Solicitation - FA700025Q0031_LPG_Combo.pdf

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The Request for Quotation (RFQ) number FA700025Q0031 shall be used to reference any written quote provided under this RFQ.

The RFQ document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2025-03; Effective 17 January 2025.

This acquisition is determined to be a Women-Owned Small Business Set-Aside. All responsible businesses may submit a quote, which if received timely, may be considered by the 10th Contracting Squadron, USAF Academy (USAFA). The quotes will be evaluated IAW FAR 52.212-2, found herein. Please read and comply with all requirements for submitting a quote under the solicitation instructions and the addenda to FAR 52.212-1. Failure to comply with all instructions contained within this synopsis/solicitation could result in the quote being ineligible for award. It is the quoter’s responsibility to ensure their quote meets all the requirements identified herein. The Government reserves the right to not award this contract to any offeror.

The North American Industrial Classification System (NAICS) number is 324110 – Petroleum Refineries and the size standard is 1,500 employees. The Service Code is 9140 – Fuel Oils.

The estimated period of performance (ordering period) is 1 August 2025 – 31 July 2030.

USAFA desires to establish a single Blanket Purchase Agreement (BPA) for Liquid Petroleum Gas (LPG). The BPA Ceiling will not exceed $350,000.00.

A BPA is a simplified ordering procedure as prescribed by Federal Acquisition Regulations (FAR) subpart

13.303. It is similar to a commercial “charge account.” BPAs may be established with more than one supplier of supplies for services of the same type to provide maximum practicable competition.

A BPA is issued as a bilateral, non-binding agreement. It establishes a single-call limit and maximum-dollar limit. The agreement will be signed by a Contracting Officer and an authorized representative of your company.

Orders are placed orally, or via email by authorized individuals, and are referred to as “calls” in accordance with the agreed-upon price list.

It is USAFA’s intent to use the Government-wide Purchase Card (GPC) to pay for call less than $25,000.

Attachment 1- BPA Terms and Conditions contains more information related to the establishment and conditions of the Agreement.

Description of Service:

The Contractor shall provide all equipment, to include Liquid Petroleum Gas tanks, tools, materials, transportation, personnel, labor, management, supervision, and quality control necessary to provide Liquid Petroleum Gas including all units at the United States Air Force Academy (USAFA), Farish Recreation Site (Farish), and Bullseye Auxiliary Airfield (Bullseye).

Attachment 2- SOW dated 1 may 2025 contains all performance requirements and historical workload data.

FA700025Q0031

1). FAR Provision 52.212-1, Instructions to Offerors – Commercial Product and Commercial Services (Nov 2020) applies to this acquisition and the following addendum applies:

The following words stating “offer”, “offeror”, and “proposal” are replaced with “quotation”, “vendor”, and “quote”.

Paragraph (a) first sentence revised as follows: “The NAICS code and small business size standard for this acquisition appear above.”

Paragraph (c) first sentence revised as follows: “The vendor agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the quote.”

Quotes and contract documentation shall be provided NLT 1:00 pm Mountain Daylight Time (MDT), 18 June 2025 at 10 CONS/PKA. Please submit quotes to both individuals listed below by e-mail to the attention of David Willers, Contract Specialist, david.willers@us.af.mil and Leila Bussey, Contracting Officer at, leila.bussey@us.af.mil. Email is the preferred method of communication. It is the quoter’s responsibility to complete their representations and certifications at SAM.gov for the quote to be evaluated for award.

All questions must be submitted no later than 1:00 pm Mountain Daylight Time (MDT), 5 June 2025 to both individuals listed below by email to the attention of David Willers, Contract Specialist, david.willers@us.af.mil and Leila Bussey, Contracting Officer at leila.bussey@us.af.mil.

Late submissions: Quoters are responsible for submitting quotations so as to reach the Government office designated by the time specified in the solicitation. Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and may not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.

