Sol_89233126QNA000465.pdf
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- Solicitation number
- 89233126QNA000465
About this file
This is a Request for Quotation (RFQ) issued by the Department of Energy's National Nuclear Security Administration (NNSA) for National Environmental Policy Act (NEPA) Site Wide Environmental Assessment (SWEA) Continued Support at Sandia National Laboratories (SNL) California facilities. The RFQ number is 89233126QNA000465, issued April 15, 2026, with quotations due April 27, 2026 at 2:00 PM Mountain Time. The contract is a hybrid firm-fixed-price (FFP) arrangement for labor CLINs combined with time-and-materials (T&M) pricing for travel and other direct costs (ODCs).
The contract requires comprehensive NEPA compliance support services including all necessary personnel, administrative, financial, and managerial resources to maintain the SWEA for SNL California's continued operations. The base period runs June 1, 2026 through May 31, 2027, with one six-month option period (June 1, 2027 through November 30, 2027). The statement of work references three attachments: the Final SWEA from 2003, a 2012 Supplemental Analysis, and a boundary map. Travel and ODCs are capped at $16,000 for the base year and $9,000 for the option period. The contract is unrestricted with a NAICS code of 541620 (Environmental Consulting Services) and a small business size standard of $19 million. Prospective offerors must submit a Worker Safety and Health Program compliant with 10 CFR 851, audited financial statements, and cost proposals with supporting narratives demonstrating cost reasonableness. Questions must be submitted by April 22, 2026 to the contract specialists identified in the solicitation.
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Department of Energy National Nuclear Security Administration
Partnership and Acquisition Services Post Office Box 5400 Albuquerque, NM 87185
April 15, 2026
TO: Prospective Offerors
FROM: Contracting Officer, NNSA Office Of Partnership and Acquisition Services
(NA-PAS)
SUBJECT: Request for Quotation No. 89233126QNA000465 the United States (U.S.)
Department of Energy (DOE), National Nuclear Security Administration (NNSA) Contracting Operations Division is hereby issuing the attached Request for Quotation (RFQ) for National Environmental Policy Act (NEPA) Site Wide Environmental Assessment (SWEA) Continued Support at Sandia Field Office, California facilities for DOE/NNSA Sandia Field Office (NA-SN)
To assist in preparing your quotation, enclosed for your review are the following nine (9) essential documents attached to the subject RFQ:
1. Attachment 1 Statement of Work (SOW)
2. Attachment 1-A SNL CA SWEA Boundary Map
3. Attachment 1-B SNL CA Final SWEA 2003
4. Attachment 1-C SNL CA Supplemental Analysis 2012
5. Attachment 2 Reporting Requirements Checklist (RRC)
6. Attachment 3 Wage Determination (WD) – Vendor Shall Provide
7. Attachment L-1 RFQ Instructions
8. Attachment L-2 Task Order Price Quote Spreadsheet
9. Attachment M-1 Evaluation Factors
We encourage you to direct any questions concerning this requirement to both Tamra Barela and Carla Armstrong via email at tamra.barela@nnsa.doe.gov and carla.armstrong@nnsa.doe.gov no later than 14:00 Mountain Time on April 22, 2026. Please see attachment L-1, section 2.0 for more information regarding questions.
TAMRA BARELA
Contracting Officer
SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
05251
See Schedule
05001 CODE 16. ADMINISTERED BYCODE
X
X
None
541620
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED OR05001
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
04/27/2026 1400 MT
04/15/2026
7069453271Carla Armstrong (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
89233126QNA000465
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 59 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
See Schedule
15. DELIVER TO
Albuquerque NM 87185-5400 P.O. Box 5400 Albuquerque Complex
NA-PAS-31
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$19
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
X
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
NNSA Contracting Op Div
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
ADMINISTERED BY:
NNSA Field Services Acq Branch
NA-PAS-313
Albuquerque Complex P.O. Box 5400 Albuquerque NM 87185-5400
DELIVER TO:
NNSA Contracting Op Div
NA-PAS-31
Albuquerque Complex Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
Tamra L. Barela 04/15/2026
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
P.O. Box 5400
Albuquerque NM 87185-5400 USA
Proof of insurance will be required to be shown should an incident occur.
Period of Performance: 06/01/2026 to 05/31/2027
00001 00001 BASE PERIOD (Year I): CLIN 00001 Labor -
The Contractor shall provide all personnel and services and otherwise do all things necessary for, or incident to, the performance and providing Site-Wide Environmental Assessment
(SWEA) to ensure National Environmental Policy
Act (NEPA) compliance for ongoing services to include all necessary personnel, administrative, financial, and managerial resources in accordance with Section J, Attachment 1 Statement of Work entitled "Site-Wide Environmental Assessment
(SWEA) for Continued Operation of Sandia National
Laboratories (SNL), California (CA) for the
Department of Energy (DOE), National Nuclear
Security Administration (NNSA), Sandia Field
Office (NA-SN)" dated February 18, 2026 located under Section J. Federal, state, and local taxes are included in the full burdened labor rates and are billable under this CLIN.
Delivery: 05/31/2027
00002 00002 BASE PERIOD (Year I): CLIN 00002
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
59 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 59
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
89233126QNA000465
Travel/ODCs
Travel is baselined at a not-to-exceed (NTE) amount as listed in Attachment L-2 entitled "Task
Order Price Quote" spreadsheet for this period of performance. This CLIN includes travel as indicated within the Statement of Work. The
Contractor shall be reimbursed for actual and reasonable allowable direct costs up to the NTE amount per year. The Federal Travel Regulations
(FTR) will apply to all travel costs in order to determine allowability. Direct costs are reimbursed on actual expenses incurred. The
Contractor shall not exceed the levels for estimated travel as set forth in this CLIN, without prior approval from the Contracting
Officer (CO) and Contracting Officer
Representative (COR). Documentation for actual travel costs will be invoiced with receipts for all transportation associated with this effort.
All requests for travel shall be approved by the
COR in writing prior to incurrence. Documentation for travel, including a copy for approval, must be submitted when invoicing travel costs. The
Contractor shall not incur expenses for travel greater than the funded amount under this CLIN unless a modification has been issued to add funding, or the CO has provided written approval.
Other Direct Costs (ODCs) are baselined at a not-to-exceed (NTE) amount as listed in
Attachment L-2 entitled "Task Order Price Quote" spreadsheet for this period of performance. The
Contractor shall be reimbursed for actual and reasonable allowable costs up to the NTE amount per year. The Contractor shall not exceed the levels for estimated ODCs as set forth in this
CLIN, without prior approval from the Contracting
Officer (CO) and Contracting Officer
Representative (COR). Documentation for actual
ODC's will be invoiced with receipts for all other direct costs associated with this effort.
All requests for ODC's shall be approved by the
COR in writing prior to incurrence. The
Contractor shall not incur expenses for other direct costs greater than the funded amount under this CLIN unless a modification has been issued
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
4 59
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
89233126QNA000465
to add funding, or the CO has provided written approval.
The Contractor shall notify the CO in writing when funds in the amount of 85% of those available under the Travel and ODCs CLIN have been expended.
ODC and Travel are non-fee/profit bearing items, and no indirect costs are allowed.
NTE amount for Travel and ODCs is $16,000.00.
Delivery: 05/31/2027
01001 01001 OPTION PERIOD I (6 Months): CLIN 01001
Labor - The Contractor shall provide all personnel and services and otherwise do all things necessary for, or incident to, the performance and providing Site-Wide Environmental
Assessment (SWEA) to ensure National
Environmental Policy Act (NEPA) compliance for ongoing services to include all necessary personnel, administrative, financial, and managerial resources in accordance with Section
J, Attachment 1 Statement of Work entitled
"Site-Wide Environmental Assessment (SWEA) for
Continued Operation of Sandia National
Laboratories (SNL), California (CA) for the
Department of Energy (DOE), National Nuclear
Security Administration (NNSA), Sandia Field
Office (NA-SN)" dated February 18, 2026 located under Section J. Federal, state, and local taxes are included in the full burdened labor rates and are billable under this CLIN.
(Option Line Item)
Delivery: 11/30/2027
Period of Performance: 06/01/2027 to 11/30/2027
01002 01002 OPTION PERIOD I (6 Months): CLIN 01002
Travel/ODCs
Travel is baselined at a not-to-exceed (NTE) amount as listed in Attachment L-2 entitled "Task
Order Price Quote" spreadsheet for this period of performance. This CLIN includes travel as
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
5 59
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
89233126QNA000465
indicated within the Statement of Work. The
Contractor shall be reimbursed for actual and reasonable allowable direct costs up to the NTE amount per year. The Federal Travel Regulations
(FTR) will apply to all travel costs in order to determine allowability. Direct costs are reimbursed on actual expenses incurred. The
Contractor shall not exceed the levels for estimated travel as set forth in this CLIN, without prior approval from the Contracting
Officer (CO) and Contracting Officer
Representative (COR). Documentation for actual travel costs will be invoiced with receipts for all transportation associated with this effort.
