Inactive

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Part 12 - Acquisition of Commercial Items and FAR Part 13, using Simplified Acquisition... This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Part 12 - Acquisition of Commercial Items and FAR Part 13, using Simplified Acquisition Procedures as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on FEDBIZOPPS. The RFQ number is N42158-19-Q-0038. This Solicitation documents and incorporates provisions and clauses in effect through FAC 2019-02 and DFARS Change Notice 20190628. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov/browsefar and http://www.acq.osd.mil/dpap/dars/dfarspgi/current/. The NAICS code is 336611 and the Small Business Standard is 1,250. The proposed contract action is for commercial services for which the Government intends to solicit and negotiate a single source, WARTSILA DEFENSE. Interested persons may identify their interest and capability to respond to the requirement or submit proposals. This Notice of Intent is NOT a request for competitive proposals. However, all bids, proposals, or quotations received by the closing response date may be considered by the Government. A determination by the Government not to compete with this proposed contract based upon responses to this Notice is solely within the discretion of the Government. Information received will normally be considered solely for determining whether to conduct a competitive procurement. Norfolk Naval Shipyard (NNSY), Portsmouth, VA requests responses from qualified sources capable of providing: ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE TOTAL 0001 Technical Services for complete major overhaul with single barrier to sea change out of the stern tube shaft seal #2 and contractor providing material overhaul kit - US71435-7/JCL001200-000. 1 Job TOTAL PRICE This announcement will close on 11 July 2019 at 9:00 AM Eastern. This requirement will be prepared in accordance with the information in FAR Part 12, using Simplified Acquisition Procedures for commercial items found at FAR Subpart 13, as supplemented with the additional information included in this notice. Accordingly, a Simplified Streamlined acquisition process will be used in the evaluation and award of the contract. 52.212-1 INSTRUCTIONS TO OFFERORS -COMMERCIAL ITEMS (FEB 2012) ADDENDUM Quotations shall be emailed to Quincy Gaines (E-mail: quincy.gaines1@navy.mil) and to USFF_NNSY_C432@nay.mil by 11 July 2019 at 9:00 AM Eastern. Quotations will consist of the following documents submitted together in Adobe Acrobat .pdf format: •1. Completed FAR 52.212-3 Representations and Certifications unless otherwise completed in SAM; •2. Price for each line item being quoted is in accordance with the Item No. listed on Page 1 of this Notice. •3. NAVSEA approval letter authorizing contractor to provide technical services for Wartsila-type surface ship stern tube and bulkhead seals. •4. Proof that overhaul kit required for stern tube shaft seal is currently in stock due to short suspense. •5. Affirmative statement the POP dates can be accommodated without delay. Award will be made for the technically acceptable item or combination of technically acceptable items that result in the lowest aggregate price to the Government. Price: The estimated amount for each line item will be added together to determine the total estimated price which will become the evaluated price. The vendor's proposed price will be evaluated on the basis of price reasonableness. All prices must be considered fair and reasonable as determined by the Government. Price quote shall be held firm and valid for sixty (60) days. The completion and submission of the above items will constitute a quote and will be considered the vendor's unconditional assent to the terms and conditions of this Solicitation and any attachments and/or exhibits. Failure to provide all of these documents by the required date and time may preclude a quotation from award consideration at the discretion of the Government. STATEMENT OF WORK Turn-Key" Technical Services, labor, tools and testing to include up to (1) Lead Field Service Representative and (4) Field Service Representatives present for 24 hour around the clock coverage to complete the overhaul in accordance with OEM ( Original Equipment Manufacturer) requirements and NAVSEA specifications of the #2 Shaft Seal, Type MX-9, onboard the USS Stennis, CVN-74 at Norfolk Naval Station, pier side. •1 Requests for Base Access •1.1 Defense Biometric Identification System (DBIDS): •1.1.1 Any new contractor, vendor or supplier requesting base access AFTER 31 May 2017 will be required to obtain a DBIDS credential. NCACS credentials will no longer be issued. •1.1.2 Only DBIDS credentials will be issued to ALL contractors, vendors