HC-130J Aircraft Exterior Wash Services

This combined synopsis/solicitation replaces canceled solicitation W50S8G26QOR07. Quotes submitted under W50S8G26QOR07 will not be considered for award. Offerors that previously submitted quotes should review this solicitation carefully, as the requirements have changed, and submit a new quote under W50S8G27Q0001.

1. This document serves as the Request For Quote (RFQ) for commercial services prepared in accordance with Revolutionary FAR Overhaul (RFO) Federal Acquisition Regulation (FAR) 12.202(b)(1). This is the only solicitation that will be issued; we are requesting quotes, and no written solicitation will follow.

Please refer to "W50S8G27Q0001 on all quotes that are submitted to the Government for this combined synopsis/solicitation. This solicitation is issued as a Request for Quotation (RFQ) and incorporates all provisions and clauses in effect through the Federal RFO FAR. All responsible sources are invited to submit a quote. a.

IMPORTANT Notices for Offerors i.

Governing Regulations: This solicitation is governed by the regulations effective February 1, 2026, under Class Deviation 2026-O0028 Revolutionary FAR Overhaul (RFO) Part 12, and DFARS 212. ii.

Business Classification: This acquisition is designated as a total small business set-aside. The North American Industry Classification System (NAICS) code is 488190 Other Support Activities for Air Transportation, and the Product Service Code (PSC) is PSC J015 maintenance/repair/rebuild of equipment- aircraft and airframe structural components. The standard size for this NAICS is $40,000,000. iii.

System for Award Management (SAM) Registration: To be considered for an award, all offerors must have an active registration in the System for Award Management (SAM) at https://sam.gov/ iv. The contracting officer will verify the prospective awardee's representations and certifications in SAM prior to issuing an award. Failure to maintain SAM registration will result in the offeror being deemed non-responsive and potentially ineligible for the award. v.

Payment Instructions: For details regarding payment and acceptance, please refer to DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023), which is incorporated in full below. Please note that all payments will be 30 days after an invoice is submitted via Wide Area Work Flow (WAWF) and accepted by the Government. Invoices can only be submitted after a completion/acceptance of an aircraft wash. vi.

Applicable Commercial Clauses: The following commercial provisions and clauses are applicable to this acquisition:

1. FAR 52.212-1: Instructions to OfferorsCommercial Products and Commercial Services (FEB 2026) 2.

FAR 52.212-4: Terms and ConditionsCommercial Products and Commercial Services (FEB 2026) vii.

Additional Terms: No other terms and conditions have been deemed necessary for this acquisition beyond what is listed in this RFQ. viii. 52.232-18 Availability of Funds (April 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made.

No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. b.

QUESTIONS AND INQUIRIES: Please submit all questions and inquiries via email to SMSgt Edwin Widgeon at [email on the source notice] no later than October 15, 2026, at 11:00 AM MST. Questions received after this time may not be acknowledged or answered. c.

QUOTE SUBMISSION: Please submit your quote via email to the points of contact listed above no later than October 22, 2026 at 11:00 AM MST. It is the vendor's responsibility to monitor SAM.gov for any questions and answers documents posted as well as amendments posted for this requirement. Quotes are to be submitted [email on the source notice]. d.

LATE QUOTES: In accordance with FAR 52.212-1, any quotes received after the due date may be disqualified. e. It is the offeror's responsibility to ensure the Government receives their quote before the deadline. f.

QUOTE CONFORMITY AND COMPLETENESS: Offerors are responsible for submitting a complete and conforming quote that addresses all submission requirements outlined in this solicitation. i.

Conformity with Instructions: Quotes that do not conform to the instructions, such as exceeding page limitations or failing to provide the requested information, may be considered unacceptable and may not be evaluated. ii.

Relevance of Information: To ensure an efficient evaluation, offerors should only submit the specific documents and information requested. Extraneous materials or ANY documents not explicitly required may not be evaluated. g. EVALUATION.

IAW RFO FAR 12.203(a); the following factors will be used to evaluate quotes: i.

FACTOR 1: TECHNICAL SOLUTION. Offerors shall submit a concise Technical Approach within their quotation that explains how they will execute the PWS requirements. (Page limitation 5 pages) ii.

FACTOR 2: EXPERIENCE. This factor evaluates the depth and relevance of the offeror's actual history in performing work similar in scope, complexity, and magnitude to this solicitation, as distinct from Past Performance, which assesses the quality of that work. Offerors must demonstrate a history of execution on similar projects, as the Government will comparatively evaluate the depth and breadth of each offeror's experience to determine which offers represent the best value.

(Attachment 3. Page Limitation 2 pages per experience).

Attachment 3 must be used to submit experience, up to three experiences can be submitted. If a subcontractor is submitted to demonstrate experience, your company must utilize that same subcontractor upon contract award. Replacing them with a different subcontractor will constitute a breach of contract. iii.

FACTOR 3: PRICE. The Government will evaluate the offeror's total quoted price to ensure it is fair and reasonable. Total Evaluated Price (TEP) will be calculated based on the total price for all 10 washes (7 scheduled + 3 unscheduled) per year for the base and four option years and will encompass all applicable costs, including labor, materials, equipment, and administrative fees.

In accordance with (IAW) FAR 52.217-5, the Government will evaluate the base year and all four

1. option years to calculate the TEP.

(Attachment 4). 1. Providing identical pricing across the base year and all four

1. option years, without reflecting any escalation rate, may be deemed unrealistic.

Offerors should consider the impact of inflation over the five-year performance period when formulating the quotation's pricing. h. BASIS OF AWARD. IAW RFO FAR 12.203(c)(2) The contracting officer has broad discretion in establishing how quotations will be evaluated.

The Government will award a single, firm-fixed-price purchase order to the vendor responsible whose quotation represents the best value to the Government. The Contracting Officer will determine offeror responsibility IAW RFO FAR 9.104. The Government may also utilize the Contractor Performance Assessment Reporting System (CPARS) and the Federal Awardee Performance Integrity Information System (FAPIIS), along with other Government and non-Government sources when determining the responsibility of an offeror.

The Contracting Officer will conduct a comparative evaluation of all timely quotations. i. Please note that the evaluation procedures of RFO FAR Part 14 (Sealed Bidding) and RFO FAR Part 15 (Contracting by Negotiation) do not apply to this acquisition. The Government is not required to, and will not establish or utilize formal evaluation plans, assign numerical, adjectival, or color-coded scores to quotations, or establish a competitive range. ii.

The Government will conduct a comparative evaluation of quotations to determine which quote represents the best value to the Government. Under RFO FAR Part 12 comparative evaluation procedures, the Government will directly compare the relative factor of each vendor's Technical Approach and Experience against their quoted Price. Accordingly, the Government may select a higher-priced quotation for award if it is determined that the technical and experience advantages of that quote outweigh the price difference and represent the most advantageous offer.

Conversely, the Government will not pay a premium price for technical or experience advantages that do not provide a clear benefit to the Government. The Contracting Officer reserves the right to communicate with any, all, or none of the vendors at any point during the evaluation. These communications are not governed by the restrictive discussions rules of RFO FAR Part

1. The Government may solicit revised quotations or resolve minor details with one or more vendors without the obligation to open discussions or request final quote revisions from any vendors. Vendors are strongly encouraged to submit their best technical and pricing terms in their initial quotation. i.

CONTRACT TYPE. Firm Fixed Price (FFP) Contract j. The established budget parameter for the entire 5-year Period of Performance (PoP) of this acquisition is estimated to be between $250,000.00 and $300,000.00. i.

This figure represents a budget guideline only; the offeror is not prohibited from quoting a price outside this range. The offeror may submit a quotation above or below this parameter if deemed necessary to accurately reflect their offered technical approach. The Government reserves the right to award a purchase order outside this budget parameters if it represents the best value.

2.

GENERAL REQUIREMENT: a. Seven

1. scheduled washes per year b.

Three

1. unscheduled washes per year c.

Period of Performance: One

1. Base Year and Four
2. Options Year.

Total Five

1. Years. d.

Place of Performance: Hangar 1000 or 1002, Kirtland Air Force Base, NM 87117. e.

List of Attachments: i. Attachment 01 Performance Work Statement. Dated October 7, 2026 ii.

Attachment 02 SCA Wage Determination. Dated August 27, 2026 iii. Attachment 03 Experience iv.

Attachment 04 Schedule v. Attachment 05 Questions and Answers Document 1 vi. Attachment 06 PDF Copy of This Combined Synopsis/Solicitation for ease of reading

1. REQUIRED DOCUMENT. Failure to provide all required documentation listed below may result in the quotation being excluded from the comparative evaluation and eliminated from award consideration.

Quotations exceeding the page limitations may also be excluded from the comparative evaluation and eliminated from award consideration. i. TECHNICAL SOLUTION. 5 pages limitation ii.

ATTACHMENT 3 - EXPRIENCE. 2 pages limitation per experience (up to three experiences can be submitted) iii. ATTACHMENT 4 SCHEDULE

1. PROVISIONS/ CLAUSES INCORPORATED BY REFERENCE (IBR) Offerors are responsible for adhering to all applicable Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) provisions and clauses for this solicitation. The full text of these regulations is available at https://www.acquisition.gov/

52.203-2 Certificate of Independent Price Determination (Apr 1985) 52.203-7 Anti-Kickback Procedures (Jun 2020) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2024) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-7 System for Award Management-Registration. (Deviation 2026-O0038) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Deviation 2026-O0038) 52.204-13 System for Award Management-Maintenance.

(Deviation 2026-O0038) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-91 (DEV) Contractor Identification (Deviation 2026-O0043) 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (Deviation 2026-O0038) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026-O0038) 52-209-10 Prohibition on Contracting With Inverted Domestic Corporations.

(Deviation 2026-O0038) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (Deviation 2026-O0038) 52.212-1 Instructions to OfferorsCommercial Products and Commercial Services (Sep 2023) 52.217-5 Evaluation of Options (July 1990) 52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026-O0038) 52.219-28 Postaward Small Business Program Representation.

(Deviation 2026-O0038) 52.222-3 Convict Labor. (Deviation 2026-O0038) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment. (Deviation 2026-O0038) 52.222-35 Equal Opportunity for Veterans.

(Deviation 2026-O0038) 52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026-O0038) 52.222-37 Employment Reports on Veterans. (Deviation 2026-O0038) 52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) 52.222-50 Combating Trafficking in Persons.

(Deviation 2026-O0038) 52.222-54 Employment Eligibility Verification. (Deviation 2026-O0038) 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (Deviation 2026-O0038) 52.222-62 Paid Sick Leave Under Executive Order 13706.

(Deviation 2026-O0038) 52.222-90 Addressing DEI Discrimination by Federal Contractors. (Deviation 2026-O0040, Revision

1. 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024) 52.223-23 Sustainable Products.

(Deviation 2026-O0038) 52.226-7 Drug-Free Workplace (May 2024) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-23 Alt I Assignment of Claims (May 2014) 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-1 Disputes. (Deviation 2026-O0038) 52.233-2 Service of Protest. (Deviation 2026-O0038) 52.233-3 Protest after Award.

(Deviation 2026-O0038) 52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026-O0038) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026-O0038) 52.240-91 Security Prohibitions and Exclusions.

(Deviation 2026-O0038) 52.244-6 Subcontracts for Commercial Products and Commercial Services (2026) 52.246-4 Inspection of Services-Fixed-Price (Aug 1996) 52.247-34 F.o.b. Destination (Nov 1991) 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022) 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2022) 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN 2023) 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) 252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT INFORMATION (JAN 2023) 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (MAY 2024) 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICESREPRESENTATION (DEC 2019) 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023) 252.204-7019 NOTICE OF NIST SP 800171 DOD ASSESSMENT REQUIREMENTS (NOV 2023) 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023) 252.204-7022 EXPEDITING CONTRACT CLOSEOUT (MAY 2021) 252.204-7024 NOTICE ON THE USE OF THE SUPPLIER PERFORMANCE RISK SYSTEM (MAR 2023) 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (MAY 2019) 252.209-7011 REPRESENTATION FOR RESTRICTION ON THE USE OF CERTAIN INSTITUTIONS OF HIGHER EDUCATION (AUG 2025) 252.209-7012 PROHIBITION RELATING TO CONFLICTS OF INTEREST IN CONSULTING SERVICESCERTIFICATION (OCT 2025) 252.215-7010 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATABASIC (MAY 2024) 252.215-7013 SUPPLES AND SERVICES PROVIDED BY NONTRADITIONAL DEFENSE CONTRACTORS (JAN 2023) 252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS MATERIALSBASIC (SEP 2014) 252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JAN 2023) 252.225-7000 BUY AMERICANBALANCE OF PAYMENTS PROGRAM CERTIFICATEBASIC (FEB 2024) 252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (MAR 2022) 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022) 252.225-7048 EXPORT CONTROLLED ITEMS (JUNE 2013) 252.225-7055 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (MAY 2022) 252.225-7056 PROHIBITION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (JAN 2023) 252.225-7060 PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG UYGHUR AUTONOMOUS REGION (JUN 2023) 252.225-7972 (DEV) PROHIBITION ON THE PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS (MAY 2020) (DEVIATION 2020-O0015) 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018) 252.232-7004 Alt I DOD PROGRESS PAYMENT RATES. (OCT 2014) 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL (JAN 2023) 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2022) 252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES ( NOV 2023 ) 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEABASIC (OCT 2024) 252.270-7000 PILOT PROGRAM TO INCENTIVIZE CONTRACTING WITH EMPLOYEE-OWNED BUSINESSES-REPRESENTATION.

(NOV 2024) 252.270-7001 PILOT PROGRAM TO INCENTIVIZE CONTRACTING WITH EMPLOYEE-OWNED BUSINESSES-SUBCONTRACTING CERTIFICATION. 252.270-7002 PILOT PROGRAM TO INCENTIVIZE CONTRACTING WITH EMPLOYEE-OWNED BUSINESSES. (NOV 2024)

1. PROVISION/ CLAUSES INCORPORATED BY FULL TEXT (FT) 52.212-4 Terms and ConditionsCommercial Products and Commercial Services (FEB 2026) (a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance.

The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights

1. Within a reasonable time after the defect was discovered or should have been discovered; and
2. Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

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

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference.

The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (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.

Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall

1. Notify the Contracting Officer in writing as soon as possible;
2. Remedy the delay as quickly as possible; and
3. Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315.

The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b). (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) Payment

1. Items accepted.

Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

1. 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.

1. 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.

1. Overpayments.

If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or 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; (D) Contractor point of contact; and (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

1. Interest.

(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, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed 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 FAR part 33 if (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (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 part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 in effect on the date of this contract. (j) Risk of loss.

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

1. Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
2. Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (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 and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery.

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. (n) Title.

Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Compliance with laws unique to Government contracts.

The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

1. The schedule of supplies/services;
2. The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
3. Other contract clauses incorporated in the solicitation or contract;
4. Addenda to this solicitation or contract;
5. Solicitation provisions incorporated in the solicitation;
6. Other paragraphs of this clause;
7. Other documents, exhibits, and attachments; and
8. The specification.

(s) Unauthorized obligations.

1. Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an I agree click box or other comparable mechanism (e.g., click-wrap or browse-wrap agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

1. Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedur...