RFP - 70B02C22R00000015 - MEA LI.pdf

12. DISCOUNT TERMS

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS

6. SOLICITATION

ISSUE DATE

3. AWARD/EFF. DATE 5. SOLICITATION NUMBER2. CONTRACT NO. 4. ORDER NUMBER

a. NAME b. TELEPHONE NUMBER (No collect calls)7. FOR SOLICITATION

INFORMATION CALL:

SET ASIDE : % FOR:

SMALL BUSINESS

NAICS:

SIZE STANDARD:

HUBZONE SMALL

BUSINESS

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

13b. RATING

14. METHOD OF SOLICITATION

IFB RFPRFQ

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

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

BLOCK BELOW IS CHECKED.

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

IN OFFER.

8(A)

00/00/0000 70B02C22R00000015

Michael A Hall 202-344-3529 08/19/2022 3:00 PM EST

DHS - Customs & Border Protection

Air and Marine Contracting Division

1300 Pennsylvania Ave, NW

Procurement Directorate - NP 1310

Washington DC 20229

336411

1500 EMPLOYEES

See Attached Delivery Schedule DHS - Customs & Border Protection Air and Marine Contracting Division 1300 Pennsylvania Ave, NW Procurement Directorate - NP 1310

Washington DC 20229

See IPP Invoices Clause

PAGE OF PAGES1. REQUISITION NUMBERSolicitation/Contract/Order for Commercial Products and Commercial Services

Offeror to Complete Blocks 12,17,23,24, & 30 0020130548 1 99

ORDER UNDER DPAS (15 CFR 700)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

UNRESTRICTED OR

13a. THIS CONTRACT IS A RATED

06/24/2022

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

24.

AMOUNT

22.

UNIT

23.

UNIT PRICE

SEE ADDENDUM

WOMEN-OWNED SMALL BUSINESS (WOSB) ELIGIBLE

UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM

EDWOSB

CODE

CODE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

31c. DATE SIGNED

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

ADDENDA

ADDENDA

ARE ARE NOT ATTACHED.

ARE ARE NOT ATTACHED.

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN

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 HEREIN.

29. AWARD OF CONTRACT: REF.

YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING

ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

OFFER DATED

30A. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE

SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

STANDARD FORM 1449 (REV. NOV 2021)

Prescribed by GSA - FAR (48 CFR) 53.212

NOT APPLICABLE $0.00

Stephanie Alexander

COPIES TO ISSUING OFFICE. CONTRACTOR

10 MEA LI 1.000 AU

X

2 99

CONTRACT NO.: REQUISITION NUMBER AWARD/EFF. DATE

PAGE OF PAGES

ADDITIONAL INFORMATION:

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

FINALPARTIAL

36. PAYMENT 37. CHECK NUMBER

COMPLETE PARTIAL FINAL

39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41c. DATE 42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. NOV 2021) BACK

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

0020130548 00/00/0000

The Department of Homeland Security, Customs and Border Protection (CBP) is issuing this Request for Proposal (RFP) to establish a Single Award IDIQ with Firm Fixed Price and Time and Material (T&M) line items. This RFP is to procure up to nine (9) Multirole Enforcement Aircraft along with associated spares and services.

This procurement action is being solicited as Other than Full and Open Competition through SAM.gov. The airframe (Textron Aviation, Inc. King Air B300 model) is a brand name requirement and is the only exclusion from full and open competition. All other requirements within this RFP are full and open. The Acquisition Title is “Multirole Enforcement Aircraft Land Interdiction (MEA LI)”.

The principle nature of the requirements described in this solicitation is consistent with supplies provided by industries in the North American Industry Classification System (NAICS) Code 336411 “Aircraft Manufacturing” with a small business size standard of 1,500 employees.

CBP invites your company to participate in phase 1 (Oral Presentations) and provide written portions after the advisory notifications are provided for phase 2 (written submission) to submit a technical and separate full pricing proposal for the efforts described in this RFP including the terms and conditions, the Statement of Work and all other attachments. CBP will select for award the most responsible Offeror whose proposal contains the combination of those evaluation criteria offering the best value to the Government using the trade-off process. “Best value” is defined as the procurement process that results in the most advantageous acquisition decision for the Government and is performed through an integrated assessment and trade-off analysis among price and non-price factors. The basis for the award will be a detailed, integrated evaluation by the Government on the basis of how well the proposal achieves solicitation requirements and satisfies the evaluation criteria specified herein. Accordingly, the Government may award any resulting contract to other than the lowest priced offeror or other than the offeror with the highest technical merit rating. In making this comparison, the Government is concerned with overall merit of the capability of the following evaluation factors: Factor 1 “Radar Solution and Integration Capabilities” is most important. Factor 2 “Technical and Management Capability” is less important than Factor 1.