and suppliers seeking base access AFTER 14 August 2017. •1.1.3 Defense Biometric Identification System (DBIDS) increases installation security and communications by receiving frequent database updates on changes to personnel/credential status, law enforcement warrants, lost/stolen cards, and force protection conditions. The system provides a continuous vetting anytime the DBIDS card is scanned at an installation entry point. •1.2 NCACS Card Holders •1.2.1 If you currently have a Navy Commercial Access Control System (NCACS) card, the following is required to get a DBIDS credential: •1.2.1.1 Present your NCACS Card and a completed copy of the SECNAV FORM 5512/1 to the base Visitor Control Center representative. •1.2.1.2 The VCC will pull up your information in the computer, ensuring all information is current and correct. •1.2.1.3 Once your information is validated, a temporary DBIDS credential is provided. •1.2.1.4 Your temporary credential will have an expiration date, prior to which you will need to obtain your permanent DBIDS credential (~ 90 days). •1.2.1.5 For each additional U.S. Navy installation to which you need access, the first time you visit you only need to bring your DBIDS credential and statement of purpose for base access when arriving at the Visitor Control Center. •1.2.1.6 The representative will enter base access authorization and then you may proceed to work. •1.3 Non-NCACS Card Holders •1.3.1 If you do NOT have an NCACS Card, the following is required to obtain a DBIDS credential: •1.3.1.1 Present a letter or official document from my government sponsoring organization that provides the purpose for your access. •1.3.1.2 Present valid identification, such as a passport or Real ID Act-compliant state driver's license. •1.3.1.3 Present a completed copy of the SECNAV 5512/1 form to obtain your background check. •1.3.1.4 Upon completion of the background check, the Visitor Control Center representative will complete the DBIDS enrollment process, which includes your photo, finger prints, base restrictions, and several other assessments; after all this is done, you will be provided with your new DBIDS credential. •1.3.1.5 You may now proceed to work. •1.4 Non-Participants •1.4.1 One-Day Passes: Participation in the DBIDS is not mandatory, and if the Contractor chooses to not participate, the Contractor's personnel will have to obtain daily passes, be subject to daily mandatory vehicle inspection, and will have limited access to the installation. The Government will not be responsible for any cost or lost time associated with obtaining daily passes or added vehicle inspections incurred by non-participants in the DBIDS. •1.5 FOR ADDITIONAL QUESTIONS ABOUT OBTAINING A DBIDS CARD, CONTACT YOUR LOCAL BASE VISITOR CONTROL CENTER. INFORMATION IS ALSO PROVIDED AT: www.cnic.navy.mil/om/dbids.html 2 Enterprise-wide Contractor Manpower Reporting Application (ECMRA). 2.1 The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for tech rep turnkey services via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are: (1) W, Lease/Rental of Equipment; (2) X, Lease/Rental of Facilities; (3) Y, Construction of Structures and Facilities; (4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and Internet (D322) ONLY; (5) S, Utilities ONLY; (6) V, Freight and Shipping ONLY. 2.2 The contractor is required to completely fill in all required data fields using the following web address: https://www.ecmra.mil. 2.3 Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://www.ecmra.mil. •3 References: 3.1 General Arrangement Drawing: US71435 4 Scope of Work: 4.1 Government Responsibility: 4.1.1 Meet with Contractor to plan job, review requirements, and ensure access to space and OSHA safe environment. 4.1.2 Ensure these services are available and operational: •a) Low Pressure Air •b) Electrical Power 120Volt AC •c) Proper Lighting •d) Water supply for testing seal upon final assembly •e) Adequate Ventilation •4.1.3 Meet with Navy Divers to discuss scope and requirements. •4.1.4 NNSY to provide and install cofferdam. •4.1.5 NNSY to provide quick recovery pump in space throughout duration of work. •4.1.6 Remove any interferences. •4.1.7 NNSY tag out the main shaft controls and shaft turning gear, flushing/cooling water and seal vent/drain. The divers may need to have the valve opened to ensure the stern tube is dry. •4.1.8 Rig tools and parts onboard the ship. •4.1.9 Rig tools and parts into shaft alley. •4.1.10 NNSY/Ships Force remove tag-out for the flushing water and seal vent/drain. •4.1.11 Remove tag-out for the main engine controls and shaft turning gear for shaft alignment. •4.1.12 Navy will need to rotate the shaft to align seal. •4.1.13 Rig tools out from shaft alley. •4.1.14 Rig all tools and parts off the ship. •4.1.15 Weights of tools to be rigged on/off of ship and to/from shaft alley: •a) Seat: 265 pounds per half / 48" x 36" x 5" •b) Gang Box: 900 pounds / crate 48" x 30" x 35" •c) Overhaul Kit: 200 pounds / Crate 51" x 28" x 30" •4.2 Contractor Responsibility 4.2.1 Meet with NNSY to plan job, review requirements and verify parts are in shaft alley. 4.2.2 Meet with Navy Divers to discuss scope of work, requirements and verify cofferdam is installed. 4.2.3 Install compression tools to remove drive clamp ring, seat and face insert. 4.2.4 Prepare the removed seat to be rigged out of shaft alley and transported back to contractor's facility to be machined. Thickness of the removed seat will be measured before and after machining to verify it will meet the installation standards. 4.2.5 Remove the carrier bellows assembly and mounting ring. 4.2.6 Clean shaft liner, bulkhead and the seal components. 4.2.7 Perform visual inspections of shaft liner, bulkhead flange and seal components, and record and document findings. 4.2.8 Vulcanize and test inflatable seal. 4.2.9 Install new mounting ring, bellows assembly and carrier. 4.2.10 Install new face insert, machined seat and drive clamp ring. 4.2.11 Perform installation and test seal. 4.2.12 Verify removal of cofferdam 4.2.13 Align seat to 0.002" while turning gear is available. 4.2.14 Provide a service report upon completion 4.3 Clarifications 4.3.1 Contractor will provide materials and parts for this "Turn-Key" quote P/N: JCL001200-000 complete overhaul kit 4.3.2 Contractor will not provide divers for this "turn-key", NNSY will arrange divers and shaft will be wrapped prior to Contractor coming onboard. 4.3.3 NNSY Furnished Navy Divers will be required on standby for the duration while ship is under single boundary protection condition. 4.3.4 Contractor will require pier access for the parts and tools. 4.3.5 Contractor will require parts and tools to be craned onboard the vessel by NAVFAC or ships force. 4.3.6 Contractor will require pier access for parking of company trucks for the duration of the repairs. 4.3.7 Contractor will inspect and machine the removed seat if seat is found to be within OEM specs. 4.3.8 Contractor will not work past any period of performance or outside working hours without the PO being amended and in hand of the account manager. NO EXCEPTIONS! 4.3.9 This is a complete overhaul of MX 9 #2 shaft seal. (Turn Key) •A) SHIP LOCATION DURING REPAIRS: CVN-74 will be at Norfolk Naval Station (NOB), pier side •B) NNSY POC during this service: Engineering: PEPM TBD Production Lead: Zone Manager TBD (Certification of Invoices, Completion of Work, Naval Base/Ship Access) Engineering: Technical Support Rep: TBD •C) PERIOD OF PERFORMANCE: Services will be required for approximately fourteen (14) -- 24-hour days. The Tech. Rep. will check in with the above named POC's prior to AND at the completion of work. The above named POC's will determine actual need dates and relay those dates to the contractor. •D) SECURITY/BADGING REQUIREMENTS: Red badge Security Clearance will not be required. Work performed in Shaft Alley. 5 Safety Requirements 5.1 "Per FAR 22.102-1(a) entitled "Safety", Contractors are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard cognizance must follow Federal and State OSHA requirements OSHE OSHECM Chapter Hazardous Energy Control (HEC) requirements or safety requirements for site specific location of the contract. •a. Contractors and Non-NNSY Government Agencies (NNGAs) are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard (NNSY) cognizance must adhere to Federal OSHA requirements for hazardous energy control IAW 29 CFR 1915.89 and must follow Hazardous Energy Control (HEC) procedures as identified in NAVSEA's Occupational Safety, Health, and Environment Corporate Manual (OSHECM) Chapter 250 (latest revision), when performing work under NNSY contract. All HEC work to be performed by Contractors and NNGAs requires that NNSY Technical Points of Contact (TPOCs) and/or Contracting Officer's Representatives (CORs) be notified of the HEC scope of work prior to starting work. Any changes or deviations in the initial scope of HEC work requires the NNSY TPOCs and/or CORs be informed of the change/deviation. Appendix 250.B-1 through B-3 of OSHECM Chapter 250 for multiple employer work identifies when Contractors and NNGAs are required to assign their Lockout/Tags-Plus Coordinator (LOTC) to coordinate HEC work with the cognizant NNSY LOTC. HEC locks shall be provided by the contractor or NNGA for their employees use. The HEC locks shall have red bodies with name labels or name tags affixed, identifying who installed the HEC lock(s) and a point of contact telephone number. HEC lock name labels and tags must be made of materials that will