricing Arrangement: Firm Fixed Price

9 Each

Safety Valves Inspections Building 20080. See Performance Work Statement for more information.

Product Service Code: J048 Pricing Arrangement: Firm Fixed Price

2 Each

Parts and Labor T&M This CLIN will be used for the time & materials required to repair safety & relief valves.

Product Service Code: J048 Pricing Arrangement: Time and Materials

35,000 Each

Option Line Item

Safety Valve Inspections Building 31240. See Performance Work Statement for more information.

Product Service Code: J048 Pricing Arrangement: Firm Fixed Price

6 Each

Option Line Item

Relief Valve Inspections Building 31240. See Performance Work Statement for more information.

Product Service Code: J048 Pricing Arrangement: Firm Fixed Price

1 Each

Option Line Item

Safety Valve Inspections Building 34019. See Performance Work Statement for more information.

8 Each

Product Service Code: J048 Pricing Arrangement: Firm Fixed Price

Option Line Item

Safety Valves Inspections Building 20770. See Performance Work Statement for more information

Product Service Code: J048 Pricing Arrangement: Firm Fixed Price

9 Each

Option Line Item

Safety Valves Inspections Building 20080. See Performance Work Statement for more information.

Product Service Code: J048 Pricing Arrangement: Firm Fixed Price

2 Each

Option Line Item

Parts and Labor T&M This CLIN will be used for the time & materials required to repair safety & relief valves.

Product Service Code: J048 Pricing Arrangement: Time and Materials

35,000 Each

Option Line Item

Safety Valve Inspections Building 31240. See Performance Work Statement for more information.

Product Service Code: J048 Pricing Arrangement: Firm Fixed Price

6 Each

Option Line Item

Relief Valve Inspections Building 31240. See Performance Work Statement for more information.

Product Service Code: J048 Pricing Arrangement: Firm Fixed Price

1 Each

Option Line Item

Safety Valve Inspections Building 34019. See Performance Work Statement for more information.

Product Service Code: J048 Pricing Arrangement: Firm Fixed Price

8 Each

Option Line Item

Safety Valves Inspections Building 20770. See Performance Work Statement for more information

Product Service Code: J048 Pricing Arrangement: Firm Fixed Price

9 Each

Option Line Item

Safety Valves Inspections Building 20080. See Performance Work Statement for more information.

Product Service Code: J048 Pricing Arrangement: Firm Fixed Price

2 Each

Option Line Item

Parts and Labor T&M This CLIN will be used for the time & materials required to repair safety & relief valves.

Product Service Code: J048 Pricing Arrangement: Time and Materials

35,000 Each

Description/Specifications/Statement of Work

Requirements The contractor shall furnish all equipment, labor, and supervision required to perform annual inspections of all safety valves and relief valves for boilers at the designated locations on Wright-Patterson AFB as listed in the PWS.

Packaging and Marking

Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-6 Inspection-Time-and-Material and Labor-Hour. May 2001

