SOLICITATION W911N2-21-Q-0008.pdf

SEE ADDENDUM

(No Collect Calls)

W911N221Q0008 30-Dec-2020

b. TELEPHONE NUMBER

717-267-8357

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 11 Jan 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911N29. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JONATHAN K. CARROLL

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W25G1Q0302R001

ARE NOT ATTACHED

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

LETTERKENNY ARMY DEPOT

LETTERKENNY CONTRACTING OFFICE - ACC-RSA-LEAD

1 OVERCASH AVENUE, ATTN: CCAM-MLK, BLDG 2S

CHAMBERSBURG PA 17201-4150

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

717-2679834FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

811310

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF36

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W911N221Q0008

Section SF 1449 - CONTINUATION SHEET

SOLICITATION NOTES

1. System for Award Management (SAM): In accordance with FAR 4.1102, Offerors shall be registered in the SAM database in order to be eligible for contract award. No award will be made to an Offeror not registered.

Registration can be accomplished at https://www.sam.gov/portal/public/SAM/. Registration in this database shall remain active.

2. Annual Representations and Certifications: In accordance with FAR 4.1201, Offerors shall complete electronic annual representations and certifications within SAM as part of required registration. Registration in this database shall remain active and can be accessed at https://www.sam.gov/portal/public/SAM/.

3. Questions: Questions regarding this solicitation shall be submitted to the Contracting Officer, in writing, at least 5 calendar days prior to the closing date. Questions submitted after this time will be answered at the discretion of the Contracting Officer. The Contracting Officer for this action is Shaun R. Leatherman, shaun.r.leatherman.civ@mail.mil. The contract specialist for this action is Jonathan K. carroll, jonathan.k.carroll.civ@mail.mil.

4. Award without Discussions: The Government intends to award without discussions, offerors should submit their best prices in their initial offer. If FAR Provision 52.212-2, Evaluation-Commercial Items, is included, Offerors must submit all information requested therein in order for the Government to determine technical acceptability.

5. Amendments: The Offeror shall submit to the Contracting Officer signed copies of all amendments issued to this solicitation. Failure to comply may cause your proposal to be rejected.

6. Payment: Payment for this action will be made by Electronic Funds Transfer (EFT) through the Defense Finance and Accounting Services (DFAS) utilizing Wide Area Work Flow (WAWF). See 252.232-7006 for more information.

7. Period for Acceptance of Offers: The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

8. FOB Destination: Unless otherwise stated in the solicitation, Offerors shall provide FOB Destination prices.

9. Contact Information: A Contracting Officer's Representative (COR) will be appointed at the time of award. The successful Offeror will be furnished the COR name and contact information at the time of contract award.

10. Wage Determination: Wage Determination 2015-4253 (Rev.13) dated 06/10/2020 and is hereby incorporated.

Wage Determination can be viewed at http://www.bet.sam.gov.

11. Period of Performance: Periods of Performance are estimated and will be adjusted to coincide with the actual release date of the award.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

FOR

PREVENTIVE MAINTENANCE & REPAIR OF LASELEC WIRE MARKING MACHINE

1.0 General:

1.1 Scope: The Contractor shall provide all personnel, equipment, tools, materials, supervision, quality control and other items and non-personal services necessary to perform preventive maintenance and emergency repair of LASELEC Wire Marking Machine, Model MRO-200, Serial number MRO-12010 as defined in this PWS, except as specified in Paragraph 3.0 as Government Furnished. The contractor shall perform to the standards in this contract.

1.2 Background: Letterkenny Army Depot (LEAD) maintenance personnel can perform minor preventive maintenance, to include cleaning and checking certain components and replacing parts if necessary. But there are many major preventive maintenance measures that must be performed by a qualified LASELEC technician. In the past performance of this contract, LASELEC has dispatched a technician approximately once per year to, at a minimum, perform annual preventive maintenance.

1.3 Period of Performance (PoP): The Period of Performance shall be one Base Year of 12 months and four 12-month option years. The Period of Performance reads as follows:

1.3.1 Base Year: 18 Jan 2021 to 17 Jan 2022

1.3.2 Option Year One: 18 Jan 2022 to 17 Jan 2023

1.3.3 Option Year Two: 18 Jan 2023 to 17 Jan 2024

1.3.4 Option Year Three 18 Jan 2024 to 17 Jan 2025

1.3.5 Option Year Four 18 Jan 2025 to 17 Jan 2026

1.4 General Information:

1.4.1 Recognized Holidays: The observed dates for the following U.S. holidays are identified at the U.S. Office of Personnel Management Operating Status and Schedules website (http://www.opm.gov/Operating_Status_Schedules/fedhol/2017.asp).

• New Year’s Day

• Martin Luther King, Jr.’s Birthday

• Washington’s Birthday

• Memorial Day

• Independence Day

• Labor Day

• Columbus Day

• Veteran’s Day

• Thanksgiving Day

• Christmas Day

Services shall not be rendered on these days.

1.4.2 Place and Performance of Services: The contractor shall provide services between the hours of 06:30 - 15:45, Monday – Thursday, and 06:30 - 14:45 Eastern Standard Time, on our scheduled Friday, except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. The contractor will be expected to provide on-site services at Bldg. 370, Letterkenny Army Depot. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

1.4.3 Security Requirements: Contractor and all associated sub-contractor’s employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce shall comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes. Performance of work will require limited access to classified information or equipment.

Office Hours:

0700-1530 Monday to Thursday 0700-1430 1st Friday of Pay Period Closed 2nd Friday of Pay Period CAC Hours: (You Must Call to Schedule an Appointment: Jordan McGhee 7-8751) 0700-1530 Monday to Thursday 0700-1000 Fridays Remind visitors to have their driver's licenses and vehicle registration or rental keys available. The badge office is in bldg 2, in the same room as the CAC office, adjacent to it.

Badge Office Phone: 7-8003/8055 CAC Office Phone: 7-8751

1.4.3.1 Physical Security: The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.3.2 AT Level 1 Awareness Training: All contractor employees, to included subcontractor employees, requiring access to Army Installations, facilities, and controlled access areas shall complete AT Level 1 awareness training within 30 calendar days after contract start date and within 30 calendar days of new employees commencing performance. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training. AT level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html.

1.4.3.3 iWATCH Training: The contractor and all associated sub-contractors with an area of performance within an Army-controlled installation, facilities or area shall brief all employees on the local iWATCH program. This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR or contracting officer. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance. The contractor shall report completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within NLT 30 calendar days after contract award. Training website:

http://www.myarmyonesource.com/FamilyProgramsandServices/iWatchProgram/Default.aspx

1.4.3.4 OPSEC Training: Per AR 530-1, Operations Security, new contractor employees and associated sub-contractor employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training. Level 1 OPSEC training is available on the Letterkenny Army Depot homepage – https://www.letterkenny.army.mil/iwatch.html

1.4.4 Conservation of Utilities: The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.

1.4.5 Special Qualifications: The contractor shall ensure that all employees possess all required licenses for operating any equipment used in the performance of this contract. NOTE: The Government does not provide training to contractors. Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certified and qualified for the position in which they be serving. The contractor shall submit with the solicitation a certificate or license certifying that the vendor is a certified and/or licensed repairer/technician for the manufacturer listed in this PWS (OEM).

1.4.6 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with Federal Acquisition Regulations Subpart 42.5. The KO, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the Contacting Officer will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.7 Contract Manager (CM): The contactor shall provide a CM who shall ensure performance under this contract.

The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.4.8 Identification of Contractor Employees: All contact personnel attending meetings, answering Government telephones and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The contractor shall also ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.4.9 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5.

The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI.

