Yellow Ribbon 1-200th South Las Cruses , NM June 11-12 2026

Combined Synopsis:
NMARNG 1200th INF SOUTH Post Deployment Yellow Ribbon

1.    This document serves as a combined Synopsis/Solicitation for commercial supplies and services, prepared in accordance with 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 "RFQ” on all quotes. This solicitation is issued as a Request for Quotation (RFQ) and incorporates all provisions and clauses in effect through the Federal Acquisition Regulation (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 721110, with a size standard of $40.0 Million and the Product Service Code (PSC) is V231. 

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. 

vi.    Applicable Commercial Clauses: The following commercial provisions and clauses are applicable to this acquisition:
1.    FAR 52.212-1: Instructions to Offerors—Commercial Products and Commercial Services (FEB 2026) 
2.    FAR 52.212-2: Evaluation—Commercial Products and Commercial Services (FEB 2026) 
3.    FAR 52.212-4: Terms and Conditions—Commercial Products and Commercial Services (FEB 2026) 

vii.    Technical approach must be submitted for evaluation purposes, please see FAR provision 52.212-2 below in full text for evaluation criteria. The technical approach cannot exceed 5 pages, technical approaches exceeding 5 pages may not be evaluated. 

viii.    Any requirement outlined in the Performance Work Statement (PWS) that is not explicitly priced in the offeror's quote will be considered inclusive and provided at no additional cost to the Government. No subsequent contract modifications will be issued to correct or adjust for offeror pricing omissions.

ix.    Additional Terms: No other terms and conditions have been deemed necessary for this acquisition beyond what is listed in this combined synopsis/solicitation.

b.    QUESTIONS AND INQUIRIES: Please submit all questions and inquiries via email to Dangela Parsons Dangela.l.parsons.civ@army.mil later than May 13, 2026, at 11:00 AM MST. Questions received after this time may not be addressed.

c.    QUOTE SUBMISSION: Please submit your quote via email to the points of contact listed above no later than May 18, 2026, at 11:00 AM MST. It is the vendor's responsibility to monitor SAM.gov for any amendments to this requirement. Include the RFQ number in the email subject line. 

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.    PRICE LIST: Please provide your price as part of your quote. Your pricing schedule must clearly annotate pricing or the words, "Not Separately Priced" (NSP) or "No Cost" for each requirement identified in the Performance Work Statement. While the Government will treat unpriced requirements as inclusive at no additional cost, the omission of these specific annotations may cause your quote to be deemed non-responsive. Unit prices shall include all applicable fees, to include any non-exempt taxes. A total price for the quote must be included in your quote, quotes that do not list the total price may be deemed non-responsive. 

g.    COMPLETENESS OF INFORMATION: Incomplete information may lead to the disqualification of your quote. To expedite the evaluation process, please do not submit documents that were not requested in the solicitation. It is important to inform the contracting office if your quote does not meet all of the Government's requirements. All items must meet or exceed the specifications outlined in the Performance Work Statement (PWS) and any other attached documents.

h.    CONTRACT TYPE: Fixed-Price Contract 

2.    GENERAL REQUIREMENT:
a.    Period of Performance: June 11-12 2026.
b.    Place of Performance: 30 miles from the New Mexico National Guard Readiness Center Las Cruces, NM. Google maps will be utilized to calculate distances, end-point used will be 249 N Armory Rd, NM 88007.
i.    Performance Work Statement (PWS)
ii.    Wage Determination 15-5447

3.    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/.

