Solicitation - W912L925QA008.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)

Created On:

21 Mar 2025, 12:32 PM Central Daylight Time

Solicitation/Contract Form Continuation

Food Service Equipment

W912L925QA008

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Product Service Description: Atlanta Kitchen Equip

Vary Item Product Number: Various Pricing Arrangement: Firm Fixed Price

1 Each

Continuation of Description

Statement of Work - Request for Proposals

Hamilton County Readiness Center- Kitchen Equipment and Installation

2600 E. 276th Street

Atlanta, IN 46031

1. The Hamilton County ReadinessCenter will be complete in September 2025. The new building is designed with a Project Purpose:

commercial grade kitchen to servethe needs of the soldiers stationed in the facility. The construction of the building and kitchendoes not include the equipment needed to make the kitchen a complete and usablefacility. The equipment will be providedby a vendor outside of the construction contract. This Readiness Center housesthe Indiana Army National Guard's 38th Division Sustainment Brigade,and the 38th Signal Company, and several civilian support agencies.

2. This contract seeks to provide, install, and connect,the required equipment to make this kitchen functional for food service tosupport the Indiana National Guard and the soldiers stationed at the HamiltonCounty Readiness Center.

3. Kitchen Equipment:

a. This contract seeks to supply, install, and connect kitchenequipment identified in the Kitchen Equipment Schedule and the .KitchenEquipment Layout

b. Use both sources to compile the information needed toplace a quote for this work.

c. The Kitchen Equipment List specifies all equipment forthis contract.

d. The Kitchen Equipment Layout shows the intendedposition for each piece of equipment.

e. The Kitchen Equipment Schedule is the basis ofdesign. This includes the preferredmanufacture, model, or series.

i. The accepted manufactures and series product allshow the basis of design and is the minimum quality standard that the ownerwill accept.

ii. Proposals must include equipmentidentified on the Kitchen Equipment Schedule. ALL

iii. All equipment should match the information providedin the Kitchen Equipment Schedule.

Ensure all equipment meets or exceeds thebasis of design for sizes, color, quality, and warranty.

f. Substitution to the Kitchen Equipment Schedule will beconsidered if the basis of design items are not available or cannot be obtainedas part of this contract.

i. Substitutions that meet this exception, shall beequal to the listed manufacturer in capability, quality, standard color range,structure, finish level, size and warranty.

4. MaterialStandards:

a. Allequipment will be delivered, assembled, and installed in accordance with themanufacture's recommendations. Provideand install all accessary components to fully comply with manufacture'srecommendations and make each piece of equipment fully functional.

b. Kitchenequipment shall be self-supporting, possess adequate stability, and providefault-free performance.

c. Kitchenequipment shall be installed in accordance with the manufacture's writtenrecommendations. Provide and install allaccessary components for a complete installation. I.

e., power cords, plumbing connections, etc.

d. Installation is to begin as soon as material andfurnishings are available. And when the owner representative notifies theKitchen Equipment contractor that the kitchen space is available for equipmentinstallation.

5. Proposal Schedule:

a. Quotes Requested: 1 April 2025

b. Deadline for Substitution requests: 17 April, 2025

c. Resolution on Substitution requests: 24 April, 2025

d. Deadline to receive quotes via email or mail: 1 May, 2025.

e. Projected Start of Installation Date: 1 July, 2025

f. Installation isto begin when Owner Representative gives authorization to begin delivery andinstallation.

6. Contact:

a. Owner Representative:

MichaelDaake, 317508 3421, Michael.b.daake.civ@army.mil

b. CFMO Office Address:

TyndallArmory

INNGCFMO - 2nd Floor

711N. Pennsylvania Street

Indianapolis,IN 46204

Attn: Michael Dake

7. Contract Provisions:

a. Thisstatement of work shall be used in conjunction with the Kitchen Layout Drawingand Kitchen Equipment Schedule. Include inthe quote any costs for drawings, shipping, on-site delivery, movement ofmaterial, assembly of furnishings, quality management, permitting, supervisionservices, materials, tools, equipment, testing, labor required to complete thiswork and final close out documentation. Failureto include additional costs to complete the task does not constitute anUnforeseen Condition, and the owner will not be responsible for the additionalcosts.

b. Kitchen Equipment Quotes must include the supply,delivery, assembly, and installation of all equipment on the Kitchen EquipmentSchedule. The Kitchen EquipmentContractor is responsible for making final connection to building plumbing,electrical and mechanical system.

c. Deliveries willnot be accepted by the owner representative or other Indiana National Guardpersonnel. The Kitchen Equipmentcontractor must accept responsibility for all material associated with thiscontract.

d. Theintent for this contract is a lump sum payment at the completion of theinstallation.

i. Installationwill not be considered complete until all items have been received, installed,and inspected by owner and Kitchen Equipment contractor representative.

ii. Partialpayments can be negotiated if some items have exceptionally long lead times.

e. Provideoperating, maintenance and cleaning instructions for National Guardpersonnel.

Anticipate training to takeplace on a Saturday or Sunday, after installation, when the National Guardcooks are on duty. Video tapeinstructions for owner's future use. Provide the owner with a digital copy (MP4 format) of said instructionsfor all kitchen equipment on the Kitchen Equipment Schedule. A digital link will be provided so KitchenEquipment Contractor can upload digital training videos. Consolidate all manufacturer warranties, operatinginstructions and maintenance instructions for all equipment and provide hardcopies to owner in a three-ring binder. Two (2) sets of hard copies in 3-ringbinders.

f. Instructionand video will cover operation and capabilities of equipment, cleaning and careand any maintenance necessary for the equipment.

g. Generally,comply with Hamilton County Board of Health standards for kitcheninstallations. The Hamilton CountyReadiness Center will not be subject to Board of Health inspections, becausethe public cannot be served by the equipment housed in this kitchen.

h. Site Visit: Inspect the site where the work is to beperformed. Site visits can be arrangedby contacting the owner representative.

i. Itis highly encouraged to visit the site prior to presenting a quote to properlyevaluate, and verify the conditions of the building, site restrictions, unloading area, storage, installation and staging, and any other conditions.

ii. Ignorance ofexisting site conditions will not constitute unforeseen conditions.

i. Warranty: Allwork shall be completed in a workmanlike manner according to generally acceptedstandard trade practices.

Guaranteethe material and workmanship for a minimum of one (1) year following the dateof substantial completion.

Substantialcompletion is defined as completed to a point where the owner can beneficiallyutilize all equipment. Substantialcompletion will not occur until owner and Kitchen Equipment Contractor conducta walk through after installation. All equipment will be put into operation/testedas part of the walk through.

i. Punch list items must be corrected beforeSubstantial Completion.

j. Kitchen EquipmentContractor is responsible for removing all kitchen equipment related waste Trash Removal and Clean-up:

fromthe site.

i. Maintain the site in a clean, neat, orderlycondition, daily. All debris, scraps,and packaging materials will be kept in appropriate containers or appropriatelystockpiled while on site and properly disposed of as soon as appropriate. Kitchenequipment installation contractor is responsible for disposal of all packagingmaterials.

ii. Any loose materials must be secured untilproperly disposed. Kitchen EquipmentContractor will ensure all kitchen equipment related debris is removed from thesite in accordance with all local, state, and federal ordinances, rules,regulations, and other requirements.

iii. Provide waste removal services. Do not use the ReadinessCenter's dumpster or construction dumpsters.

k. The KitchenEquipment Contractor will be responsible for any damage to the building,building Responsibility While Working:

exterior or landscaping which occurs during delivery, assembly, orinstallation of kitchen equipment.

i. Identifyany existing damage to the building by means of a pre-installation and deliverywalk-through. If damage is observed prior to delivery, photograph the damage,and contact the owner representative.

8. Sequence of Work:

a. Fieldverify all required mechanical, electrical and plumbing connection points priorto ordering kitchen equipment. Ensure that drains, Electrical connections, andwater supply connections are accessible.

b. Ensurethere is a clear path of travel from equipment drop off site to finaldestination in kitchen.

i. Kitchenequipment placement must not impact building egress routes oraccessibility. Resolution to egressquestions will be made by the A/E or owner's representative.

c. Coordinateand schedule the delivery of kitchen equipment to Hamilton County ReadinessCenter.

Kitchen Equipment Contractor isresponsible for receiving and inspecting equipment when delivered. Damaged equipment is the responsibility ofthe Kitchen Equipment contractor, not the owner.

d. Ensurethat the delivery of equipment is complete and accurate. Shortages are the responsibility of theKitchen Equipment contractor, not the owner.

e. Assembleall kitchen equipment according to the manufacture's recommendations for bestassembly practices.

f. Installall kitchen equipment as per the Kitchen Equipment Layout drawing.

g. KitchenEquipment Contractor will provide all electrical, water or gas connections.Provide connection extensions as required to make equipment operational.

h. Removeall trash, debris, packaging, crating and dispose in proper fashion, daily.

i. Testeach piece of kitchen equipment for proper function. Coordinate testing with owner representativeso testing can be observed.

9. Existing Conditions and Building Limitations:

a. Thisis a new building and will be under a one-year construction warranty. Do not perform work in the Readiness Centerthat could void manufactures or trade warranties of the constructioncontract.

i. Forwarranty related questions on the construction contract, refer to the owner'srepresentative.

b. Jobsite safety standards will be enforced by the owner representative.

c. Coordinateaccess to Hamilton County Readiness Center in advance with the ownerrepresentative.

Entry into the facilitywill be granted by the owner representative. The Kitchen Equipment

Contractor will not receive keys to thebuilding.

d. KitchenEquipment Contractor will have access to the Hamilton County Readiness Center Mondaythrough Friday between the hours of 7:30- 4:00. Closed on Federal Holidays. Alternatetimes can be negotiated with the owner representative.

e. Thekitchen has a 3' 8" x 7' 0" door with direct access to the exterior of thebuilding. This is the only entrance/exitthe kitchen equipment installer will use.

f. Buildingsystems will be operational during the receiving/installation phases of thiscontract. The use of the ReadinessCenter, and its systems is a shared responsibility of the contractor preformingthe work. Maintain and care for allaffected systems during this period of performance. I.e., if air conditioningis cooling the building, the Kitchen Equipment contractor will not propexterior doors open.

10. Compliance Requirements:

a. KitchenEquipment Contractor will ensure that applicable regulations and codes arefollowed throughout delivery, assembly, and installation of kitchen equipment.

b. TheReadiness Center is a non-smoking facility. The Kitchen Equipment Contractor will ensure all personnel performingwork as part of the Kitchen Equipment contract only smoke in designated areasoutside the Readiness Center.

c. Therestrooms in the Readiness Center will be fully functional by the time the kitchenequipment installation begins. KitchenEquipment contractor personnel will be allowed to use a specific restroom. Kitchen Equipment contractor will providepaper goods for the Kitchen Equipment contractor employees conducting theinstallation. Kitchen equipmentcontractor will be responsible

d. KitchenEquipment contractor will not use the kitchen equipment beyond putting eachpiece into operation for testing purposes.

11. ProposedDeliverables:

a. KitchenEquipment contractor will provide a comprehensive Kitchen Equipment proposalfor all items on the Kitchen Equipment schedule. Kitchen Equipment proposal will include costfor each item, cost for shipping, cost for assembly/installation and overheadcosts. The Indiana National Guard is atax-exempt organization.

b. Lead time for all items. Provide a lead time in days from theacceptance of the contract to installation completion.

i. What is the lead time from date of contract todate of installation in number of days?

Include weekends and holidays.

c. Proposals need to include all items found on theKitchen Equipment Schedule for a complete contract. Provide the quote total cost, lead time for acomplete installation, and provide any cost savings measures for the owner toconsider to shorten lead times or contract amount.

d. Proposal will list items in the same order provided onthe Equipment List.

e. Spec sheets for each item will be collated into asingle PDF document in the same order provided on the Equipment list. For Spec sheets that cover multiple models ofthe same product, the specific model will be in a manner to make it easy toidentify.highlighted

f. Color Selection and product information. Confirm that material, textures and patternsand colors listed are available to be included within this contract.

g. Quote Format: Mirror the equipment list and provide in Excel format. Kitchen Equipment contractor will provide aconsolidated quote that includes a picture of each item and the detaileddescription and accessories.

12. Determiningthe Most Responsive Proposal.

a. Thefollowing criteria will be used to determine a best value proposal:

i. Cost, the most cost-effective proposal based onthe standards issued for bid.

ii. Lead time of delivery and installation.

1. Howmany calendar days are required to complete this work from signed contract tocompletion in number of days?

Requirements This contract seeks to provide, install, and connect, the required equipment to make this kitchen functional for food service to support the Indiana National Guard and the soldiers stationed at the Hamilton County Readiness Center.

Product Service Code: 7310

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: The Hamilton County Readiness Center will be complete in September 2025. The new building is designed with a commercial grade kitchen to serve the needs of the soldiers stationed in the facility. The construction of the building and kitchen does not include the equipment needed to make the kitchen a complete and usable facility. The equipment will be provided by a vendor outside of the construction contract. This Readiness Center houses the Indiana Army National Guard's 38th Division Sustainment Brigade, and the 38th Signal Company, and several civilian support agencies.

DoDAAC: W56PEF CountryCode: USA

W8AV INARNG ELEMENT, JFHQ

2002 SOUTH HOLT ROAD, BLDG 12 STOUT FIELD

INDIANAPOLIS, IN 46241-4839

UNITED STATES

CW3 Michael Volk Email: michael.k.volk.mil@army.mil Telephone: 317-247-3300 x 74431

Continuation of Deliveries or Performance

Delivery Period Delivery Date 01 Jul 2025

Ship To

Party to Pay Transportation Cost: Government

Point Type: Origin (Shipping Point)

Line Item Delivery Schedule Quantity Address and POC Special Handling/Notes

Delivery Period From 01 Jul 2025 to 31 Jul 2025

1 Each Ship To DoDAAC: W56PEF CountryCode: USA

W8AV INARNG ELEMENT, JFHQ

2002 SOUTH HOLT ROAD, BLDG 3

STOUT FIELD

INDIANAPOLIS, IN 46241-4839

UNITED STATES

CW3 Michael Volk Email: michael.k.volk.mil@army.mil Telephone: 317-247-3300 x 74431

FoB Details

Party to Pay Transportation Cost:

Contractor

Point Type: Destination

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023

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

Jan 2023

252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Feb 2024 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024

FAR Clauses Incorporated by Full Text

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

(Alternate I)

(Nov 2023) Alternate I (Nov 2021)

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

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

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

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

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

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

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

(B) Terminate this contract for cause.

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

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

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

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

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

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

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

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

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

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

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

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

(iii) "Materials" means-

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

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

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

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

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

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

(i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

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

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

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

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

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

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

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

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

(ii) Materials.

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

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (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-

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

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

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

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

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

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

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause:____[Insert each element of other direct costs (e.g., travel, computer usage charges, etc.

Insert "None" if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert 'None'."]

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price:____[Insert a fixed amount for the indirect costs and payment schedule.

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

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

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

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

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

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

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

(B) The Contractor's timekeeping procedures;

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

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

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

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

(B) Any documents supporting payment of those invoices.

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

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

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

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

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

(D) Contractor point of contact.

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

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

(viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion invoice" and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise.

The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.

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

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

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

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

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

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

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

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

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

DFARS Clauses Incorporated by Full Text

252.211-7003 Item Unique Identification and Valuation. (Jan 2023)

As prescribed in 211.274-5(a), use the following clause:

ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) Definitions. As used in this clause-

"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

"Concatenated unique item identifier" means-

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO) /International Electrotechnical Commission (IEC) 16022.

"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD.

All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.

"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

" Enterprise " means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

" Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.

"Government's unit acquisition cost" means-

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.

"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

" Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(If items are identified in the Schedule,…