hold up to the environment to which they are exposed. HEC tags used for Tags-Plus HEC work shall be provided by the cognizant NNSY LOTC to the contractor or NNGA for their use if machinery, equipment, or systems (MES) cannot be locked out. OSHECM Chapter 250 Tags-Plus procedures will be strictly followed. •b. Contractors and NNGAs may obtain electronic copies of OSHECM Chapter 250 (latest revision) and access the OSHA 1915.89 web site by using the following link to NNSY's public access web site: http://www.navsea.navy.mil/shipyards/norfolk/default.aspx •c. Names and contact information for NNSY LOTCs and/or the Building Monitor will be provided by NNSY TPOC and/or CORs set forth elsewhere in this award document. •d. INSPECTION AND ACCEPTANCE TERMS Services for all contract line items (CLIN) will be inspected/accepted as follows: INSPECTED AT INSPECTED BY ACCEPTED AT ACCEPTED BY Destination Government Destination Government The following Federal Acquisition Regulations and Department of Defense FAR Supplement (DFARS) provision and clauses are applicable to this procurement: FAR: 52.203-6 - Restrictions on Subcontractor Sales to the Government (Sept 2006) 52.203-19 -- Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-7 -- Central Contractor Registration (Dec 2012) 52.204-9 -- Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 -- System for Award Management Maintenance 52.204-19 -- Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-23 -- Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) 52.209-10 - Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.212-1 -- Instructions to Offerors - Commercial Items; 52.212-3 - Offeror Representations and Certifications-Commercial Items and Alternate I (Nov 2017) 52.219-28 - Post Award Small Business Program Representation (Jul 2013) 52.222-3 -- Convict Labor 52.222-19 - Child Labor-Cooperation with Authorities and Remedies (Jan 2018) 52.222-21 -- Prohibition of Segregated Facilities 52.222-26 -- Equal Opportunity (Sep 2016) 52.222-36 -- Affirmative Action for Workers with Disabilities 52.222-50 -- Combating Trafficking in Persons 52.223-18 -- Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-13 -- Restriction on Foreign Purchases 52.232-33 -- Payment by Electronic Funds Transfer - System for Award Management (Jul 2013) 52.232-39 -- Unenforceability of Unauthorized Obligations (Jun 2013) 52.232.40 -- Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.233-3 -- Protest After Award (Aug 1996) 52.233-4 -- Applicable Law for Breach of Contract Claim (Oct 2004) 52.247-34 -- Destination Offerors shall include a completed copy of 52.212-3 and its ALT I with quotes. All clauses shall be incorporated by reference in the order. DFARS: DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) DFARS 252.203-7002 Requirements to Inform Employees of Whistleblower Rights (Sep 2013) DFARS 252.204-7003 Control of Government Personnel Work Product (Apr 1992) DFARS 252.204-7007 Alternate A, Annual Representations and Certifications (Jan 2015) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016) DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (May 2016) DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials (Sep 2014) DFARS 252.223-7008 Prohibition of Hexavalent Chromium (Jun 2013) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Jun 2012) DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions (May 2013) DFARS 252.232-7010 Levies on Contract Payments (Dec 2006) DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (Jun 2010) DFARS 252.244-7000 Subcontracts for Commercial Items (Jun 2013) DFARS 252.247-7023 Transportation of Supplies by Sea (Apr 2014) The following FAR and DFARS provisions and clauses are applicable to this procurement and are included in full text: 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018) (a) 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. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) 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) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) 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 which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) 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; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) 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 33.211 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 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (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 hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid 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. 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 hereunder 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) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The ...