SPRTA1-25-Q-0091.pdf

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DAMPENER, FLUTTER
Solicitation number
SPRTA1-25-Q-0091
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This is a Request for Quotation (RFQ) package for SPRTA1-25-Q-0091 issued by DLA Aviation at Oklahoma City for a Dampener Flutter device (NSN: 1650-01-008-0686) used in aircraft rudder control. The solicitation requires Boeing Rights Guard certification for accessing technical data and includes First Article Testing requirements for 2 units.

The RFQ was issued on January 24, 2025 with responses due by March 10, 2025. This is a total small business set-aside under NAICS 336413 with a size standard of 1,250 employees. The procurement requires delivery of 5 units (with potential range of 2-11 units) and includes First Article Testing requirements. Delivery is required by February 27, 2026. The package includes detailed requirements for first article testing, material certification, certificate of compliance, packaging specifications, and WAWF payment instructions. Technical data access requires Boeing Rights Guard certification, with contractors needing to submit a request to the Contracting Officer with a signed certification agreement. Award will be based primarily on price, with technical factors being significantly less important than cost.

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AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (Rev. 6-95) Previous edition not usable Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

J

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDEX

1. REQUEST NO.

SPRTA1-25-Q-0091

2. DATE ISSUED

24 JAN 2025

3. REQUISITION/PURCHASE REQUEST NO.

FD20302400972

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2 AND/OR

DMS REG.1

RATING

DO: A1

5a. ISSUED BY CODE: SPRTA1

DLA AVIATION AT OKLAHOMA CITY, OK

DLR PROCUREMENT OPERATIONS (AO)

3001 STAFF DRIVE

TINKER AFB OK 73145-3070

BUYER: Michael Hannan/DLA-AOBB michael.hannan.1@us.af.mil Phone: (405) 855- 7126

6. DELIVERY BY (Date)

SEE SCHEDULE

SCD:B

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

NAME

Michael Hannan

b. COMPANY

TELEPHONE NUMBER

AREA CODE

(405 )

NUMBER

855 -7126

8. TO

a. NAME

7. DELIVERY

FOB DESTINATION OTHER

(See Schedule) X

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

c. CITY

d. STATE e. ZIP CODE

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS (Date)

10 MAR 2025

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

d. CITY e. STATE

c. COUNTY

c. TITLE (Type or print) NUMBER

b. STREET ADDRESS

a. NAME OF QUOTER

CAGE:

13. NAME AND ADDRESS OF QUOTER

NOTE: Additional provisions and representations are are not attached.X

14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print) b. TELEPHONE

AREA CODE

d. CALENDAR DAYS

NUMBER PERCENTAGE

c. 30 CALENDAR DAYS (%)b. 20 CALENDAR DAYS (%)a. 10 CALENDAR DAYS (%)12. DISCOUNT FOR PROMPT

PAYMENT

SEE SCHEDULE

Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 120 days.

NAICS CODE: 336413

SIZE STD: 1,250

This is a Boeing Rights Guard requirement. You are REQUIRED to be RIGHTS GUARD certified in order to receive/view the Technical Data Package (TDP) or drawings for this solicitation. Contact the Contracting Officer, Michael Hannan, at michael.hannan.1@us.af.mil to submit a request for the TDP. Ensure Attachment "A" is signed and included in your request.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (Rev. 6-95) Previous edition not usable Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

FOLD FOLD

SOLICITATION NO. SPRTA125Q0091

DUE: 10 -MAR -2025

FROM: AFFIX

STAMP

HERE

TO:

ATTN: Michael Hannan/DLA-AOBB

DLA AVIATION AT OKLAHOMA CITY, OK

DLR PROCUREMENT OPERATIONS (AO)

3001 STAFF DRIVE

TINKER AFB OK 73145-3070

SPRTA1-25-Q-0091

PART I - THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

It is the intention of DLA Aviation at Oklahoma City to allow a 45-Day Solicitation period for Boeing Rights Guard applicable acquisitions to submit requests for, and receive, the BRG Technical Data Package CD-ROM. This additional time over-and-above the standard 30-day Solicitation timeframe is a courtesy and serves as constructive notice that it is the affirmative responsibility of potential offerors to monitor sam.gov and quickly process requests for the BRG Technical Data Package CD-ROM and that Solicitation Closing Dates WILL NOT be extended for the sole-purpose to allow for additional time to propose.

