W912CM-19-Q-0002.pdf
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- M&R Fire Suppression Systems in USAG Wiesbaden
- Solicitation number
- W912CM-19-Q-0002
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SEE ADDENDUM
(No Collect Calls)
W912CM19Q0002 17-Dec-2018
b. TELEPHONE NUMBER
+0049-(0)6111435466755
8. OFFER DUE DATE/LOCAL TIME
10:00 PM 21 Jan 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.
W912CM9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
ABIGAIL L. BALTIMORE
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
0011232850
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
RCO WIESBADEN
KO DIRECTORATE OF CONTRACTING
KONRAD-ADENAUER-RING 39, BLDG. 5301
65187 WIESBADEN
GERMANY
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 W582RS 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
W6E9 USAG WIESBADEN
W6E9 USAG WIESBADEN
MAINZ KASTEL STORAGE
BUILDING 4004
55252 MAINZ KASTEL
GERMANY
TEL: 049-6372-8423728 FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$7,500,000
NAICS:
561790
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 OF144
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.
W912CM19Q0002
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 1 Job OMA Recurring Services-Fire Alarm System
FFP
The Contractor shall perform non-personal recurring services for OMA facilities including quarterly and semi-annual Inspection/Maintenance/Functioning Tests IAW Performance Work Statement (PWS) paragraph 5.2.
The equipment to be serviced for the OMA facilities is listed in the following Attachments 1-3-Inventory Lists:
a. Attachment 1 - Fire alarm and evacuation systems
b. Attachment 2 - Sprinkler systems
c. Attachment 3 - Suppression fire extinguishing FOB: Destination
PURCHASE REQUEST NUMBER: 0011232850
PSC CD: J012
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
0002 1 Job AFH Recurring Services-Fire Alarm System
FFP
The Contractor shall perform non-personal recurring services for AFH facilities including quarterly and semi-annual Inspection/Maintenance/Functioning Tests IAW PWS paragraph 5.2. The equipment to be serviced for the OMA facilities are listed in the following Attachment 1-3-Inventory Lists:
a. Attachment 1 - Fire alarm and evacuation systems
b. Attachment 2 - Sprinkler systems
c. Attachment 3 - Suppression fire extinguishing FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
0003 61 Each OMA On-Demand Repair Service
FFP
The Contractor shall perfom non-personal OMA On-Demand Repair Services.
The Contractor shall arrive on site, commence and complete work within 8 hours after reciept of notification IAW PWS paragraph 5.3.1. Repair may be required for any system within US Army Garrison Wiesbaden.
The current inventory list is in Attachments 1-3.
NOTE: Price includes travel to and from job site and repair parts used up to EUR
300.00. If total amount of parts exceed EUR 300.00; additional parts used shall be charged separately under CLIN 0009.
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
0004 18 Each OMA Routine On-Demand Repair Service
FFP
The Contractor shall perform non-personal OMA Routine On-Demand Repair Services. The Contractor shall arrive on site, commence, and complete work within 20 hours after receipt of notification IAW PWS paragraph 5.3.2. Repair may be required for any system within US Army Garrison Wiesbaden. The current inventory list is shown in Attachments 1-3. NOTE: Price includes travel to and from job site and repair parts used up to EUR 300.00. If total amount of parts exceed EUR 300.00; additional parts used shall be charged separately under CLIN 0009.
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
0005 61 Each AFH On-Demand Repair Service
FFP
The Contractor shall perform non-personal AFH On-Demand Repair Services.
The Contractor shall arrive on site, commence, and complete work within 8 hours after receipt of notification IAW PWS paragraph 5.3.1. Repair may be required for any system within US Army Garrison Wiesbaden.
The current inventory list is shown in Attachment 1-3.
NOTE: Price includes travel to and from job site and repair parts used up to EUR
300.00. If total amount of parts exceed EUR 300.00; additional parts used shall be charged separately under CLIN 0010.
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
0006 18 Each AFH Routine On-Demand Repair Service
FFP
The Contractor shall perform non-personal Routine On-Demand Repair Services.
The Contractor shall arrive on site, commence, and complete work within twenty
(20) hours after receipt of notification IAW PWS paragraph 5.3.2 of the Performance Work Statement (PWS). Repair may be required for any system within US Army Garrison Wiesbaden.
The current inventory list is shown in Attachments 1-3.
NOTE: Price includes travel to and from job site and repair parts used up to EUR
300.00. If total amount of parts exceed EUR 300.00; additional parts used shall be charged separately under CLIN 0010.
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
0007 310 Hours OMA Major On-Demand Repair Services
LH
The Contractor shall perform non-personal OMA Major On-Demand Repair Services IAW PWS paragraph 5.3.3. Repair Service may be required for any system within US Army Garrison Wiesbaden.
The amount of this CLIN is an estimated ceiling amount which shall under no circumstances be exceeded without prior approval of the Contrating Officer.
OFFEROR SHALL INSERT RATE
FOB: Destination
TOT MAX PRICE
UNIT UNIT PRICE MAX AMOUNT
0008 310 Hours AFH Major On-Demand Repair Services
LH
The Contractor shall perform non-personal AFH Major On-Demand Repair Services IAW PWS paragraph 5.3.3. Repair Service may be required for any system within US Army Garrison Wiesbaden.
The amount of this CLIN is an estimated ceiling amount which shall under no circumstances be exceeded without prior approval of the Contracting Officer.
OFFEROR SHALL INSERT RATE
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
0009 1 Job OMA Material
T&M The Contractor shall provide OMA Material IAW PWS paragraph 5.3.
FOB: Destination
CEILING PRICE
UNIT UNIT PRICE MAX AMOUNT
0010 1 Job AFH Material
T&M The Contractor shall provide AFH Material IAW PWS paragraph 5.3.
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
0011 1 Job OMA FADS Maintenance
FFP
The Contractor shall provide non-personal OMA FADS Maintenance IAW PWS paragraph 5.4.
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
0012 80 Each OMA FADS Programming
FFP
The Contractor shall provide non-personal services for OMA FADS Programming and Connection IAW PWS paragraph 5.4.
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
0013 20 Each FADS Programming AFH
FFP
The Contractor shall provide non-personal services for AFH Programming and Connection to FADS IAW paragraph 5.4 of the Performance of Work Statement
(PWS).
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
1001 1 Job OPTION OMA Recurring Services-Fire Alarm System
FFP
The Contractor shall perform non-personal recurring services for OMA facilities including quarterly and semi-annual Inspection/Maintenance/Functioning Tests IAW Performance Work Statement (PWS) paragraph 5.2.
The equipment to be serviced for the OMA facilities is listed in the following Attachments 1-3-Inventory Lists:
a. Attachment 1 - Fire alarm and evacuation systems
b. Attachment 2 - Sprinkler systems
c. Attachment 3 - Suppression fire extinguishing FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
1002 1 Job OPTION AFH Recurring Services-Fire Alarm System
FFP
The Contractor shall perform non-personal recurring services for AFH facilities including quarterly and semi-annual Inspection/Maintenance/Functioning Tests IAW PWS paragraph 5.2. The equipment to be serviced for the OMA facilities are listed in the following Attachment 1-3-Inventory Lists:
a. Attachment 1 - Fire alarm and evacuation systems
b. Attachment 2 - Sprinkler systems
c. Attachment 3 - Suppression fire extinguishing
UNIT UNIT PRICE MAX AMOUNT
1003 61 Each OPTION OMA On-Demand Repair Service
FFP
The Contractor shall perfom non-personal OMA On-Demand Repair Services.
The Contractor shall arrive on site, commence and complete work within 8 hours after reciept of notification IAW PWS paragraph 5.3.1. Repair may be required for any system within US Army Garrison Wiesbaden.
The current inventory list is in Attachments 1-3.
NOTE: Price includes travel to and from job site and repair parts used up to EUR
300.00. If total amount of parts exceed EUR 300.00; additional parts used shall be charged separately under CLIN 1009.
UNIT UNIT PRICE MAX AMOUNT
1004 18 Each OPTION OMA Routine On-Demand Repair Service
FFP
The Contractor shall perform non-personal OMA Routine On-Demand Repair Services. The Contractor shall arrive on site, commence, and complete work within 20 hours after receipt of notification IAW PWS paragraph 5.3.2. Repair may be required for any system within US Army Garrison Wiesbaden. The current inventory list is shown in Attachments 1-3. NOTE: Price includes travel to and from job site and repair parts used up to EUR 300.00. If total amount of parts exceed EUR 300.00; additional parts used shall be charged separately under CLIN 1009.
UNIT UNIT PRICE MAX AMOUNT
1005 61 Each OPTION AFH On-Demand Repair Service
FFP
The Contractor shall perform non-personal AFH On-Demand Repair Services.
The Contractor shall arrive on site, commence, and complete work within 8 hours after receipt of notification IAW PWS paragraph 5.3.1. Repair may be required for any system within US Army Garrison Wiesbaden.
The current inventory list is shown in Attachment 1-3.
NOTE: Price includes travel to and from job site and repair parts used up to EUR
300.00. If total amount of parts exceed EUR 300.00; additional parts used shall be charged separately under CLIN 1010.
UNIT UNIT PRICE MAX AMOUNT
1006 18 Each OPTION AFH Routine On-Demand Repair Service
FFP
The Contractor shall perform non-personal Routine On-Demand Repair Services.
The Contractor shall arrive on site, commence, and complete work within twenty
(20) hours after receipt of notification IAW PWS paragraph 5.3.2 of the Performance Work Statement (PWS). Repair may be required for any system within US Army Garrison Wiesbaden.
The current inventory list is shown in Attachments 1-3.
NOTE: Price includes travel to and from job site and repair parts used up to EUR
300.00. If total amount of parts exceed EUR 300.00; additional parts used shall be charged separately under CLIN 1010.
UNIT UNIT PRICE MAX AMOUNT
1007 310 Hours OPTION OMA Major On-Demand Repair Services
LH
The Contractor shall perform non-personal OMA Major On-Demand Repair Services IAW PWS paragraph 5.3.3. Repair Service may be required for any system within US Army Garrison Wiesbaden.
The amount of this CLIN is an estimated ceiling amount which shall under no circumstances be exceeded without prior approval of the Contrating Officer.
OFFEROR SHALL INSERT RATE
UNIT UNIT PRICE MAX AMOUNT
1008 310 Hours OPTION AFH Major On-Demand Repair Services
LH
The Contractor shall perform non-personal AFH Major On-Demand Repair Services IAW PWS paragraph 5.3.3. Repair Service may be required for any system within US Army Garrison Wiesbaden.
The amount of this CLIN is an estimated ceiling amount which shall under no circumstances be exceeded without prior approval of the Contracting Officer.
OFFEROR SHALL INSERT RATE
UNIT UNIT PRICE MAX AMOUNT
1009 1 Job OPTION OMA Material
T&M The Contractor shall provide OMA Material IAW PWS paragraph 5.3.
UNIT UNIT PRICE MAX AMOUNT
1010 1 Job OPTION AFH Material
T&M The Contractor shall provide AFH Material IAW PWS paragraph 5.3.
UNIT UNIT PRICE MAX AMOUNT
1011 1 Job OPTION OMA FADS Maintenance
FFP
The Contractor shall provide non-personal OMA FADS Maintenance IAW PWS paragraph 5.4.
UNIT UNIT PRICE MAX AMOUNT
1012 80 Each OPTION OMA FADS Programming
FFP
The Contractor shall provide non-personal services for OMA FADS Programming and Connection IAW PWS paragraph 5.4.
UNIT UNIT PRICE MAX AMOUNT
1013 20 Each OPTION FADS Programming AFH
FFP
The Contractor shall provide non-personal services for AFH Programming and Connection to FADS IAW paragraph 5.4 of the Performance of Work Statement
(PWS).
UNIT UNIT PRICE MAX AMOUNT
2001 1 Job OPTION OMA Recurring Services-Fire Alarm System
FFP
The Contractor shall perform non-personal recurring services for OMA facilities including quarterly and semi-annual Inspection/Maintenance/Functioning Tests IAW Performance Work Statement (PWS) paragraph 5.2.
The equipment to be serviced for the OMA facilities is listed in the following Attachments 1-3-Inventory Lists:
a. Attachment 1 - Fire alarm and evacuation systems
b. Attachment 2 - Sprinkler systems
c. Attachment 3 - Suppression fire extinguishing
UNIT UNIT PRICE MAX AMOUNT
2002 1 Job OPTION AFH Recurring Services-Fire Alarm System
FFP
The Contractor shall perform non-personal recurring services for AFH facilities including quarterly and semi-annual Inspection/Maintenance/Functioning Tests IAW PWS paragraph 5.2. The equipment to be serviced for the OMA facilities are listed in the following Attachment 1-3-Inventory Lists:
a. Attachment 1 - Fire alarm and evacuation systems
b. Attachment 2 - Sprinkler systems
c. Attachment 3 - Suppression fire extinguishing
UNIT UNIT PRICE MAX AMOUNT
2003 61 Each OPTION OMA On-Demand Repair Service
FFP
The Contractor shall perfom non-personal OMA On-Demand Repair Services.
The Contractor shall arrive on site, commence and complete work within 8 hours after reciept of notification IAW PWS paragraph 5.3.1. Repair may be required for any system within US Army Garrison Wiesbaden.
The current inventory list is in Attachments 1-3.
NOTE: Price includes travel to and from job site and repair parts used up to EUR
300.00. If total amount of parts exceed EUR 300.00; additional parts used shall be charged separately under CLIN 2009.
UNIT UNIT PRICE MAX AMOUNT
2004 18 Each OPTION OMA Routine On-Demand Repair Service
FFP
The Contractor shall perform non-personal OMA Routine On-Demand Repair Services. The Contractor shall arrive on site, commence, and complete work within 20 hours after receipt of notification IAW PWS paragraph 5.3.2. Repair may be required for any system within US Army Garrison Wiesbaden. The current inventory list is shown in Attachments 1-3. NOTE: Price includes travel to and from job site and repair parts used up to EUR 300.00. If total amount of parts exceed EUR 300.00; additional parts used shall be charged separately under CLIN 2009.
UNIT UNIT PRICE MAX AMOUNT
2005 61 Each OPTION AFH On-Demand Repair Service
FFP
The Contractor shall perform non-personal AFH On-Demand Repair Services.
The Contractor shall arrive on site, commence, and complete work within 8 hours after receipt of notification IAW PWS paragraph 5.3.1. Repair may be required for any system within US Army Garrison Wiesbaden.
The current inventory list is shown in Attachment 1-3.
NOTE: Price includes travel to and from job site and repair parts used up to EUR
300.00. If total amount of parts exceed EUR 300.00; additional parts used shall be charged separately under CLIN 2010.
UNIT UNIT PRICE MAX AMOUNT
2006 18 Each OPTION AFH Routine On-Demand Repair Service
FFP
The Contractor shall perform non-personal Routine On-Demand Repair Services.
The Contractor shall arrive on site, commence, and complete work within twenty
(20) hours after receipt of notification IAW PWS paragraph 5.3.2 of the Performance Work Statement (PWS). Repair may be required for any system within US Army Garrison Wiesbaden.
The current inventory list is shown in Attachments 1-3.
NOTE: Price includes travel to and from job site and repair parts used up to EUR
300.00. If total amount of parts exceed EUR 300.00; additional parts used shall be charged separately under CLIN 2010.
UNIT UNIT PRICE MAX AMOUNT
2007 310 Hours OPTION OMA Major On-Demand Repair Services
LH
The Contractor shall perform non-personal OMA Major On-Demand Repair Services IAW PWS paragraph 5.3.3. Repair Service may be required for any system within US Army Garrison Wiesbaden.
The amount of this CLIN is an estimated ceiling amount which shall under no circumstances be exceeded without prior approval of the Contrating Officer.
OFFEROR SHALL INSERT RATE
UNIT UNIT PRICE MAX AMOUNT
2008 310 Hours OPTION AFH Major On-Demand Repair Services
LH
The Contractor shall perform non-personal AFH Major On-Demand Repair Services IAW PWS paragraph 5.3.3. Repair Service may be required for any system within US Army Garrison Wiesbaden.
The amount of this CLIN is an estimated ceiling amount which shall under no circumstances be exceeded without prior approval of the Contracting Officer.
OFFEROR SHALL INSERT RATE
UNIT UNIT PRICE MAX AMOUNT
2009 1 Job OPTION OMA Material
T&M The Contractor shall provide OMA Material IAW PWS paragraph 5.3.
UNIT UNIT PRICE MAX AMOUNT
2010 1 Job OPTION AFH Material
T&M The Contractor shall provide AFH Material IAW PWS paragraph 5.3.
UNIT UNIT PRICE MAX AMOUNT
2011 1 Job OPTION OMA FADS Maintenance
FFP
The Contractor shall provide non-personal OMA FADS Maintenance IAW PWS paragraph 5.4.
UNIT UNIT PRICE MAX AMOUNT
2012 80 Each OPTION OMA FADS Programming
FFP
The Contractor shall provide non-personal services for OMA FADS Programming and Connection IAW PWS paragraph 5.4.
UNIT UNIT PRICE MAX AMOUNT
2013 20 Each OPTION FADS Programming AFH
FFP
The Contractor shall provide non-personal services for AFH Programming and Connection to FADS IAW paragraph 5.4 of the Performance of Work Statement
(PWS).
UNIT UNIT PRICE MAX AMOUNT
7500 1 Each Contractor Manpower Reporting (CMR)
FFP
Contractor shall set up and report IAW Part 5, PWS paragraph 5.9 entitled Enterprise-Wide Contractor Manpower Reporting Application (eCMRA). Note that reporting is due NLT 31 OCT 2019. A final report shall be made for the remaining contract period if Option 1 is not exercised. Final payment will not be processed until the COR has verified completion of the CMR reporting requirement. When completing CMR, use the following:
Command: US Army Installation Management Country: Germany Description: USAG Wiesbaden
UIC: W6E9AA
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
7501 1 Each OPTION Contractor Manpower Reporting (CMR)
FFP
Contractor shall set up and report IAW Part 5, PWS paragraph 5.9 entitled Enterprise-Wide Contractor Manpower Reporting Application (eCMRA). Note that reporting is due NLT 31 OCT 2020. A final report shall be made for the remaining contract period if Option 2 is not exercised. Final payment will not be processed until the COR has verified completion of the CMR reporting requirement. When completing CMR, use the following:
Command: US Army Installation Management Country: Germany Description: USAG Wiesbaden
UIC: W6E9AA
UNIT UNIT PRICE MAX AMOUNT
7502 1 Each OPTION Contractor Manpower Reporting (CMR)
FFP
Contractor shall set up and report IAW Part 5, PWS paragraph 5.9 entitled Enterprise-Wide Contractor Manpower Reporting Application (eCMRA). Note that reporting is due NLT 31 OCT 2021. A final report shall be made for the remaining period, due NLT 31 Oct 2022. Final payment will not be processed until the COR has verified completion of the CMR reporting requirement. When completing CMR, use the following:
Command: US Army Installation Management Country: Germany Description: USAG Wiesbaden
UIC: W6E9AA
MINIMUM/MAXIMUM AMOUNTS
NOTE: The guaranteed minimum under this contract is $5,000.00 The guaranteed minimum is applicable to the entire contract period.
The maximum the Government may purchase under this contract is $3,000,000.00.
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 0007 Destination Government Destination Government
0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 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 1007 Destination Government Destination Government 1008 Destination Government Destination Government 1009 Destination Government Destination Government 1010 Destination Government Destination Government 1011 Destination Government Destination Government 1012 Destination Government Destination Government 1013 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 2007 Destination Government Destination Government 2008 Destination Government Destination Government 2009 Destination Government Destination Government 2010 Destination Government Destination Government 2011 Destination Government Destination Government 2012 Destination Government Destination Government 2013 Destination Government Destination Government 7500 Destination Government Destination Government 7501 Destination Government Destination Government 7502 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-MAR-2019 TO
29-FEB-2020
N/A W6E9 USAG WIESBADEN
W6E9 USAG WIESBADEN
MAINZ KASTEL STORAGE
BUILDING 4004
55252 MAINZ KASTEL
GERMANY
049-6372-8423728
W582RS
0002 POP 01-MAR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-MAR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 01-MAR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 01-MAR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 01-MAR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
0007 POP 01-MAR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
0008 POP 01-MAR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
0009 POP 01-MAR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
0010 POP 01-MAR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
0011 POP 01-MAR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
0012 POP 01-MAR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
0013 POP 01-MAR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 01-MAR-2020 TO
28-FEB-2021
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-MAR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 01-MAR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 01-MAR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
1005 POP 01-MAR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
1006 POP 01-MAR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
1007 POP 01-MAR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
1008 POP 01-MAR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
1009 POP 01-MAR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
1010 POP 01-MAR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
1011 POP 01-MAR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
1012 POP 01-MAR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
1013 POP 01-MAR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-MAR-2021 TO
28-FEB-2022
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-MAR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 01-MAR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 01-MAR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2005 POP 01-MAR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2006 POP 01-MAR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2007 POP 01-MAR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2008 POP 01-MAR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2009 POP 01-MAR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2010 POP 01-MAR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2011 POP 01-MAR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2012 POP 01-MAR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2013 POP 01-MAR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
7500 POP 01-MAR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
7501 POP 01-MAR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
7502 POP 01-FEB-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017
CLAUSES INCORPORATED BY FULL TEXT
52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JAN 2017) 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.
(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: N/A; 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: None.
(2) Indirect Costs (Material Handling, Subcontract Administration, etc.. The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price:
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.
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