Oral Presentations (Factor 1) and Technical and Management Capability (Factor 2), when combined, are significantly more important than Price (Factor 3). Factor 3 “Price” is the least important factor. The importance of Factor 3 will increase if Offerors are considered essentially equal in terms of Factors 1 and 2 or if a price is so significantly high as to diminish the value of the proposal’s technical superiority to the Government. The elements are not subfactors and will not be individually rated but will be evaluated as a whole to arrive at the factor-level rating. Note: The elements for Factors 1 and 2 are provided in the RFP Provisions section.

3 99

CONTRACT NO.: REQUISITION NUMBER AWARD/EFF. DATE

PAGE OF PAGES

ADDITIONAL INFORMATION:

STANDARD FORM 1449 (REV. NOV 2021) BACK

0020130548 00/00/0000

The Government may make award without discussions with Offeror (except communications conducted for the purposes of minor clarification); hence your offer should be submitted on the most favorable terms that the offering firm is able to submit to the Government. However, the Government reserves the right to conduct discussions if they are later determined by the Contracting Officer to be necessary.

RFP QUESTIONS:

Questions or concerns regarding any aspect of this RFP must be forwarded to Michael Hall (Michael.A.Hall@cbp.dhs.gov) via email on or before 3:00PM local Washington, DC time on July 8, 2022 so that they can be addressed prior to submission of your proposal. Responses to questions will be provided via Amendment to RFP and posted to www.SAM.gov. Offerors are strongly encouraged to ask questions and convey their exceptions to the requirements during this time. The Government desires to alleviate concerns during the solicitation phase to prevent assumptions or exceptions within the proposals.

PROPOSAL SUBMISSION INSTRUCTIONS:

Please see the section in the RFP titled “GENERAL INSTRUCTIONS FOR THE PREPARATION OF PROPOSALS (OCT 2008)(MODIFIED)” for instructions on Phase 1 and Phase 2.

Contractors that do not submit all of the information required may not be considered for award.

In responding to this RFP, it is the Offeror's responsibility to provide current, relevant, complete and accurate information in its proposal. Customs and Border Protection assumes no responsibility for obtaining clarifications for vague, incomplete or incorrect proposal information.

70B02C22R00000015

TABLE OF CONTENTS

SECTION I SCHEDULES

I.1 Schedule of Supplies or Services and Prices/Costs

SECTION II CONTRACT CLAUSES

II.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

II.2 52.202-1 DEFINITIONS (JUN 2020)

II.3 52.203-3 GRATUITIES (APR 1984)

II.4 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

II.5 52.204-2 SECURITY REQUIREMENTS (MAR 2021)

II.6 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) 17

II.7 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

II.8 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

II.9 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) 17

II.10 52.227-22 MAJOR SYSTEM-MINIMUM RIGHTS (JUN 1987)

II.11 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

II.12 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV 2021) 17

II.13 52.245-1 GOVERNMENT PROPERTY (SEP 2021) ALTERNATE I (APRIL 2012)

II.14 52.245-9 USE AND CHARGES (APR 2012)

II.15 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

II.16 52.247-30 F.O.B. ORIGIN, CONTRACTOR'S FACILITY (FEB 2006)

II.17 52.247-50 NO EVALUATION OF TRANSPORTATION COSTS (APR 1984)

II.18 52.211-9 DESIRED AND REQUIRED TIME OF DELIVERY (JUN 1997)

II.19 52.212-4 CONTRACT TERMS AND CONDITIONS --COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021) ALTERNATE I (NOV 2021)

II.20 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

II.21 52.216-18 ORDERING (AUG 2020)

II.22 52.216-19 ORDER LIMITATIONS (OCT 1995)

II.23 52.216-22 INDEFINITE QUANTITY (OCT 1995)