The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

2.0 Definitions and Acronyms:

2.1.1 CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2 CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5 DELIVERABLE. Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.6 KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7 PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8 QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10 QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11 SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13 WORK WEEK. Biweekly a total of 80 hours, Monday thru Friday the first week and Monday thru Thursday the second week, complying to the Government’s work schedule unless specified otherwise.

2.2 ACRONYMS:

AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense FAR Federal Acquisition Regulation KO Contracting Officer OCI Organizational Conflict of Interest ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact

PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide the following utilities listed below:

3.1 Utilities: All utilities in the facility, such as electrical power for the use of hands tools, will be available for the contactor’s use in the performance of this contract.

3.2 Facilities: LEAD will provide clear access to the equipment to be serviced.

4.0 Contractor Furnished Property, Materials, Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1. The contractor is required to keep the working space clean and any waste generated by any preventive maintenance service or repair shall be disposed of properly by the contractor.

5.0 Requirements: The contractor shall provide all, labor, material, parts, and equipment necessary to perform annual preventive maintenance, on-site service and support, and perform repairs on the Laselec MRO-200 Wire Marking Machine, Serial number MRO-12010. All maintenance and repair shall be performed in accordance with and meet all original equipment manufacturer (OEM) specifications.

5.1 Annual Preventative Maintenance: The contractor shall be responsible for annual preventive maintenance and inspections on one (1) Laselec MRO-200 Wire Marking Machine, Serial number MRO-12010 during LEAD duty hours and in accordance with the Appendix A, Major Preventative Interventions, along with the LASELEC Operation and Maintenance Manual for Model MRO-200 (see section 6.0) as well as the OEM specifications.

Government personnel will still conduct weekly and monthly preventive maintenance and will continue to have the ability to perform in-house maintenance on the Laselec MRO-200 Wire Marking Machine, Serial number MRO- 12010 or related equipment listed in this PWS. If during a site visit the contractor identifies a damaged component, it will be changed on-site, if possible, and the service will be documented in the Service Engineer’s report that will be supplied to the COR within 5 business days of Preventative Maintenance. 100% of all mechanical, pneumatic, electric and electronics parts are covered under Annual Preventive Maintenance, whereas consumable parts are covered under CLIN 0003.

5.2 On-site Service and Support: The contractor shall provide on-site service and support to repair the Laselec MRO-200 Wire Marking Machine, Serial number MRO-12010. Each On-Site Service and Support visit shall be approximately two days in duration to allow for evaluation and repair. The contractor shall be responsible for furnishing all parts necessary to 100% repair within the same visit. If the contractor determined additional parts are necessary after on-site evaluation, the necessary parts are still required within the same visit. If an additional day is necessary for 100% repair, it shall be at no additional cost to the Government. The maximum allowable downtime of the equipment is 5 business days.

5.3 Parts Exclusive of Preventative Maintenance: If some components present a risk of obsolescence, the contractor shall inform the government by written notice; the repair of some malfunctions (as a result of obsolete parts) would be billed to the Parts Exclusive of Preventive Maintenance CLIN 0003. Any consumable parts that need to be replaced due to wear and tear will be billed under this CLIN. See Appendix B for consumable parts. Software will be considered as parts. The COR shall approve all parts costing more than fifty dollars ($50) each. Repair parts shall be billed as actual. Contractor shall provide original part invoice to COR. All Information Technology (IT) hardware and software needed to perform repairs and are specific this MRO-200 Marker shall comply with any and all US Army Information Assurance (IA) standards that are applicable at that point in time. This shall not be construed to mean that the contractor has exclusive rights to supply all parts needed to perform on-site maintenance. The Government reserves the right to procure parts required for maintenance performed in-house by most advantageous means.

5.4 Telephone Support: Telephone assistance with a product or software incident shall be offered at no additional charge to the during normal office working hours on working days and non bank holidays. This over the phone assistance will allow for a pre-diagnostic of the situation and may enable the technical correspondent to carry out small interventions. Software correction assistance and software updating assistance shall be supplied by the contractor. If diagnosis can be made by phone support but replacement parts are still required for 100% repair, parts will be ordered off the Parts Exclusive of Preventive Maintenance CLIN 0003. Lead time for shipment will be 2-3 business days from parts request.

5.5 Training: If preventative maintenance or a repair can be performed in one day, the contractor shall perform operator and maintenance training during the remaining time at no additional cost to the government.

5.6 Calibration: If any calibration is performed, a sticker with the date performed and expiry date shall be attached to the equipment.

5.7 Lead Time: Upon request, the Contractor shall carry out the servicing of the equipment within a maximum period of 4 working days.

5.8 Warranty: Repair parts will be Original Equipment Manufacturer (OEM) parts and all furnished parts will have a minimum of one year warranty commencing on the date of installation, with the exception of consumables parts

6.0 Applicable Publications: Publications applicable to this PWS are listed below:

1. The contractor is reminded that LEAD maintains a Safety Management System (SMS) and is either OHSAS 18001 or ISO 45001 certified. LEAD’s safety policy and safety program (LEAD-R 385-1) can be found at https://www.letterkenny.army.mil/visitors.html, it is the contractor’s responsibility to be familiar with these documents and to comply with their contents.

2. Any and all on site work at LEAD shall be completed in accordance with applicable OSHA, DoD, Army, and LEAD Safety requirements. As a federal installation, additional requirements other than OSHA apply to contractors performing work at LEAD. Examples include full conformance to all applicable NFPA standards, ANSI standards, and other consensus standards for the industry covered by this contract. It is the responsibility of the contractor to be familiar with all applicable standards prior to starting work.

Additionally, the contractor shall make themselves familiar with and comply with LEAD's local safety regulation LEAD-R 385-1 prior to the start of any work at LEAD.

3. The contractor shall not request that LEAD personnel bypass any safety devise or violate any safety standard without providing appropriate protective measures prior to the performance of work. Examples of prohibited practices include, requesting the change out of components without proper identification or isolation of hazardous energy such as electricity, hydraulic pressure, etc.

4. LEAD’s safety policy and safety program (LEAD-R 385-1) can be found at https://www.letterkenny.army.mil/visitors.html

LASELEC Operation and Maintenance Manual for Model MRO-200

TECHNICAL EXHIBIT 2

Deliverables Schedule

Deliverable Frequency

Number of

Copies

Medium/ Format Submit To

1.4.5.2 AT LEVEL 1

Awareness Training

Complete within 30 calendar days of contract start date and within 30 days of new employee start date

Electronic or hard copy of completion statement

Submit proof of training to COR

1.4.5.3 iWATCH Training

Complete within 30 calendar days of contract start date and within 30 days of new employee start date

Electronic or hard copy of completion statement

Submit proof of training to COR

1.4.5.4 OPSEC

Training

Complete within 30 calendar days of contract start date and within 30 days of new employee start date

Electronic or hard copy of completion statement

Submit proof of training to COR

5.1 Service Engineer’s

Report

Within 5 Business Days of Preventative Maintenance

Electronic or hard copy Submit to COR

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 1 Lot

ANNUAL PREVENTATIVE MAINTENCE

FFP

PROVIDE ALL LABOR, MATERIALS, PARTS, EQUIPMENT, AND FREIGHT

CHARGES ON PARTS TO PERFORM ANNUAL PREVENTIVE

MAINTENANCE ON LASELEC WIRE MARKING MACHINE, MODEL MRO-

200 - SERIAL NUMBER: MRO-12010 IAW OEM STANDARDS AND THE

PERFORMANCE WORK

STATEMENT. FREIGHT CHARGES WILL BE BILLED AS ACTUALS AND

APPROVED BY THE COR. CURATIVE VISIT LABOR AND PARTS NOT

INCLUDED IN APPENDIX B ARE INCLUDED IN THIS CLIN.

FOB: Destination

PURCHASE REQUEST NUMBER: W25G1Q0302R001

PSC CD: J049

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

0002 1 Lot

ON-SITE SERVICE AND SUPPORT

FFP

DO NOT PROVIDE PRICING ON THIS CLIN. THE NOT-TO-EXCEED COST

OF THE CLIN WILL BE SET BY THE GOVERNMENT. PROVIDE ALL

TRAVEL TO PERFORM ON SITE REPAIRS, TRAINING, AND SUPPORT ON

LASELEC WIRE MARKING MACHINE, MODEL MRO-200 - SERIAL

NUMBER: MRO-12010

IAW OEM STANDARDS AND THE PERFORMANCE WORK STATEMENT.

TRAVEL WILL BE CHARGED IAW THE JTR PER DIEM AMOUNTS ON

FOOD AND HOTEL RATES.

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

0003 1 Lot

PARTS EXCLUSIVE OF PM

FFP

DO NOT PROVIDE PRICING ON THIS CLIN. THE ESTIMATED COST OF

THE CLIN WILL BE SET BY THE GOVERNMENT. PROVIDE ALL PARTS

AND MATERIALS TO PERFORM AS NEEDED ON SITE SERVICE &

SUPPORT ON LASELEC WIRE MARKING MACHINE, MODEL MRO-200 -

SERIAL NUMBER: MRO-12010 IAW OEM STANDARDS AND THE

PERFORMANCE WORK STATEMENT. SEE APPENDIX B DOE

CONSUMABLE AND OPTICAL PARTS LIST.

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

1001 1 Lot

OPTION ANNUAL PREVENTATIVE MAINTENCE

FFP

PROVIDE ALL LABOR, MATERIALS, PARTS, EQUIPMENT, AND FREIGHT

CHARGES ON PARTS TO PERFORM ANNUAL PREVENTIVE

MAINTENANCE ON LASELEC WIRE MARKING MACHINE, MODEL MRO-

200 - SERIAL NUMBER: MRO-12010 IAW OEM STANDARDS AND THE

PERFORMANCE WORK

STATEMENT. FREIGHT CHARGES WILL BE BILLED AS ACTUALS AND

APPROVED BY THE COR. CURATIVE VISIT LABOR AND PARTS NOT

INCLUDED IN APPENDIX B ARE INCLUDED IN THIS CLIN.

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

1002 1 Lot

OPTION ON-SITE SERVICE AND SUPPORT

FFP

DO NOT PROVIDE PRICING ON THIS CLIN. THE NOT-TO-EXCEED COST

OF THE CLIN WILL BE SET BY THE GOVERNMENT. PROVIDE ALL

TRAVEL TO PERFORM ON SITE REPAIRS, TRAINING, AND SUPPORT ON

LASELEC WIRE MARKING MACHINE, MODEL MRO-200 - SERIAL

NUMBER: MRO-12010

IAW OEM STANDARDS AND THE PERFORMANCE WORK STATEMENT.

TRAVEL WILL BE CHARGED IAW THE JTR PER DIEM AMOUNTS ON

FOOD AND HOTEL RATES.

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

1003 1 Lot

OPTION PARTS EXCLUSIVE OF PM

FFP

DO NOT PROVIDE PRICING ON THIS CLIN. THE ESTIMATED COST OF

THE CLIN WILL BE SET BY THE GOVERNMENT. PROVIDE ALL PARTS

AND MATERIALS TO PERFORM AS NEEDED ON SITE SERVICE &

SUPPORT ON LASELEC WIRE MARKING MACHINE, MODEL MRO-200 -

SERIAL NUMBER: MRO-12010 IAW OEM STANDARDS AND THE

PERFORMANCE WORK STATEMENT. SEE APPENDIX B DOE

CONSUMABLE AND OPTICAL PARTS LIST.

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

2001 1 Lot

OPTION ANNUAL PREVENTATIVE MAINTENCE

FFP

PROVIDE ALL LABOR, MATERIALS, PARTS, EQUIPMENT, AND FREIGHT

CHARGES ON PARTS TO PERFORM ANNUAL PREVENTIVE

MAINTENANCE ON LASELEC WIRE MARKING MACHINE, MODEL MRO-

200 - SERIAL NUMBER: MRO-12010 IAW OEM STANDARDS AND THE

PERFORMANCE WORK

STATEMENT. FREIGHT CHARGES WILL BE BILLED AS ACTUALS AND

APPROVED BY THE COR. CURATIVE VISIT LABOR AND PARTS NOT

INCLUDED IN APPENDIX B ARE INCLUDED IN THIS CLIN.

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

2002 1 Lot

OPTION ON-SITE SERVICE AND SUPPORT

FFP

DO NOT PROVIDE PRICING ON THIS CLIN. THE NOT-TO-EXCEED COST

OF THE CLIN WILL BE SET BY THE GOVERNMENT. PROVIDE ALL

TRAVEL TO PERFORM ON SITE REPAIRS, TRAINING, AND SUPPORT ON

LASELEC WIRE MARKING MACHINE, MODEL MRO-200 - SERIAL

NUMBER: MRO-12010

IAW OEM STANDARDS AND THE PERFORMANCE WORK STATEMENT.

TRAVEL WILL BE CHARGED IAW THE JTR PER DIEM AMOUNTS ON

FOOD AND HOTEL RATES.

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

2003 1 Lot

OPTION PARTS EXCLUSIVE OF PM

FFP

DO NOT PROVIDE PRICING ON THIS CLIN. THE ESTIMATED COST OF

THE CLIN WILL BE SET BY THE GOVERNMENT. PROVIDE ALL PARTS

AND MATERIALS TO PERFORM AS NEEDED ON SITE SERVICE &

SUPPORT ON LASELEC WIRE MARKING MACHINE, MODEL MRO-200 -

SERIAL NUMBER: MRO-12010 IAW OEM STANDARDS AND THE

PERFORMANCE WORK STATEMENT. SEE APPENDIX B DOE

CONSUMABLE AND OPTICAL PARTS LIST.

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

3001 1 Lot

OPTION ANNUAL PREVENTATIVE MAINTENCE

FFP

PROVIDE ALL LABOR, MATERIALS, PARTS, EQUIPMENT, AND FREIGHT

CHARGES ON PARTS TO PERFORM ANNUAL PREVENTIVE

MAINTENANCE ON LASELEC WIRE MARKING MACHINE, MODEL MRO-

200 - SERIAL NUMBER: MRO-12010 IAW OEM STANDARDS AND THE

PERFORMANCE WORK

STATEMENT. FREIGHT CHARGES WILL BE BILLED AS ACTUALS AND

APPROVED BY THE COR. CURATIVE VISIT LABOR AND PARTS NOT

INCLUDED IN APPENDIX B ARE INCLUDED IN THIS CLIN.

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

3002 1 Lot

OPTION ON-SITE SERVICE AND SUPPORT

FFP

DO NOT PROVIDE PRICING ON THIS CLIN. THE NOT-TO-EXCEED COST

OF THE CLIN WILL BE SET BY THE GOVERNMENT. PROVIDE ALL

TRAVEL TO PERFORM ON SITE REPAIRS, TRAINING, AND SUPPORT ON

LASELEC WIRE MARKING MACHINE, MODEL MRO-200 - SERIAL

NUMBER: MRO-12010

IAW OEM STANDARDS AND THE PERFORMANCE WORK STATEMENT.

TRAVEL WILL BE CHARGED IAW THE JTR PER DIEM AMOUNTS ON

FOOD AND HOTEL RATES.