Note: .zip files are not an acceptable format for the Air Force Network and will not go through our email system. Please provide the following information with your quote:

Company Name:

Contact Name:

Address:

Telephone Number:

Unique Entity Identifier (UEI):

Cage Code:

Statement the quote is valid for a minimum of 60 days:

Size of Business/Socio Economic Status:

*Number of Employees *Total Yearly Revenue *Information required determining size of business for the NAICS referenced above

All companies must be registered in the System for Award Management at https://www.sam.gov to be considered for award. The Government will not provide contract financing for this acquisition.

The contractor’s quote/response shall consist of one (1) part:

Part I - Price List

A. PART I – PRICE LIST

The quoter shall complete the Price List, including all items contained in Attachment 3-Price List, identifying the unit price for each line item. The quoter should not include out-year pricing. The contractor will submit a new price list annually before the BPA anniversary date.

Estimated workload data can be found in Attachment 2- SOW Appendix A and Attachment 3- Price List

C. PART III – PAST PERFORMANCE

Past performance information will also be gathered using the CAGE code or UEI number submitted with the quote. The Contract Performance Assessment Reporting System (CPARS) may be searched to evaluate past performance and information may also be pulled from the System for Award Management (SAM) on SAM.gov

IAW FAR 9.104-6.

2). FAR 52.212-2 -- Evaluation -- Commercial Products and Commercial Services (Nov 2021)

This tailored clause takes precedence over the clause incorporated by reference.

a. USAFA will establish BPAs with responsible offerors whose response, conforming to the solicitation, will be advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Part I – Price Part II- Past Performance

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether there are negotiations after its receipt or not, unless a written notice of withdrawal is received before award.

Addendum to FAR 52.212-2 -Evaluation Commercial Products and Commercial Services Nov 2021

1. Evaluation:

By submission of its quote, the offeror agrees to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to adhere to all solicitation requirements may result in an offer being determined unacceptable and ineligible for further evaluation. The evaluation process follows:

Step I – Price List Evaluation The Government will evaluate the Price List for each quote that meet the requirements of the solicitation, to determine if the quoted prices are fair and reasonable IAW FAR 13.106-3(a). Evaluation will be based on competitive quotes received, publicly available price lists, and historical pricing.

Quoters whose quoted prices are not found to be fair and reasonable IAW FAR13.106-3(a) will not be considered for award.

Step II – Past Performance Evaluation

Next, the Government will evaluate the lowest quoted prices are found to be fair and reasonable for past performance with information gathered via the vendor’s CAGE and/or UEI. The Contract Performance Assessment Reporting System (CPARS) may be searched to evaluate past performance, and information may be pulled from the System for Award Management (SAM), IAW FAR 9.104-6. In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available on CPARS.gov, or SAM.gov or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter shall be determined to have unknown (or "neutral") past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered "acceptable".

For the Government to have a reasonable expectation that the offeror will successfully perform the required effort, the offeror must not be debarred, suspended or otherwise determined to be ineligible to receive an award (ie. the offeror does not have derogatory information in www.sam.gov; nor has a CPARS rating below satisfactory for any contracts). If the offeror is debarred, suspended, or otherwise determined to be ineligible to receive an award (ie. the offeror does have derogatory information in www.sam.gov; or has a CPARS rating below satisfactory for any rated category, then the Government would not have a reasonable expectation that the offeror will successfully perform the required effort.

In conducting the Past Performance evaluation, the Government reserves the right to use information obtained from other sources available to the Government, to include, but not limited to Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases; the Defense Contract Audit Agency (DCAA);

the Defense Contract Management Agency (DCMA); and interviews with Program Managers, Contracting Officers, and contacts included in the quoter’s provided documentation.

Table A-2. Past Performance Evaluation Ratings Rating Description

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform.

DFARS Clauses Incorporated by Reference

Number Title

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

Effective

Date

Dec2018

Alternate/

Deviation

FA700025Q0031

Variation

Effective

Date

Special Contract Requirements

Contract Clauses

ADDENDUMTO FAR 52.212-4

FA700025Q0031

Text in paragraph ( c) is deleted and replaced with the following: Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43. 103 (b)).

(End of Addendum)

ADDENDUMTO AFFARS 5352.242-9000

In the performance of this contract, or lease agreement, all contractors, sub-contractors, non-Federal entities, or recipients, shall promptly report pertinent facts regarding mishaps involving reportable damage or injury to government personnel or government property damage coincident to work performed as part of the Statement of Work, that occurs on or off of an Air Force installation, in accordance with para 2.14, DAFl91-204, Safety Investigations& Reports. "PrompUy report pertinent facts regarding mishaps involving reportable damage or injury to the DAF and to cooperate in accordance with this instruction, in any DAF investigation.

(T-1) Cooperation will include toxicology testing. (T-1) For additional guidance on contracts see AFI91-202." (AFI 91-202, The US Air Force Mishap Prevention Program).

(End of Addendum)

FAR Clauses Incorporated by Reference

Number

52.203-3 52.203-19 52.204-9 52.204-13 52.204-18 52.204-19 52.204-21

52.204-23

52.204-25

52.209-10 52.212-4 52.217-2 52.223-5 52.228-5 52.232-37 52.232-39 52.233-3 52.237-2 52.244-6

Title

Gratuities.

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

Personal Identity Verification of Contractor Personnel.

System for Award Management Maintenance.

Commercial and Government Entity Code Maintenance.

Incorporation by Reference of Representations and Certifications.

Basic Safeguarding of Covered Contractor Information Systems.

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Prohibition on Contracting with Inverted Domestic Corporations.

Contract Terms and Conditions-Commercial Products and Commercial Services.

Cancellation Under Multi-year Contracts.

Pollution Prevention and Right-to-Know Information.

Insurance-Work on a Government Installation.

Multiple Payment Arrangements.

Unenforceability of Unauthorized Obligations.

Protest after Award.

Protection of Government Buildings, Equipment, and Vegetation.

Subcontracts for Commercial Products and Commercial Services.

DFARS Clauses Incorporated by Reference

Number

252.203-7000 252.203-7002 252.204-7003 252.204-7004 252.204-7012 252.204-7015 252.204-7018

252.209-7004

252.223-7006 252.223-7008 252.225-7001 252.225-7001 252.225-7002 252.225-7012 252.225-7048 252.225-7056

Title

Requirements Relating to Compensation of Former DoD Officials.

Requirement to Inform Employees of Whistleblower Rights.

Control of Government Personnel Work Product.

Antiterrorism Awareness Training for Contractors.

Safeguarding Covered Defense Information and Cyber Incident Reporting.

Notice of Authorized Disclosure of Information for Litigation Support.

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

Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

Prohibition of Hexavalent Chromium.

Buy American and Balance of Payments Program.

Buy American and Balance of Payments Program. (Alternate I) Qualifying Country Sources as Subcontractors.

Preference for Certain Domestic Commodities.

Export-Controlled Items.

Prohibition Regarding Business Operations with the Maduro Regime.

Effective

Date

Apr 1984 Jan 2017 Jan 2011 Oct 2018 Aug 2020 Dec 2014 Nov 2021

Dec 2023

Nov 2021

Nov 2015 Nov 2023 Oct 1997 May 2024 Jan 1997 May 1999 Jun 2013 Aug 1996 Apr 1984 Jan 2025

Effective

Date

Sep 2011 Dec 2022 Apr 1992 Jan 2023 May 2024 Jan 2023 Jan 2023

May 2019

Sep 2014 Jan 2023 Feb 2024 Feb 2024 Mar 2022 Apr 2022 Jun 2013 Jan 2023

Alternate/

Deviation

Alternate/

Deviation

Alternate I

Variation

Effective

Date

Variation

Effective

Date

Feb 2024

252.225 -70 60 252.232-7010 252.232-7011 252.237-7010 252.243-70 02 252.244-70 0 0

252.24 7-7023 252.247-7023

Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

Levies on Contract Payments.

Payments in Support of Emergencies and Contingency Operations.

Prohibition on Interrogation of Detainees by Contractor Personnel.

Requests for Equitable Adjustment.

Subcontracts for Commercial Products or Commercial Services.

Transportation of Supplies by Sea.

Transportation of Supplies by Sea. (Alternate I)

FAR Clauses Incorporated by Full Text

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

I)

Jun 2023 Dec20 0 6 May20 13 Jan 2023 Dec2022 Nov 2023 Oct2024 Oct2024

(Nov 2023)

Alternate I

Alternate I

FA700025Q0031

Oct2024

(Nov 2021)

Alternate I (Nov 2021). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (I), and (m) for those in the basic clause.

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

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

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

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

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

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

(B) Terminate this contract for cause.

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

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

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

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

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

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

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

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

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

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

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

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

(iii) "Materials" means-

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

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

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

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

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

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

(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 (0)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

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

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

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

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

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

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

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

(2) 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: __ [lnsert a fixed amount for the indirect costs and payment schedule. Insert "$0" if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert 'None')."]

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

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

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

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

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

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

(B) The Contractor's timekeeping procedures;

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

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

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

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

(B) Any documents supporting payment of those invoices.

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

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

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

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

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

(D) Contractor point of contact.

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

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Jan 2025)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (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 Certain Telecommunications 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 Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 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 Contract Claim {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:

[Contracting Officer check as appropriate.]

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

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

[] (3) 52.203-15, Whistleblower Protections under the 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 Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FA R 3.900(a).

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

I I (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 Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

[X] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115-390, title 11).

I I (11)

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

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

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

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

I I (14) [Reserved].

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

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

I I (17) [Reserved]

[X] (18)

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

[] (ii) Alternate I (Mar 2020) of 52.219-6.

I I (19)

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

[] (ii) Alternate I (Mar 2020) of 52.219-7.

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

I I (21)

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

[] (ii) Alternate I (Nov 2016) of 52.219-9.

[] (iii) Alternate II (Nov 2016) of 52.219-9.

[] (iv) Alternate Ill (Jun 2020) of 52.219-9.

[] (v) Alternate IV (Jan 2025) of 52.219-9.

I I (22)

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

[] (ii) Alternate I (Mar 2020) of 52.219-13.

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

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

FA700025Q0031

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

I I (26)

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

[] (ii) Alternate I (Mar 2020) of 52.219-28.

[] (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award 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-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

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

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

[X] (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

[X] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2025)(E.O. 13126).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[X] (34)

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

[ I (ii) Alternate I (Feb 1999) of 52.222-26.

[X] (35)

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

[] (ii) Alternate I (Jul 2014) of 52.222-35.

[X] (36)

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

[] (ii) Alternate I (Jul 2014) of 52.222-36.

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

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

[X] (39)

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

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

FA700025Q0031

[X] (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.)

[X](41)

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

[] (ii) Alternate I (May 2008) of 52.223-9 (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 and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, et seq.).

[] (43) 52.223-12, Maintenance, Service, Repair, or Disposal 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, et seq.).

[] (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, and 42 U.S.C. 76711).

[] (47)

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

[] (ii) Alternate I (Jan 2017) of 52.224-3.

[] (48)

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

[ ] (ii) Alternate I (Oct 2022) of 52.225-1.

[] (49)

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

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

[ ] (ii) Alternate I [Reserved].

[] (iii) Alternate II (Jan 2025) of 52.225-3.

[] (iv) Alternate Ill (Feb 2024) of 52.225-3.

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

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

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (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 Private Security 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 Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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

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

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

FA700025Q0031

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

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

[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

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

[X] (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

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

[] (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured 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)).

I I (65)

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

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (Nov 2021) of 52.247-64.

(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…