SAM #W912J326QDP02

NMARNG Yellow Ribbon Event: Venue, Lodging, Dining, Childcare, and Event Services Solicitation

The New Mexico Army National Guard (NMARNG) is seeking a fixed-price contract for comprehensive event support services for the 1200th INF NORTH Yellow Ribbon Reintegration Program event. - Government Buyer: - Department of Defense, Department of the Army, National Guard Bureau (NMARNG), W7NQ USPFO ACTIVITY NM ARNG office - NMARNG J9 office is the end user - Products and Services Requested: - Venue and facilities within 30 miles of the New Mexico National Guard Readiness Center (4001 Northwest Loop, Rio Rancho, NM 87144) - General assembly room for up to 450 attendees - Three adult breakout rooms (100 chairs each) - Two youth breakout rooms (one for 30 youth ages 6-18, one for 20 youth ages 0-6) - Provider display area (20 tables) - Parking for approximately 350 vehicles at no cost - Audio-visual support (AV carts, sound, internet, screens, projectors, microphones) - Lodging services - 50 double-occupancy rooms for participants traveling 150+ miles (cleaned to industry standards, at or below GSA daily rate) - No-cost parking and pre-event site walkthrough required - Dining services - Menu plan and food accommodations for all attendees - Childcare services - Licensed childcare for up to 50 youth (20 ages 0-5, 30 ages 6-18) - Staff must have background checks, liability insurance, and provide age-appropriate activities - Event logistics and management - Registration support (three personnel) - Contract manager/alternate and quality control plan - Unique or Notable Requirements: - Venue must be within 30 miles of the Readiness Center (distance verified by Google Maps) - All services must comply with state licensing and safety regulations - Offerors must be registered in SAM.gov - Technical approach limited to five pages; pricing must be clearly annotated - Event setup and execution on June 18-19, 2026 - No specific OEMs or commercial vendors are named in the solicitation or attachments.

Description

Combined Synopsis: NMARNG 1200th INF NORTH 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 list 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 18-19, 2026 b. Place of Performance: 30 miles from the New Mexico National Guard Readiness Center Rio Rancho, NM. Google maps will be utilized to calculate distances, end-point used will be 4001 Northwest Loop, Rio Rancho, NM 87144. c. List of Attachments: i. Performance Work Statement (PWS) ii. Wage Determination 15-5443

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 SUPPLIES 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 Rio Rancho Readiness Center), 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.

End of clause

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