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

3003 1 Lot

OPTION PARTS EXCLUSIVE OF PM

FFP

DO NOT PROVIDE PRICING ON THIS CLIN. THE ESTIMATED COST OF

THE CLIN WILL BE SET BY THE GOVERNMENT. PROVIDE ALL PARTS

AND MATERIALS TO PERFORM AS NEEDED ON SITE SERVICE &

SUPPORT ON LASELEC WIRE MARKING MACHINE, MODEL MRO-200 -

SERIAL NUMBER: MRO-12010 IAW OEM STANDARDS AND THE

PERFORMANCE WORK STATEMENT. SEE APPENDIX B DOE

CONSUMABLE AND OPTICAL PARTS LIST.

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

4001 1 Lot

OPTION ANNUAL PREVENTATIVE MAINTENCE

FFP

PROVIDE ALL LABOR, MATERIALS, PARTS, EQUIPMENT, AND FREIGHT

CHARGES ON PARTS TO PERFORM ANNUAL PREVENTIVE

MAINTENANCE ON LASELEC WIRE MARKING MACHINE, MODEL MRO-

200 - SERIAL NUMBER: MRO-12010 IAW OEM STANDARDS AND THE

PERFORMANCE WORK

STATEMENT. FREIGHT CHARGES WILL BE BILLED AS ACTUALS AND

APPROVED BY THE COR. CURATIVE VISIT LABOR AND PARTS NOT

INCLUDED IN APPENDIX B ARE INCLUDED IN THIS CLIN.

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

4002 1 Lot

OPTION ON-SITE SERVICE AND SUPPORT

FFP

DO NOT PROVIDE PRICING ON THIS CLIN. THE NOT-TO-EXCEED COST

OF THE CLIN WILL BE SET BY THE GOVERNMENT. PROVIDE ALL

TRAVEL TO PERFORM ON SITE REPAIRS, TRAINING, AND SUPPORT ON

LASELEC WIRE MARKING MACHINE, MODEL MRO-200 - SERIAL

NUMBER: MRO-12010

IAW OEM STANDARDS AND THE PERFORMANCE WORK STATEMENT.

TRAVEL WILL BE CHARGED IAW THE JTR PER DIEM AMOUNTS ON

FOOD AND HOTEL RATES.

FOB: Destination

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4003 1 Lot

OPTION PARTS EXCLUSIVE OF PM

FFP

DO NOT PROVIDE PRICING ON THIS CLIN. THE ESTIMATED COST OF

THE CLIN WILL BE SET BY THE GOVERNMENT. PROVIDE ALL PARTS

AND MATERIALS TO PERFORM AS NEEDED ON SITE SERVICE &

SUPPORT ON LASELEC WIRE MARKING MACHINE, MODEL MRO-200 -

SERIAL NUMBER: MRO-12010 IAW OEM STANDARDS AND THE

PERFORMANCE WORK STATEMENT. SEE APPENDIX B DOE

CONSUMABLE AND OPTICAL PARTS LIST.

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

1001 N/A N/A N/A N/A

1002 N/A N/A N/A N/A

1003 N/A N/A N/A N/A

2001 N/A N/A N/A N/A

2002 N/A N/A N/A N/A

2003 N/A N/A N/A N/A

3001 N/A N/A N/A N/A

3002 N/A N/A N/A N/A

3003 N/A N/A N/A N/A

4001 N/A N/A N/A N/A

4002 N/A N/A N/A N/A

4003 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

OCT 2020

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

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

JUN 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (NOV 2020) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-5 Evaluation Of Options JUL 1990 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons OCT 2020 52.222-55 Minimum Wages Under Executive Order 13658 NOV 2020 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

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

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

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

SEP 2014

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items OCT 2020 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS:

Paragraph (c) is changed to read: Period for acceptance of offers. The Offeror agree to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(End of Addendum)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

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

(4) 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 which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or 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, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(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…