SOL_AMEND_W911N219Q00170002.pdf

SEE ADDENDUM

(No Collect Calls)

W911N219Q0017 28-Jan-2019

b. TELEPHONE NUMBER

717-267-5583

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 18 Feb 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911N29. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

THOMAS C. HALL

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SEE SCHEDULE

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

LETTERKENNY ARMY DEPOT

LETTERKENNY CONTRACTING OFFICE - ACC

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

CHAMBERSBURG PA 17201-4150

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W91FVA 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DIRECTORATE OF INDUSTRIAL OPERATIONS

TODD WIGTON

LETTERKENNY ARMY DEPOT,

BLDG 350 ANNEX

CHAMBERSBURG PA 17201

TEL: 717-267-5508 FAX:

717-2679834FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$20,500,000

NAICS:

811219

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF33

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W911N219Q0017

Section SF 1449 - CONTINUATION SHEET

SOLICITATION NOTES

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

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

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

3. Questions: Questions regarding this solicitation shall be submitted to the Contracting Officer, in writing, at least 10 calendar days prior to the closing date. Questions submitted after this time will be answered at the discretion of the Contracting Officer. The Contracting Officer for this action is Shaun Leatherman at email:

shaun.r.leatherman.civ@mail.mil and CC Contract Specialist Jonathan Carroll at email:

jonathan.k.carroll.civ@mail.mil.

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

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

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

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

8. Set- Aside: The proposed contract is 100% set-aside for small business concerns.

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

10. Wage Determination: Wage Determination 2015-4253 (REV.-9), dated 12/26/2018 and is hereby incorporated.

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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot

CALIBRATION AND PREVENTATIVE MAINTENANCE

FFP

PROVIDE ALL LABOR, MATERIALS, AND EQUIPMENT REQUIRED FOR

ANNUAL CALIBRATION, INSPECTION AND PREVENTATIVE

MAINTENANCE OF THE ENVIRONMENTAL CHAMBER IN

ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.

FOB: Destination

NSN: AASSVC901601E0

MILSTRIP: W25G1Q901601E0

PURCHASE REQUEST NUMBER: W25G1Q901601E0

PSC CD: J066

NET AMT

0002 40 Lot

NON-EMERGENCY REPAIR SUPPORT

T&M

PROVIDE ALL LABOR AND EQUIPMENT REQUIRED FOR NON-

EMERGENCY REPAIR OF THE ENVIRONMENTAL CHAMBER IN

ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.

**PAYMENT WILL BE MADE IN ACCORDANCE WITH ACTUAL

QUANTITY OF HOURS PERFORMED

AND APPROVED BY THE CONTRACTING OFFICER REPRESENTATIVE

(COR)** LOT=HOURS

FOB: Destination

NSN: AASSVC9016026X

MILSTRIP: W25G1Q9016026X

PURCHASE REQUEST NUMBER: W25G1Q9016026X

TOT ESTIMATED PRICE

CEILING PRICE

0003 40 Lot

EMERGENCY REPAIR SUPPORT

T&M

PROVIDE ALL LABOR AND EQUIPMENT REQUIRED FOR

EMERGENCY REPAIR OF THE ENVIRONMENTAL CHAMBER IN

ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.

**PAYMENT WILL BE MADE IN ACCORDANCE WITH ACTUAL

QUANTITY OF HOURS PERFORMED AND APPROVED BY THE

CONTRACTING OFFICER REPRESENTATIVE (COR)** LOT = HOURS

FOB: Destination

NSN: AASSVC901601QW

MILSTRIP: W25G1Q901601QW

PURCHASE REQUEST NUMBER: W25G1Q901601QW

0004 1 Lot

REPAIR PARTS

T&M

PROVIDE ALL MATERIAL AND PARTS TO PERFORM REPAIR

SERVICES

IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.

SEE

APPENDIX A. **ALL PARTS WILL BE BILLED AS ACTUALS. CLIN

PRICE WILL BE SET BY THE GOVERNMENT UPON AWARD**

CONTRACTOR ACQUIRED: ORIGINAL PAID INVOICES MUST BE

FURNISHED TO BILL UNDER THIS CLIN AT COST. CONTRACTOR

MANUFACTURED/FABRICATED: ALLOWABLE INCURRED COSTS

(INCLUDING APPLICABLE OVERHEAD COSTS AND G&A; DOES NOT

INCLUDE PROFIT) MAY BE BILLED UNDER THIS CLIN.

FOB: Destination

NSN: AASSVC90160261

MILSTRIP: W25G1Q90160261

PURCHASE REQUEST NUMBER: W25G1Q90160261

0005 1 Lot

TRAVEL

T&M

TRAVEL, LODGING, AND MEALS FOR PREVENTIVE MAINTENANCE,

CALIBRATION & EMERGENCY REPAIRS. **TRAVEL EXPENSES ARE

IN ACCORDANCE WITH JOINT TRAVEL REGULATIONS (JTR) - - -

PAYMENT WILL BE MADE IN ACCORDANCE WITH ACTUAL TRAVEL

EXPENSES PERFORMED AND APPROVED BY THE CONTRACTING

OFFICER REPRESENTATIVE (COR).**

FOB: Destination

NSN: AASSVC901601RT

MILSTRIP: W25G1Q901601RT

PURCHASE REQUEST NUMBER: W25G1Q901601RT

0006 1 Lot

CONTRACTOR MANPOWER REPORTING

FFP

CONTRACTOR MANPOWER REPORTING IN ACCORDANCE WITH THE

PERFORMANCE WORK STATEMENT.

FOB: Destination

NSN: AASSVC9016026J

MILSTRIP: W25G1Q9016026J

PURCHASE REQUEST NUMBER: W25G1Q9016026J

1001 1 Lot

OPTION CALIBRATION AND PREVENTATIVE MAINTENANCE

FFP

PROVIDE ALL LABOR, MATERIALS, AND EQUIPMENT REQUIRED FOR

ANNUAL CALIBRATION, INSPECTION AND PREVENTATIVE

MAINTENANCE OF THE ENVIRONMENTAL CHAMBER IN

ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.

FOB: Destination

NSN: AASSVC901601E0

MILSTRIP: W25G1Q901601E0

1002 40 Lot

OPTION NON-EMERGENCY REPAIR SUPPORT

T&M

PROVIDE ALL LABOR AND EQUIPMENT REQUIRED FOR NON-

EMERGENCY REPAIR OF THE ENVIRONMENTAL CHAMBER IN

ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.

**PAYMENT WILL BE MADE IN ACCORDANCE WITH ACTUAL

QUANTITY OF HOURS PERFORMED

AND APPROVED BY THE CONTRACTING OFFICER REPRESENTATIVE

(COR)** LOT=HOURS

FOB: Destination

NSN: AASSVC9016026X

MILSTRIP: W25G1Q9016026X

1003 40 Lot

OPTION EMERGENCY REPAIR SUPPORT

T&M

PROVIDE ALL LABOR AND EQUIPMENT REQUIRED FOR

EMERGENCY REPAIR OF THE ENVIRONMENTAL CHAMBER IN

ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.

**PAYMENT WILL BE MADE IN ACCORDANCE WITH ACTUAL

QUANTITY OF HOURS PERFORMED AND APPROVED BY THE

CONTRACTING OFFICER REPRESENTATIVE (COR)** LOT = HOURS

FOB: Destination

NSN: AASSVC901601QW

MILSTRIP: W25G1Q901601QW

1004 1 Lot

OPTION REPAIR PARTS

T&M

PROVIDE ALL MATERIAL AND PARTS TO PERFORM REPAIR

SERVICES

IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.

SEE

APPENDIX A. **ALL PARTS WILL BE BILLED AS ACTUALS. CLIN

PRICE WILL BE SET BY THE GOVERNMENT UPON AWARD**

CONTRACTOR ACQUIRED: ORIGINAL PAID INVOICES MUST BE

FURNISHED TO BILL UNDER THIS CLIN AT COST. CONTRACTOR

MANUFACTURED/FABRICATED: ALLOWABLE INCURRED COSTS

(INCLUDING APPLICABLE OVERHEAD COSTS AND G&A; DOES NOT

INCLUDE PROFIT) MAY BE BILLED UNDER THIS CLIN.

FOB: Destination

NSN: AASSVC90160261

MILSTRIP: W25G1Q90160261

1005 1 Lot

OPTION TRAVEL

T&M

TRAVEL, LODGING, AND MEALS FOR PREVENTIVE MAINTENANCE,

CALIBRATION & EMERGENCY REPAIRS. **TRAVEL EXPENSES ARE

IN ACCORDANCE WITH JOINT TRAVEL REGULATIONS (JTR) - - -

PAYMENT WILL BE MADE IN ACCORDANCE WITH ACTUAL TRAVEL

EXPENSES PERFORMED AND APPROVED BY THE CONTRACTING

OFFICER REPRESENTATIVE (COR).**

FOB: Destination

NSN: AASSVC901601RT

MILSTRIP: W25G1Q901601RT

1006 1 Lot

OPTION CONTRACTOR MANPOWER REPORTING

FFP

CONTRACTOR MANPOWER REPORTING IN ACCORDANCE WITH THE

PERFORMANCE WORK STATEMENT.

FOB: Destination

NSN: AASSVC9016026J

MILSTRIP: W25G1Q9016026J

2001 1 Lot

OPTION CALIBRATION AND PREVENTATIVE MAINTENANCE

FFP

PROVIDE ALL LABOR, MATERIALS, AND EQUIPMENT REQUIRED FOR

ANNUAL CALIBRATION, INSPECTION AND PREVENTATIVE

MAINTENANCE OF THE ENVIRONMENTAL CHAMBER IN

ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.

FOB: Destination

NSN: AASSVC901601E0

MILSTRIP: W25G1Q901601E0

2002 40 Lot

OPTION NON-EMERGENCY REPAIR SUPPORT

T&M

PROVIDE ALL LABOR AND EQUIPMENT REQUIRED FOR NON-

EMERGENCY REPAIR OF THE ENVIRONMENTAL CHAMBER IN

ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.

**PAYMENT WILL BE MADE IN ACCORDANCE WITH ACTUAL

QUANTITY OF HOURS PERFORMED

AND APPROVED BY THE CONTRACTING OFFICER REPRESENTATIVE

(COR)** LOT=HOURS

FOB: Destination

NSN: AASSVC9016026X

MILSTRIP: W25G1Q9016026X

2003 40 Lot

OPTION EMERGENCY REPAIR SUPPORT

T&M

PROVIDE ALL LABOR AND EQUIPMENT REQUIRED FOR

EMERGENCY REPAIR OF THE ENVIRONMENTAL CHAMBER IN

ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.

**PAYMENT WILL BE MADE IN ACCORDANCE WITH ACTUAL

QUANTITY OF HOURS PERFORMED AND APPROVED BY THE

CONTRACTING OFFICER REPRESENTATIVE (COR)** LOT = HOURS

FOB: Destination

NSN: AASSVC901601QW

MILSTRIP: W25G1Q901601QW

2004 1 Lot

OPTION REPAIR PARTS

T&M

PROVIDE ALL MATERIAL AND PARTS TO PERFORM REPAIR

SERVICES

IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT.

SEE

APPENDIX A. **ALL PARTS WILL BE BILLED AS ACTUALS. CLIN

PRICE WILL BE SET BY THE GOVERNMENT UPON AWARD**

CONTRACTOR ACQUIRED: ORIGINAL PAID INVOICES MUST BE

FURNISHED TO BILL UNDER THIS CLIN AT COST. CONTRACTOR

MANUFACTURED/FABRICATED: ALLOWABLE INCURRED COSTS

(INCLUDING APPLICABLE OVERHEAD COSTS AND G&A; DOES NOT

INCLUDE PROFIT) MAY BE BILLED UNDER THIS CLIN.

FOB: Destination

NSN: AASSVC90160261

MILSTRIP: W25G1Q90160261

2005 1 Lot

OPTION TRAVEL

T&M

TRAVEL, LODGING, AND MEALS FOR PREVENTIVE MAINTENANCE,

CALIBRATION & EMERGENCY REPAIRS. **TRAVEL EXPENSES ARE

IN ACCORDANCE WITH JOINT TRAVEL REGULATIONS (JTR) - - -

PAYMENT WILL BE MADE IN ACCORDANCE WITH ACTUAL TRAVEL

EXPENSES PERFORMED AND APPROVED BY THE CONTRACTING

OFFICER REPRESENTATIVE (COR).**

FOB: Destination

NSN: AASSVC901601RT

MILSTRIP: W25G1Q901601RT

2006 1 Lot

OPTION CONTRACTOR MANPOWER REPORTING

FFP

CONTRACTOR MANPOWER REPORTING IN ACCORDANCE WITH THE

PERFORMANCE WORK STATEMENT.

FOB: Destination

NSN: AASSVC9016026J

MILSTRIP: W25G1Q9016026J

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 03-MAR-2019 TO

02-MAR-2020

N/A DIRECTORATE OF INDUSTRIAL

OPERATIONS

TODD WIGTON

LETTERKENNY ARMY DEPOT,

BLDG 350 ANNEX

CHAMBERSBURG PA 17201

717-267-5508 FOB: Destination

W91FVA

0002 POP 03-MAR-2019 TO

02-MAR-2020

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 03-MAR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 03-MAR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 03-MAR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 03-MAR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 03-MAR-2020 TO

02-MAR-2021

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 03-MAR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 03-MAR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 03-MAR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 03-MAR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 03-MAR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 03-MAR-2021 TO

02-MAR-2022

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 03-MAR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 03-MAR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 03-MAR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 03-MAR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 03-MAR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

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

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

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

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (OCT 2018) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements--

Commercial Item Acquisition

FEB 2007

52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons MAR 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

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

Subcontractors

DEC 2013

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

Vegetation

APR 1984

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-6 Inspection--Time-And-Material And Labor-Hour MAY 2001 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

Officials

NOV 2011

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

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

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

MAY 2016

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

SEP 2014

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(End of provision)

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

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

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror submitting the lowest priced, technically acceptable offer.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

ADDENDUM TO FAR 52.212-2, BASIS OF AWARD:

A. General Information:

1. The basis of award will be the Lowest Priced, Technically Acceptable offer. Offerors must receive a rating of Technically Acceptable in all factors/subfactors in order for their overall proposal to be determined Technically Acceptable.

2. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, and technical requirements.

3. The Government intends to make award without discussions, unless the Contracting Officer determines that discussions are necessary. Offerors should provide their most favorable prices in their initial offers.

B. Non-Price Evaluation Factors and Subfactors:

1. Factor 1- Technical:

(a) Subfactor 1 Capabilities: The contractor shall provide information on their plan and ability to calibrate and repair a heating and cooling chamber greater than or equal to 34,000ft3 and meet all requirements in the subject contract.

(b) Subfactor 3 ISO Certification: The offeror shall provide a current certificate of registration, from an accredited certification body, demonstrating the contractor's ISO 17025:2017 (or newer) Certification or provide documentation they are in the process of becoming ISO 17025:2017 (or newer) certified. Documentation shall be in the form of a contract, a sales receipt or confirmation from the accredited certification body confirming that certification is in process. Offerors shall be ISO 17025:2017 certified (or newer) prior to award. No later than three days before contract award offerors shall provide the current certificate of registration in order to be eligible for award. If unable to provide the certificate of registration offerors will be deemed ineligible for contract award. The ISO/IEC 17025:2017 certification shall be applicable to electrical calibration of thermocouple indicators & indicating systems, electrical calibration of RTD indicators & indicating systems, temperature, and relative humidity.

(c) Subfactor 3 Contract Experience: The Contractor shall have experience in the calibration and repair of a heating and cooling chamber greater than or equal to 34,000ft3. The contractor shall have experience in the repair of a cooling chamber of subject size cooling a 100kW heat source down to -45°F. The contractor shall provide three (3) written documentation of above experience. Experience shall be within the last three years. The contractor shall submit invoices, brochures or other literature that demonstrates experience.

C. Price Evaluation Factor: Offerors shall complete the Schedule B with pricing for each Contract Line Item Number (CLIN), including for all Option Years. The price for CLINs 0004, 1004, and 2004 will be set by the Government and will not be evaluated. The Government may require continued performance under FAR clause 52.217-8, Option to Extend Services. The Government will evaluate the basic and all option year prices on the basis that the rates will not change if the Government opts to utilize its option per FAR clause 52.217-8 at the end of the basic or any option year during the performance of the contract. Evaluation of the option year pricing in this manner shall not obligate the Government to exercise the options.

D. Proposals will be evaluated initially independently of the price to determine the Offerors’ ability to meet the Government’s requirement set forth in the solicitation. The Government may make a final rating determination based on the proposal as submitted without requesting any further information. For all proposals determined to be Technically Acceptable, the offer providing the lowest price will receive the contract award.

1. Offerors’ technical proposals will receive an overall rating based on the following:

(a) Technically Acceptable: Offeror meets all requirements or technical specifications or has submitted all documentation requested in any technical evaluation criteria and all documentation meets the standard set forth in the solicitation.

(b) Technically Unacceptable: Offerer fails to meet all requirements or technical specifications or has failed to comply in submitting requested documentation in any technical evaluation criteria or the submitted documentation fails to meet the standard set forth in the solicitation.

(End of Addendum)

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

(JAN 2017)

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

(a) Inspection/Acceptance.

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

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

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

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

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

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

(B) Terminate this contract for cause.

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

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

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

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

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

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

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

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

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

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

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

(e) Definitions.

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

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

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

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

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

(iii) Materials means—

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

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

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

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement 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.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payments.

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

(i) Hourly rate.

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

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

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

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

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

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

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

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

(ii) Materials.

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

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

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

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

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

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

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

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

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

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: travel.

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

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

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

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

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

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

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

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

(B) The Contractor’s timekeeping procedures;

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

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

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

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

(B) Any documents supporting payment of those invoices.

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

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

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

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

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

(D) Contractor point of contact.

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

(6)(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C.

7109,which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes.