SPRTA122Q0166.pdf

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Liner, Augmentor Com Federal contract opportunity
Solicitation number
SPRTA1-22-Q-0166
Issued by
Defense Logistics Agency Aviation

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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.

SPRTA1-22-Q-0166

2. DATE ISSUED

3 FEB 2022

3. REQUISITION/PURCHASE REQUEST NO.

FD20302200749

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: Keith Russ/DLA-AOAA keith.russ@us.af.mil Phone: (405) 855- 7163

6. DELIVERY BY (Date)

SEE SCHEDULE

SCD:B

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

NAME

Keith Russ

b. COMPANY

TELEPHONE NUMBER

AREA CODE

(405 )

NUMBER

855 -7163

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)

9 MAR 2022

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

FMS REQUIREMENT

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

NAICS CODE: 336412

SIZE STD: 1,500

NEW MANUFACTURE ONLY - - Surplus Not Authorized / Early Delivery Acceptable / Critical Safety Item / IUID Required

Qualification requirements may be found under clause 52.209-1. You are REQUIRED to be “EXPORT CONTROLLED" certified in order to receive and view the drawings for this solicitation. The web site for registration is http://www.dlis.dla.mil/jcp/. Engineering Instructions and Engineering Data List will be available to certified contractors via www.beta.sam.gov. Contractor can request controlled data from the Buyer by submitting an approved DD2345, or proof of current certification in Joint Certification Program.

Due to export control restrictions, the Engineering Data List (EDL) and drawings can only be obtained through https://sam.gov via secure link to the solicitation notice for view only by vendors authorized to view export controlled data.

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. SPRTA122Q0166

DUE: 9 -MAR -2022

FROM: AFFIX

STAMP

HERE

TO:

ATTN: Keith Russ/DLA-AOAA

DLA AVIATION AT OKLAHOMA CITY, OK

DLR PROCUREMENT OPERATIONS (AO)

3001 STAFF DRIVE

TINKER AFB OK 73145-3070

SPRTA1-22-Q-0166

SUPPLIES OR SERVICES AND PRICES/COSTS

Qualification Requirements apply. Evaluation of offers and award will be made to only the source(s) that has successfully completed all qualification requirements prior to award. The Government will NOT delay contract award to review pending Source Approval Requests (SARs).

First Article Waiver: First article waiver will be considered for offerors who have previously furnished production quantities in the last 36 months of the same or similar articles to the Government, provided articles thus furnished have exhibited satisfactory performance in service, in the opinion of the Air Force. Offerors who have previously furnished production quantities of the same or similar article to the prime contractor for delivery to the Government.

Also, First article testing is waived if the offeror is the prime contractor, Pratt & Whitney.

First Article Note: First Article Offeror will be accepted under Bid A (CLINs 0001AA, 0001AB, 0001AC, 0001AD and 0001AE). If your company meets the condition for First Article Waiver, please propose under Bid B (CLIN 0002).

PRICING NOTE 1: In order to maintain unit price integrity, contractor must individually price Line Items or clearly state that there is a "ZERO DOLLAR CHARGE" for these items.

Informational - New Manufacture, Basic Item

Bid A - First Article Required Item No.

Firm Fixed Price

NSN: 2840-01-308-4469 NZ

LINER,AUGMENTOR COM

The liner protects the convergent seal assemblies from high exhaust gas temperatures .

cobalt base alloy Manufacturer Part Number 00518 4078304

0JWE8 4078304

98500 4078304 Associated Document(s) Line Item(s)

FD20302200749 0001

Priority: E Foreign Military Sales :FMS Case:

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

First Article Test Report

Bid A - First Article Required Item No.

0001AA

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

CLIN ACRN ACRN Total

0001AA AB

Data First Article Test Report IAW DD Form 1423-1 attached hereto Associated Document(s) Line Item(s)

First Article Test Report

Bid A - First Article Required

FD20302200749 0007

Priority: E

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection Foreign Military Sales :FMS Case:PT-D-TBD

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

* FA8111 DESTINATION

Type / Ship To PACRN Mark For

* FA8111 FA MONITOR

Type / Ship To Quantity (U/I) *ARO Government approval of Test Plan Req No / Pri

Required Delivery

* FA8111 1 LO *120 Calendar Days Non-MilStrip

Proposed Delivery

* FA8111 1 LO

NOTE 1: A combination of an invoice and Inspection & Acceptance Receiving Reports shall be submitted using Wide Area Workflow (WAWF) in order to receive payment for data reports.

NOTE 2: TAC: D586

First Article Test Plan

Bid A - First Article Required Item No.

0001AB

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

CLIN ACRN ACRN Total

0001AB AB

Data First Article Test Plan IAW DD Form 1423-1 attached herto Associated Document(s) Line Item(s)

FD20302200749 0006

Priority: E

Limitations of Liability: Other Than High Value Item

First Article Test Plan

Bid A - First Article Required

Inspection: Origin Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection Foreign Military Sales :FMS Case:PT-D-TBD

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

* FA8111 DESTINATION

Type / Ship To PACRN Mark For

* FA8111 FA MONITOR

Type / Ship To Quantity (U/I) *ARO Contract Req No / Pri

Required Delivery

* FA8111 1 LO *30 Calendar Days Non-MilStrip

Proposed Delivery

* FA8111 1 LO

NOTE 1: A combination of an invoice and Inspection & Acceptance Receiving Reports shall be submitted using Wide Area Workflow (WAWF) in order to receive payment for data reports.

NOTE 2: TAC: D586

First Article Unit (Expended)

Item No.

0001AC

Firm Fixed Price Quantity U/I Unit Price Amount

1 EA

CLIN ACRN ACRN Total

0001AC AB

NSN: 2840-01-308-4469 NZ

First Article First Article - Same as Basic item above Associated Document(s) Line Item(s)

FD20302200749 0003

Priority: E

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)

First Article Unit (Expended)

Bid A - First Article Required Title Number Date Tailoring

AS9100 9100

Foreign Military Sales :FMS Case:PT-D-TBD 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.

* TBDTBD ORIGIN

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

* TBDTBD PAB FA MONITOR

Type / Ship To Quantity (U/I) *ARO Contract Req No / Pri

Required Delivery

* TBDTBD 1 EA *120 Calendar Days DPTP5403160060 / PRI: 3

Proposed Delivery

* TBDTBD 1 EA

NOTE 1: First article test requirements shall be per LPF-QAR-003 and the following: All first articles shall be inspected in accordance with the requirements of paragraphs 3.1, 3.2, 3.3, 3.4, and 3.5 of LPF-QAR-003. The assembly detail part numbers (if an assembly), shall be inspected per paragraphs 3.1, 3.2, 3.3, 3.4, and 3.5 of LPF-QAR -003 prior to assembly. After completion of inspections above, First Article shall be destructively tested/evaluated in accordance with the requirements of paragraph 3.6 of LPF-QAR-003.

NOTE 2: The First Article offered must be manufactured at the facilities in which the 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.

NOTE 3: The Contractor shall notify the Government 30 days prior to start of testing by notifying the DCMA ACO.

NOTE 4: Ensure the words "FIRST ARTICLE" are marked on the outside of the box in large red conspicuous letters.

NOTE 5: Inspection & Acceptance Receiving Reports shall be submitted using Wide Area Workflow (WAWF).

NOTE 6: TAC: D586 / LOA: PT-D-RBQ/001

First Article Units (Non-Expended)

Item No.

0001AD

Firm Fixed Price Quantity U/I Unit Price Amount

2 EA

First Article Units (Non-Expended)

Bid A - First Article Required CLIN ACRN ACRN Total

0001AD AB

NSN: 2840-01-308-4469 NZ

First Article First Article - Same as Basic item above Associated Document(s) Line Item(s)

FD20302200749 0002

Priority: E

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)

Foreign Military Sales :FMS Case:PT-D-RBQ 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.

* DPT006 ORIGIN

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

* DPT006 PAB DPTP00

Type / Ship To Quantity (U/I) Sooner *ARO Contract Req No / Pri

Required Delivery

* DPT006 2 EA *120 Calendar Days DPTP5403160060 / PRI: 3

Proposed Delivery

* DPT006 2 EA

NOTE 1: The quantity of the First Article exhibit for Line Item 0001AD will be considered part of the contract quantity if the First Articles on Line Item 0001AD are approved by the Government as required by FAR Clause 52.209-3.

NOTE 2: First article test requirements shall be per LPF-QAR-003 and the following: All first articles shall be inspected in accordance with the requirements of paragraphs 3.1, 3.2, 3.3, 3.4, and 3.5 of LPF-QAR-003. The assembly detail part numbers (if an assembly), shall be inspected per paragraphs 3.1, 3.2, 3.3, 3.4, and 3.5 of LPF-QAR -003 prior to assembly.

NOTE 3: The First Article offered must be manufactured at the facilities in which the 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.

NOTE 4: The contractor SHALL NOT take any action on Line Item 0001AE, 0003, and 0004 until approval/disapproval is received for the First Article unit required in the above line items.

NOTE 5: The Contractor shall notify the Government 30 days prior to start of testing by notifying the DCMA ACO.

NOTE 6: Ensure the words "FIRST ARTICLES" are marked on the outside of the box in large red conspicuous letters.

NOTE 7: Inspection & Acceptance Receiving Reports shall be submitted using Wide Area Workflow (WAWF).

NOTE 8: TAC: D586 / LOA: PT-D-RBQ/001

New Manufactured Material - Production Units

Item No.

0001AE

Firm Fixed Price Quantity U/I Unit Price Amount

26 EA

CLIN ACRN ACRN Total

0001AE AB

NSN: 2840-01-308-4469 NZ

Production Units Production Units - Same as the Basic item above cobalt base alloy Associated Document(s) Line Item(s)

FD20302200749 0001

Priority: E

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)

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.

* DPT006 ORIGIN

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

* DPT006 PAB DPTP00

Type / Ship To Quantity (U/I) On or Before Req No / Pri

Required Delivery

* DPT006 26 EA 18 APR 2022 DPTP5403160060 / PRI:

Proposed Delivery

New Manufactured Material - Production Units

Bid A - First Article Required

* DPT006 26 EA

NOTE 1: Inspection & Acceptance Receiving Reports shall be submitted using Wide Area Workflow (WAWF).

NOTE 2: TAC: D586 / LOA: PT-D-RBQ/001

New Manufactured Material

Bid B - First Article NOT Required Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

28 EA

CLIN ACRN ACRN Total

0002 AB

NSN: 2840-01-308-4469 NZ

LINER,AUGMENTOR COM

The liner protects the convergent seal assemblies from high exhaust gas temperatures .

cobalt base alloy Manufacturer Part Number 00518 4078304

0JWE8 4078304

98500 4078304 Associated Document(s) Line Item(s)

FD20302200749 0001

Priority: E

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)

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.

* DPT006 ORIGIN

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

* DPT006 PAB DPTP00

Type / Ship To Quantity (U/I) On or Before Req No / Pri

Required Delivery

New Manufactured Material

Bid B - First Article NOT Required

* DPT006 28 EA 18 APR 2022 DPTP5403160060 / PRI:

Proposed Delivery

* DPT006 28 EA

NOTE 1: Inspection & Acceptance Receiving Reports shall be submitted using Wide Area Workflow (WAWF).

NOTE 2: TAC: D586 / LOA: PT-D-RBQ/001

Bid C Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

26 EA

CLIN ACRN ACRN Total

0003 AA

NSN: 2840-01-308-4469 NZ

LINER,AUGMENTOR COM

The liner protects the convergent seal assemblies from high exhaust gas temperatures cobalt base alloy Manufacturer Part Number 00518 4078304

0JWE8 4078304

98500 4078304 Associated Document(s) Line Item(s)

FD20302200749 0004

Priority: E

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)

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.

* DPT006 ORIGIN

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

* DPT006 PAB DPTP00

New Manufactured Material

Bid C Type / Ship To Quantity (U/I) On or Before Req No / Pri

Required Delivery

* DPT006 26 EA 18 APR 2022 DPTP5402640006 / PRI:

Proposed Delivery

* DPT006 26 EA

NOTE 1: Inspection & Acceptance Receiving Reports shall be submitted using Wide Area Workflow (WAWF).

NOTE 2: TAC: D586 / LOA: PT-D-RBR/001

Bid C Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

37 EA

CLIN ACRN ACRN Total

0004 AC

NSN: 2840-01-308-4469 NZ

LINER,AUGMENTOR COM

The liner protects the convergent seal assemblies from high exhaust gas temperatures cobalt base alloy Manufacturer Part Number 00518 4078304

0JWE8 4078304

98500 4078304 Associated Document(s) Line Item(s)

FD20302200749 0005

Priority: E

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)

Foreign Military Sales :FMS Case:PL-D-QAP 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.

* DPL002 ORIGIN

Type / Ship To PACRN Mark For

New Manufactured Material

Bid C

* DPL002 PAB DPLW00

Type / Ship To Quantity (U/I) On or Before Req No / Pri

Required Delivery

* DPL002 37 EA 18 APR 2022 DPLW5Z13435505 / PRI:

Proposed Delivery

* DPL002 37 EA

NOTE 1: Inspection & Acceptance Receiving Reports shall be submitted using Wide Area Workflow (WAWF).

NOTE 2: TAC: DFMS / LOA: PL-D-QAP/009

SHIP TO (FOREIGN MILITARY SALES)

TYPE/CODE: * DPL002

SUPPLEMENTAL ADDRESS CODE: DA2QAP

FMS CASE CODE/LOA: PL-D-QAP/009

MAPAC SHIP TO CODE: DPL002

MAPAC MARK FOR: DPLW00

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

AWARD NUMBER:

TYPE/CODE: * DPT006

SUPPLEMENTAL ADDRESS CODE: DA6RBQ

FMS CASE CODE/LOA: PT-D-RBQ/001

MAPAC SHIP TO CODE: DPT006

MAPAC MARK FOR: DPTP00

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

AWARD NUMBER:

TYPE/CODE: * FA8111

SUPPLEMENTAL ADDRESS CODE: TBDTBD

FMS CASE CODE/LOA: PT-D-TBD/001

MAPAC SHIP TO CODE: FA8111

MAPAC MARK FOR: FA MONI

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

AWARD NUMBER:

TYPE/CODE: * TBDTBD

SUPPLEMENTAL ADDRESS CODE: TBDTBD

FMS CASE CODE/LOA: PT-D-TBD/001

MAPAC SHIP TO CODE: TBDTBD

MAPAC MARK FOR: FA MONI

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

AWARD NUMBER:

CONTRACT CLAUSES

5352.201-9101 OMBUDSMAN (OCT 2019)

(IAW AFFARS 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/AOCA’s CA/ombudsman can be reached at (405) 734-8241, facsimile (405) 734-8129. 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

(SEP 2013)

(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 AND OTHER COVERED

ENTITIES (NOV 2021)

(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))

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 (DEC 2019)

(IAW DFARS 204.7304(c))

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (MAY 2016)

(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 2021)

(IAW DFARS 204.2105(c))

252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)

(IAW DFARS 204.7304(e))

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.

52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995)

(IAW FAR 9.206-2)

(a) Definition: "Qualification Requirement," as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.

Item No Agency Name/Address

0001 AFSC/SB

Attn: Source Development Specialist 3001 Staff Dr Ste 1AG85A Tinker AFB, OK 73145

0002 AFSC/SB

Attn: Source Development Specialist 3001 Staff Dr Ste 1AG85A Tinker AFB, OK 73145

0003 AFSC/SB

Attn: Source Development Specialist 3001 Staff Dr Ste 1AG85A Tinker AFB, OK 73145

0004 AFSC/SB

Attn: Source Development Specialist 3001 Staff Dr Ste 1AG85A Tinker AFB, OK 73145

(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.

Offeror's Name ______________________________

Manufacturer's Name _________________________

Source's Name ______________________________

Item Name _________________________________

Service Identification _________________________

Test Number _______________________________ (to the extent known)

(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government's best interests.

(e) If an offeror, manufacturer, source, product, or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government's interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.

(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.

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

0001AC

0001AD

1 EA

2 EA

(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.

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

0001AA FA8111 120

(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.

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(NOV 2015)

(IAW FAR 9.108-5(b))

252.209-7010 CRITICAL SAFETY ITEMS (AUG 2011)

(IAW DFARS 209.270-5)

(b) Identification of critical safety items. One or more of the items being procured under this contract is an aviation or ship critical safety item. The following items have been designated aviation critical safety items or ship critical safety items by the designated design control activity:

Line Item Description

0001 NSN: 2840-01-308-4469 NZ

0002 NSN: 2840-01-308-4469 NZ

0003 NSN: 2840-01-308-4469 NZ

0004 NSN: 2840-01-308-4469 NZ

FIRST ARTICLE TEST, CERTIFICATION AND DISPOSITION REQUIREMENTS

(FEB 1998)

(IAW FAR 9.308-2)

Test criteria are as follows:

Item No(s) Test Criteria/Technical Requirements

0001AA

0001AB

0001AC

0001AD

IAW CDRL 1423-1

IAW CDRL 1423-1

See Below See Below

Performance or other characteristics which the First Articles must meet are:

Identified in drawing 4078304, sub-tier drawings (if an assembly) and specifications identified therein.

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

Engineering data and specifications specified on the contract technical data package, and LPF-QAR-003.

Disposition of the First Article shall be as follows:

Item No(s) Quantity Approved

0001AC 1 EA Destructively tested first article assets will be condemned and disposed of at vendor's facility.

0001AD 2 EA Approved First Article Units will be forwarded to Contractor for shipment with production items.

Item No(s) Quantity Disapproved

N/A

FIRST ARTICLE APPLICABILITY AND/OR CONDITIONS FOR WAIVER (FEB 2013)

(IAW FAR 9.306(c))

(a) First Article Testing is a requirement of this contract. This requirement may be waived by the Contracting Officer, if the bidder/offeror meets any one of the conditions for waiver listed below *** and in the instance of a prior contract, not more than __*__ months have elapsed since the completion of that contract:

*Item No *Months Since Completion of Contract 0001 36

(b) Bidders who meet the conditions for waiver set forth below shall submit a bid or proposal on Bid/Offer "B" which does not require compliance with the First Article Approval provision set forth herein and furnish the following information in the individual solicitation: Contract No. __________________________, Contract Item No. _________, Date of Contract.

__________, Name & Address of Government Agency issuing the Contract.

_____________________________________________________________________________________________Failure to include this information will render the IFB(s) non-responsive and may cause rejection of RFP(s).

(c) Bidders/offerors who do not meet the conditions for waiver set forth below shall submit a bid on Bid/Offer, “A” which includes compliance with First Article Approval.

(d) Performance or other characteristics, which the First Article must meet, and detailed technical data requirements for testing of the First Article (including necessary data to be submitted in First Article Test Report, if applicable) are as set forth in this solicitation.

(e) The approved First Article ___**___ serve as a manufacturing standard.

**Item No **Serve as a Manufacturing Standard

0001 WILL NOT

(f) Waivers

***Item No ***Conditions for Waiver 0001 Offerors who have previously furnished production quantities of the same or similar article to the prime contractor for delivery to the GOVT 0001 Offerors who have previously furnished production quantities of the same or similar articles to the

GOVT, provided articles thus furnished, have exhibited satisfactory performance in service in the opinion of the Air Force.

0001 First article testing is waived if the offeror is the prime contractor, Pratt & Whitney.

52.211-5 MATERIAL REQUIREMENTS (AUG 2000)

(IAW FAR 11.304)

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 (MAR 2016)

(IAW DFARS 211.274-6(a)(1), 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 http://www.acq.osd.mil/dpap/pdi/uid/iuid/equivalents.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 http://www.acq.osd.mil/dpap/pdi/uid/uii_types.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) (JAN 2022)

(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 Other Covered Entities (NOV 2021) (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) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

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

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

(vii) 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).

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

(ix) 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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (NOV 2021).

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (JAN 2022)

(ix) 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) 52.204-10, 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).

(ii) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract).

(iii) 52.222-20, 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).

(iv) 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).

(v) 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.)

(vi) 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).

(vii) 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).

(viii)(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).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (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 and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP) will be—

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) (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 (JUN 2016) (E.O. 13693) (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) 52.225-1, Buy American—Supplies (NOV 2021) (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 FAR 2.101 on the date of award of this contract, and the acquisition—

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

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, 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).

(xix) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (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).

(xx) 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.)

(xxi) 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.

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