Award of a New Manufacture, Fixed-Quantity, Firm Fixed-Price contract is contemplated.

Notice of Range Quantity Solicitation: The current required quantity is 5 ea. However, the final required quantity may change. Therefore, offeror(s) are required to propose prices for the specific quantity ranges identified in the Solicitation. The current overall possible quantity range for this acquisition is a between a Minimum quantity of 2 ea and Max quantity of 11 ea., to include First Articles. If the specific quantity ranges identified in the Solicitation do not provide the best pricing option for your company business model, then the contractor has the option of identifying within Provision 52.207-4, those suggested quantity ranges, for informational/planning purposes only, that yield your best prices to the Government.

Offeror(s) are still required to submit proposals for the specific quantity ranges identified in the solicitation.

The Final fixed-quantity of this requirement is at the sole discretion of the Government and the Government reserves the right to award no contract at all depending on the quality and prices of proposal(s) received. The final buy quantity will be re-evaluated and determined upon receipt of proposal(s) and the closing date of the Solicitation.

NOTES APPLICABLE TO FIRST ARTICLE 0001AA - 0001AD

There is a requirement for a First Article Test Report, Certificate of Compliance, Material Certification. After the Non-Expended Testing has been performed by the contractor in accordance with 52.209-3 (Contractor Test), the FA item is to be shipped to Hill AFB. The Government will perform a Proper Fit/Function Test in accordance with 52.209-4 (Government Test). If the First Article Report and Fit Check are approved, this exhibit will remain on the aircraft and will not be forwarded to USAF supply but will be considered part of the contract quantity. The contractor shall not proceed with production quantities until notice of First Article approval is received from the Contracting Officer.

Contractor's notification to ACO and this office (423 SCMS/GUEA) of test time and location due 30 days prior to start of testing

The First Article offered must be manufactured at the facilities in which that item is to be produced under the contract, or if the First Article is a component not manufactured by the contractor, such component must be manufactured at the facilities in which the component is to be produced for the contract. A certification to this effect must accompany each First Article which is offered.

The Contractor shall notify the Government 45 days prior to shipping the asset by notifying:

Tinker.First.Article@us.af.mil.

Informational CLIN Only

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

EA

NSN: 1650-01-008-0686

DAMPENER, FLUTTER

to dampen control tab flutter in an airplane rudder aluminum/steel Manufacturer Part Number 81205 65-8353-8 Associated Document(s) Line Item(s)

FD20302400972 0001

Priority: R Applicability: None ;

Buy American Act/Balance of Payments Program IUID Required: Yes Class I ODS Substance Application/Use Quantity None None None

First Article Test Units (Contractor Testing)

Item No.

0001AA

Firm Fixed Price Quantity U/I Unit Price Amount

2 EA

CLIN ACRN ACRN Total

0001AA AB

NSN: 1650-01-008-0686

DAMPENER, FLUTTER

to dampen control tab flutter in an airplane rudder aluminum/steel Manufacturer Part Number 81205 65-8353-8 Associated Document(s) Line Item(s)

FD20302400972 0002

Priority: R

Limitations of Liability: Other Than High Value Item

First Article Test Units (Contractor Testing)

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: A quality system compliant with AS9100, ISO 9001:2015, ISO 9001:2008, or equivalent are acceptable.

Compliance is demonstrated by certification or third party audit find findings, such as from a DCMA QMS audit.

Applicability: None ;

Buy American Act/Balance of Payments Program IUID Required: Yes

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3210 ORIGIN

Class I ODS Substance Application/Use Quantity None None None Type / Ship To PACRN Mark For A SW3210 PAA Account 09 Type / Ship To Quantity (U/I) Sooner *ARO Contract Req No / Pri

Required Delivery

A SW3210 2 EA *180 Calendar Days Non-MilStrip

Proposed Delivery

A SW3210 2 EA

- First Article Units that pass Government will be considered production quantity and retained by the USAF.

- First Article Units that are disapproved by the Government will be returned to contractor.