II.24 52.227-14 RIGHTS IN DATA--GENERAL (MAY 2014)

II.25 52.232-32 PERFORMANCE-BASED PAYMENTS (APR 2012)

II.26 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

II.27 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

II.28 52.246-19 WARRANTY OF SYSTEMS AND EQUIPMENT UNDER PERFORMANCE SPECIFICATIONS OR

DESIGN CRITERIA (MAY 2001)

II.29 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

II.30 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF

COMMERCIAL ITEMS (SEP 2012)

II.31 52.204-23 - PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (DEVIATION 20-05) II.32 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEVIATION 20-05) (DEC 2020)

II.33 52.222-19 CHILD LABOR -- COOPERATION WITH AUTHORITIES AND REMEDIES (DEVIATION 20-07) II.34 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC

2013) (DEVIATION APR 2020)

II.35 CONTRACT TYPE (OCT 2008)

II.36 SPECIFICATIONS, STATEMENT OF WORK, STATEMENT OF OBJECTIVES OR PERFORMANCE WORK

STATEMENT ATTACHED (JUN 2013) (MODIFIED)

II.37 PACKAGING, PACKING AND MARKING (MAR 2003)

II.38 PERIOD OF PERFORMANCE (MAR 2003)

II.39 CONTRACTING OFFICER'S AUTHORITY (MAR 2003)

II.40 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP)

(JAN 2016)

II.41 GOVERNMENT CONSENT OF PUBLICATION/ENDORSEMENT (MAR 2003)

II.42 ORDERING PROCEDURES - SUPPLIES (OCT 2007)

II.43 SECURITY PROCEDURES (APR 2019)

II.44 GOVERNMENT PROPERTY (MAR 2003)

II.45 DISCLOSURE OF INFORMATION (MAR 2003)

II.46 TRAVEL COSTS (AUG 2008)

II.47 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE (JUL 2014)

II.48 SPECIAL SECURITY REQUIREMENT - CONTRACTOR PRE-SCREENING (SEP 2011)

II.49 SAFEGUARDING OF SENSITIVE INFORMATION (MAR 2015)

II.50 INFORMATION TECHNOLOGY SECURITY AND PRIVACY TRAINING (MAR 2015)

II.51 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (SEP 2012), ALTERNATE I (SEP 2012)

II.52 LIST OF ATTACHMENTS

SECTION III SOLICITATION PROVISIONS

III.1 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

III.2 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

III.3 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

III.4 52.212-1 INSTRUCTIONS TO OFFERORS- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

III.5 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

III.6 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

III.7 52.215-1 INSTRUCTIONS TO OFFERORS-COMPETITIVE ACQUISITION (NOV 2021), ALTERNATE I (OCT 1997) 65

III.8 52.216-31 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS--COMMERCIAL

ACQUISITION (NOV 2021)

III.9 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) III.10 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (JUN 2020)

III.11 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

III.12 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020) 67

III.13 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

III.14 52.212-2 EVALUATION -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) III.15 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

III.16 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

III.17 52.216-1 TYPE OF CONTRACT (APR 1984)

III.18 52.232-28 INVITATION TO PROPOSE PERFORMANCE-BASED PAYMENTS (MAR 2000)

III.19 52.233-2 SERVICE OF PROTEST (SEP 2006)

III.20 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

III.21 GENERAL INSTRUCTIONS FOR THE PREPARATION OF PROPOSALS (OCT 2008)(MODIFIED)

3.3 CONTRACTOR SUPPORT SERVICES IN SUPPORT OF THE SELECTION PROCESS

Phase 1, Factor 1: Oral Presentation on Radar Solution and Integration Capabilities

Element 1: Technical Approach Element 2: Radar Solution Element 3: Corporate Experience

Phase 2, Factor 2: Technical and Management Capability Element 1: Operational Capability and Physical Characteristics Element 2: Management and Communications Plan Element 3: Quality Control Element 4: Risk Management Plan

III.22 AGENCY LEVEL PROTEST NOTICE (APR 2003)

III.23 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2007)

III.24 GENERAL EVALUATION INFORMATION (OCT 2008) (MODIFIED)

III.25 EVALUATION CRITERIA (JUN 2007)

III.26 PRICE EVALUATION (MAR 2003) (MODIFIED)

III.27 BASIS OF AWARD (TRADE-OFF ANALYSIS) (JUN 2007)

III.28 RELATIVE IMPORTANCE OF EVALUATION FACTORS (JUN 2007)

SECTION I SCHEDULES

I.1 Schedule of Supplies or Services and Prices/Costs

THE SCHEDULE SUPPLIES OR SERVICES AND PRICING/COSTS

MULTIROLE ENFORCEMENT AIRCRAFT (MEA)

1 CONTRACT TYPE: This is an Indefinite Delivery Indefinite Quantity contract with firm fixed price and time and material line items.

2 SCHEDULE OF ITEMS

The schedule of items, as stated below, shall be in accordance with the Statement of Work and the Performance Specifications that are attached. The quantity discount are based on the number ordered per Delivery Order issued and not the number ordered during the ordering period.

IDIQ Minimum Guarantee: 1 MEA at Award

Base Ordering Period - From Contract Award through twelve (12) months

Firm Fixed Price Contract Line Items Item Supplies/Services Estimated Unit Unit Extended Number Quantity Price Amount 0001 Fully missionized MEA-LI EA See Below Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $ AB. A quantity of 2-3 $ AC. A quantity of 4 or more $

0002 MEA-LI Non-Radar Equipped EA See Below Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

0003 Green Aircraft EA See Below

AA. A quantity of 1 $

0004 Mission System Integration EA See below

AA. A quantity of 1 $

0005 Long Lead Items Package EA See below for MEA LI completion Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

0006 Long Lead Items Package EA See below for MEA LI Completion (non radar equipped) Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

0007 Sensor Operator Training** Per Student $ $ Maintenance Training** Per Student $ $

**The training provided should be based on a minimum class size of 4 students and no larger than 8 students.

0008 Initial Spares Ceiling NTE $2,444,000.00

Time and Material Contract Line Item Item Supplies/Services Estimated Unit Unit Extended Number Quantity Price Amount 0009 Field Service Representative 1,920 Hours

0010 Travel Ceiling NTE $41,840.00

TOTAL CONTRACT VALUE FOR BASE ORDERING PERIOD: $

ORDERING PERIOD 1 (From Expiration of Base Ordering Period through twelve months)

Item Supplies/Services Estimated Unit Unit Extended Number Quantity Price Amount 1001 Fully missionized MEA-LI EA See Below Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

1002 MEA-LI Non-Radar Equipped EA See Below

1003 Green Aircraft EA See Below

AA. A quantity of 1 $

1004 Mission System Integration EA See below

AA. A quantity of 1 $

1005 Long Lead Items Package EA See below

Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

1006 Long Lead Items Package EA See below

Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

1007 Sensor Operator Training** Per Student $ $

**The training provided should be based on a minimum class size of 4 students and no larger than 8 students.

1008 Initial Spares Ceiling NTE $2,444,000.00

Item Supplies/Services Estimated Unit Unit Extended Number Quantity Price Amount 1009 Field Service Representative 1,920 Hours

1010 Travel Ceiling NTE $42,670.00

TOTAL CONTRACT VALUE FOR ORDERING PERIOD 1: $

ORDERING PERIOD 2 (From Expiration of Ordering Period 1 through twelve months)

Item Supplies/Services Estimated Unit Unit Extended Number Quantity Price Amount 2001 Fully missionized MEA-LI EA See Below Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

2002 MEA-LI Non-Radar Equipped EA See Below

2003 Green Aircraft EA See Below

AA. A quantity of 1 $

2004 Mission System Integration EA See below

AA. A quantity of 1 $

2005 Long Lead Items Package EA See below

Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

2006 Long Lead Items Package EA See below

Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

2007 Sensor Operator Training** Per Student $ $

**The training provided should be based on a minimum class size of 4 students and no larger than 8 students.

2008 Initial Spares Ceiling NTE $2,444,000.00

Item Supplies/Services Estimated Unit Unit Extended Number Quantity Price Amount 2009 Field Service Representative 1,920 Hours

2010 Travel Ceiling NTE $43,530.00

TOTAL CONTRACT VALUE FOR ORDERING PERIOD 2: $

ORDERING PERIOD 3 (From Expiration of Ordering Period 2 through twelve months)

Item Supplies/Services Estimated Unit Unit Extended Number Quantity Price Amount 3001 Fully missionized MEA-LI EA See Below Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

3002 MEA-LI Non-Radar Equipped EA See Below

3003 Green Aircraft EA See Below

AA. A quantity of 1 $

3004 Mission System Integration EA See below

AA. A quantity of 1 $

3005 Long Lead Items Package EA See below

Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

3006 Long Lead Items Package EA See below

Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

3007 Sensor Operator Training** Per Student $ $

**The training provided should be based on a minimum class size of 4 students and no larger than 8 students.

3008 Initial Spares Ceiling NTE $2,444,000.00

Item Supplies/Services Estimated Unit Unit Extended Number Quantity Price Amount 3009 Field Service Representative 1,920 Hours

3010 Travel Ceiling NTE $44,400.00

TOTAL CONTRACT VALUE FOR ORDERING PERIOD 3: $

ORDERING PERIOD 4 (From Expiration of Ordering Period 3 through twelve months)

Item Supplies/Services Estimated Unit Unit Extended Number Quantity Price Amount 4001 Fully missionized MEA-LI EA See Below Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

4002 MEA-LI Non-Radar Equipped EA See Below

4003 Green Aircraft EA See Below

AA. A quantity of 1 $

4004 Mission System Integration EA See below

AA. A quantity of 1 $

4005 Long Lead Items Package EA See below

Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

4006 Long Lead Items Package EA See below

Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

4007 Sensor Operator Training** Per Student $ $

**The training provided should be based on a minimum class size of 4 students and no larger than 8 students.

4008 Initial Spares Ceiling NTE $2,444,000.00

Item Supplies/Services Estimated Unit Unit Extended Number Quantity Price Amount 4009 Field Service Representative 1,920 Hours

4010 Travel Ceiling NTE $45,290.00

TOTAL CONTRACT VALUE FOR ORDERING PERIOD 4: $

Total IDIQ Value of Award: 0

IDIQ Minimum Guarantee: 1 MEA at Award IDIQ Maximum Quantity: Up to 9 MEAs

SECTION II CONTRACT CLAUSES

II.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

www.acquisition.gov

I. FEDERAL ACQUISITION REGULATION (48 CHAPTER 1) CLAUSES

NUMBER TITLE

II.2 52.202-1 DEFINITIONS (JUN 2020)

II.3 52.203-3 GRATUITIES (APR 1984)

II.4 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

II.5 52.204-2 SECURITY REQUIREMENTS (MAR 2021)

II.6 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

II.7 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

II.8 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

II.9 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

II.10 52.227-22 MAJOR SYSTEM-MINIMUM RIGHTS (JUN 1987)

II.11 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

II.12 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV 2021)

II.13 52.245-1 GOVERNMENT PROPERTY (SEP 2021) ALTERNATE I (APRIL 2012)

II.14 52.245-9 USE AND CHARGES (APR 2012)

II.15 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

II.16 52.247-30 F.O.B. ORIGIN, CONTRACTOR'S FACILITY (FEB 2006)

II.17 52.247-50 NO EVALUATION OF TRANSPORTATION COSTS (APR 1984)

II.18 52.211-9 DESIRED AND REQUIRED TIME OF DELIVERY (JUN 1997)

(a) The Government desires delivery to be made according to the following schedule:

DESIRED DELIVERY SCHEDULE

ITEM NO. QUANTITY

0001 1 22 MONTHS AFTER RECEIPT OF

ORDER

If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror's proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government's required delivery schedule as follows:

REQUIRED DELIVERY SCHEDULE

0001 1 22 MONTHS AFTER RECEIPT OF

ORDER

Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

0001 1 Subsequent MEA LI Up to 8

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or

(2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

II.19 52.212-4 CONTRACT TERMS AND CONDITIONS --COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021) ALTERNATE I (NOV 2021)

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

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

(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.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on

Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

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

(i) Payments.--

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

(i) Hourly rate.

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

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

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

Officer) to the Contracting Officer or the authorized representative.

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

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

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

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

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

(ii) Materials.

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

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the

Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

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

(2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the

Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

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

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

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

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

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

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

Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: None

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

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

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

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

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

(B) The Contractor’s timekeeping procedures;

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

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

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

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

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government 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 (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

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

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

(D) Contractor point of contact.

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

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

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

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

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

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

(8) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31

U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

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

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

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

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

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

destination.

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

(l)…