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REMOVAL OF EQUIPMENT

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SPE4A8-26-Q-0024Federal

Contract Overview

Solicitation details, issuing organization, response deadlines, documents, and interested companies for this government contract opportunity.

AI Contract Overview

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Solicitation SPE4A8-26-Q-0024 is a firm fixed price requirement issued by DLA Aviation ASC Industrial Plant Equipment for the procurement and installation of a CNC Traveling Column Six Axis Machining Center for the Fleet Readiness Center East at MCAS Cherry Point, North Carolina. The scope of work encompasses the delivery of the gantry milling machine along with integrated tooling, a post processor, technical data, and the necessary foundation work. The contractor is also responsible for the removal of existing equipment, rigging, shipping, and providing comprehensive training. The total performance period is 365 days after receipt of order, with delivery and acceptance occurring at the destination in Cherry Point. The acquisition is a Service-Disabled Veteran-Owned Small Business set-aside and will be awarded based on the Lowest Price Technically Acceptable process. Evaluation focuses on technical acceptability and past performance as binary pass/fail thresholds. Key compliance requirements include adherence to MIL-STD-130N for item unique identification and ASTM D3951 for packaging. The contractor must provide NIST-traceable calibration for all measurement tools and successfully complete a government-approved Acceptance Test Plan, including operational and noise level tests, prior to final acceptance. Invoicing is managed electronically through the Wide Area WorkFlow system.

General Info

DLA seeks SDVOSB to install CNC machining center at MCAS Cherry Point.

Agency

Department Of Defense → ASC INDUSTRIAL PLANT EQUIPMENTView Agency

NAICS

333517 - Machine Tool ManufacturingView NAICS

Place of Performance

USA

Set-Aside

SDVOSBC

Documents

(8)

Solicitation SPE4A8-26-Q-0024 for Commercial Items

PDFrfq

SPE4A826Q0024 Amendment 0005

PDFamendment

Amendment 0003 to Solicitation SPE4A826Q0024

PDFamendment

SPE4A826Q00240001 CNC Six Axis Traveling Column Machining Center Purchase Description

PDFsow

SPE4A826Q0024 RFQ Instructions to Offerors

PDFrfq

Amendment 0002 to Solicitation SPE4A826Q0024

PDFamendment

Amendment 0001 to Solicitation SPE4A826Q0024

PDFamendment

Amendment 0004 to Solicitation SPE4A826Q0024

PDFamendment

AI Contract Breakdown

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Timeline

PhaseSolicitation
Posted

Presolicitation

Type Changed

Presolicitation → Solicitation

Response Deadline

Submission deadline

Response Deadline

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Organization & Contact Information

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AgencyDepartment Of Defense → ASC INDUSTRIAL PLANT EQUIPMENT
Contacts1 person available
OfficeUSA
Organization / Agency
Department Of Defense → ASC INDUSTRIAL PLANT EQUIPMENT
View Agency Profile
Office AddressUSA

Full Description

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Gantry Milling I/A/W Purchase Description 25-30-1000 Dated February 23, 2026.
DLA issues this document using the DoD authorized unit of issue, please refer to the following URL to determine the corresponding ANSI X12 unit of issue.
https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS% 2FeApplications%2FLogDataAdmin%2FUnitofIssueandPurchaseUnit.xlsx&wdOrigin=BROWSELINK
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT. 0001 3417-N30000483 1.000 EA $ _______________ $ ______________ Milling, Gantry
PRICING TERMS: Firm Fixed Price
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 365 DAYS ADO
PREP FOR DELIVERY:
WILL BE PACKAGED IN ACCORDANCE WITH ASTM D3951.
MCAS BEACHEY ROAD BUILDING 148, BAY E CHERRY POINT, NC 28533
GOVT USE External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date. 0001 7011320929 0001 N/A N/A N/A 03/06/2026

SUPPLIES/SERVICES: 3419-N00001761
ITEM DESCRIPTION:
Tooling I/A/W Purchase Description 25-30-1000 Dated February 23, 2026.
DLA issues this document using the DoD authorized unit of issue, please refer to the following URL to determine the corresponding ANSI X12 unit of issue.
https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS% 2FeApplications%2FLogDataAdmin%2FUnitofIssueandPurchaseUnit.xlsx&wdOrigin=BROWSELINK
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT. 0002 3419-N00001761 1.000 EA $ _______________ $ ______________ IPE Tooling
PRICING TERMS: Firm Fixed Price
SPE4A8-26-Q-0024
SUPPLY/SERVICE: 3419-N00001761 CONT'D
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 365 DAYS ADO
PREP FOR DELIVERY:
WILL BE PACKAGED IN ACCORDANCE WITH ASTM D3951.
MCAS BEACHEY ROAD BUILDING 148, BAY E CHERRY POINT, NC 28533
GOVT USE External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date. 0002 7011320929 0002 N/A N/A N/A 03/06/2026

SUPPLIES/SERVICES: 3460-N00004594
ITEM DESCRIPTION:
Training I/A/W Purchase Description 25-30-1000 Dated February 23, 2026.
DLA issues this document using the DoD authorized unit of issue, please refer to the following URL to determine the corresponding ANSI X12 unit of issue.
https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS% 2FeApplications%2FLogDataAdmin%2FUnitofIssueandPurchaseUnit.xlsx&wdOrigin=BROWSELINK
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT. 0003 3460-N00004594 1.000 EA $ _______________ $ ______________ IPE Training
PRICING TERMS: Firm Fixed Price
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 365 DAYS ADO
PREP FOR DELIVERY:
WILL BE PACKAGED IN ACCORDANCE WITH ASTM D3951.
MCAS BEACHEY ROAD BUILDING 148, BAY E CHERRY POINT, NC 28533
SPE4A8-26-Q-0024
SUPPLY/SERVICE: 3460-N00004592 CONT'D
GOVT USE External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date. 0003 7011320929 0003 N/A N/A N/A 03/06/2026

SUPPLIES/SERVICES: 3460-N00004592
ITEM DESCRIPTION:
Technical Data I/A/W Purchase Description 25-30-1000 Dated February 23, 2026.
DLA issues this document using the DoD authorized unit of issue, please refer to the following URL to determine the corresponding ANSI X12 unit of issue.
https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS% 2FeApplications%2FLogDataAdmin%2FUnitofIssueandPurchaseUnit.xlsx&wdOrigin=BROWSELINK
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT. 0004 3460-N00004592 1.000 LT $ _______________ $ ______________ IPE Technical Data
PRICING TERMS: Firm Fixed Price
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 365 DAYS ADO
PREP FOR DELIVERY:
WILL BE PACKAGED IN ACCORDANCE WITH ASTM D3951.
MCAS BEACHEY ROAD BUILDING 148, BAY E CHERRY POINT, NC 28533
GOVT USE External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date. 0004 7011320929 0004 N/A N/A N/A 03/06/2026

SUPPLIES/SERVICES: 3460-N00004587
ITEM DESCRIPTION:
IUID Tag I/A/W Purchase Description 25-30-1000 Dated February 23, 2026.
SPE4A8-26-Q-0024
SUPPLY/SERVICE: 3460-N00004587 CONT'D
DLA issues this document using the DoD authorized unit of issue, please refer to the following URL to determine the corresponding ANSI X12 unit of issue.
https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS% 2FeApplications%2FLogDataAdmin%2FUnitofIssueandPurchaseUnit.xlsx&wdOrigin=BROWSELINK
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT. 0005 3460-N00004587 1.000 EA $ _______________ $ ______________ IPE IUID Tag
PRICING TERMS: Firm Fixed Price
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 365 DAYS ADO
PREP FOR DELIVERY:
WILL BE PACKAGED IN ACCORDANCE WITH ASTM D3951.
MCAS BEACHEY ROAD BUILDING 148, BAY E CHERRY POINT, NC 28533
GOVT USE External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date. 0005 7011320929 0005 N/A N/A N/A 03/06/2026

SUPPLIES/SERVICES: 3460-N00004584
ITEM DESCRIPTION:
Foundation I/A/W Purchase Description 25-30-1000 Dated February 23, 2026.
DLA issues this document using the DoD authorized unit of issue, please refer to the following URL to determine the corresponding ANSI X12 unit of issue.
https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS% 2FeApplications%2FLogDataAdmin%2FUnitofIssueandPurchaseUnit.xlsx&wdOrigin=BROWSELINK
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT. 0006 3460-N00004584 1.000 EA $ _______________ $ ______________ IPE Foundation
PRICING TERMS: Firm Fixed Price
QTY VARIANCE: PLUS 0% MINUS 0%
SPE4A8-26-Q-0024
SUPPLY/SERVICE: 3460-N00004584 CONT'D
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 365 DAYS ADO
PREP FOR DELIVERY:
WILL BE PACKAGED IN ACCORDANCE WITH ASTM D3951.
MCAS BEACHEY ROAD BUILDING 148, BAY E CHERRY POINT, NC 28533
GOVT USE External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date. 0006 7011320929 0006 N/A N/A N/A 03/06/2026

SUPPLIES/SERVICES: 3460-N30001227
ITEM DESCRIPTION:
Removing of Equipment I/A/W Purchase Description 25-30-1000 Dated February 23, 2026.
DLA issues this document using the DoD authorized unit of issue, please refer to the following URL to determine the corresponding ANSI X12 unit of issue.
https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS% 2FeApplications%2FLogDataAdmin%2FUnitofIssueandPurchaseUnit.xlsx&wdOrigin=BROWSELINK
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT. 0007 3460-N30001227 1.000 EA $ _______________ $ ______________ Removal of Equipment
PRICING TERMS: Firm Fixed Price
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 365 DAYS ADO
PREP FOR DELIVERY:
WILL BE PACKAGED IN ACCORDANCE WITH ASTM D3951.
MCAS BEACHEY ROAD BUILDING 148, BAY E CHERRY POINT, NC 28533
SPE4A8-26-Q-0024
SUPPLY/SERVICE: 3460-N00004591 CONT'D
GOVT USE External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date. 0007 7011320929 0007 N/A N/A N/A 03/06/2026

SUPPLIES/SERVICES: 3460-N00004591
ITEM DESCRIPTION:
Shipping I/A/W Purchase Description 25-30-1000 Dated February 23, 2026.
DLA issues this document using the DoD authorized unit of issue, please refer to the following URL to determine the corresponding ANSI X12 unit of issue.
https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS% 2FeApplications%2FLogDataAdmin%2FUnitofIssueandPurchaseUnit.xlsx&wdOrigin=BROWSELINK
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT. 0008 3460-N00004591 1.000 EA $ _______________ $ ______________ IPE Shipping
PRICING TERMS: Firm Fixed Price
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 365 DAYS ADO
PREP FOR DELIVERY:
WILL BE PACKAGED IN ACCORDANCE WITH ASTM D3951.
MCAS BEACHEY ROAD BUILDING 148, BAY E CHERRY POINT, NC 28533
GOVT USE External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date. 0008 7011320929 0008 N/A N/A N/A 03/06/2026

SUPPLIES/SERVICES: 3460-N00004586
ITEM DESCRIPTION:
Installation I/A/W Purchase Description 25-30-1000 Dated February 23, 2026.
DLA issues this document using the DoD authorized unit of issue, please refer to the following URL to determine the
SPE4A8-26-Q-0024
SUPPLY/SERVICE: 3460-N00004586 CONT'D
corresponding ANSI X12 unit of issue.
https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS% 2FeApplications%2FLogDataAdmin%2FUnitofIssueandPurchaseUnit.xlsx&wdOrigin=BROWSELINK
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT. 0009 3460-N00004586 1.000 EA $ _______________ $ ______________ IPE Installation
PRICING TERMS: Firm Fixed Price
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 365 DAYS ADO
PREP FOR DELIVERY:
WILL BE PACKAGED IN ACCORDANCE WITH ASTM D3951.
MCAS BEACHEY ROAD BUILDING 148, BAY E CHERRY POINT, NC 28533
GOVT USE External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date. 0009 7011320929 0009 N/A N/A N/A 03/06/2026

SUPPLIES/SERVICES: 3460-N00001786
ITEM DESCRIPTION:
Post Processor I/A/W Purchase Description 25-30-1000 Dated February 23, 2026.
DLA issues this document using the DoD authorized unit of issue, please refer to the following URL to determine the corresponding ANSI X12 unit of issue.
https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS% 2FeApplications%2FLogDataAdmin%2FUnitofIssueandPurchaseUnit.xlsx&wdOrigin=BROWSELINK
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT. 0010 3460-N00001786 1.000 EA $ _______________ $ ______________ IPE Post Processor
PRICING TERMS: Firm Fixed Price
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
SPE4A8-26-Q-0024
SUPPLY/SERVICE: 3460-N00001786 CONT'D
FOB: DESTINATION DELIVERY DATE: 365 DAYS ADO
PREP FOR DELIVERY:
WILL BE PACKAGED IN ACCORDANCE WITH ASTM D3951.
MCAS BEACHEY ROAD BUILDING 148, BAY E CHERRY POINT, NC 28533
GOVT USE External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date. 0010 7011320929 0010 N/A N/A N/A 03/06/2026

SUPPLIES/SERVICES: 3460-N00004590
ITEM DESCRIPTION:
Rigging I/A/W Purchase Description 25-30-1000 Dated February 23, 2026.
DLA issues this document using the DoD authorized unit of issue, please refer to the following URL to determine the corresponding ANSI X12 unit of issue.
https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS% 2FeApplications%2FLogDataAdmin%2FUnitofIssueandPurchaseUnit.xlsx&wdOrigin=BROWSELINK
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT. 0011 3460-N00004590 1.000 EA $ _______________ $ ______________ IPE Rigging
PRICING TERMS: Firm Fixed Price
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE: 365 DAYS ADO
PREP FOR DELIVERY:
WILL BE PACKAGED IN ACCORDANCE WITH ASTM D3951.
MCAS BEACHEY ROAD BUILDING 148, BAY E CHERRY POINT, NC 28533
SPE4A8-26-Q-0024
SUPPLY/SERVICE: 3460-N00004590 CONT'D
GOVT USE External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date. 0011 7011320929 0011 N/A N/A N/A 03/06/2026

SPE4A8-26-Q-0024
Form
52.232-11 EXTRAS (APR 1984) FAR
52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997) FAR
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (NOV 2021) FAR
252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (DEVIATION 2020-O0005)
(FEB 2020) DFARS
(a) Definitions. As used in this provision -“Agency or instrumentality of the government of Venezuela” means an agency or instrumentality of a foreign state as defined in section 28 U.S. C. 1603(b), with each reference in such section to “a foreign state” deemed to be a reference to “Venezuela.” “Business operations” means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. “Government of Venezuela” means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela. “Person” means -(1) A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; (2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701 (c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and (3) Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraphs (1) or (2) of this definition. (b) Prohibition. In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officers are prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government, unless the person has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury. (c) Representation. By submission of its offer, the Offeror represents that the Offeror -(1) Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government; or (2) Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury. (End of provision)
H14 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (DEC 2021)
Part 12 Clauses
52.212-4 CONTRACT TERMS AND CONDITIONS -COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) FAR
52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES ALTERNATE I
(NOV 2021) FAR
Alternate I. As prescribed in 12.301 (b)(3), insert the following clause: 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
SPE4A8-26-Q-0024
Part 12 Clauses (CONTINUED)
after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier. ((4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [ Insert portion of labor rate attributable to profit. ] (5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may (A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or (B) Terminate this contract for cause. (ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract. (6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to (i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or (ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified. (7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract (8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract. (9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property. (e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause (i) 'Direct materials' means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service. (ii) “Hourly rate” means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are(A) Performed by the contractor; (B) Performed by the subcontractors; or (C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control. (iii) “Materials” means(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control; (B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract; (C) Other direct costs ( e.g. , incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.); (D) The following subcontracts for services which are specifically excluded from the hourly rate: [ Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule. ]; and (E) Indirect costs specifically provided for in this clause. (iv) “Subcontract” means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders. (i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer: (i) Hourly rate. (A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis. (B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer. (C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative. (D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract. (E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis. ( 1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated. ( 2 ) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract. ( 3 ) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer. (ii) Materials. (A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not
SPE4A8-26-Q-0024
Part 12 Clauses (CONTINUED)
exceed the Contractor's established catalog or market price, adjusted to reflect the ( 1 ) Quantities being acquired; and ( 2 ) Any modifications necessary because of contract requirements. (B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or (2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice. (C) To the extent able, the Contractor shall(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and (2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract. (D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed. (1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: [ Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert “None” if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert None'.” ] ( 2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: [ Insert a fixed amount for the indirect costs and payment schedule. Insert “$0” if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert None').” ] (2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract. (3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price. (4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer): (i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract; (ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment(A) The original timecards (paper-based or electronic); (B) The Contractor's timekeeping procedures; (C) Contractor records that show the distribution of labor between jobs or contracts; and (D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices. (iii) For material and subcontract costs that are reimbursed on the basis of actual cost(A) Any invoices or subcontract agreements substantiating material costs; and (B) Any documents supporting payment of those invoices. (5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the(A) Circumstances of the overpayment ( e.g. , duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6)(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary
SPE4A8-26-Q-0024
Part 12 Clauses (CONTINUED)
until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on(A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract. (viii) Upon receipt and approval of the invoice designated by the Contractor as the “completion invoice” and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion. (7) Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions. (i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor. (ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier. (iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents. (8) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (9) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (10) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS --COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (MAR 2025) (DEVIATION 2025-O0004) FAR
This clause incorporates by reference only those clauses required to implement provisions of law or Executive orders applicable to the acquisition of commercial products or commercial services. The contracting officer shall attach this clause to the solicitation and contract and, using the appropriate clause prescriptions, indicate which, if any, of the additional clauses cited in 52.212-5(b) or (c) are applicable to the specific acquisition. Some of the clauses require fill-in; the fill-in language should be inserted as directed by 52.104(d). When cost information is obtained pursuant to part 15 to establish the reasonableness of prices for commercial products or commercial services, the contracting officer shall insert the clauses prescribed for this purpose in an addendum to the solicitation and contract. This clause may not be tailored. (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
SPE4A8-26-Q-0024
Part 12 Clauses (CONTINUED)
(1) 52.203 -19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113 -235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204 -23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115 -91). (3) 52.204 -25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1) (A) of Pub. L. 115 -232). (4) 52.209 -10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.232 -40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). (6) 52.233 -3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (7) 52.233 -4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108 -77 and 108 -78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.] [] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655) [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111 -5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [] (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712 ); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community --see FAR 3.900(a). [X] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109 -282) (31 U.S.C. 6101 note). [] (6) [Reserved] [] (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111 -117, section 743 of Div. C). [] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111 -117, section 743 of Div. C). [X] (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117 -328). [] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders --Federal Supply Schedules, Governmentwide Acquisition Contracts, and MultiAgency Contracts. (DEC 2023) ( Pub. L. 115 -390 , title II). [] (11)(i) 52.204-30 , Federal Acquisition Supply Chain Security Act Orders --Prohibition. (Dec 2023) ( Pub. L. 115 -390 , title II). [] (ii) Alternate I (DEC 2023) of 52.204 -30. [X] (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note). [X] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). [] (14) [Reserved] [] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a). [] (16) 52.219-4, Notice of Price NSN/Part Number: 3460N30001227 Quantity: 1 EA Delivery: 365 days ADO

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