All requests for travel shall be approved by the
COR in writing prior to incurrence. Documentation for travel, including a copy for approval, must be submitted when invoicing travel costs. The
Contractor shall not incur expenses for travel greater than the funded amount under this CLIN unless a modification has been issued to add funding, or the CO has provided written approval.
Other Direct Costs (ODCs) are baselined at a not-to-exceed (NTE) amount as listed in
Attachment L-2 entitled "Task Order Price Quote" spreadsheet for this period of performance. The
Contractor shall be reimbursed for actual and reasonable allowable costs up to the NTE amount per year. The Contractor shall not exceed the levels for estimated ODCs as set forth in this
CLIN, without prior approval from the Contracting
Officer (CO) and Contracting Officer
Representative (COR).
Documentation for actual ODC's will be invoiced with receipts for all other direct costs associated with this effort. All requests for
ODC's shall be approved by the COR in writing prior to incurrence. The Contractor shall not incur expenses for other direct costs greater than the funded amount under this CLIN unless a modification has been issued to add funding, or the CO has provided written approval.
The Contractor shall notify the CO in writing when funds in the amount of 85% of those
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
6 59
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
89233126QNA000465
available under the Travel and ODCs CLIN have been expended.
ODC and Travel are non-fee/profit bearing items, and no indirect costs are allowed.
NTE amount for Travel and ODCs is $9,000.00.
(Option Line Item)
Delivery: 11/30/2027
Period of Performance: 06/01/2027 to 11/30/2027
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Section A - Solicitation/Contract Form
952.204-75 PUBLIC AFFAIRS. (DEC 2000)
952.208-70 PRINTING. (APR 1984)
952.225-71 COMPLIANCE WITH EXPORT CONTROL LAWS AND REGULATIONS (EXPORT
CLAUSE) (NOV 2015)
970.5232-4 OBLIGATION OF FUNDS. (DEC 2000)
6.9 BILLING INSTRUCTIONS (JAN 2017)
52.203 RESERVED
52.212-4 TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.
(NOV 2023) (DEVIATION NOV 2025)
52.212-4 TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.
(NOV 2023) (DEVIATION NOV 2025) - ALTERNATE I (NOV 2021) (DEVIATION NOV 2025)
Section B - Supplies or Services/Prices
NNS-B-1002 CONTRACT TYPE: FIRM-FIXED-PRICE
DOE-B-2006 FIRM-FIXED-PRICE CONTRACT (OCT 2014)
DOE-B-2012 SUPPLIES/SERVICES BEING PROCURED/DELIVERY REQUIREMENTS (OCT 2014)..24
Section C - Description/Specifications
DOE-C-2002 PERFORMANCE WORK STATEMENT (OCT 2014)
DOE-C-2003 REPORTS (OCT 2014)
Section D - Packaging and Marking Section E - Inspection and Acceptance
DOE-E-2001 INSPECTION AND ACCEPTANCE (OCT 2014)
52.246-4 INSPECTION OF SERVICES - FIXED-PRICE. (AUG 1996)
52.246-6 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR. (MAY 2001)
Section F - Deliveries or Performance Section G - Contract Administration Data
DOE-G-2001 CONTRACTING OFFICER AUTHORITY (OCT 2014)
DOE-G-2002 CONTRACTING OFFICER'S REPRESENTATIVE (OCT 2014)
DOE-G-2003 CONTRACTOR'S PROGRAM MANAGER (OCT 2014)
DOE-G-2004 CONTRACT ADMINISTRATION (OCT 2014)
DOE-G-2005 BILLING INSTRUCTIONS (APR 2020)
DOE-G-2007 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING (NOV 2021)
DOE-G-2008 NON-SUPERVISION OF CONTRACTOR EMPLOYEES (OCT 2014)
Section H - Special Contract Requirements
NNS-H-1003 ACCESS TO DOE-OWNED OR LEASED FACILITIES
NNS-H-1013 IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR
INFORMATION (UCNI)
NNS-H-1019 WORKER SAFETY AND HEALTH PROGRAM IN ACCORDANCE WITH 10 CFR 851 ..31
NNS-H-2001 CONTRACTOR EMPLOYEE AND WORK PRODUCT IDENTIFICATION (MAR 2016) ..31
DOE-H-2047 FEDERAL HOLIDAYS AND OTHER CLOSURES (JUL 2021)
DOE-H-2047 FEDERAL HOLIDAYS AND OTHER CLOSURES (JUL 2021) – ALTERNATE I
DOE-H-2057 DEPARTMENT OF LABOR WAGE DETERMINATIONS (OCT 2014)
DOE-H-2062 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (OCT 2014) 35
DOE-H-2064 USE OF INFORMATION TECHNOLOGY EQUIPMENT, SOFTWARE, AND THIRD
PARTY SERVICES (OCT 2014)
DOE-H-2064 USE OF INFORMATION TECHNOLOGY EQUIPMENT, SOFTWARE, AND THIRD
PARTY SERVICES (OCT 2014) - ALTERNATE I (OCT 2014)
DOE-H-2065 REPORTING OF FRAUD, WASTE, ABUSE, CORRUPTION, OR MISMANAGEMENT
(OCT 2014)
DOE-H-2071 DEPARTMENT OF ENERGY DIRECTIVES (OCT 2014)
DOE-H-2076 LOBBYING RESTRICTIONS (NOV 2018)
DOE-H-2080 WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES (APR 2018)
Section I - Contract Clauses
952.242-70 TECHNICAL DIRECTION. (DEC 2000)
52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS.
(JUN 2020)
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. (NOV 2021)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS. (NOV 2023)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS. (JAN 2017)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL. (JAN 2011)
52.204-13 SYSTEM FOR AWARD MANAGEMENT-MAINTENANCE. (OCT 2018) (DEVIATION NOV
2025)
52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS. (OCT 2016) (DEVIATION NOV
2025)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS.
(DEC 2014)
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY
EXCLUDED. (JAN 2025) (DEVIATION NOV 2025)
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY
MATTERS. (OCT 2018) (DEVIATION NOV 2025)
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS.
(NOV 2015) (DEVIATION NOV 2025)
52.215-8 ORDER OF PRECEDENCE-UNIFORM CONTRACT FORMAT. (OCT 1997) (DEVIATION
JAN 2026)
52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)
52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (JAN 2025)
(DEVIATION DEC 2025)
52.222-3 CONVICT LABOR. (JUN 2003)
52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (JUN 2020) (DEVIATION JAN 2026)
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES. (JUN 2020) (DEVIATION
JAN 2026)
52.222-37 EMPLOYMENT REPORTS ON VETERANS. (JUN 2020) (DEVIATION JAN 2026)
52.222-41 SERVICE CONTRACT LABOR STANDARDS. (AUG 2018)
52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS-
PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS). (AUG 2018)
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (JAN 2025) (DEVIATION JAN 2026)
52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026.
(JAN 2022)
52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706. (JAN 2022)
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION. (MAY 2024)
52.226-7 DRUG-FREE WORKPLACE. (MAY 2024)
52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING.
(MAY 2024)
52.228-7 INSURANCE - LIABILITY TO THIRD PERSONS. (MAR 1996)
52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS. (FEB 2021)
52.232-1 PAYMENTS. (APR 1984)
52.232-3 PAYMENTS UNDER PERSONAL SERVICES CONTRACTS. (APR 1984) (DEVIATION JAN
2026)
52.232-8 DISCOUNTS FOR PROMPT PAYMENT. (FEB 2002)
52.232-17 INTEREST. (MAY 2014)
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD
MANAGEMENT. (OCT 2018)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS.
(MAR 2023)
52.233-1 DISPUTES. (MAY 2014) (DEVIATION NOV 2025)
52.233-1 DISPUTES. (MAY 2014) (DEVIATION NOV 2025) - ALTERNATE I (DEC 1991) (DEVIATION
NOV 2025)
52.233-3 PROTEST AFTER AWARD. (AUG 1996) (DEVIATION NOV 2025)
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004) (DEVIATION NOV
2025)
52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION. (APR
1984)
52.242-3 PENALTIES FOR UNALLOWABLE COSTS. (DEC 2022) (DEVIATION DEC 2025)
52.242-13 BANKRUPTCY. (JUL 1995)
52.243-1 CHANGES-FIXED-PRICE. (AUG 1987) (DEVIATION JUL 2025)
52.243-2 CHANGES-COST-REIMBURSEMENT. (AUG 1987) (DEVIATION JUL 2025)
52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (OCT
2025) (DEVIATION NOV 2025)
52.246-25 LIMITATION OF LIABILITY - SERVICES. (FEB 1997)
52.249-14 EXCUSABLE DELAYS. (APR 1984)
52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)
Section J - List of Documents, Exhibits and Other Attachments Section K - Representations, Certifications, and Other Statements of Bidders
NNS-K-1003 CERTIFICATION REGARDING A FELONY CONVICTION UNDER ANY FEDERAL
LAW OR AN UNPAID FEDERAL TAX LIABILITY (FOR FY 2014 AND SUBSEQUENT YEARS)
52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
CERTAIN FEDERAL TRANSACTIONS. (SEP 2024)
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION. (JAN 2017)
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-
REPRESENTATION. (NOV 2015) (DEVIATION NOV 2025)
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS. (AUG 2020) (DEVIATION
NOV 2025)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (OCT 2018) (DEVIATION
NOV 2025)
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY
OR A FELONY CONVICTION UNDER ANY FEDERAL LAW. (FEB 2016) (DEVIATION NOV 2025) 49
Section L - Instructions,Conditions, and Notices to Bidders
52.216-1 TYPE OF CONTRACT. (APR 1984)
952.219-70 DOE MENTOR-PROTEGE PROGRAM. (MAY 2000)
952.233-2 SERVICE OF PROTEST. (DEC 2024)
NNS-L-1005 MINIMAL OTHER THAN COST OR PRICING DATA
NNS-L-1010 WORKER SAFETY AND HEALTH PROGRAM INSTRUCTIONS - ACTIVITY I -
HAZARDOUS WORK
NNS-L-1011 WORKER SAFETY AND HEALTH PROGRAM INSTRUCTIONS - ACTIVITY II -
ADMINISTRATIVE WORK
NNS-L-2002 SECTION L PROVISION(S) BY ATTACHMENT(S) (AUG 2016)
52.204-7 SYSTEM FOR AWARD MANAGEMENT-REGISTRATION. (NOV 2024) (DEVIATION NOV
2025)
52.233-2 SERVICE OF PROTEST. (SEP 2006) (DEVIATION NOV 2025)
52.237-1 SITE VISIT. (APR 1984)
52.237-10 IDENTIFICATION OF UNCOMPENSATED OVERTIME. (MAR 2015)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)
Section M - Evaluation Factors for Award
52.217-5 EVALUATION OF OPTIONS. (JUL 1990) (DEVIATION NOV 2025)
Section A - Solicitation/Contract Form
952.204-75 PUBLIC AFFAIRS. (DEC 2000)
952.208-70 PRINTING. (APR 1984)
952.225-71 COMPLIANCE WITH EXPORT CONTROL LAWS AND REGULATIONS (EXPORT
CLAUSE) (NOV 2015)
970.5232-4 OBLIGATION OF FUNDS. (DEC 2000)
6.9 BILLING INSTRUCTIONS (JAN 2017)
Clause Text: (no character limitations)
Contractors shall use Standard Form 1034, Public Voucher for Purchases and Services other than personal, when requesting payment for work performed under Calls. Payment under Call awards shall be made to the Contractor/CTA team member awarded the Call.
All invoices shall be submitted electronically through the NNSA Oak Ridge Financial Service Center's (ORFSC) Vendor Inquiry Payment Electronic Reporting System (VIPERS). VIPERS allows Contractors to check the payment status of any invoice submitted to DOE. To obtain access to and use VIPERS, please visit the webpage at https://vipers.doe.gov. Detailed instructions on how to enroll and use the system are provided on the webpage.
(a) All invoices shall be submitted by the Call Lead via VIPERS and shall contain the data elements indicated below on each invoice :
(1) BPA Number; GSA FSS Contract Number; Call Number; and Project Title;
(2) Contractor Name;
(3) Date of Invoice;
(4) Invoice number (invoices shall be sequentially number per Call);
(5) Total amount of invoice by Contract Line Item Number (CLIN);
(6) Cumulative amount invoiced by CLIN;
(7) Total Amount of invoice;
(8) Period covered or items delivered; and
(9) Cumulative amount invoiced to date:
(b) Invoicing procedures for FFP CLINs will be determined at the Call level. Invoicing procedures may require billing by deliverable or by a fixed monthly rate.
(c) The following applies to submission of invoices for payment of Direct Labor Hours for T&M & LH CLINs:
The Call Lead may invoice monthly on the basis of cost incurred for T&M Direct Labor Hours CLINs. The invoice shall include the period of performance covered by the invoice and the CLIN number and name. In addition, the Call Lead shall provide the following detailed information for each invoice submitted, as applicable. Spreadsheet submissions are required:
• Employee name (current and past employees)
• Employee company labor category/discipline
• Monthly and total hours worked
• Billing rate
• Summary of deliverables, tasks, and work performed by each individual
• Time sheets
(d) Invoice for Travel and Material Costs
(1) Travel
The Call Lead may invoice monthly for cost incurred for travel in accordance with the JTR/FTR. The invoice shall include the period of performance covered by the invoice, the CLIN number and title and the Call number.
Separate worksheets, in MS Office Suite or PDF format, shall be submitted for travel.
CLIN/Call Total Travel: This will identify current and cumulative travel on the project and the total costs billed.
The listing shall include separate columns and totals for the current invoice period and the project to date:
• Travel Authorization Request identifier, approver name and approval date
• Current invoice period
• Names of travelers
• Number of travel days
• Dates of travel
• Number of days per diem charged
• Per diem rate used
• Total per diem charged
• Transportation costs (rental car, air fare, etc.)
• Total charges
• Explanation of variances exceeding 10% of the approved versus actual costs
• Other supporting documentation (such as receipts)
(2) Material Costs
The Call Lead may invoice monthly on the basis of cost incurred for the Material Costs CLIN. The invoice shall include the period of performance covered by the invoice, the CLIN number and title and the Call number. In addition, the Call Lead shall provide the following detailed information for each invoice submitted, as applicable. Separate worksheets, in MS Excel format, are required.
• Material Costs purchased
• Date delivery accepted by the Government
• Associated CLIN
• Project to date totals by CLIN
• Cost incurred not billed
• Remaining balance of each CLIN
• Other supporting documentation (such as receipts)
(e) Invoice for Subcontractor Labor
Subcontractor Labor shall be mapped through the Call Lead's GSA Schedule rates and labor categories.
The Call Lead may invoice monthly for costs incurred for its Subcontractor Labor under its Labor CLIN. The invoice shall include the period of performance covered by the invoice and the CLIN number and name. In addition, the Call Lead shall provide the following detailed information for each invoice submitted, as applicable. Spreadsheet submissions are required:
• Employee name (current and past employees)
• Employee company labor category/discipline
• Monthly and total hours worked
• Billing rate
• Summary of deliverables, tasks, and work performed by each individual
• Time sheets
(End of T&C)
52.203 RESERVED.
52.212-4 TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES. (NOV 2023) (DEVIATION NOV 2025)
52.212-4 TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES. (NOV 2023) (DEVIATION NOV 2025) - ALTERNATE I (NOV 2021) (DEVIATION NOV 2025)
(a) The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference. As used in this clause-
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.
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-
(1) Performed by the contractor;
(2) Performed by the subcontractors; or
(3) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.
Materials means-
(1) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;
(2) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;
(3) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);
(4) The following subcontracts for services which are specifically excluded from the hourly rate:
n/a; and
(5) Indirect costs specifically provided for in this clause.
Subcontract means any contract, as defined in FAR 2.101, 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.
(b) Inspection/Acceptance.
(1) The Government has the right to inspect and test all materials furnished and services performed under this contract at all places and times before acceptance. 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 (b)(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. n/a
(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 (b)(4) and (5) of this clause, 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.
(c) 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.
(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(e) 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 FAR
52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(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.
Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall-
(1) Notify the Contracting Officer in writing as soon as possible;
(2) Remedy the delay as quickly as possible; and
(3) Notify the Contracting Officer when the occurrence is over.
(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C.
3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).
(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 contract.
(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.
(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 contract.
(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) 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 expenses, office supplies, printing service fees, postage and shipping fees.
(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. The total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule. 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 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 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 will pay any such increases within 30 days, 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) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six-month period as established by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) The Contracting Officer will issue a final decision 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.
(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 part 32 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) 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) 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 under this contract and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon written request, with adequate assurances of future performance.
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