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. Apr 2012

Overall Contract Inspection/Acceptance Locations

Acceptance Location

Acceptance Destination Instructions: COR will inspect and accept

DoDAAC: F4F2AA CountryCode: USA

F4F2AA 88 CEG

AF NO MILSBILLS PROC CP 9372573781

1450 LITTRELL RD

WRIGHT PATTERSON AFB, OH 45433-5261

UNITED STATES

David Sunderland Email: davis.sunderland.1@us.af.mil Telephone: 937-257-1913

Acceptance Location

Acceptance Destination Instructions: COR will inspect and accept

DoDAAC: F4F2AA CountryCode: USA

F4F2AA 88 CEG

AF NO MILSBILLS PROC CP 9372573781

1450 LITTRELL RD

WRIGHT PATTERSON AFB, OH 45433-5261

UNITED STATES

David Sunderland Email: davis.sunderland.1@us.af.mil Telephone: 937-257-1913

Acceptance Location

Acceptance Destination Instructions: COR will inspect and accept

DoDAAC: F4F2AA CountryCode: USA

F4F2AA 88 CEG

AF NO MILSBILLS PROC CP 9372573781

1450 LITTRELL RD

WRIGHT PATTERSON AFB, OH 45433-5261

UNITED STATES

David Sunderland Email: davis.sunderland.1@us.af.mil Telephone: 937-257-1913

Acceptance Location

Acceptance Destination Instructions: COR will inspect and accept

DoDAAC: F4F2AA CountryCode: USA

F4F2AA 88 CEG

AF NO MILSBILLS PROC CP 9372573781

1450 LITTRELL RD

WRIGHT PATTERSON AFB, OH 45433-5261

UNITED STATES

David Sunderland Email: davis.sunderland.1@us.af.mil Telephone: 937-257-1913

Acceptance Location

Acceptance Destination Instructions: COR will inspect and accept

DoDAAC: F4F2AA CountryCode: USA

F4F2AA 88 CEG

AF NO MILSBILLS PROC CP 9372573781

1450 LITTRELL RD

WRIGHT PATTERSON AFB, OH 45433-5261

UNITED STATES

David Sunderland Email: davis.sunderland.1@us.af.mil Telephone: 937-257-1913

Acceptance Location

Acceptance Destination Instructions: COR will inspect and accept

DoDAAC: F4F2AA CountryCode: USA

F4F2AA 88 CEG

AF NO MILSBILLS PROC CP 9372573781

1450 LITTRELL RD

WRIGHT PATTERSON AFB, OH 45433-5261

UNITED STATES

David Sunderland Email: davis.sunderland.1@us.af.mil Telephone: 937-257-1913

Option Line Item

Acceptance Location

Acceptance Destination Instructions: COR will inspect and accept

DoDAAC: F4F2AA CountryCode: USA

F4F2AA 88 CEG

AF NO MILSBILLS PROC CP 9372573781

1450 LITTRELL RD

WRIGHT PATTERSON AFB, OH 45433-5261

UNITED STATES

David Sunderland Email: davis.sunderland.1@us.af.mil Telephone: 937-257-1913

Option Line Item

Acceptance Location

Acceptance Destination Instructions: COR will inspect and accept

DoDAAC: F4F2AA CountryCode: USA

F4F2AA 88 CEG

AF NO MILSBILLS PROC CP 9372573781

1450 LITTRELL RD

WRIGHT PATTERSON AFB, OH 45433-5261

UNITED STATES

David Sunderland Email: davis.sunderland.1@us.af.mil Telephone: 937-257-1913

Option Line Item

Acceptance Location

Acceptance Destination Instructions: COR will inspect and accept

DoDAAC: F4F2AA CountryCode: USA

F4F2AA 88 CEG

AF NO MILSBILLS PROC CP 9372573781

1450 LITTRELL RD

WRIGHT PATTERSON AFB, OH 45433-5261

UNITED STATES

David Sunderland Email: davis.sunderland.1@us.af.mil Telephone: 937-257-1913

Option Line Item

Acceptance Location

Acceptance Destination Instructions: COR will inspect and accept

DoDAAC: F4F2AA CountryCode: USA

F4F2AA 88 CEG

AF NO MILSBILLS PROC CP 9372573781

1450 LITTRELL RD

WRIGHT PATTERSON AFB, OH 45433-5261

UNITED STATES

David Sunderland Email: davis.sunderland.1@us.af.mil Telephone: 937-257-1913

Option Line Item

Acceptance Location

Acceptance Destination Instructions: COR will inspect and accept

DoDAAC: F4F2AA CountryCode: USA

F4F2AA 88 CEG

AF NO MILSBILLS PROC CP 9372573781

1450 LITTRELL RD

WRIGHT PATTERSON AFB, OH 45433-5261

UNITED STATES

David Sunderland Email: davis.sunderland.1@us.af.mil Telephone: 937-257-1913

Option Line Item

Acceptance Location

Acceptance Destination Instructions: COR will inspect and accept

DoDAAC: F4F2AA CountryCode: USA

F4F2AA 88 CEG

AF NO MILSBILLS PROC CP 9372573781

1450 LITTRELL RD

WRIGHT PATTERSON AFB, OH 45433-5261

UNITED STATES

David Sunderland Email: davis.sunderland.1@us.af.mil Telephone: 937-257-1913

Option Line Item

Acceptance Location

Acceptance Destination Instructions: COR will inspect and accept

DoDAAC: F4F2AA CountryCode: USA

F4F2AA 88 CEG

AF NO MILSBILLS PROC CP 9372573781

1450 LITTRELL RD

WRIGHT PATTERSON AFB, OH 45433-5261

UNITED STATES

David Sunderland

Email: davis.sunderland.1@us.af.mil Telephone: 937-257-1913

Option Line Item

Acceptance Location

Acceptance Destination Instructions: COR will inspect and accept

DoDAAC: F4F2AA CountryCode: USA

F4F2AA 88 CEG

AF NO MILSBILLS PROC CP 9372573781

1450 LITTRELL RD

WRIGHT PATTERSON AFB, OH 45433-5261

UNITED STATES

David Sunderland Email: davis.sunderland.1@us.af.mil Telephone: 937-257-1913

Option Line Item

Acceptance Location

Acceptance Destination Instructions: COR will inspect and accept

DoDAAC: F4F2AA CountryCode: USA

F4F2AA 88 CEG

AF NO MILSBILLS PROC CP 9372573781

1450 LITTRELL RD

WRIGHT PATTERSON AFB, OH 45433-5261

UNITED STATES

David Sunderland Email: davis.sunderland.1@us.af.mil Telephone: 937-257-1913

Option Line Item

Acceptance Location

Acceptance Destination Instructions: COR will inspect and accept

DoDAAC: F4F2AA CountryCode: USA

F4F2AA 88 CEG

AF NO MILSBILLS PROC CP 9372573781

1450 LITTRELL RD

WRIGHT PATTERSON AFB, OH 45433-5261

UNITED STATES

David Sunderland Email: davis.sunderland.1@us.af.mil Telephone: 937-257-1913

Option Line Item

Acceptance Location

Acceptance Destination Instructions: COR will inspect and accept

DoDAAC: F4F2AA CountryCode: USA

F4F2AA 88 CEG

AF NO MILSBILLS PROC CP 9372573781

1450 LITTRELL RD

WRIGHT PATTERSON AFB, OH 45433-5261

UNITED STATES

David Sunderland Email: davis.sunderland.1@us.af.mil Telephone: 937-257-1913

Option Line Item

Acceptance Location

Acceptance Destination Instructions: COR will inspect and accept

DoDAAC: F4F2AA CountryCode: USA

F4F2AA 88 CEG

AF NO MILSBILLS PROC CP 9372573781

1450 LITTRELL RD

WRIGHT PATTERSON AFB, OH 45433-5261

UNITED STATES

David Sunderland Email: davis.sunderland.1@us.af.mil Telephone: 937-257-1913

Deliveries or Performance

Line Item Delivery Schedule QTY Address and POC

Period of Performance From 12 Jun 2023 To 11 Jun 2024

6 Each

Period of Performance From 12 Jun 2023 To 11 Jun 2024

1 Each

Period of Performance From 12 Jun 2023 To 11 Jun 2024

8 Each

Period of Performance From 12 Jun 2023 To 11 Jun 2024

9 Each

Period of Performance From 12 Jun 2023 To 11 Jun 2024

2 Each

Period of Performance From 12 Jun 2023 To 11 Jun 2024

35,000 Each

Option Line Item

Period of Performance From 12 Jun 2024 To 11 Jun 2025

6 Each

Option Line Item

Period of Performance From 12 Jun 2024 To 11 Jun 2025

1 Each

Option Line Item

Period of Performance From 12 Jun 2024 To 11 Jun 2025

8 Each

Period of Performance 9 Each

Option Line Item

From 12 Jun 2024 To 11 Jun 2025

Option Line Item

Period of Performance From 12 Jun 2024 To 11 Jun 2025

2 Each

Option Line Item

Period of Performance From 12 Jun 2024 To 11 Jun 2025

35,000 Each

Option Line Item

Period of Performance From 12 Jun 2025 To 11 Jun 2026

6 Each

Option Line Item

Period of Performance From 12 Jun 2025 To 11 Jun 2026

1 Each

Option Line Item

Period of Performance From 12 Jun 2025 To 11 Jun 2026

8 Each

Option Line Item

Period of Performance From 12 Jun 2025 To 11 Jun 2026

9 Each

Option Line Item

Period of Performance From 12 Jun 2025 To 11 Jun 2026

2 Each

Option Line Item

Period of Performance From 12 Jun 2025 To 11 Jun 2026

35,000 Each

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7006 Billing Instructions. Oct 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Dec 2018

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) As used in this clause- Definitions.