52.203-3        Gratuities (Apr 1984)
52.203-6 Alt I    Restrictions on Subcontractor Sales to the Government (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)
52.204-2        Security Requirements (Mar 2021)
52.204-7        System for Award Management (Nov 2024)
52.204-9        Personal Identity Verification of Contractor Personnel (Jan 2011)
52.204-10    Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016)
52.204-13    System for Award Management Maintenance. (Oct 2018)
52.204-16    Commercial and Government Entity Code Reporting (Aug 2020)
52.204-17    Ownership or Control of Offeror (Aug 2020)
52.204-18    Commercial and Government Entity Code Maintenance (Aug 2020)
52.204-19    Incorporation by Reference of Representations and Certifications (Dec 2014)
52.204-20    Predecessor of Offeror (Aug 2020)
52.204-21    Basic Safeguarding of Covered Contractor Information Systems (Nov 2021)
52.204-22    Alternative Line Item Proposal (Jan 2017)
52.204-23    Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities. (Dec 2023)
52.209-6    Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025)
52-209-10    Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015)
52.209-11    Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)
52.212-1        Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023)
52.214-34    Submission of Offers in the English Language (Apr 1991)
52.216-27    Single or Multiple Awards (Oct 1995)
52.216-32    Task-Order and Delivery-Order Ombudsman (Sept 2019)
52.217-5        Evaluation of Options (July 1990)
52.219-1 Alt I    Small Business Program Representations (Feb 2024)
52.219-3        Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022)
52.219-4        Notice of Price Evaluation preference for HUBZone Small Business Concerns (Oct 2022)
52.219-6        Notice of Total Small Business Set-Aside (Nov 2020)
52.219-8        Utilization of Small Business Concerns (Jan 2025)
52.219-27            Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2023)
52.219-28    Post award Small Business Program Representation (Jan 2025)
52.219-33    Nonmanufacturer Rule (2026)
52.222-3        Convict Labor (June 2003)
52.222-19    Child Labor-Cooperation with Authorities and Remedies (Mar 2026)
52.222-20    Contracts for Materials, Supplies, Articles, and Equipment (Jun 2020)
52.222-29    Notification of Visa Denial (Apr 2015)
52.222-36    Equal Opportunity for Workers with Disabilities (Jun 2020)
52.222-37    Employment Reports on Veterans (Jun 2020)
52.222-40    Notification of Employee Rights Under the National Labor Relations Act (2026)
52.222-41    Service Contract Labor Standards (Aug 2018)
52.222-42    Statement of Equivalent Rates for Federal Hires (May 2014)
52.222-43    Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018)
52.222-44    Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014)
52.222-48    Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification (May 2014)
52.222-50    Combating Trafficking in Persons (Oct 2025)
52.222-51    Exemption From Application Of The Service Contract Labor Standards To Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment--Requirements (May 2014)
52.222-52    Exemption From Application Of The Service Contract Labor Standards To Contracts For Certain Services--Certification (May 2014)
52.222-53    Exemption From Application Of The Service Contract Labor Standards To Contracts For Certain Services--Requirements (May 2014)
52.222-55    Minimum Wages for Contractor Workers Under Executive Order 14026 (2026)
52.222-62    Paid Sick Leave Under Executive Order 13706 (Jan 2022)
52.222-90    Addressing DEI Discrimination by Federal Contractors.
52.223-3        Hazardous Material Identification and Material Safety Data (Feb 2021)
52.223-5        Pollution Prevention and Right-to-Know Information (May 2024)
52.223-10    Waste Reduction Program (May 2024)
52.224-3        Privacy Training (Jan 2017)
52.225-14    Inconsistency Between English Version and Translation of Contract (Feb 2000)
52.229-6        Taxes-Foreign Fixed-Price Contracts (Feb 2013)
52.229-11    Tax on Certain Foreign Procurements—Notice and Representation (2026)
52.229-12    Tax on Certain Foreign Procurements (2026)
52.232-23 Alt I    Assignment of Claims (May 2014)
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)
52.233-2        Service of Protest (2026)
52.233-3        Protest after Award (Aug. 1996)
52.233-4        Applicable Law For Breach Of Contract Claim (OCT 2004)
52.237-1        Site Visit (Apr 1984)
52.237-2        Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)
52.242-13    Bankruptcy (July 1995)
52.242-14    Suspension of Work (Apr 1984)
52.242-15    Stop-Work Order (Aug 1989)
52.242-17    Government Delay of Work (Apr 1984)
52.244-6        Subcontracts for Commercial Products and Commercial Services (2026)
52.245-1        Government Property (Sep 2021)
52.245-9        Use and Charges (Apr 2012)
52.246-2        Inspection of Supplies-Fixed-Price (Aug 1996)
52.246-4        Inspection of Services-Fixed-Price (Aug 1996)
52.246-17    Warranty of Supplies of a Noncomplex Nature (June 2003)
52.246-20    Warranty of Services (May 2001)
52.247-29    F.o.b. Origin (Feb 2006)
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)
252.204-7000    DISCLOSURE OF INFORMATION (OCT 2016)
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)
252.204-7015    NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (JAN 2023)
252.204-7016    COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (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 800–171 DOD ASSESSMENT REQUIREMENTS (NOV 2023)
252.204-7020    NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023)
252.204-7021    CONTRACTOR COMPLIANCE WITH THE CYBERSECURITY MATURITY MODEL CERTIFICATION LEVEL REQUIREMENTS (NOV 2025)
252.204-7022    Expediting Contract Closeout (MAY 2021)
252.204-7024    NOTICE ON THE USE OF THE SUPPLIER PERFORMANCE RISK SYSTEM (MAR 2023)
252.209-7002    DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (DEC 2022)
252.209-7012    PROHIBITION RELATING TO CONFLICTS OF INTEREST IN CONSULTING SERVICES—CERTIFICATION (OCT 2025)
252.211-7008    USE OF GOVERNMENT-ASSIGNED SERIAL NUMBERS (SEP 2010)
252.215-7002    COST ESTIMATING SYSTEM REQUIREMENTS (JAN 2025)
252.215-7008    ONLY ONE OFFER (DEC 2022)
252.215-7013    SUPPLES AND SERVICES PROVIDED BY NONTRADITIONAL DEFENSE CONTRACTORS (JAN 2023)
252.215-7016    NOTIFICATION TO OFFERORS—POSTAWARD DEBRIEFINGS (OCT 2025)
252.216-7010    POSTAWARD DEBRIEFINGS FOR TASK ORDERS AND DELIVERY ORDERS (OCT 2025)
252.222-7002    COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN 1997)
252.223-7001    HAZARD WARNING LABELS (DEC 1991)
252.223-7006    PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS MATERIALS—BASIC (SEP 2014)
252.223-7008    PROHIBITION OF HEXAVALENT CHROMIUM (JAN 2023)
252.225-7000    BUY AMERICAN—BALANCE OF PAYMENTS PROGRAM CERTIFICATE—BASIC (FEB 2024)
252.225-7001    BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM—BASIC(FEB 2024)
252.225-7002    QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (MAR 2022)
252.225-7012    PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022)
252.225-7020    TRADE AGREEMENTS CERTIFICATE—BASIC (NOV 2014)
252.225-7021    TRADE AGREEMENTS—BASIC (FEB 2024)
225.225-7024    NOTICE ON THE USE OF THE SUPPLIER PERFORMANCE RISK SYSTEM (MAR 2023)
252.225-7031    SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)
252.225-7035    BUY AMERICAN—FREE TRADE AGREEMENTS—BALANCE OF PAYMENTS PROGRAM CERTIFICATE—BASIC (FEB 2024)
252.225-7036 Alt I    BUY AMERICAN—FREE TRADE AGREEMENTS—BALANCE OF PAYMENTS PROGRAM—BASIC (FEB 2024)
252.225-7041    CORRESPONDENCE IN ENGLISH (JUN 1997)
252.225-7042    AUTHORIZATION TO PERFORM (APR 2003)
252.225-7043    ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (JUN 2015)
252.225-7048    EXPORT CONTROLLED ITEMS (JUNE 2013)
252.225-7050    DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (DEC 2022)
252.225-7052    Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten (MAY 2024)
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)
252.225-7059    PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG UYGHUR AUTONOMOUS REGION–REPRESENTATION (JUN 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)
252.225-7976 (Dev)    " Contractor Personnel Performing in Japan. (DEVIATION 2018-
O0019) "
252.226-7002    REPRESENTATION FOR DEMONSTRATION PROJECT FOR CONTRACTORS EMPLOYING PERSONS WITH DISABILITIES (DEC 2019)
252.227-7015    TECHNICAL DATA—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)
252.227-7037    VALIDATION OF ASSERTED RESTRICTIONS ON TECHNICAL DATA (JAN 2025)
252.229-7001    TAX RELIEF—BASIC (APR 2020)
252.232-7003    ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018)
252.232-7008    ASSIGNMENT OF CLAIMS (OVERSEAS) (JUN 1997)
252.232-7010    LEVIES ON CONTRACT PAYMENTS (DEC 2006)
252.233-7001    CHOICE OF LAW (OVERSEAS) (JUN 1997)
252.237-7010    PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL (JAN 2023)
252.237-7019    TRAINING FOR CONTRACTOR PERSONNEL INTERACTING WITH DETAINEES (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 )
252.245-7003    CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION (JAN 2025)
252.246-7008    SOURCES OF ELECTRONIC PARTS (JAN 2023)
252.247-7023    TRANSPORTATION OF SUPPLIES BY SEA—BASIC (Oct 2024)
252.247-7028    APPLICATION FOR U.S. GOVERNMENT SHIPPING DOCUMENTATION/INSTRUCTIONS (JUN 2012)

