RFQ 26Q0107 AF.docx - Google Docs.pdf

Air Force Life Cycle Management Center (AFLCMC), M1022-A1 Dolly Sets

REQUEST FOR QUOTATION (RFQ)

47QSWC26Q0107

SECTION A: SOLICITATION/CONTRACT FORM

1. This Request for Quote (RFQ) has been prepared in accordance with FAR Part 12, Acquisition of Commercial Products and Commercial Services. This RFQ will create a firm-fixed price (FFP), one-time purchase order for the procurement of a quantity of three (3) M1022-A1 Dolly Sets. The client agency is the United States Air Force Life Cycle Management Center (AFLCMC), located at Panama City, FL. In accordance with (IAW) FAR 12.204(GSA Class Deviation RFO-2025-12), the Standard Form 1449 (SF-1449) shall be used as the solicitation/contract form.

2. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-06 effective 10/01/2025 along with GSA Class Deviation of the Revolutionary FAR Overhaul. The provisions and clauses referenced in this solicitation may be reviewed/obtained in full text form athttps://www.acquisition.gov/browse/index/far.

3. This RFQ has not been set-aside for small businesses. The North American Industry Classification System (NAICS) code is 336212, titled “Truck Trailer Manufacturing” with a small business size standard of 1,000 employees. The Product Service Code (PSC) is 2590, titled “Miscellaneous Vehicular Components”. The nonmanufacturer rule (NMR) is NOT applicable to this requirement.

4. Quoter shall submit a firm-fixed pricing quote and must be able to provide the M1022-A1 Dolly Sets by quoting all items listed on the attached Pricing Spreadsheet of this RFQ

5. In order for GSA to make a fair and reasonable price determination, additional market research may be conducted. The Contracting Officer may also request Quoter to submit any available pricing data and/or relevant sales/invoice history to further substantiate the price reasonableness of the quote submitted to the Government.

6. This isONLYa request for a quote. A contractwill be issued pursuant to the evaluation of the quotations received.DO NOT SHIPbased upon the posting of this RFQ.

7. STANDARD COMMERCIAL WARRANTY REQUIREMENT. The Government is requiring all items in the contract have a Standard Commercial Warranty.

8. ALL QUOTES AND ALL SUPPORTING DOCUMENTATION SHALL BE

https://www.acquisition.gov/browse/index/far

SUBMITTED BY EMAIL TOSINDICA.WADE@GSA.GOVAND

DOMINIC.LACKEY@GSA.GOV AND AREDUE ON OR BEFORE 3:00 PM PST,

JUN 8 , 2026.

When responding to this RFQ, complete the entire package along with the supplemental documentation and submit your quote package as an attachment to your RFQ response. No other forms of submission will be accepted. Each quote must be received by the closing date and time.

Quotations received after this time will be deemed late and shall not be considered for the award.

FAILURE TO PROVIDE ALL OF THE REQUIRED SUBMITTAL

INFORMATION LISTED IN SECTION L (INSTRUCTIONS, CONDITIONS,

AND NOTICES TO OFFERORS OR RESPONDENTS) MAY RESULT IN

YOUR QUOTE NO LONGER BEING EVALUATED OR CONSIDERED FOR

AWARD.

SECTION B: SUPPLIES OR SERVICES

Please fill out the below completely and return with your quote:

*USE THE ATTACHED PRICING SPREADSHEET (ATTACHMENT1) TO SUBMIT

QUOTED PRICES*

Please complete the highlighted fields in “blue” andreturn with your quote:

Company’s Name:

Unique Entity ID (UEI) Number:

Small Business Status for NAICS 336413:

If applicable, Small Business Socio-Economic Status:

Quoter’s Point of Contact (POC) Name, Email and Phone Number:

Quoted Delivery Days After Receipt of Order (ARO):

Original Equipment Manufacturer:

Country of Origin:

Buy American Act Compliant: (Yes or No)

QUOTER MUST COMPLETE THESE STATEMENTS:

mailto:SINDICA.WADE@GSA.GOV mailto:DOMINIC.LACKEY@GSA.GOV

I do☐or☐do not take any exceptions to the RFQprovisions, clauses, PWS/SOW, or other information.

If Quoter does take exception to any of the RFQ provisions, clauses, requirements, specifications, or other information, please provide a list of any exceptions and explanation(s) in the space below. Please note, the Government reserves the right to make a selection based upon initial quotes received, without discussions with quoters;

therefore, exceptions to the RFQ may eliminate a quoter from receiving any further consideration.

☐I acknowledge receipt of all RFQ amendments.

To be awarded a contract and to submit invoices, your company will first need to register in GSA ASSIST, which is an online, web-based purchase order system designed to facilitate the development of delivery and purchase orders within FAS programs, to include submission of invoices and payment. Process includes:

1. Registering your company’s SAM’s Unique Entity ID

2. Registering your company’s GSA’s Multiple Award Schedule (MAS) contract, if applicable.

3.Registeringanauthorizedusertosign(commit)onbehalfofthecompany,to includeanindividual(ifnotthesameperson)whowillbesubmittinginvoices.

Multiple users may register.

Toregister,pleasevisit:https://assist.gsa.gov/public/login.Ifyouhaveanyquestionsor needtechnicalassistance,pleasecalltheGSAASSISTServiceDeskat:Phone:(877) 472-4877, Monday - Friday (8AM - 8PM EST).

I have registered in GSA ASSIST. Registered Name and Email Address:

X_______________________________________ Signature Date

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Quantity of three (3) M1022-A1 Dolly Sets

SECTION D: PACKAGING AND MARKING

Marking:Shipments to the Department of Defense (DoD)shall be marked in accordance with MIL-STD-129.

Special Marking: In addition to markings requiredby MIL-STD-129, shipments shall be marked with the requisition number, part number, SUPPAD and item name (will be shown on individual orders).

Preparation for Delivery: The item(s) shall be packagedand packed to afford adequate protection against physical damage during shipment from the supplier to the first receiving activity. The pack shall comply with the rules and regulations applicable to the mode of transportation. The package shall be the same as that normally provided by the supplier.

Ready for Shipment: Whenever components are readyto ship, the following documentation shall be uploaded via the Collaboration tool in ASSIST:

- Shipper, shipment tracking number, estimated delivery date

- Purchase Invoice (.pdf)

- Packing List (.pdf)

SECTION E: INSPECTION AND ACCEPTANCE

52.246-2 INSPECTION OFSUPPLIES—FIXED-PRICE(AUG1996)

(a) Definition. “Supplies,” as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies. (b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made other than the Contractor’s or subcontractor’s premises; provided that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance of corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either

(1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time—

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor’s plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

(End of clause)

52.246-16 RESPONSIBILITY OFSUPPLIES(APR1984)

(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damageto supplies 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) Acceptance by the Government or delivery of the supplies to the Government at thedestination specified in the contract, whichever is later, if transportation is f.o.b. destination.(c) Paragraph (b) of this clause shall not apply to supplies that fail to conform to contractrequirements as to give a right of rejection. The risk of loss of or damage to suchnonconforming supplies remains with the Contractor until cure or acceptance. After cure oracceptance, paragraph

(b) of this clause shall apply.

(d) Under paragraph (b) of this clause, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

(End of clause)

552.246-78 INSPECTION ATDESTINATION(JUL2009)

Inspection of all purchases under this contract will be made at destination by an authorized

Government representative.

(End of clause)

SECTION F: DELIVERIES OR PERFORMANCE

Delivery Terms: The Government is seeking one yearafter receipt of order (ARO).

The Contractor is encouraged to provide their best delivery terms.

The Contractor shall coordinate delivery of all items with the designated Client POC for consolidation, storage, and shipping. The Contractor shall notify the Client POC when equipment is shipped from either the Manufacturer’s facility or the Contractor’s facility.

The Contractor must notify the POC prior to delivery if special material handling equipment (MHE) is required to offload the equipment once it arrives at the Client’s facility.

Shipping and Handling Terms:F.O.B. Destination. Inspectionand acceptance will occur at Destination at the following delivery address below:

Mark For: 325 LRS/LGRV Ship To Address:

995 BEACON BEACH RD

Panama City, FL 32403

POC: 325 LRS/LGRV, (850) 283-9376

All packages and shipments to the Department of Defense (DoD) shall be marked in accordance with MIL-STD-129R. Information regarding MIL-STD-129R can be found at https://vsc.gsa.gov/vsc/app-content-viewer/section/132#Strategic%20Partner%20Delivery%

20(SPD)

52.247-34 F.O.B DESTINATION(JAN 1991)

(a) The term "F.O.B. destination," as used in this clause, means-

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if the destination is aport city and supplies are for export), warehouseunloading platform, or receiving dock, atthe expense of the Contractor. The Government shallnot be liable for any delivery, storage,demurrage, accessorial, or other chargesinvolved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If a rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") isused, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item568 of the NationalMotor Freight Classification for "heavy or bulky freight." When supplies meeting therequirements of the referenced Item568 are delivered, unloading (including movement tothe tailgate) shall be performed by the consignee, with assistance from the truck driver, ifrequested. If the contractor uses rail carrier or freight forwarded for less thancarload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery,when required, if transfer to truck is required to complete delivery to consignee.(b) The Contractor shall-

(1) (i) Pack and mark the shipment to comply with contract specifications; or(ii) In the absence of specifications, prepare the shipment in conformance withcarrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and(6) Pay and bear all charges to the specified point of delivery.

(End of clause)

SECTION G: CONTRACT ADMINISTRATION DATA

GSA will be responsible for contract administration, including payment and close-out. The GSA administrative point of contact is:

GSA Contract Specialist:

Sindica Wade GSA/FAS Assisted Acquisition Services (AAS) 819 Taylor Street Fort Worth, TX 76102 Phone: 415-583-5398 Email: sindica.wade@gsa.gov

GSA Contracting Officer:

Dominic Lackey GSA/FAS Assisted Acquisition Services (AAS) 819 Taylor Street Fort Worth, TX 76102 Phone: 817-850-8426 Email: Dominic.Lackey@gsa.gov

SECTION H: SPECIAL CONTRACT REQUIREMENTS

Requirements for accessibility based on Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) are determined to not apply to this procurement.

SECTION I: CONTRACT CLAUSES

52.252-2 CLAUSESINCORPORATED BYREFERENCE(FEB1998)

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

CLAUSESINCORPORATED BYREFERENCE

52.204-13 SYSTEM FORAWARDMANAGEMENTMAINTENANCE(OCT2018)

52.204-18 COMMERCIAL ANDGOVERNMENTENTITYCODEMAINTENANCE(AUG2020)

52.204-19 INCORPORATION BYREFERENCE OFREPRESENTATIONS ANDCERTIFICATIONS(DEC

2014)

52.204-21 BASICSAFEGUARDING OFCOVEREDCONTRACTORINFORMATIONSYSTEMS(NOV

2021)

52.215-8 ORDER OFPRECEDENCE—UNIFORMCONTRACTFORMAT(OCT1997)

252.203-7000 REQUIREMENTSRELATING TOCOMPENSATION OFFORMERDODOFFICIALS(SEP

2011)

252.203-7002 REQUIREMENTS TOINFORMEMPLOYEES OFWHISTLEBLOWERRIGHTS(DEC2022)

252.204-7003 CONTROL OFGOVERNMENTPERSONNELWORKPRODUCT(APR1992)

252.204-7015 NOTICE OFAUTHORIZEDDISCLOSURE OF INFORMATION FORLITIGATIONSUPPORT

(JAN2023)

252.204-7018 PROHIBITION ON THEACQUISITION OFCOVEREDDEFENSETELECOMMUNICATIONS

EQUIPMENT ORSERVICES(JAN2023)

252.204-7020 NIST SP 800-171 DOD ASSESSMENTREQUIREMENTS(NOV2023)

252.204-7024 NOTICE ON THE USE OF THESUPPLIERPERFORMANCERISK

252.211-7003 SYSTEM(MAR2023)ITEMUNIQUEIDENTIFICATION ANDVALUATION(JAN2023)

252.223-7008 PROHIBITION OFHEXAVALENTCHROMIUM(JAN2023)

252.225-7001 BUYAMERICAN ANDBALANCE OFPAYMENTSPROGRAM– BASIC(FEB 2024)

252.225-7036 BUYAMERICAN– FREETRADEAGREEMENTS– BALANCE OFPAYMENTSPROGRAM–

BASIC(JAN2023)

252.225-7048 EXPORT-CONTROLLEDITEMS(JUN2013)

252.232-7010 LEVIES ONCONTRACTPAYMENTS(DEC2006)

252.243-7001 PRICINGOFCONTRACTMODIFICATIONS(DEC1991)

252.244-7000 SUBCONTRACTS FORCOMMERCIALPRODUCTS ORCOMMERCIALSERVICES(NOV

2023)

552.211-75 PRESERVATION, PACKAGING,ANDPACKING(FEB1996)

552.211-77 PACKINGLIST(FEB1996)

52.212-4 CONTRACTTERMS ANDCONDITIONS— COMMERCIALPRODUCTS ANDCOMMERCIALSERVICES

(NOV2023)

(a)Inspection/Acceptance.The Contractor shall onlytender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b)Assignment.The Contractor or its assignee mayassign 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 thirdparty 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 ofthis contract may be made only by written agreement of the parties.

(d)Disputes.This contract is subject to41 U.S.C.chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitableadjustment, claim, appeal or action arising under or relating to this contract shall be adispute to be resolved in accordance with the clause at Federal Acquisition Regulation(FAR)52.233-1, Disputes, which is incorporated herein by reference. TheContractor shall proceed diligently with performance of this contract, pending final resolutionof any dispute arising under the contract.

(e)Definitions.The clause at FAR52.202-1, Definitions,is incorporated herein by reference.

(f)Excusable delays.The Contractor shall be liablefor 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. TheContractor shall notify the Contracting Officer in writing as soon as it is reasonably possibleafter the commencement of any excusable delay, setting forth the full particulars inconnection therewith, shall remedy such occurrence with all reasonable dispatch,and shall promptly give written notice to the Contracting Officer of the cessation of suchoccurrence.

(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 theitems 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, contractclause (e.g., 52.232-33,Payment by Electronic Funds Transfer-Systemfor AwardManagement, or 52.232-34,Payment by Electronic Funds Transfer-OtherThan System forAward 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 indemnifythe 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) Payment.- (1)Items accepted. Payment shall be made for itemsaccepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2)Prompt payment.The Government will make paymentin accordance with the

Prompt Payment Act (31 U.S.C.3903) and prompt paymentregulations at 5 CFR Part 1315.

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

(4)Discount.In connection with any discount offeredfor 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 which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5)Overpayments.If the Contractor becomes awareof a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or 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.,duplicatepayment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;(C) Affected line item or subline item,if applicable; and

(D) Contractor point of contact.

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

(6)Interest.

(i) All amounts that become payable by the Contractorto 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 in41 U.S.C. 7109, which is applicableto the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed 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 willissue a final decision as required by33.211if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(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 (see32.607-2).

(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 debtwould otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR32.608-2in effect onthe date of this contract.(j)Risk of loss.Unless the contract specifically provides otherwise,risk of loss ordamage 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 thecontract, if transportation is f.o.b. destination.

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

(l)Termination for the Government’s convenience.The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work 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 a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. TheContractor shall not be required to comply with the cost accounting standards or contractcost principles for this purpose. This paragraph does not give the Government any right toaudit the Contractor’s records. The Contractor shall not be paid for any work performed orcosts incurred which reasonably could have been avoided.

(m)Termination for cause.The Government may terminatethis 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.

(n)Title.Unless specified elsewhere in this contract,title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o)Warranty.The Contractor warrants and impliesthat the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.(p) Limitation of liability.Except as otherwise providedby an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q)Other compliances.The Contractor shall complywith all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r)Compliance with laws unique to Government contracts.The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s)Order of precedence.Any inconsistencies in thissolicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) Other documents, exhibits, and attachments.

(8) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

(v) Incorporation by reference. The Contractor’s representations and certifications, includingthosecompletedelectronicallyviatheSystemforAwardManagement(SAM),are incorporated by reference into the contract.

(End of clause)

52.212-5 CONTRACTTERMS ANDCONDITIONSREQUIRED TOIMPLEMENTSTATUTES OREXECUTIVE

ORDERS-COMMERCIALPRODUCTSandCOMMERCIALSERVICES(OCT2025)

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

(1)52.203-19, Prohibition on Requiring Certain InternalConfidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

(4)52.209-10, Prohibition on Contracting with InvertedDomestic Corporations (Nov2015).

(5)52.232-40, Providing Accelerated Payments to SmallBusiness Subcontractors (Mar 2023) (31 U.S.C. 3903and10 U.S.C. 3801).

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

(7)52.233-4,Applicable Law for Breach of ContractClaim (Oct 2004) (Public Laws

108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

__ (1)52.203-6, Restrictions on Subcontractor Salesto the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704and10U.S.C. 4655).

__ (2)52.203-13,Contractor Code of Business Ethicsand Conduct (Nov 2021) (41 U.S.C. 3509)).

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

__ (4)52.203-17,Contractor Employee WhistleblowerRights (Nov 2023) (41 U.S.C.

4712); this clause does not apply to contracts ofDoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR3.900(a).

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

__ (6) [Reserved].

__ (7)52.204-14,Service Contract Reporting Requirements(Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

__ (8)52.204-15,Service Contract Reporting Requirementsfor Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

XX(9)52.204-27, Prohibition on a ByteDance CoveredApplication (Jun 2023)

(Section 102 of Division R of Pub. L. 117-328).

__ (10)52.204-28, Federal Acquisition Supply ChainSecurity Act Orders—Federal

Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts.

(Dec 2023) (Pub. L. 115–390, title II).

XX(11) (i)52.204-30, Federal Acquisition SupplyChain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390,title II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

XX(12)52.209-6, Protecting the Government's InterestWhen Subcontracting With

Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) (31 U.S.C. 6101 note).

__ (13)52.209-9,Updates of Publicly Available InformationRegarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (14) [Reserved].

__ (15)52.219-3,Notice of HUBZone Set-Aside or Sole-SourceAward (Oct 2022)

(15 U.S.C. 657a).

__ (16)52.219-4,Notice of Price Evaluation Preferencefor HUBZone Small

Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved] __ (18) (i)52.219-6,Notice of Total Small BusinessSet-Aside (Nov 2020) (15 U.S.C.

644).

__ (ii) Alternate I (Mar 2020) of52.219-6.

__ (19) (i)52.219-7,Notice of Partial Small BusinessSet-Aside (Nov 2020) (15

U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of52.219-7.

__ (20)52.219-8,Utilization of Small Business Concerns(Jan 2025)(15 U.S.C.

637(d)(2) and (3)).

__ (21) (i)52.219-9,Small Business SubcontractingPlan (Jan 2025) (15 U.S.C.

637(d)(4)).

__ (ii) Alternate I (Nov 2016) of52.219-9.

__ (iii) Alternate II (Nov 2016) of52.219-9.

__ (iv) Alternate III (Jun 2020) of52.219-9.

__ (v) Alternate IV (Jan 2025) of52.219-9.

__ (22) (i)52.219-13, Notice of Set-Aside of Orders(Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of52.219-13.

__ (23)52.219-14, Limitations on Subcontracting (Oct2022) (15 U.S.C. 657s).

__ (24)52.219-16, Liquidated Damages—SubcontractingPlan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

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

XX(26) (i)52.219-28, Postaward Small Business ProgramRerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of52.219-28.

__ (27)52.219-29, Notice of Set-Aside for, or Sole-SourceAward to, Economically

Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (28)52.219-30, Notice of Set-Aside for, or Sole-SourceAward to, Women-OwnedSmall Business Concerns Eligible Under the Women-Owned Small Business Program (Oct2022) (15 U.S.C. 637(m)).

__ (29)52.219-32, Orders Issued Directly Under SmallBusiness Reserves (Mar 2020) (15 U.S.C. 644(r)).

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

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

XX(32)52.222-19, Child Labor—Cooperation with Authoritiesand Remedies (Jan

2025)( E.O. 13126).

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

XX(34) (i)52.222-26, Equal Opportunity (Sep 2016)(E.O. 11246).

__ (ii) Alternate I (Feb 1999) of52.222-26.

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

__ (ii) Alternate I (Jul 2014) of52.222-35.

XX(36) (i)52.222-36, Equal Opportunity for Workerswith Disabilities (Jun 2020) (29

U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of52.222-36.

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

__ (38)52.222-40, Notification of Employee RightsUnder the National LaborRelations Act (Dec 2010) (E.O. 13496).

XX(39) (i)52.222-50, Combating Trafficking in Persons(Oct 2025) (22 U.S.C.

chapter 78and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of52.222-50(22 U.S.C.chapter 78and E.O. 13627).

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

__ (41) (i)52.223-9,Estimate of Percentage of RecoveredMaterial Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).(Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of52.223-9(42 U.S.C.6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (42)52.223-11,Ozone-Depleting Substances andHigh Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, etseq.).

__ (43)52.223-12, Maintenance, Service, Repair, orDisposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C.7671, et seq.).__ (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, etseq.).

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

__ (46)52.223-23, Sustainable Products and Services(May 2024) ( E.O. 14057, 7

U.S.C. 8102,42 U.S.C. 6962,42 U.S.C. 8259b, and42 U.S.C. 7671l).__ (47) (i) 52.224-3Privacy Training (Jan 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (Jan 2017) of52.224-3.

XX(48) (i)52.225-1, Buy American-Supplies (Oct 2022)(41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of52.225-1.

__ (49) (i)52.225-3,Buy American-Free Trade Agreements-IsraeliTrade Act (NOV

2023) (19 U.S.C. 3301note,19 U.S.C. 2112note,19 U.S.C. 3805note,19 U.S.C. 4001 note,19 U.S.C. chapter 29(sections 4501-4732), PublicLaw 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.__

(ii) Alternate I [Reserved].

__ (iii) Alternate II (Jan 2025) of52.225-3.

__ (iv) Alternate III (Feb 2024) of52.225-3.

__ (v) Alternate IV (Oct 2022) of52.225-3.

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

U.S.C. 3301note).

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

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

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

__ (54)52.226-5,Restrictions on Subcontracting OutsideDisaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

XX(55)52.226-8, Encouraging Contractor Policiesto Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

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

__ (57)52.232-29, Terms for Financing of Purchasesof Commercial Products and

Commercial Services (Nov 2021) (41 U.S.C. 4505,10U.S.C. 3805).

__ (58)52.232-30, Installment Payments for CommercialProducts and Commercial

Services (Nov 2021) (41 U.S.C. 4505,10 U.S.C. 3805).

XX(59)52.232-33, Payment by Electronic Funds Transfer-Systemfor Award

Management (Oct2018) (31 U.S.C. 3332).

__ (60)52.232-34, Payment by Electronic Funds Transfer-Otherthan System for

Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61)52.232-36, Payment by Third Party (May 2014)(31 U.S.C. 3332).__ (62)52.239-1,Privacy or Security Safeguards (Aug1996) (5 U.S.C. 552a).__ (63)52.240-1,Prohibition on Unmanned Aircraft SystemsManufactured or

Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

__ (64)52.242-5,Payments to Small Business Subcontractors(Jan 2017) (15 U.S.C.

637(d)(13)).

__ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305and10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of52.247-64.

__ (iii) Alternate II (Nov 2021) of52.247-64.

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

[Contracting Officer check as appropriate.]

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

chapter67).

__ (2)52.222-42,Statement of Equivalent Rates forFederal Hires (May 2014) (29 U.S.C. 206and41 U.S.C. chapter 67).

__ (3)52.222-43,Fair Labor Standards Act and ServiceContract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

__ (4)52.222-44,Fair Labor Standards Act and ServiceContract Labor Standards-Price Adjustment (May 2014) (29U.S.C.206and41 U.S.C. chapter 67).

__ (5)52.222-51,Exemption from Application of theService Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter67).

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

__ (7)52.222-55,Minimum Wages for Contractor WorkersUnder Executive Order 14026 (Jan 2022).

__ (8)52.222-62,Paid Sick Leave Under ExecutiveOrder 13706 (Jan 2022) (E.O.

13706).

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

__ (10)52.247-69, Reporting Requirement for U.S.-FlagAir Carriers Regarding

Training to Prevent Human Trafficking (Jan 2025) (49 U.S.C. 40118(g)).(d) Comptroller General Examination of Record. The Contractor shall comply with theprovisions of this paragraph (d) if this contract was awarded using other than sealed bid, isin excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date ofaward of this contract, and does not contain the clause at52.215-2,Audit andRecords-Negotiation.

(1)TheComptrollerGeneraloftheUnitedStates,oranauthorizedrepresentativeof theComptrollerGeneral,shallhaveaccesstoandrighttoexamineanyoftheContractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial…