Solicitation - W564KV26RA006_final I_030326.pdf

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 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.

calls)

Solicitation/Contract Form Continuation

Maintenance and Repair of Material Handling EquipmentInstrument Name:

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with part 12. This announcement constitutes the only solicitation.

Offers are being requested and a separate written solicitation will not be issued.

Solicitation number W564KV-26-R-A006 is issued as a for Request for Quote Repair and .Maintenance of Material Handling Equipment (MHE)

This acquisition i set-aside for small business concerns. This solicitation incorporates s not provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

Points of Contact:

Contract Specialist: Dominik Rauch, Dominik.Rauch2.LN@army.mil, +49 0611 143 542 6801

Contracting Officer: Israel Gutierrez, Israel.Gutierrez1.CIV@army.mil, +49 0611 143 542 6813

5152.233-4002 AMC-LEVEL PROTEST PROGRAM (June 2016)

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 45 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the contracting officer) to:

Protest to HQAMC shall be filed at:

Headquarters U.S. Army Materiel Command

Office of Command Counsel-Deputy Command Counsel

4400 Martin Road

W564KV26RA006

Rm: A6SE040.001

Redstone Arsenal, AL 35898-5000

Fax: (256) 450-8840 or e-mail: usarmy.redstone.usamc.mbx.protests@army.mil

Packages sent by FedEx or UPS should be addressed to:

Headquarters U.S. Army Materiel Command

Office of Command Counsel-Deputy Command Counsel

4400 Martin Road

Rm: A6SE040.001

Redstone Arsenal, AL 35898-5000

The AMC-level protest procedures are found at:

https://www.amc.army.mil/Connect/Legal-Resources/

If Internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC- Level Protest Procedures.

(End of Provision)

*** END OF NARRATIVE ***

W564KV26RA006

https://www.amc.army.mil/Connect/Legal-Resources/

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Phase-In period for MHE maintenance and repair services if selected awardee is other than the incumbent. This CLIN will only be utilized in the event of a contract award to any contractor other than the incumbent. This line item is NOT SEPARATELY priced and contractors shall not submit a price for this line item as no payment will be made under this line item.

Product Service Code: J039 North American Industry Classification System (NAICS):

811310 Pricing Arrangement: Firm Fixed Price

1 Months

0002 Base Year Scheduled Maintenance /Service Scheduled Maintenance /services shall include all parts and labor associated with schedule maintenance in accordance of the MHE manufacturer specifications.

See PWS for additional requirements.

Product Service Code: J039 North American Industry Classification System (NAICS):

811310 Pricing Arrangement: Firm Fixed Price

12 Months

0003 2,080 Labor Hours

Base Year Unscheduled Maintenance Hourly Labor Rate for Emergency/Unscheduled Maintenance Product Service Code: J039 North American Industry Classification System (NAICS):

811310 Pricing Arrangement: Labor Hour

0004 Base Year Parts for Unscheduled Maintenance The parts/material needed to complete Emergency /Unscheduled Maintenance on MHE.

Product Service Code: J039 North American Industry Classification System (NAICS):

811310 Pricing Arrangement: Time and Materials

1 Job

Option Line Item

Option Year 1 Scheduled Maintenance/Service Scheduled Maintenance/services shall include all parts and labor associated with schedule maintenance in accordance of the MHE manufacturer specifications. See PWS for additional requirements.

Product Service Code: J039 North American Industry Classification System (NAICS):

811310 Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item

Option Year 1 Unscheduled Maintenance Hourly Labor Rate for Emergency/Unscheduled Maintenance Product Service Code: J039

2,080 Labor Hours

North American Industry Classification System (NAICS):

811310 Pricing Arrangement: Labor Hour

Option Line Item

Option Year 1 Parts for Unscheduled Maintenance The parts/material needed to complete Emergency /Unscheduled Maintenance on MHE.

Product Service Code: J039 North American Industry Classification System (NAICS):

811310 Pricing Arrangement: Time and Materials

1 Job

Option Line Item

Option Year 2 Scheduled Maintenance/Service Scheduled Maintenance/services shall include all parts and labor associated with schedule maintenance in accordance of the MHE manufacturer specifications. See PWS for additional requirements.

Product Service Code: J039 North American Industry Classification System (NAICS):

811310 Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item

Option Year 2 Unscheduled Maintenance Hourly Labor Rate for Emergency/Unscheduled Maintenance Product Service Code: J039 North American Industry Classification System (NAICS):

811310 Pricing Arrangement: Labor Hour

2,080 Labor Hours

Option 1 Job

Line Item

Option Year 2 Parts for Unscheduled Maintenance The parts/material needed to complete Emergency /Unscheduled Maintenance on MHE.

Product Service Code: J039 North American Industry Classification System (NAICS):

811310 Pricing Arrangement: Time and Materials

Continuation of Description

Requirements Maintenance and Repair of Material Handling Equipment (MHE) and all other equipment as listed from DLA Distribution Europe

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Inspection/Acceptance criteria.

DoDAAC: SB3551 CountryCode: DEU

DLA DISTRIBUTION EUROPE

US DEPOT GERMERSHEIM 072749638075, VORWEK-FRIEDRICHSTR BLDG

LINGENFED 67360

GERMANY

0002 Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Inspection/Acceptance criteria.

DoDAAC: SB3551 CountryCode: DEU

DLA DISTRIBUTION EUROPE

US DEPOT GERMERSHEIM 072749638075, VORWEK-FRIEDRICHSTR BLDG

LINGENFED 67360

GERMANY

0003 Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Inspection/Acceptance criteria.

DoDAAC: SB3551 CountryCode: DEU

DLA DISTRIBUTION EUROPE

US DEPOT GERMERSHEIM 072749638075, VORWEK-FRIEDRICHSTR BLDG

LINGENFED 67360

GERMANY

0004 Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Inspection/Acceptance criteria.

DoDAAC: SB3551 CountryCode: DEU

DLA DISTRIBUTION EUROPE

US DEPOT GERMERSHEIM 072749638075, VORWEK-FRIEDRICHSTR BLDG

LINGENFED 67360

GERMANY

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Inspection/Acceptance criteria.

DoDAAC: SB3551 CountryCode: DEU

DLA DISTRIBUTION EUROPE

US DEPOT GERMERSHEIM 072749638075, VORWEK-FRIEDRICHSTR BLDG

LINGENFED 67360

GERMANY

Option Inspection and Acceptance Location

Line Item

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Inspection/Acceptance criteria.

DoDAAC: SB3551 CountryCode: DEU

DLA DISTRIBUTION EUROPE

US DEPOT GERMERSHEIM 072749638075, VORWEK-FRIEDRICHSTR BLDG

LINGENFED 67360

GERMANY

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Inspection/Acceptance criteria.

DoDAAC: SB3551 CountryCode: DEU

DLA DISTRIBUTION EUROPE

US DEPOT GERMERSHEIM 072749638075, VORWEK-FRIEDRICHSTR BLDG

LINGENFED 67360

GERMANY

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Inspection/Acceptance criteria.

DoDAAC: SB3551 CountryCode: DEU

DLA DISTRIBUTION EUROPE

US DEPOT GERMERSHEIM 072749638075, VORWEK-FRIEDRICHSTR BLDG

LINGENFED 67360

GERMANY

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Inspection/Acceptance criteria.

DoDAAC: SB3551 CountryCode: DEU

DLA DISTRIBUTION EUROPE

US DEPOT GERMERSHEIM 072749638075, VORWEK-FRIEDRICHSTR BLDG

LINGENFED 67360

GERMANY

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Inspection/Acceptance criteria.

DoDAAC: SB3551 CountryCode: DEU

DLA DISTRIBUTION EUROPE

US DEPOT GERMERSHEIM 072749638075, VORWEK-FRIEDRICHSTR BLDG

LINGENFED 67360

GERMANY

Continuation of Deliveries or Performance

0001 1 MonthsQuantity

Address and POC

Period of Performance From 01 Jul 2026 To 31 Jul 2026

0002 12 MonthsQuantity

Address and POC

Period of Performance From 01 Aug 2026 To 30 Jun 2027

0003 2,080 Labor HoursQuantity

Address and POC

Period of Performance From 01 Aug 2026 To 30 Jun 2027

0004 1 JobQuantity

Address and POC

Period of Performance From 01 Aug 2026 To 30 Jun 2027

Option Line Item

12 MonthsQuantity

Address and POC

Period of Performance From 01 Jul 2027 To 30 Jun 2028

Option Line Item

2,080 Labor HoursQuantity

Address and POC

Period of Performance From 01 Jul 2027 To 30 Jun 2028

Option Line Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2027

To 30 Jun 2028

Option Line Item

12 MonthsQuantity

Address and POC

Period of Performance From 01 Jul 2028 To 30 Jun 2029

Option Line Item

2,080 Labor HoursQuantity

Address and POC

Period of Performance From 01 Jul 2028 To 30 Jun 2029

Option Line Item

1 JobQuantity

Address and POC

Period of Performance From 01 Jul 2028 To 30 Jun 2029

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-3 Gratuities. 1984-04

52.203-6 Restrictions on Subcontractor Sales to the Government.

2020-06

52.203-6 Restrictions on Subcontractor Sales to the Government. (Alternate I)

2020-06 Alternate I

2021-11

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Deviation)

2026-02

52.204-13 System for Award Management- Maintenance. (Deviation)

2026-02

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded.

(Deviation)

2026-02

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

(Deviation)

2026-02

52.212-4 Terms and Conditions-Commercial Products and Commercial Services.

(Deviation)

2026-02

52.222-19 Child Labor-Cooperation with Authorities and Remedies. (Deviation)

2026-02

52.222-50 Combating Trafficking in Persons. 2026-02

(Deviation)

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

2024-05

52.229-12 Tax on Certain Foreign Procurements. 2021-02

52.232-33 Payment by Electronic Funds Transfer- System for Award Management.

2018-10

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-3 Protest after Award. (Deviation) 2026-02

52.233-4 Applicable Law for Breach of Contract Claim. (Deviation)

2026-02

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.

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7004 Antiterrorism Awareness Training for Contractors.

2023-01

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. (DEVIATION 2024-O0013

REVISION 1)

2024-05 Deviation 2024- O0013

2024-05

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2024-05

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

2023-01

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

2023-01

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

2023-11

252.204-7022 Expediting Contract Closeout. 2021-05

252.223-7008 Prohibition of Hexavalent Chromium. 2023-01

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

2023-06

252.225-7967 Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006, Revision 1)

2024-02 Deviation 2024- O0006

2024-02

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

2023-01

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

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.243-7002 Requests for Equitable Adjustment. 2022-12

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11

252.246-7008 Sources of Electronic Parts. 2023-01

252.247-7023 Transportation of Supplies by Sea. 2024-10

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.212-4 Terms and Conditions-Commercial Products and Commercial Services.

(Deviation) (Alternate I)

2026-02 Alternate I

2026-02

Alternate I . When contemplating a time-and-materials or labor-hour (Feb 2026) (Deviation) contract, substitute the following paragraphs (a), (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; and

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

Subcontract means any contract, as defined in FAR 2.101, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) .Inspection/Acceptance

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract at all places and times before acceptance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

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

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

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements.

Except as otherwise specified in paragraph (b)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.

(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 Work performed of commercial invoices approved by the Contracting Officer:

(i) .Hourly rate

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

( ) If no overtime rates are provided in the Schedule and the Contracting Officer approves 1 overtime work in advance, overtime rates shall be negotiated.

( ) Failure to agree upon these overtime rates shall be treated as a dispute under the 2 Disputes clause of this contract.

( ) If the Schedule provides rates for overtime, the premium portion of those rates will be 3 reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) .Materials

(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the-

( ) Quantities being acquired; and1

( ) Any modifications necessary because of contract requirements.2

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

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

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

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

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

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

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

( ) . The Government will reimburse the Contractor on the basis of actual 1 Other direct costs cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)

(B) of this clause: None

( . The Government will 2) Indirect costs (material handling, subcontract administration, etc.)

reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: $0

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

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

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

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

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

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

(B) The Contractor's timekeeping procedures;

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

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

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

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

(B) Any documents supporting payment of those invoices.

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

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

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

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

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

(D) Contractor point of contact.

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

(6) .Interest

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

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

(iii) The Contracting Officer will issue a final decision if-

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer.

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR part 32 in effect on the date of this contract.

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

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

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

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

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

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

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

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

This paragraph does not give the Government any right to audit the Contractor's records.

The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(m) . The Government may terminate this contract, or any part hereof, Termination for cause for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon written request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. Subject to the terms of this contract, the Contractor shall be paid an amount computed under paragraph (i), Payments, of this clause, but the "hourly rate" for labor hours expended in furnishing work not delivered to or accepted by the Government shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified in paragraph (b)(4) of this clause, the portion of the "hourly rate" attributable to profit shall be 10 percent. In the event of termination for cause, the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

DFARS Clauses Incorporated by Full Text

Number Title Effective Alternate Variation

Date Deviation Effective Date

252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States.

2015-06

ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 2015)

(a) . " United States ," as used in this clause, means, the 50 States, the Definition District of Columbia , and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall-

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is -

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from HQDA-AT; telephone, DSN 222-9832 or commercial (703) 692-9832. For defense agency contracts: The appropriate agency security office.

(End of clause)

252.232-7006 Wide Area WorkFlow Payment 2023-01

Instructions.

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 Electronic invoicing.

process vendor payment requests and receiving reports, as 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 WAWF training.

Web-Based Training Course and use the Practice 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 WAWF methods of document submission.

entry, Electronic Data Interchange, or File Transfer Protocol.

(f) The Contractor shall use the following information WAWF payment instructions.

when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the Document type.

following document type(s):

(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.

(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.

Invoice 2in1

(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.

(3) The Contractor shall use the information in the Routing Data Document routing.

Table below only to fill in applicable fields in 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

HQ0672

Issue By DoDAAC

W564KV

Admin DoDAAC

W564KV

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)

(4) The Contractor shall ensure a payment request includes Payment request.

documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

the vendor and/or customer shall verify payment information in For Payment Information, the MyInvoice Module within PIEE. MyInvoice tutorials are located here:

Germany Language: https://youtu.be/wUfCFtFZepU

English Language: https://www.youtube.com/watch?v=sbYi85oRH5o

W564KV26RA006

https://youtu.be/wUfCFtFZepU https://www.youtube.com/watch?v=sbYi85oRH5o

For inquiries about overage "accepted" invoices in WAWF (over 30 calendar days from , send all requests to: invoice submission data AND acceptance date)

DFAS-EUROPE-CUSTOMERSERVICE@MAIL.MIL

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

Accepting Officer: TBD

Contracting Specialist: TBD

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

disa.global.servicedesk.mbx.eb-ticket-requests@mail.mil

(End of clause) mailto:DFAS-EUROPE-CUSTOMERSERVICE@MAIL.MIL

Addendum to 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services

FAR Clause 52.212-4 applies to all FFP CLINs. Alternate 1 to FAR Clause 52.212-4 applies to all T&M/LH CLINs. The following specific paragraphs of FAR Clause 52.212-4 are modified as follows:

(a) Paragraph (a) - Inspection/Acceptance: Performance of inspection and acceptance will be at the address shown in block 15 of the solicitation.

(b) Paragraph (b) - Assignment is replaced by DFARS Clause 252.232-7008 "Assignment of Claims (Overseas)."

(c) Paragraph (k) - Taxes, the contract price includes all applicable Federal, State and local taxes and duties, replaced by DFARS Clause 252.229-7001 "Tax Relief."

(d) Paragraph (w) - " " is herewith incorporated: The CORRESPONDENCE IN ENGLISH Contractor shall ensure submission of all correspondence addressed to the United contract States Government is in English or with an English translation.

*** END OF NARRATIVE ***

Addendum to Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.202-1 Definitions. 2020-06

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

2020-06

52.204-9 Personal Identity Verification of Contractor Personnel.

2011-01

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation)

2026-02

52.223-5 Pollution Prevention and Right-to-Know Information.

2024-05

52.225-14 Inconsistency between English Version and Translation of Contract.

2000-02

52.232-18 Availability of Funds. 1984-04

52.232-39 Unenforceability of Unauthorized Obligations.

2013-06

52.236-13 Accident Prevention. (Deviation) 2026-02

52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

1984-04

52.237-3 Continuity of Services. 1991-01

52.240-91 Security Prohibitions and Exclusions.

(Deviation)

2026-02

52.242-13 Bankruptcy. 1995-07

52.242-15 Stop-Work Order. 1989-08

DFARS Clauses Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. 1991-12

252.204-7003 Control of Government Personnel Work Product.

1992-04

252.204-7006 Billing Instructions-Cost Vouchers 2023-05

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

2023-01

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05

252.222-7002 Compliance with Local Labor Laws (Overseas).

1997-06

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09

252.225-7041 Correspondence in English. 1997-06

252.225-7048 Export-Controlled Items. 2013-06

252.229-7014 Full Exemption from Two-Percent Excise Tax on Certain Foreign Procurements.

2022-10

252.232-7008 Assignment of Claims (Overseas). 1997-06

252.233-7001 Choice of Law (Overseas). 1997-06

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

2023-01

252.242-7006 Accounting System Administration. 2025-01

252.243-7001 Pricing of Contract Modifications. 1991-12

252.244-7998 Contractor Purchasing System Administration. (DEVIATION 2026- O0015)

2026-02 Deviation 2026- O0015

2026-02

252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System.

2023-01

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.217-8 Option to Extend Services. 1999-11

Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor before expiration of the contract.

(End of clause)

52.217-9 Option to Extend the Term of the Contract.

2000-03

Option to Extend the Term of the Contract (Mar 2000)

The Government may extend the term of this contract by written notice to the Contractor (a) prior to the end of the period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least before the 30 days contract expires. The preliminary notice does not commit the Government to an extension.

Option for Additional Services - Separately Priced Line Items (CLINs 1001 - 2003): The Government may require performance of a numbered line item identified in the Schedule as an option item in the quantity, for the performance period, and at the price stated in the Schedule. The Government may exercise one (01) or more such option items at its discretion.

If the Government exercises this option, the extended contract shall be considered to (b) include this option clause.

The total duration of this contract, including the exercise of any options under this clause, (c) shall not exceed .36 months

(End of clause)

52.232-19 Availability of Funds for the Next Fiscal Year.

1984-04

Availability…