4.    PROVISION/ CLAUSES INCORPORATED BY FULL TEXT (FT)

52.212-2     Evaluation—Commercial Products and Commercial Services (FEB 2026)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

Factor 1: Technical Capability
To be evaluated as technically acceptable, the offeror’s quote must demonstrate a clear understanding of and methodology for meeting the Performance Work Statement (PWS) requirements. The technical evaluation will be based on the following sub-factors:
Sub-factor A: Venue and Facilities Plan – Proximity (within 30 miles of the New Mexico National Guard Readiness Center Las Cruces , NM.), adequate general session capacity, breakout rooms (including specific requirements for both youth rooms), and provider display area.
Sub-factor B: Lodging and Logistics Plan – Ability to provide 80 double-occupancy rooms for the specified dates, no-cost parking, and a commitment to a pre-event site walkthrough.
Sub-factor C: Dining Services and Menu Plan. 
Sub-factor D: Childcare Services Plan
Sub-factor E: Management Approach – Designation of a qualified Contract Manager/Alternate and a comprehensive Quality Control approach to meet the Acceptable Quality Levels (AQLs) outlined in the PWS.
Factor 2: Pricing – will be evaluated to completeness and reasonableness

The award will be made to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government based on the two factors and subfactors above. 

RFO FAR Parts 14 and 15 will not be utilized for the evaluation of this solicitation.

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

52.212-4 Terms and Conditions—Commercial 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.
(2) 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.
(3) 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.
(4) 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.
 
(5) 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.
(2) 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 procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.232-18 Availability of Funds (Apr 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.

(End of clause)

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/this address: https://www.acquisition.gov/ 
(End of provision)

52.252-2 Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/
(End of clause)

52.252-5 Authorized Deviations in Provisions (Nov 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Defense Federal Acquisitions Regulation Supplements (DFARS) (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

52.252-6 Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisitions Regulation Supplements (DFARS) (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services—Representation, that it “does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.”
(a) Definitions. “Covered defense telecommunications equipment or services,” “covered mission,” “critical technology,” and “substantial or essential component,” as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.
(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.
(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services—Representation, that it “does” provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:
The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:
(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).
(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.
(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).
(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
N/A
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
“Invoice 2in1” 
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF    Data to be entered in WAWF
Pay Official DoDAAC    HQ0670
Issue By DoDAAC    W912J3
Admin DoDAAC**    W912J3
Inspect By DoDAAC    N/A
Ship To Code    N/A
Ship From Code    N/A
Mark For Code    N/A
Service Approver (DoDAAC)    W90XT4
Service Acceptor (DoDAAC)    W90XT4
Accept at Other DoDAAC    N/A
LPO DoDAAC    N/A
DCAA Auditor DoDAAC    N/A
Other DoDAAC(s)    N/A
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

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