Solicitation_No__140R6024Q0070.pdf

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WY Glendo (Powerplant) KY1A Low Voltage Bushing Re
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140R6024Q0070
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This document is a Solicitation for a federal contract opportunity. The solicitation number is 140R6024Q0070 for the replacement of low voltage bushings on the KY1A power plant at the Glendo facility in Wyoming. The Department of the Interior's Bureau of Reclamation is the issuing agency for this unrestricted small business set-aside opportunity with a NAICS code of 333613 and a size standard of 750 employees. Offers are due by June 24, 2024 at 1300 MDT. Payment will be made by the Bureau of Reclamation Missouri Basin Region Regional Office located in Billings, MT. The solicitation provides details on the required products and services, as well as the applicable terms, conditions, and contracting procedures.

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

2. CONTRACT NO.

3.AWARD/ r· ORDER NUMBER

EFFECTIVE DATE

7. FOR SOLICITATION

la. NAME

INFORMATION CALL: Darlene Dillon

9. ISSUED BY CODE IR60

Bureau of Reclamation

Missouri Basin Region Regional Office 2021 4th Avenue North Billings MT 59107

11. DELIVERY FOR FREE ON BOARD 2. DISCOUNT TERMS (FOB} DESTINATION UNLESS

BLOCK IS MARKED

□ SEE SCHEDULE

15. DELIVER TO CODE I

17a. CONTRACTOR/ CODEI I FACILITY! OFFEROR CODE

TELEPHONE NO.

017b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

19.

ITEM NO.

1. REQUISITION NUMBER

I

PAG

OF

0040663325 I 2

5. SOLICITATION NUMBER

1:

6. SOLICITATION

140R6024Q0070 ISSUE DATE

06/07/2024 lb. TELEPHONE NUMBER (No col/eel calls)

8. OFFER DUE DATE/LOCAL TIME

406-247-4037 06/24/2024 1300 MD

10. THIS ACQUISITION IS □ UNRESTRICTED OR IBJ SET ASIDE: 100.00 %FOR:

[Kl SMALL BUSINESS □ WOMEN-OWNED SMALL NORTH AMERICAN INDUSTRY

BUSINESS (WOSB} CLASSIFICATION STANDARD

□ HUBZONE SMALL

ECONOMICALLY DISADVANTAGED (NAICS}:

BUSINESS WOMEN-OWNED SMALL

333613 □ SERVICE-DISABLED BUSINESS (EDWOSB}

VETERAN-OWNED

SMALL BUSINESS □ 8(A} SIZE STANDARD: 750

(SDVOSB}

13a. THIS CONTRACT IS A RATED 13b. RATING

□ ORDER UNDER THE DEFENSE 14. METHOD OF SOLICITATION REQUEST FOR

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

16. ADMINISTERED BY

Bureau of Reclamation Missouri Basin Region Regional Office 2021 4th Avenue North Billings MT 59107

18a. PAYMENT WILL BE MADE BY l<]

REQUEST FOR

QUOTE(RFQ} □ INVITATION

FOR BID (IFB)

CODE IR60

CODE I

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

IS CHECKED □SEE ADDENDUM

21. 22. 23. 24.

QUANTITY UNIT UNIT PRICE AMOUNT

PROPOSAL

(RFP)

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Government Use Only)

IX] 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION} FAR 52.212- 1, 52.212-4. FAR 52.212-3 ll!I ARE □ ARE NOT ATTACHED.

AND 52.212-5 ARE ATTACHED. ADDENDA

□ 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA □ ARE □ ARE NOT ATTACHED.

� 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _ _ 1 _ __ □ 29. AWARD OF CONTRACT: REFERENCE _ _ _ _ _ _ _ _ __ OFFER

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.

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED

DATED _ _ _ _ _ __ . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN. IS ACCEPTED AS TO ITEMS:

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print)

Darlene Dillon 1 31c. DATE SIGNED

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA• FAR (48 CFR) 53.212

Invoice Processing Platform System US Department of the Treasury http://www.ipp.gov

20.

SCHEDULE OF SUPPLIES/SERVICES

WY Glendo KY1A Lower Voltage Bushing Replacements

Email quotations and other correspondence related to this Request for Quote to Contracting Officer Darlene Dillon at email address DDillon@usbr.gov.

Period of Performance: 07/10/2024 to 11/07/2024

See next continuation page.

19.

ITEM NO.

21. 22.

QUANTITY UNIT

23.

UNIT PRICE

24.

AMOUNT

20.

SCHEDULE OF SUPPLIES/SERVICES

32a. QUANTITY IN COLUMN 21 HAS BEEN

0 RECEIVED 0 INSPECTED 0 ACCEPTED AND CONFORMS TO THE CONTRACT EXCEPT AS NOTED·

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE I

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

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

0 COMPLETE □ PARTIAL 0 FINAL

0 PARTIAL 0 FINAL

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

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MMIDD) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 11/2021) BACK

Product/Service Code: J061 Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- ELECTRIC WIRE AND POWER DISTRIBUTION

EQUIPMENT

00010 Replacement of Low Voltage Bushings 3 ea $__________ $__________________

Solicitation No. 140R6024Q0070 WY GL KY1A LV Bushing Replacement_____________________________________________

PRICE SCHEDULE

(a) Offers will be considered for award on the following price schedule, but no offer will be considered for award on only a part of the price schedule.

(b) Offers are subject to the terms and conditions of this solicitation.

(c) Locations/Quantities may be increased or decreased

(d) The Government intends to make one award.

(e) Definitions:

(1) CLIN‐Contract Line Item Number

CLIN SECTION SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

(U.S. Dollars)

1 Performance Work Statement

Replacement of Bushing(s), inclusive of all work, not limited to preparation/ disposal/ cleanup

3 EA $

Total Firm Fixed Price of Schedule $________________

1 (PWS)

PERFORMANCE WORK STATEMENT (PWS)

Bureau of Reclamation, Wyoming Area Office

Glendo KY1A Low Voltage Bushing Replacement

1.0 Background

The Bureau of Reclamation has a need for the removal, disposal, and installation of three (3) Government furnished Low Voltage Bushings for a Transformer KY1A.

The Transformer KY1A was manufactured by ASEA Electric in 1986. It is a 115,000V/6,900V, YG(Grounded-Wye)/Delta, 20MVA, three-phase, two-winding, nitrogen blanketed step-up transformer.

2.0 Location

Reclamation’s Glendo Powerplant is located on the North Platte River approximately 75 miles southeast of Casper, Wyoming, and 4.5 miles southeast of the town of Glendo, Wyoming.

3.0 Period of Performance

To allow adequate time for the submittal process, invoices/payments, government internal controls, and sufficient time for actual onsite work, the overall purchase order period of performance is One hundred twenty (120) calendar days, with actual onsite work estimated between 09/16/2024 - 10/15/2024, due to the concern for unfavorable weather conditions and low humidity.

Hours of Operations: The Contractor shall only perform work from 7:00 AM to 5:30 PM (Mountain [Daylight] Time zone-Denver), Monday through Thursday, unless otherwise authorized by the Contracting Officer and/or Contracting Officer’s Representative.

The contractor shall coordinate the schedule with the Contracting Officer’s Representative (COR) prior to commencing actual onsite work.

4.0 Scope: Replacement of Bushings

1) The contractor shall replace three (3) Government furnished PCORE B-08912370 low voltage bushings on the KY1A Transformer at the Glendo Powerplant, including disposal of the removed/expired bushings and rubbish. The contractor shall furnish all labor, tools, services, personnel, and all other resources. The contractor shall comply with all applicable laws, standards, and regulations. Note: Work is in a confined space.

2) The contractor shall coordinate with the Contracting Officer’s Representativee (COR) to schedule/coordinate the Government Furnished Crane and Operator.

2 (PWS)

5.0 Schedule(s)

1) The contractor shall submit a BASELINE (planned approach) schedule and a

SECONDARY (Bushing Replacement/Testing) schedule as follows:

A. The BASELINE schedule shall allow for, but is not limited to, the submittal process, approximately 30 days of actual onsite work/clean-up with 60 calendar days of float-time, whereby the Government can schedule internal controls. (The contractor shall coordinate with the Contracting Officer’s Representative for the tentative internal control dates). Failure to include elements of the work in the schedule(s) will not release the Contractor from completing the required work under the purchase order.

B. The SECONDARY schedule shall be in sufficient detail to the actual replacement of the three (3) bushings and functionality testing(s).

6.0 Functionality Testing

1) INITIAL functionality testing(s) of each bushing shall take place within 24 hours after installation.

A) Contractor shall submit test results to the Contracting Officer’s Representative (COR) within seven (7) calendar days after each INITIAL functionality testing has been completed.

2) VERIFICATION functionality testing of each bushing shall take place within 20 calendar days after INITIAL testing.

A) Contractor shall submit test results to the Contracting Officer’s Representative (COR) within seven (7) calendar days after each functionality verification testing has been completed for each of the three (3) (PCORE B-08912370) bushings. Each bushing shall be fully and properly operational, including, but not limited to, the following:

a. No abnormal temperature variations in the bushings during or after use as indicated with infrared scanning.

b. No structural or other issues that may be the result of bushing manufacture or install shall be present.

c. A dissolved gas analysis shall show no signs of increase in flammable gas content of the transformer oil.

d. No detectable degradation or other abnormalities in the transformer oil.

e. Air samples from the transformer tank shall meet or exceed minimum

99% nitrogen content.

7.0 Government Furnished Property, Supplies-Materials, Utilities & Crane Operator Labor:

The Government will provide the following:

3 (PWS)

1) Three (3) - PCORE B-08912370 bushings, located on-site at the Glendo Powerplant

2) Drawings of bushings, (See Section Drawings),

3) Transformer drawings, (See Section Drawings),

4) SUNOCO Type II Transformer Oil, located on-site at the Glendo Powerplant

5) Crane

6) Crane Operator

7) Temporary Utilities: Limited (exterior) power is available, depending on size and voltage needed. (Coordinate with the COR for size and voltage availability).

8.0 Contractor Furnished Property:

The Contractor shall provide the following:

1) The contractor shall provide temporary power that exceeds the size and voltage available on the exterior of the powerplant. (Power is not available from inside the powerplant).

2) Portable Restroom(s)/Porta Potty/Polyjohn

3) Personal Protective Supplies/Wearables/Equipment for all employees

9.0 Quality Control Plan

The Contractor shall develop and maintain a Quality Control Plan (QCP) to ensure the work necessary for the replacement of the bushings is performed in accordance with Reclamation’s Safety and Health Standards. The Contractor shall submit the QCP to the Contracting Officer’s Representative.

The Quality Control Plan (QCP) shall include:

a. Plan overview and objectives

b. Policies/procedures for quality control

c. An organizational chart with specific job descriptions

d. The name(s) and qualifications of the individual(s) responsible for performing the quality control inspections, and the extent of their authority.

e. Responsibilities assigned, such as to each employee/team member

f. Recording the results of inspections and for recording corrective action

g. Performance and accuracy of inspections

h. Confirming final verification of functionality testing. (See Paragraph 6)

i. Provisions to update and revise the QCP during the performance of the purchase order.

10.0 Performance

The COR will document exemplary and unacceptable contract performance.

4 (PWS)

11.0 Risks

Hazardous conditions the contractor may encounter include, but are not limited to, working with tools, and possibly hazardous materials, lifting heavy objects, confined space, and working near electrical components. Transformer is nitrogen blanketed. It is the responsibility of the Contractor to anticipate the possibility of severe weather and to plan their work accordingly.

12.0 Safety and Health

The Contractor shall comply with the following:

a. All work shall be conducted in a safe manner and shall comply with Reclamation Safety and Health Standards (RSHS) and Occupational Safety and Health Administration (OSHA) requirements. The government will not provide safety equipment or Personal Protective Supplies/Wearables/Equipment to the Contractor.

b. A written site-specific Safety Plan in accordance with Reclamation Safety and Health Standards (RSHS) shall be submitted and approved by the COR before commencing work. The Safety Plan is required to include a confined entry plan.

c. Onsite contractor personnel shall be certified in First Aid and Cardiopulmonary Recitation (CPR). Certification of First Aid and CPR shall be submitted to the COR before commencing work.

d. Approved first aid kits shall be carried in all vehicles

e. The contractor shall be responsible for supplying personal protective equipment for all their employees.

f. Contractor shall take Reclamation's Hazardous Energy Control Program (HECP) for contractor workplace representative training and be placed on the authorized Reclamation list.

g. All accidents must be reported to the Contracting Officer or the COR within 24 hours of their occurrence. Any needs for emergency services shall first be reported to 911 and/or the appropriate County Sheriff’s Office, and/or Emergency Fire/Ambulance Services.

h. The Contractor shall submit to the Contracting Officer or the COR a full report of damage to Government property and/or equipment by contractor employees. All damage reports shall be submitted to the Contracting Officer or the COR within 24 hours of occurrence.

i. The Contractor's workspace may be inspected periodically for OSHA violations.

Abatement of violations will be the responsibility of the Contractor and/or the Government as determined by the COR.

j. In accordance with 52.223-3 Alt I, submit Hazardous Identification and Material Safety Data, regarding handling of the Government furnished SUNOCO Type II Transformer Oil

13.0 Security Requirements

The Contractor shall comply with all security requirements and always be escorted within the Glendo switchyard. The Contractor shall submit the name and address of each employee and

5 (PWS)

subcontractor employees performing work under this purchase order and shall submit a list of all vehicles and equipment to be brought on-site, with supporting documentation. The Contractor shall also submit the name or names of the responsible Project Manager or persons authorized to act for the Contractor.

Neither the Contractor, nor any of its employees, shall disclose or cause to be disseminated any information concerning the operations of the activity, which could result in or increase the likelihood of the possibility of a breach of the activity's security or interrupt the continuity of its operations.

It shall be the Contractor's responsibility, through the COR, to obtain access to the necessary facilities.

The Contractor shall meet in conference with the Contracting Officer’s Representative (COR) to discuss any relevant clearance requirements to be furnished for successful completion of Contractor Activities.

14.0 Environmental Controls

The Contractor shall comply with all applicable federal, state, local laws, Reclamation’s Safety and Health Standards (RSHS) and the regulations and standards. All environmental protection matters shall be coordinated with the Contracting Officer’s Representative (COR). The Contractor shall promptly report and clean up any oil spills, which result from the Contractor's operations. The Contractor shall comply with the instructions of the local government health department with respect to avoidance of conditions, which may be hazardous to the health of employees. The Contractor shall use reasonably available methods and equipment to prevent, control, and otherwise minimize atmospheric emissions or discharges of air contaminants.

15.0 Demolition Waste Management

Old bushings, debris, rubbish, hazardous waste, and non-usable material resulting from the work under this purchase order shall be disposed of at the Contractor’s expense. Hazardous wastes must be disposed of in accordance with the Resource Conservation and Recovery Act and all other applicable federal, state, and local laws and regulations. The Contractor shall keep work and storage areas free from accumulations of waste materials and rubbish. The Contractor shall dispose of nonhazardous waste materials as follows:

a. Reuse at jobsite or recycle waste materials removed from jobsite whenever possible as approved by the COR.

b. Dispose of materials not reused at jobsite by removal from jobsite.

c. Dispose of nonhazardous waste materials that are not reused or recycled at appropriately permitted disposal facilities.

d. Do not bury or burn waste materials.

16.0 Final Cleanup

Remove temporary facilities, rubbish, unused materials, and other similar materials which are not part of the permanent facility or government furnished equipment or supplies-materials (remaining unused SUNOCO Type II Transformer Oil). Final site conditions shall be returned to original historical settings.

17.0 Performance Standards:

All work under the purchase order shall be fully commissioned and is subject to Government inspection during any or all times of the contractor’s work. Non-compliance with the purchase order will result in a required service being re-performed without additional expense to the Government. The Government reserves the right to utilize any method of inspection necessary to assure contractor performance with all the requirements of the purchase order. The Contracting Officer’s Representative (COR) will document acceptable and unacceptable performance. The following table summarizes the performance standards:

Task Description Performance Standards

Method of Monitoring

Disincentive Incentive

Replacement of three (3) Bushings to the Transformer

K1YA

100%:

Bushings are removed, installed properly and are fully and properly operational

Functionality test results and government inspection

Re-work and re-verification functionality testing, at the contractor’s expense

Contractor performance will be documented

18.0 Submittals

Submittals from the contractor are required during the term of the purchase order to ensure quality and safe work under the purchase order. Submittals shall be submitted electronically by email or encrypted email.

Time required for review of submittals: Submittal review will require 10 days for review of each submittal or resubmittal, unless otherwise specified. The time required for review of each submittal or resubmittal begins when complete submittal requirements for a particular RSN are received and extends through the return email date.

6 (PWS)

7 (PWS)

Required submittals are as follows:

*RSN – Required Submittal Number *CO – Contracting Officer *COR – Contracting Officer’s Representative

*RSN

Clause Or Section Title

Submittal(s) Required

Due date or delivery time

Respo nsible Code

Sets to be sent:

*CO *COR

1 1452.228-70 Liability Insurance

Within 10 calendar days after award

CO 1

electronic

2 13,0 GP-7, and

WBR

1452.237-80

1. List of all contractor and subcontractor employees performing work under this purchase order with supporting documentation

2. List of all vehicles and equipment to be brought on site with supporting documentation

3. Name(s) of the responsible Project Manager authorized to act on behalf of the Contractor.

Within 10 calendar days after award/prior to on-site work

COR 1

encrypted electronic

3 12.0(b) Safety Plan in accordance with Reclamation Safety and Health Standards (RSHS), inclusive of confined workspace

30 calendar days after award

COR 1

electronic

8 (PWS)

4 12.0(c) Certification in First Aid AND Cardiopulmonary Recitation (CPR) of all onsite personnel

30 calendar days after award

COR 1

electronic

5 12.0(j) & 52.223-3 Alt I

Submit Hazardous Identification and Material Safety Data

30 calendar days after award

COR 1

electronic

6 5.1-A BASELINE

Schedule - (planned approach)

30 calendar days after award

COR 1

electronic

7 5.1-B The

SECONDARY

Schedule (actual replacement of each of the three

(3) bushings and functionality testing(s))

45 calendar days after award

COR 1

electronic

8 9 Quality Control Plan

30 calendar days after award

COR 1

electronic

9 6.0 (1-A) INITIAL

functionality testing(s)

7 calendar days after each initial testing

COR 1

electronic

10 6.0 (2-A) SECONDARY

VERIFICATION

functionality testing(s)

7 calendar days after each functionality verification testing

COR 1

electronic

9 (PWS)

19.0 References

a. Reclamation Safety and Health Standards (RSHS), including revisions posted at http://www.usbr.gov/ssle/safety/RSHS/rshs.html.

b. Occupational Safety and Health Administration (OSHA)

29 CFR Part 1910 Occupational Safety and Health Standards Available on the Internet at www.osha.gov.

WY GL KY1A LV Bushing Replacement

1 (Clauses)

CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

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

FAR Clauses - https://www.acquisition.gov/far/

Clause Title Date 52.202-1 Definitions Jun 2020 52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.204-19 Incorporation by Reference of Representations and

Certifications Dec 2014

52.212-4 Contract Terms and Conditions -Commercial Items Nov 2023 52.222-8 Payrolls and Basic Records Jul 2021 52.223-5 Pollution Prevention and Right-to-Know May 2024 52.223-10 Waste Reduction Program May 2024 52.232-18 Availability of Funds Apr 1984 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors Mar 2023

52.242-15 Stop-Work Order Aug 1989

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO MAY 2024

IMPLEMENT STATUTES AND EXECUTIVE ORDERS

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(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).

2 (Clauses)

(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:

__ (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).

__ (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 FAR 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).

__ (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).

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

__ (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 II).

3 (Clauses)

_X_ (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.

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV

2021) ( 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).

__ (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 offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (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.

__ (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 (FEB 2024) ( 15 U.S.C. 637(d)(2) and (3)).

__ (21)

(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

4 (Clauses)

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2023) of 52.219-9.

__ (22)

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

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (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).

_X_ (26)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) ( 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) ( 15U.S.C. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

5 (Clauses)

_X_ (34)

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

__ (ii) Alternate I (FEB 1999) of 52.222-26.

__ (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.

__ (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).

__ (ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (40) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in

FAR 22.1803.)

__ (41)

(i) 52.223-9, Estimate of Percentage of 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.)

6 (Clauses)

__ (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.).

_X_ (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. 7671l).

__ (47)

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

__ (ii) Alternate I (JAN 2017) of 52.224-3.

_X_ (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 (DEC 2022) of 52.225-3.

__ (iv) Alternate III (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).

7 (Clauses)

__ (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).

__ (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).

_X_ (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).

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

__ (61) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business Subcontractors (JAN

2017) ( 15 U.S.C. 637(d)(13)).

__ (64)

(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

8 (Clauses) contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

_X_ (1) 52.222-41, Service Contract Labor Standards (AUG

2018) ( 41 U.S.C. chapter67).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG

2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 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).

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

_X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was 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

9 (Clauses) any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)

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

2021) ( 41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C.

4712).

(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 2023) (Section 1634 of Pub. L.

115-91).

(v) 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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)

(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (DEC 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

10 (Clauses)

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 (SEP 2015) (E.O.11246).

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

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) ( 29 U.S.C. 793).

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (AUG

2018) ( 41 U.S.C. chapter 67).

(xvi)

(A) 52.222-50, Combating Trafficking in Persons (NOV

2021) ( 22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(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 2014) ( 41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(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 (JAN 2022) (E.O.

13706).

(xxii)

11 (Clauses)

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

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 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).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN

2020) ( 42 U.S.C. 1792). Flow down required in accordance 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) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow 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.

52.223-3 ALT I JUL 1995 HAZARDOUS MATERIAL

IDENTIFICATION AND MATERIAL

SAFETY DATA ALT I

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert None)

Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

12 (Clauses)

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(i) Except as provided in paragraph (i)(2), the Contractor shall prepare and submit a sufficient number of Material Safety Data Sheets (MSDS's), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous materials identified in paragraph (b) of this clause.

13 (Clauses)

(1) For items shipped to consignees, the Contractor shall include a copy of the MSDS's with the packing list or other suitable shipping document which accompanies each shipment.

Alternatively, the Contractor is permitted to transmit MSDS's to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer.

(2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the MSDS's in or on each shipping container. If affixed to the outside of each container, the MSDS's must be placed in a weather resistant envelope.

52.245-1 ALT I GOVERNMENT PROPERTY ALT I SEP 2021

(a) Definitions. As used in this clause-

Cannibalize means to remove parts from Government property for use or for installation on other Government property.

Contractor-acquired property means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title.

Contractor inventory means-

(1) Any property acquired by and in the possession of a Contractor or subcontractor under a contract for which title is vested in the Government and which exceeds the amounts needed to complete full performance under the entire contract;

(2) Any property that the Government is obligated or has the option to take over under any type of contract, e.g., as a result either of any changes in the specifications or plans thereunder or of the termination of the contract (or subcontract thereunder), before completion of the work, for the convenience or at the option of the Government; and

(3) Government-furnished property that exceeds the amounts needed to complete full performance under the entire contract.

Contractor’s managerial personnel means the Contractor’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of-

(1) All or substantially all of the Contractor’s business;

(2) All or substantially all of the Contractor’s operation at any one plant or separate location; or

(3) A separate and complete major industrial operation.

Demilitarization means rendering a product unusable for, and not restorable to, the purpose for which it was designed or is customarily used.

14 (Clauses)

Discrepancies incident to shipment means any differences (e.g., count or condition) between the items documented to have been shipped and items actually received.

Equipment means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.

Government-furnished property means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Government property means all property owned or leased by the Government. Government property includes both Government- furnished and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

Loss of Government property means unintended, unforeseen or accidental loss, damage or destruction to Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include purposeful destructive testing, obsolescence, normal wear and tear or manufacturing defects. Loss of Government property includes, but is not limited to-

(1) Items that cannot be found after a reasonable search;

(2) Theft;

(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or

(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.

Material means property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item. Material does not include equipment, special tooling, special test equipment or real property.

Nonseverable means property that cannot be removed after construction or installation without substantial loss of value or damage to the installed property or to the premises where installed.

15 (Clauses)

Precious metals means silver, gold, platinum, palladium, iridium, osmium, rhodium, and ruthenium.

Production scrap means unusable material resulting from production, engineering, operations and maintenance, repair, and research and development contract activities. Production scrap may have value when re-melted or reprocessed, e.g., textile and metal clippings, borings, and faulty castings and forgings.

Property means all tangible property, both real and personal.

Property Administrator means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

Property records means the records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government property.

Provide means to furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.

Real property See Federal Management Regulation 102-71.20 (41 CFR 102-71.20).

Sensitive property means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional…

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