Solicitation - M0068126Q0040.pdf
PDF 2 MB Posted
- Attached to
- Utility Vehicles Leasing MAWTS 1 Federal contract opportunity
- Solicitation number
- M0068126Q0040
- Issued by
- United States Marine Corps
About this file
This is a Request for Quote (RFQ) for Flight Line Utility Vehicle (FLUV) leasing services in support of Marine Aviation Weapons and Tactics Squadron One (MAWTS-1) at Marine Corps Air Station Yuma, Arizona. The solicitation number is M0068126Q0040, issued on March 6, 2026, with quotes due by March 10, 2026 at 1:00 PM PT. The contract is a firm-fixed-price acquisition set aside for Women-Owned Small Businesses (WOSB), with a size standard of USD 47,000,000. The period of performance extends from March 9, 2026 through April 6, 2026 for 54 days of service.
The contractor must provide 15 Flight Line Utility Vehicles equipped with four-person seating capacity, minimum 12 cubic foot cargo beds with 800-pound capacity, minimum 4.9-inch ground clearance, maximum 20 MPH speed capability, LED headlights and brake lights, automatic parking brakes, maximum dimensions of 77 inches tall by 50 inches wide, and foldable windshields. The contractor is responsible for all delivery, maintenance, inspections, repairs, recovery services (24/7 availability), preventive maintenance, and corrective maintenance in accordance with Original Equipment Manufacturer standards. Equipment must be delivered fully operational and fueled to MCAS Yuma. The contractor must maintain liability insurance including workers' compensation ($100,000 minimum), comprehensive general liability ($500,000 per occurrence), and comprehensive automobile liability ($200,000 per person/$500,000 per accident). Evaluation will be conducted using a Lowest Price Technically Acceptable (LPTA) methodology, with award based on acceptable technical capability, past performance, fair and reasonable pricing, and contractor responsibility determination. Quoters should submit three volumes: Volume I (Price Quote), Volume II (Technical Proposal with Technical Approach and Quality Control Plan), and Volume III (Past Performance referencing up to three recent and relevant contracts).
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Text version
WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH
AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND
ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED
29. AWARD OF CONTRACT: REFERENCE OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
Solicitation/Contract Form Continuation
MAWTS Utility Vehicles WTI 2-26
Product Service Code: W023
M0068126Q0040
Continuation of Supplies or Services and Prices/Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
0001 UTILITY VEHICLE RENTAL WTI 2-26 IAW PWS
Pricing Arrangement: Firm Fixed Price
1 Each
Continuation of Description
Performance Work Statement
Marine Aviation Weapons and Tactics Squadron One
Flight Line Utility Vehicle Leasing
1. Background
1.1 After supporting multiple WTI Courses with utility vehicles, it was deemed a critical enabler for the flight phase of the course.
Specifically, utility vehicles with seating and utility beds to aid in flightline ground transportation on a time-sensitive basis in direct support of operations.
This is a Firm-Fixed-Price, contract for 54 days to supply flight line utility vehicle (FLUV) leasing services in direct support of the Marine Aviation Weapons and Tactics Squadron One, Marine Air Ground Task Force Training Command (MAGTFTC) aboard Marine Corps Air Station Yuma, AZ. The contractor will provide 15 FLUV to qualified U.S. Government operators. Leased equipment will be operated at a maximum level of 12 hours per day. All FLUV shall be safe and fully operational.
2. Specific Considerations
2.1 Contractor will deliver 15 FLUV for use aboard MCAS Yuma for 54 days of use for the spring WTI Course from 8 March 2026 - 30 April 2026.
2.1.1. 15 FLUV will be equipped with the following:
2.1.1.1. Seating capacity for four individuals
2.1.1.2. Minimum 12 cubic foot cargo bed, 800 lb capacity
2.1.1.3. Minimum Ground clearance of 4.9 inches
2.1.1.4. Maximum speed not to exceed (NTE) 20 MPH
2.1.1.5. LED Headlights and Brake lights
2.1.1.6. Automatic Parking Brake
2.1.1.7. NTE 77 inches tall, 50 inches wide
2.1.1.8. Foldable Windshield
3. Contractor Requirements
The contractor shall provide all essential services required for the maintenances of the FLUV in accordance with (IAW) the Original Equipment Manufacturer (OEM) and commercial standards.
3.1. Delivery Inspections: Prior to the delivery of equipment, the contractor must conduct an equipment inspection to ensure there are no mechanical malfunctions and the delivered equipment is operational. Contractor must pay particular attention to inspecting the engine, transmission, brakes, lubrication, cooling system, tire pressure, battery fluid and charge levels, and all other essential IAW with OEM's and commercial industry standards.
3.2. Equipment Condition: The contractor shall deliver heavy equipment that is fully operational, safe, and completely fueled, to the designated delivery location aboard MCAS Yuma. All equipment must be delivered on the confirmed delivery date. The contractor shall be responsible for providing drivers who will deliver and pick-up the equipment. The contractor must off load and on load FLUV for the Government. The contractor will call to coordinate pickup and delivery of equipment through Contracting Officer's Representative (COR). The Government receiving acknowledgment will be based on the delivered equipment meeting the minimum acceptable standards.
Failure to pass equipment inspections and loss to the Government's operational capacities may result in negative CPARS evaluations.
3.2.1. Equipment Exterior and Interior Condition: The exterior and interior of the equipment must be free of excessive soil, rust and damage. The Government will document all discrepancies upon arrival. Due to desert environment conditions, the nature of long-term equipment leasing and the WTI operational tempo, the Government will not be held liable for normal wear and tear, including the degradation of leased equipment exterior surfaces, minor upholstery tears and minor surface punctures.
3.2.2. Safety items: Equipment must meet all safety and manufacturer requirements and have, as a minimum, the following safety features: lights, brakes, horn and an audible reverse warning device (backup alarm) as per commercial industry standards.
3.2.3. Tires: Tires shall have load ratings in accordance with the vehicle Gross Vehicle Weight Ratings (GVWR). All tires on supplied FLUV, including the spare tire if equipped, shall have sound sidewalls, body and tire tread depth that must be at a minimum 50% or better than the OEM's commercial standards for maximum tread wear.
3.3. Emergency Equipment Failure: If equipment fails to operate properly or needs major repair, the Government shall immediately cease operation of the equipment and notify the contractor within 24 hours. The contractor has one (1) day, including weekends, to respond and arrange for repairs of the equipment. If the equipment is non-operational for more than two (2) days, replacement equipment shall be provided at no additional cost to the Government. Normal wear and tear labor and repair costs will be the responsibility of the contractor. This cost shall include any service call to determine repair estimates.
3.4. Recovery and Replacement: Upon proper notification, the contractor shall recover disabled vehicles. This service should be available 24 hours a day, 7 days a week. If such recovery service is not available, alternatives at no cost to the Government must be organized and agreed to by the COR. Recovery location will be at the location where the failure occurred. Any extended delays due the lack of immediate replacement and loss to the Government's operational capacities may result in monetary penalties to the contractor.
3.5. Preventative Maintenance and Corrective Maintenance: The Contractor shall be responsible for all preventative maintenance (PM) and corrective maintenance (CM) on leased equipment. Preventative maintenance is the regular and routine maintenance of the equipment to keep the equipment operational and to prevent any unexpected equipment failure. Corrective maintenance are repairs that are performed to rectify and repair faulty equipment due to normal wear and tear. When the repair technician finds an issue which requires corrective action during PM service, the contractor shall notify the COR prior to the approval and execution of CM repairs.
3.6. Repairs During Business Hours: When conducting onsite repairs, repair technicians shall conduct repairs during normal business hours. Normal work hours are Monday through Friday from 0730-1600 (AST), excluding official holidays. The contractor shall discuss repair findings with the COR prior to executing such repairs. When repair technician finds an issue which requires corrective action during scheduled preventative maintenance, the contractor shall notify the COR prior to the approval and execution of the additional CM repairs. All repair technicians shall check in and out with Government personnel before and after repairs to discuss any findings.
3.7. Scheduled and Unscheduled Maintenance and Repairs: The contractor shall perform both scheduled and unscheduled maintenance and repair services while making every possible effort to minimize equipment downtime. The contractor must be prepared to provide all parts, labor, tools, and expertise necessary to complete required maintenance and repair tasks. The contractor must be prepared with a parts inventory that supports the on-site maintenance and repair services.
3.8. Over and Above Repairs: The contractor shall follow the procedures in DFARS 252.217-7028, Over and Above Work for the suspected damage caused by the Government. The damage report must be submitted to the COR for investigation and review prior to any authorization for repair from the Contracting Officer. All repair labor pricing for Government at fault repairs will be charged per the FFP contractual hourly rate. Replacement parts and material for Over and Above Repairs shall be determined fair and reasonable prior to performing the work. Should it be determined the damage is a direct result of Government misuse or abuse, the Government will issue a task order.
3.9. Accidents: The contractor shall provide an emergency contact sheet, posted inside the equipment, that the operator can utilize in the event of an accident. The contractor must include, at a minimum, contact information and procedures for handling the reporting of the accident. In the event of an emergency, Government personnel operating the equipment must report the mishap to the COR as soon as possible.
3.10. Insurance: The contractor shall maintain liability insurance for any damage or third-party liability. The contractor shall maintain a copy of all proofs of required insurance and shall make copies available to the Contracting Officer upon request. In accordance with FAR 52.228-5, Insurance on a Government Installation, the contractor, at its own expense, shall acquire and thereafter maintain the following kinds of insurance with respect to performance under this contract:
a. Workmen's Compensation Insurance, or equivalent workmen's compensation coverage, as required or prescribed by law, with minimum employer liability of $100,000 for accidental bodily injury or death, or for occupational disease.
b. Comprehensive General Liability with minimum limits of $500,000 per occurrence for bodily injury.
c. Comprehensive Automobile Liability with minimum limits of $200,000 per person and $500,000 per accident or occurrence for bodily injury, and $20,000 per occurrence for property damage.
4. GOVERNMENT REQUIREMENTS
4.1. During the period of performance and after initial delivery of the equipment, the Government will be responsible for all FLUV.
4.2. Operator maintenance inspection: Inspections will consist of daily checks (tires, controls, batteries) oil, hydraulic, transmission, coolant) and conduct a 360 degree walk around inspection.
The operator will inspect:
- 360 Degree visual walk around inspections.
- Inspection of all Tires, tire pressure and wear.
- Inspection of all attachments for serviceability and safety issues.
- Air filters as needed.
- Inspection of battery fluid levels, corrosion, and terminal link closures.
4.3. The Government will wash the equipment prior to the contractor pick up.
4.4. The Government shall not make any alterations or improvements to the equipment.
5. MAWTS-1 MITIGATION PLAN FOR TRACKING AND INSPECTING GOLF CART USAGE
5.1. Each vehicle will be supervised by Maintenance Site Leadership, with keys managed by senior EXFOR personnel.
5.2. Pre/post checkout inspections will occur at each shift change (0700, 1900) to assess for damage. Those responsible for damage will be held accountable.
5.3. We've updated our requirements to favor more robust vehicles (designed for heavy, industrial use, including cargo beds and enhanced drivetrains) and specifically exclude traditional "golf carts." This is likely the greatest deterrent to damage.
5.4. Vehicles will be restricted to hardball, paved surfaces whenever possible due to the unforgiving nature of adjacent unimproved surfaces.
6. Quality assurance Surveillance Plan (QASP GOVERNMENT REQUIREMENTS)
Outcome Performance Inspection Incentive
Stakeholder Outcome PWS Para Number
Standard Acceptable Quality Levels Inspector Method of Inspection, frequency
Performance Incentive
FLUV Operational, ready, safe, and reliable
3.2
Equipment delivered for use will be ready to operate and be reliable for continued us
90%; No more than 1 valid complaint for every 10 pieces of equipment delivered for use
COR
100% Inspection, Continuous observation, Review of all customer complaints
Positive
CPARS
evaluation
Delivered within timeline
2.1, 2.2
Deliver the specific type or acceptable substitute equipment.
Deliver equipment on the agreed up
90%; No more than 1 valid complaint for every 10 pieces of equipment delivered for use
Inspection, Continuous observation, Review of all customer complaints
Positive
Perform required maintenance services to return equipment to a fully operational condition
3.3, 3.4
Upon notification of malfunction, repair equipment to fully operational condition
95%; Be on site to commence repair work no more than 48 hours after notification.
95%; Make equipment operational and safe on the agreed upon date
Inspection, Continuous observation, Review of all customer complaints
Positive
Requirements MAWTS Utility Vehicles WTI 2-26 PWS
Continuation of Packaging and Marking
Continuation of Inspection and Acceptance
Continuation of Deliveries or Performance
Line Item Delivery Schedule Quantity Address and POC
Delivery After Delivery Date 12 Mar 2026
Period of Performance From 09 Mar 2026 To 06 Apr 2026
1 Each Place of Performance DoDAAC: M01244 CountryCode: USA
DISTRIBUTION MANAGEMENT OFFICE
BLDG 328, SPEARS ST., M/F M01244 MAWTS-1
YUMA, AZ 85369-9133
UNITED STATES
Kiara Sterbyci, Supply Representative Email: kiara.sterbyci@usmc.mil Telephone: 928-269-2686
Continuation of Accounting and Appropriation Data
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-13 System for Award Management-Maintenance. (Deviation) Feb 2026 52.219-6 Notice of Total Small Business Set-Aside. (Deviation) Feb 2026 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-3 Protest after Award. (Deviation) Feb 2026 52.233-4 Applicable Law for Breach of Contract Claim. (Deviation) Feb 2026
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.247-7023 Transportation of Supplies by Sea. Oct 2024
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.
in WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.
WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC ____
Issue By DoDAAC ____
Admin DoDAAC ____
Inspect By DoDAAC ____
Ship To Code ____
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) ____
Service Acceptor (DoDAAC) ____
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Addendum to 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services
Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services
FAR Clauses Incorporated by Full Text
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services.
(Oct 2025)
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (OCT 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 (section 743 of Division E, Title (JAN 2017) 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 (Section 1634 of Pub. L. 115-91).2023)
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section (NOV 2021) 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 (31 U.S.C. 3903 and 10 U.S.C. 3801).(MAR 2023)
(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(AUG 1996)
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(OCT 2004)
(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
52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. (1) (JUN 2020), Alternate I (NOV 2021) 4655).
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (NOV 2021)
52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-(3) (JUN 2010) 5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, (4) (NOV 2023) the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(5) (JUN 2020)
[Reserved].(6)
52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(7) (OCT 2016)
52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(8) (OCT 2016)
52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(9) (JUN 2023)
52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and (10) Multi-Agency Contracts. (Pub. L. 115-390, title II).(DEC 2023)
(11)
52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(i) (DEC 2023)
Alternate I of 52.204-30.(ii) (DEC 2023)
52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or (12) Voluntarily Excluded. ( 2025) (31 U.S.C. 6101 note).JAN
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(13) (OCT 2018)
[Reserved].(14)
52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).(15) OCT 2022
52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the (16) OCT 2022 preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[Reserved](17)
(18)
52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)
Alternate I of 52.219-6.(ii) (MAR 2020)
(19)
52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)
Alternate I of 52.219-7.(ii) (MAR 2020)
52.219-8, Utilization of Small Business Concerns ( )(15 U.S.C. 637(d)(2) and (3)).(20) JAN 2025
(21)
52.219-9, Small Business Subcontracting Plan ( ) (15 U.S.C. 637(d)(4)).(i) JAN 2025
Alternate I of 52.219-9.(ii) (NOV 2016)
Alternate II of 52.219-9.(iii) (NOV 2016)
Alternate III of 52.219-9.(iv) (JUN 2020)
Alternate IV ( ) of 52.219-9.(v) JAN 2025
(22)
52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(i) (MAR 2020)
Alternate I of 52.219-13.(ii) (MAR 2020)
52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 657s).(23) OCT 2022
52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(24) (SEP 2021)
52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns (25) Eligible Under the SDVOSB Program ( ) (15 U.S.C. 657f).FEB 2024
(26)
52.219-28, Postaward Small Business Program Rerepresentation ( ) (15 U.S.C. 632(a)(2)).(i) JAN 2025
Alternate I of 52.219-28.(ii) (MAR 2020)
52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ((27) OCT ) (15 U.S.C. 637(m)).2022
52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (28) Small Business Program ( ) (15 U.S.C. 637(m)).OCT 2022
52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(29) (MAR 2020)
52.219-33, Nonmanufacturer Rule (15 U.S.C. 637(a)(17)).(30) (SEP 2021)
52.222-3, Convict Labor (E.O. 11755).(31) (JUN 2003)
52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O. 13126).(32) (JAN 2025)
52.222-21, Prohibition of Segregated Facilities .(33) (APR 2015)
(34)
52.222-26, Equal Opportunity (E.O. 11246).(i) (SEP 2016)
Alternate I of 52.222-26.(ii) (FEB 1999)
(35)
52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(i) (JUN 2020)
Alternate I of 52.222-35.(ii) (JUL 2014)
(36)
52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(i) (JUN 2020)
Alternate I of 52.222-36.(ii) (JUL 2014)
52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(37) JUN 2020
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(38) (DEC 2010)
(39)
52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(i) ( )OCT 2025
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (MAR 2015)
52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (40) (JAN 2025) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
(41)
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 (i) applicable to the acquisition of commercially available off-the-shelf items.)
Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf (ii) (MAY 2008) items.)
52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ).(42) (MAY 2024) et seq.
52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, (43) (MAY 2024) et seq.
52.223-20, Aerosols (42 U.S.C. 7671, ).(44) (MAY 2024) et seq.
52.223-21, Foams (42 U.S.C. 7671, ).(45) (MAY 2024) et seq.
52.223-23, Sustainable Products and Services (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. (46) (MAY 2024) 7671l).
(47)
52.224-3 Privacy Training (5 U.S.C. 552 a).(i) (JAN 2017)
Alternate I of 52.224-3.(ii) (JAN 2017)
(48)
52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(i) (OCT 2022)
Alternate I of 52.225-1.(ii) (OCT 2022)
(49)
52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (i) (NOV 2023)
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.
Alternate I [Reserved].(ii)
Alternate II of 52.225-3.(iii) (JAN 2025)
Alternate III of 52.225-3.(iv) (FEB 2024)
Alternate IV (Oct 2022) of 52.225-3.(v)
52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (NOV 2023) et seq
52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (51) (FEB 2021) Assets Control of the Department of the Treasury).
52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the (52) National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)
52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).(54) (NOV 2007)
52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(55) (MAY 2024)
52.229-12, Tax on Certain Foreign Procurements .(56) (FEB 2021)
52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. (57) (NOV 2021) 3805).
52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(58) (NOV 2021)
52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(59) (OCT2018)
52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(60)
52.232-36, Payment by Third Party (31 U.S.C. 3332).(61) (MAY 2014)
52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(62) (AUG 1996)
52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign (63) Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(NOV 2024)
52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(64) (JAN 2017)
(65)
52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(i) (NOV 2021)
Alternate I of 52.247-64.(ii) (APR 2003)
Alternate II of 52.247-64.(iii) (NOV 2021)
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ ]Contracting Officer check as appropriate.
52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (AUG 2018)
52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (MAY 2014)
52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (AUG (29 U.S.C. 206 and 41 U.S.C. chapter 67).2018)
52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.(4) C. chapter 67).
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of (5) Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (MAY 2014) (41 U.S.C. chapter 67).
52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (JAN 2022)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (JAN 2022)
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)
52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (49 U.S.C. (10) (JAN 2025) 40118(g)).
(d) . The Contractor shall comply with the provisions of this paragraph (d) if this contract was Comptroller General Examination of Record awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any (1)
FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(NOV 2021)
(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(NOV 2023)
(iii) 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)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC (Section 1634 of Pub. L. 115-91).2023)
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section (NOV 2021) 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(JUN 2023)
(vii)
52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(A) (DEC 2023)
(B) Alternate I of 52.204-30.(DEC 2023)
(viii) 52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further JAN 2025 subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities .(APR 2015)
(x) 52.222-26, Equal Opportunity (E.O. 11246).(SEP 2016)
(xi) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(JUN 2020)
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(JUN 2020)
(xiii) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(JUN 2020)
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in (DEC 2010) accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(AUG 2018)
(xvi)
52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(A) ( )OCT 2025
(B) Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(MAR 2015)
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY (41 U.S.C. chapter 67).2014)
(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(JAN 2025)
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(JAN 2022)
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(JAN 2022)
(xxii)
52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(A)
(B) Alternate I of 52.224-3.(JAN 2017)
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the (OCT 2016) National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in accordance (JUN 2020) with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(NOV 2024)
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow (NOV 2021) down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Addendum to Contract Clauses
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation) Feb 2026 52.240-91 Security Prohibitions and Exclusions. (Deviation) Feb 2026 52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation) Feb 2026
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.201-7000 Contracting Officer's Representative. Dec 1991 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023
FAR Clauses Incorporated by Full Text
52.212-4 Terms and Conditions-Commercial Products and Commercial Services. (Deviation) (Alternate I)
(Feb 2026) Alternate I (Feb 2026)
Alternate I . When contemplating a time-and-materials or labor-hour contract, substitute the following paragraphs (a), (FEB 2026) (DEVIATION) (b), (i), (l), and (m) for those in the basic clause.
(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: [Insert any subcontracts for services ____ ; andto be excluded from the hourly rates prescribed in the schedule.]
(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. [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 (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.
(i) .Payments
(1) . The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Work performed Contracting Officer:
(i) .Hourly rate
(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.
(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract.
Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.
(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.
(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.
(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.
( ) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be 1 negotiated.
( ) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.2
( ) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved 3 by the Contracting Officer.
(ii) .Materials
(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the-
( ) Quantities being acquired; and1
( ) Any modifications necessary…
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