******* END OF LINE ITEM 0001AA *******

First Article Test Report (Contractor Testing)

Item No.

0001AB

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

CLIN ACRN ACRN Total

0001AB AB

Data First Article Test Report Associated Document(s) Line Item(s)

FD20302400972 0003

Priority: R

Inspection: Destination Acceptance: Destination Receiving Report Required

First Article Test Report (Contractor Testing)

Quality Assurance: Standard Inspection

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A FA8111 ORIGIN

Type / Ship To PACRN Mark For A FA8111 first article monitor Type / Ship To Quantity (U/I) *ARO Contract Req No / Pri

Required Delivery

A FA8111 1 LO *180 Calendar Days Non-MilStrip

Proposed Delivery

A FA8111 1 LO

- First Article Units that pass Government will be considered production quantity and retained by the USAF.

- First Article Units that are disapproved by the Government will be returned to contractor.

******* END OF LINE ITEM 0001AB *******

Certificate of Compliance

Item No.

0001AC

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

CLIN ACRN ACRN Total

0001AC AB

Data Certificate of Compliance Associated Document(s) Line Item(s)

FD20302400972 0004

Priority: R

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A FA8111 ORIGIN

Type / Ship To PACRN Mark For A FA8111 first article monitor Type / Ship To Quantity (U/I) *ARO Contract Req No / Pri

Certificate of Compliance

Required Delivery

A FA8111 1 LO *180 Calendar Days Non-MilStrip

Proposed Delivery

A FA8111 1 LO

******* END OF LINE ITEM 0001AC *******

Material Certification

Item No.

0001AD

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

CLIN ACRN ACRN Total

0001AD AB

Data

MATERIAL OF CERTIFICATION

Associated Document(s) Line Item(s)

FD20302400972 0005

Priority: R

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A FA8111 ORIGIN

Type / Ship To PACRN Mark For A FA8111 first article monitor Type / Ship To Quantity (U/I) *ARO Contract Req No / Pri

Required Delivery

A FA8111 1 LO *180 Calendar Days Non-MilStrip

Proposed Delivery

A FA8111 1 LO

******* END OF LINE ITEM 0001AD *******

Contractor will not proceed with production of CLIN 0002 until notified in writing that the First Article Units in CLIN 0001AA and reports due for CLINs 0001AB-0001AD have been received and accepted. The contractor will be notified of First Article Report and Units acceptance and authorization to proceed with production.

The required quantity may change, therefore contractor should provide an offer to the following ranges. If the quantity ranges provided in this solicitation do not provide the best pricing option, then the contractor should submit quantity ranges that yield the best prices to the Government based on the Min quantity of (2) each and Max quantity of (11) each including the current required quantity of (5) each. See FAR clause 52.207-4. The final quantity of this solicitation will be re-evaluated upon receipt of contractors' offers and closing of the solicitation.

Production Units

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price

5 EA

Minimum Quantity Maximum Quantity CLIN ACRN ACRN Total

0002 AB

NSN: 1650-01-008-0686

DAMPENER, FLUTTER

to dampen control tab flutter in an airplane rudder aluminum/steel Manufacturer Part Number 81205 65-8353-8 Associated Document(s) Line Item(s)

FD20302400972 0001

Priority: R

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: A quality system compliant with AS9100, ISO 9001:2015, ISO 9001:2008, or equivalent are acceptable.

Compliance is demonstrated by certification or third party audit find findings, such as from a DCMA QMS audit.

Applicability: None ;

Buy American Act/Balance of Payments Program IUID Required: Yes Physical Item Markings:

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3210 ORIGIN

Class I ODS Substance Application/Use Quantity None None None Type / Ship To PACRN Mark For

Production Units

A SW3210 PAA Account 09 Type / Ship To Quantity (U/I) On or Before Req No / Pri

Required Delivery

A SW3210 5 EA 27 FEB 2026 Non-MilStrip

Proposed Delivery

A SW3210 5 EA

UID REQUIREMENT: The Government does not intend to tell contractors the specific data to be put into each mark.

International Standards and MIL-STD-130 provide the guidance needed by the contractor to determine what information is required within the mark and acceptable formats for applying the mark. It is the contractor's discretion on which UID construct to use according to current business practices. Still, "The preferred format for Unique Identification (UID) is Construct 2 (Issuing Agency Code, Enterprise Identification [CAGE Code], Original Part Number, and Serial Number) as set forth by MIL-STD-130N (or later revision) and the DOD Guide to Uniquely Identifying Items, version 3.0, December 2014 (or later revision). UID shall be in addition to the original Human Readable Information and applied using comparable marking methods. Application of UID markings shall in no way compromise item integrity."

Inspection & Acceptance Receiving Reports shall be submitted using Wide Area Workflow (WAWF).

******* END OF LINE ITEM 0002 *******

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: A FA8111

FA8111 AFLCMC LZPED

3001 STAFF DR STE 1AF1 105A

CP 405 736-7455

TINKER AFB OK 73145-3303

USA

MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)

AWARD NUMBER:

TYPE/CODE: A SW3210

DLA DISTRIBUTION DEPOT HILL

7537 WARDLEIGH RD BLDG 849W

CML 385 519 8898

HILL AFB UT 84056-5734

USA

MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)

AWARD NUMBER:

PART I - THE SCHEDULE

SECTION D

PACKAGING AND MARKING

Note: For Shipping/Packaging Instructions – See attached Form AFMC 158

PART I - THE SCHEDULE

SECTION E

INSPECTION AND ACCEPTANCE

FIRST ARTICLE TEST, CERTIFICATION AND DISPOSITION REQUIREMENTS (FEB 1998)

(IAW FAR 9.308-2)

Test criteria are as follows:

Lot/Item Contractor Test/Inspection Requirements 0001AA Performance or other characteristics which the First Articles must meet are

DEFINED BY ENGINEERING DWG: DOCUMENTED IN FIRST ARTICLE INSPECTION (TEST)

REPORT. The detailed technical requirements for First Article approval tests are contained in

ENGINEERING DWG AND GOVERNMENT EVALUATION

Disposition of the First Article shall be as follows:

Lot/Item Approved 0001AA First Articles will be installed on aircraft/equipment to determine proper fit/function.

Approved article will remain on the aircraft/equipment and will not be forwarded to USAF Supply, but will be considered part of the contract quantity

Lot/Item Disapproved 0001AA Will be returned to the contractor

(The above Clause/Provision has been modified.)

52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

(IAW FAR 46.302)

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

(IAW FAR 46.316)

INSPECTION AND ACCEPTANCE (SEP 1999)

(IAW FAR 46.401(b), FAR 46.503)

Government Contract Quality Assurance Inspection and Acceptance will be at (Final):

[CONTRACTOR FILL-IN]

Item No(s): See schedule for items with the following code(s) listed below :

Inspection Code and Address:

Government Contract Quality Assurance Inspection and Acceptance will be at destination(s) specified herein (Final).

Item No(s): 0001AB, 0001AC, 0001AD

PART I - THE SCHEDULE

SECTION F

DELIVERIES OR PERFORMANCE

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

(IAW FAR 42.1305(c))

52.247-30 F.O.B. ORIGIN, CONTRACTOR'S FACILITY (FEB 2006)

(IAW FAR 47.303-2(c))

52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT--SMALL PACKAGE SHIPMENTS (JAN 1991)

(IAW FAR 47.303-17(f))

F.O.B. ORIGIN (OCT 1993)

(IAW FAR 47.305(b))

Any supply item applicable to this document shall be delivered F.O.B. at:

F.O.B. Address:

[CONTRACTOR FILL-IN]

PART I - THE SCHEDULE

SECTION G

CONTRACT ADMINISTRATION DATA

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(IAW DFARS 232.7004(b), PGI 232.7004(b)(1), DFARS 212.301(f)(liii))

(a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow

(WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov ; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

SEE DFARS CLAUSE 252.232-7003 (b)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

SEE SCHEDULE, SECTION B

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SEE FRONT PAGE OF AWARD Issue By DoDAAC SEE FRONT PAGE OF AWARD Admin DoDAAC SEE FRONT PAGE OF AWARD Inspect By DoDAAC SEE SCHEDULE SECTION B Ship To Code SEE SCHEDULE SECTION B Ship From Code SEE SCHEDULE SECTION B Mark For Code SEE SCHEDULE SECTION B Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC SEE SCHEDULE SECTION E LPO DoDAAC N/A DCAA Auditor DoDAAC CONTACT LOCAL DCMA OFFICE Other DoDAAC(s) N/A

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g.

timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

SEE FRONT PAGE OF AWARD

(g) WAWF point of contact.

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

CONTACT LOCAL DCMA OFFICE

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(The above Clause/Provision has been modified.)

ACCOUNTING AND APPROPRIATION DATA (AUG 1998)

Accounting and Appropriation Chargeable ACRN Funds Citation Amount Chargeable

AB 97 X4930 FC04 64 5 47 GT 159999 01N000 00000 GGGTTT 503000 F03000 $0.00

PSR: K38830 FSR: 013352 DSR: 321745 CIN: F3YCAB4347A0050000AB

ACRN TOTAL $ 0.00

Note: For Transportation Instructions – See attached DD Form 1653

PART II - CONTRACT CLAUSES

SECTION I

CONTRACT CLAUSES

5352.201-9101 OMBUDSMAN (JUN 2023)

(IAW DAFFARS 5301.9103)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern.

The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) The Competition Advocate (CA) at each contracting activity/office (as defined in DLAD 2.101) shall act as the ombudsman and attempt to resolve contractor complaints. DLA AVIATION/AOB’s CA/ombudsman can be reached at (405) 855-3552.

Complaints which cannot be so resolved shall be forwarded to the HQ through J-72 for resolution by the DLA competition advocate. Each activity is responsible for developing procedures for executing the duties and responsibilities of its local ombudsman.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements.

Such inquiries shall be directed to the contracting officer.

(The above Clause/Provision has been modified.)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017)

(IAW FAR 3.909-3 (b))

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(SEP 2011)

(IAW DFARS 203.171-4(a), DFARS 212.301(f)(ii))

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(DEC 2022)

(IAW DFARS 203.970)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUN 2020)

(IAW FAR 4.1403(a))

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(IAW FAR 4.1105(b))

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(IAW FAR 4.1804(c), FAR 12.301(d))

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

(IAW FAR 4.1202(b))

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(NOV 2021)

(IAW FAR 4.1903)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES

(DEC 2023)

(IAW FAR 4.2004)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(IAW 4.2105(b))

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

(IAW FAR 4.2203)

52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS- PROHIBITION

(DEC 2023)

(IAW FAR 4.2306(c))

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

(IAW DFARS 204.404-70(a))

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

(IAW DFARS 204.404-70(b))

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING DEVIATION 2024-O0013, REVISION 1 (MAY 2024)

(IAW Class Deviation 2024-O0013 Rev. 1)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (JAN 2023)

(IAW DFARS 204.7403(b), DFARS 212.301(f)(i)(F))

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)

(IAW DFARS 204.2105(c))

252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023)

(IAW DFARS 204.7304(e))

252.204-7021 Contractor Compliance with the Cybersecurity Maturity Model Certification Level

Requirement (JAN 2023) (IAW DFARS 204.7503(a) and 204.7503(b))

(a) Scope. The Cybersecurity Maturity Model Certification (CMMC) CMMC is a framework that measures a contractor’s cybersecurity maturity to include the implementation of cybersecurity practices and institutionalization of processes (see https://www.acq.osd.mil/cmmc/index.html).

(b) Requirements. The Contractor shall have a current (i.e. not older than 3 years) CMMC certificate at the CMMC level required by this contract and maintain the CMMC certificate at the required level for the duration of the contract.

(c) Subcontracts. The Contractor shall—

(1) Insert the substance of this clause, including this paragraph (c), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services, excluding commercially available off-the-shelf items; and

(2) Prior to awarding to a subcontractor, ensure that the subcontractor has a current (i.e., not older than 3 years) CMMC certificate at the CMMC level that is appropriate for the information that is being flowed down to the subcontractor.

252.204-7022 EXPEDITING CONTRACT CLOSEOUT (MAY 2021)

(IAW DFARS 204.804-70)

(a) At the conclusion of all applicable closeout requirements of Federal Acquisition Regulation 4.804, the Government and Contractor shall mutually agree on the residual dollar amount remaining on the contract. Both the Government and Contractor agree to waive payment of any residual dollar amount of $1,000 or less to which either party may be entitled at the time of contract closeout.

(b) A residual dollar amount includes all money owed to either party at the end of the contract and as a result of the contract, excluding amounts connected in any way with taxation or a violation of law or regulation.

(c) For purposes of determining residual dollar amounts, offsets (e.g., across multiple contracts or orders) may be considered only to the extent permitted by law.

52.209-3 FIRST ARTICLE APPROVAL--CONTRACTOR TESTING (SEP 1989)

(IAW FAR 9.308-1(a)(1), FAR 9.308-1(b)(1))

(a) The Contractor shall test ** unit(s) of Lot/Item * as specified in this contract. At least *** calendar days before the beginning of first article tests, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the testing so that the Government may witness the tests.

*Lot/Item ***Calendar Days Before Test **Quantity

0001AA 30 2

(b) The Contractor shall submit the first article test report within ___**___ calendar days from the date of this contract to ___***___ marked "FIRST ARTICLE TEST REPORT: Contract No. ____________ Lot/Item No. ___*___” Within ___****___ calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

*Lot/Item ****Approval Days ELIN No.

0001AB 90

FA Test Report Item ***Type/Location **Calendar Days

FA8111 180

(c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all first article tests. After each request for additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall then conduct the tests and deliver another report to the Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time specified in paragraph (b) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article report on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed in testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance.

(f) If the Government does not act within the time specified in paragraph (b) or (c) above, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for

(1) progress payments, or

(2) termination settlements if the contract is terminated for the convenience of the Government.

(h) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government. The offeror/contractor may request a waiver.

(The above Clause/Provision has been modified.)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(NOV 2015)

(IAW FAR 9.108-5(b))

52.211-5 MATERIAL REQUIREMENTS (AUG 2000)

(IAW FAR 11.302)

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

(IAW FAR 11.604(b)) This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(IAW DFARS 211.274-5(a), DFARS 212.301(f)(xii))

(a) Definitions. As used in this clause—

“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.

“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.

(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

See Schedule as Applicable

(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

*Items less than $5000, which require UID, will be specifically identified in the schedule.

See Schedule as Applicable

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number _____( or See Schedule as Applicable).

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number _____( or See Schedule as Applicable).

(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or (iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/ .

(2) Embedded items shall be reported by one of the following methods—

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number ______, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES) (AUG 2024)

(IAW FAR 13.302-5(d))

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub.

L. 117-328), unless the agency grants an exception - see paragraph (b) of 52.204-27.

(v) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) (Pub. L.

115–390, title II).

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

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

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

(ix) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(x) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(xi) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(xii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C.

3805 note).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.233-1, Disputes (May 2014).

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (Dec 2023).

(viii) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

(ii) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)(Pub. L.

109-282) ( 31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(iii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iv) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (Jun 2020) ( 41 U.S.C.chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S.

Virgin Islands).

(v) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vi) 52.222-36, Equal Employment for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(viii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(ix) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(x) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.))).

(xi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2024) ( 42 U.S.C. 11001-11050 and 13101-13109) (Applies to services performed on Federal facilities).

(xiii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products as prescribed at FAR 23.110(d)(1)).

(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xv) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l) (Applies to contracts when the agency identifies in the statement of work, or elsewhere in the contract, the sustainable products and services that apply to the acquisition).

(xviii) (A) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition-

(1) Is set aside for small business concerns; or

(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).

(B) Alternate I (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a) of 52.225-1: (A) The cost of its components mined, produced, or manufactured in the United States exceeds ____ percent of the cost of all its components. [ Contracting officer to insert the percentage per instructions at 13.302-5(d)(4). ])

(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xx) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xxi) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C.

55305)(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system).

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/affars

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only 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. The Government must exercise its postacceptance rights—

(1) Within a reasonable period of 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.

(e) 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 of 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.

(f) 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 a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, 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.

(g) 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.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

(IAW FAR 15.209(h))

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

(IAW FAR 19.507(c))

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2023)

(IAW FAR 19.309(c))

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code ________ assigned to contract number _______________.

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

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