"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) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

(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) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

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

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.

in WAWF for this contract or task or delivery order:

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

(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.

COMBO

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

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

COMBO

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(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.

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

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.

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 F87700

Issue By DoDAAC FA8601

Admin DoDAAC FA8601

Inspect By DoDAAC F4F2AA

Ship To Code F4F2AA

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) F4F2AA

Service Acceptor (DoDAAC) F4F2AA

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(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.

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

(Contracting Officer: Insert applicable information or "Not applicable.")

(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

As prescribed in 232.706-70, use the following clause:

LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

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

(b) For item(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 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 a 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 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 paragraphs (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 the 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 is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate 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 $ ____

(month) (day), (year) $ ____

(month) (day), (year) $ ____

(month) (day), (year) $ ____

(End of clause)

Special Contract Requirements

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Dec 2022 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.232-18 Availability of Funds. Apr 1984 52.232-23 Assignment of Claims. May 2014 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Nov 2021 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.243-3 Changes-Time-and-Materials or Labor-Hours. Sep 2000 52.245-1 Government Property. Sep 2021 52.245-9 Use and Charges. Apr 2012 52.249-4 Termination for Convenience of the Government (Services) (Short Form). Apr 1984 52.249-6 Termination (Cost-Reimbursement). May 2004 52.249-6 Alternate IV Termination (Cost-Reimbursement). (Alternate IV) May 2004 52.249-14 Excusable Delays. Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Dec 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. May 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2021

252.211-7007 Reporting of Government-Furnished Property. Mar 2022 252.223-7008 Prohibition of Hexavalent Chromium. Jun 2013 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. May 2022 252.232-7010 Levies on Contract Payments. Dec 2006

252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.

Dec 2022

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jun 2013 252.242-7006 Accounting System Administration. Feb 2012 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.244-7000 Subcontracts for Commercial Items. Dec 2022 252.245-7002 Reporting Loss of Government Property Jan 2021 252.245-7003 Contractor Property Management System Administration Apr 2012

FAR Clauses Incorporated by Full Text

52.212-4 Alternate I Contract Terms and Conditions-Commercial Products and Commercial Services. (Alternate I) Dec

Alternate I (Nov 2021). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and

(m) for those in the basic clause.

(a) (1) The Government has the right to inspect and test all materials furnished and services performed under this Inspection/Acceptance.

contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

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

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

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

]portion of labor rate attributable to profit.

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

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

(B) Terminate this contract for cause.

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

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

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

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

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

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

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

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

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

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

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

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

(iii) "Materials" means-

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

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

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

usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [____ Insert any subcontracts ]; andfor services to be excluded from the hourly rates prescribed in the schedule.

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

(iv) "Subcontract" means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

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

the Contracting Officer:

(i) .Hourly rate

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

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract.

Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

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

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

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

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

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

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

(ii) .Materials

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

( ) Quantities being acquired; and1

( ) Any modifications necessary because of contract requirements.2

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

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

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

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

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

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

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

(1) . The Government will reimburse the Contractor on the basis of actual cost for the following, provided such Other Direct Costs costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: [Insert each element of other direct costs (e.g., travel, computer usage ____ charges, etc. Insert "None" if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert 'None'."]

(2) . The Government will reimburse the Contractor for Indirect Costs (Material Handling, Subcontract Administration, etc.)

indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: [Insert a fixed amount for the indirect costs ____ and payment schedule. Insert "$0" if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the

Contracting Officer may insert "Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert 'None')."]

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

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

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

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

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

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

(B) The Contractor's timekeeping procedures;

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

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

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

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

(B) Any documents supporting payment of those invoices.

(5) Each payment previously made shall be subject to reduction to the extent of amounts, on preceding Overpayments/Underpayments.

invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall-

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

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

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

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

(D) Contractor point of contact.

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

(6)(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid.

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

(iii) . The Contracting Officer will issue a final decision as required by 33.211 if-Final Decisions

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.607- 2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

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

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

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

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

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

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

(9) . If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.Electronic Funds Transfer (EFT)

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services. Dec 2022

As prescribed in , insert the following clause:12.301(b)(4)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Dec 2022)

The Contractor shall comply with the…