New Mexico Air National Guard (NMANG) Advertising Services

Attachment 6 - Combined Synopsis/Solicitation (PDF Document) has been added for easier reading. ---------------------------------------------------------------------------------------------------------------------- Request for Quote (RFQ) # W50S8G26QOR05 Issued on: August 18, 2026 NMANG 150th R&R Advertising and Marketing Service (The Quote must be valid for 90 days from the due date) 1. This document serves as the RFQ for commercial services prepared in accordance with RFO 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 "W50S8G26QOR05” on all quotes. This solicitation is issued as a Request for Quotation (RFQ) and incorporates all provisions and clauses in effect through the Revolutionary FAR Overhaul (RFO). 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 541810 - Advertising Agencies and the Product Service Code (PSC) is PSC R701 Support-Management: Advertising. The standard size for this NAICS is $25.5M. 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 R-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. RFO 52.212-1: Instructions to Offerors—Commercial Products and Commercial Services (Deviation 2026-O0038) 2. RFO 52.212-4: Terms and Conditions—Commercial Products and Commercial Services (Deviation 2026-O0038) vii. The budget parameters for this requirement are between $170,000 and 230,000 for base and option year. b. QUESTIONS AND INQUIRIES: Please submit all questions and inquiries via email to SMSgt Edwin Widgeon at 150SOW.MSC.RFPRFQ@us.af.mil no later than August 24, 2026, at 2:00 PM MDT. 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 September 8, 2026, at 2:00 PM MDT. 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 RFO 52.212-1, any quotes received after the due date may be disqualified. e. It is the offeror's responsibility to ensure the Government receives their quote before the deadline. f. Quote Conformity and Completeness: Offerors are responsible for submitting a complete and conforming quote that addresses all submission requirements outlined in this solicitation. i. Conformity with Instructions: Quotes that do not conform to the instructions, such as exceeding page limitations or failing to provide the requested information, may be considered unacceptable and may not be evaluated. ii. Relevance of Information: To ensure an efficient evaluation, offerors should only submit the specific documents and information requested. Extraneous materials, such as marketing brochures or documents not explicitly required, will not be evaluated. iii. Meeting Requirements: As detailed in Factor 1: Technical Approach, offerors are permitted to quote solutions that reduce or omit certain tasks from the Performance Work Statements (PWS) to align with the budgetary parameters. Quotes will be evaluated based on the solution quoted, and offerors are reminded to clearly identify any such reductions or omissions as required. g. Instructions to Offerors i. Evaluation Factors for Award: The Government will evaluate the offeror’s technical approach to assess their understanding of the requirements and the feasibility of their quoted solution for accomplishing the tasks outlined in the three Performance Work Statements (PWS): PWS_Goathead, PWS_Ice Wolves, and PWS_TV and Theater. The technical approach submission shall not exceed 15 pages and must include the following: 1. Factor 1: Technical Approach: a. Comprehensive Solution: A detailed narrative describing the offeror's method and plan for executing the requirements within all three PWS documents. b. Identification of Reduced Tasks (If Applicable): The Government recognizes that the estimated budget may not be sufficient to perform all tasks listed in the PWS documents. Offerors are permitted to quote a solution that reduces or omits certain tasks to stay within the budget parameters. If tasks are reduced or omitted, the offeror must clearly identify each specific task from the PWS that will not be included or will be reduced in their quote. Failure to clearly identify omitted tasks or reduced tasks may be viewed as a significant weakness during the comparative evaluation, as it hinders the Government's ability to determine the full scope of the quoted solution. c. Value and Rationale: For any proposed reduction in tasks, the offeror should briefly explain their rationale for the specific tasks they chose to omit, demonstrating a strategic approach that maximizes the marketing and recruiting impact for the New Mexico Air National Guard (NMANG) within the budgetary constraints. 2. Factor 2: Experience: This factor evaluates the depth and relevance of the offeror's actual history in performing work similar in scope, complexity, and magnitude to this solicitation, as distinct from Past Performance, which assesses the quality of that work. Offerors must demonstrate a history of execution on similar projects, as the Government will comparatively evaluate the depth and breadth of each offeror's experience to determine which offers represent the best value. a. Relevant Contracts: Offerors must provide Relevant Contracts, which includes a list of up to three (3) recent and relevant contracts for similar services performed within the last three (3) years. Relevant contracts are defined as those involving sports marketing, media buys, digital advertising, and/or community engagement campaigns. b. For each contract listed, offerors must provide Contract Details, including the contract number, contract value, a point of contact with a current phone number and email address, and a brief description of the work performed. In addition to the information provided by the offeror, the Government reserves the right to use other sources of information to evaluate experience, including, but not limited to, the Contractor Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), and other databases and sources. The Government may also contact the references provided by the offeror. In the case of an offeror without a record of relevant experience, the Government may evaluate the offeror's lack of experience as a comparative disadvantage. 3. Factor 3: Price The Government will evaluate the offeror's quoted price to determine whether it is fair, reasonable, and complete. a. Fair and Reasonable: The Government will determine price fairness and reasonableness through a comparative analysis of all received quotes. The Government may also use other price analysis techniques authorized under RFO FAR Part 12, including but not limited to, comparing quoted prices to historical prices paid, competitive published price lists, or the Independent Government Estimate (IGE). b. Total Evaluated Price (TEP): For comparative evaluation purposes, the Total Evaluated Price will be calculated by adding prices for all Contract Line Item Numbers along with pricing for option year periods. Evaluation of option periods does not obligate the Government to exercise the option(s). c. Comparative Assessment: Price will not be numerically scored or adjectivally rated. Instead, the Government will comparatively evaluate the TEP against the non-price factors (such as Experience and Technical Approach) of other offerors. The Government may award to a higher-priced offeror if the comparative evaluation determines that the superior non-price attributes of that offer justify the price premium. The Government may also determine that a quote with an unreasonably high or unrealistically low price poses an unacceptable risk and is therefore not the best value to the Government. h. BASIS OF AWARD. IAW RFO FAR 12.203(c)(2) The contracting officer has broad discretion in establishing how quotations will be evaluated. The Government will award a single, firm-fixed-price purchase order to the responsible vendor whose quotation represents the best value to the Government. The Contracting Officer will conduct a comparative evaluation of all timely quotations. i. Please note that the evaluation procedures of RFO FAR Part 14 (Sealed Bidding) and RFO FAR Part 15 (Contracting by Negotiation) do not apply to this acquisition. The Government is not required to, and will not establish or utilize formal evaluation plans, assign numerical, adjectival, or color-coded scores to quotations, or establish a competitive range. ii. The Government will directly compare quotations to one another to determine which quote provides the most advantageous technical solution and experience record at a fair and reasonable price. The Contracting Officer reserves the right to communicate with any, all, or none of the vendors at any point during the evaluation. These communications are not governed by the restrictive “discussions” rules of RFO FAR Part 15. The Government may solicit revised quotations or resolve minor details with one or more vendors without the obligation to open discussions or request final quotation revisions from all vendors. Vendors are strongly encouraged to submit their best technical and pricing terms in their initial quotation. i. CONTRACT TYPE. Firm Fixed Price (FFP) Contract 2. GENERAL REQUIREMENT: a. GOATHEADS SPORTS FRANCHISE MARKETING AND PARTNERSHIP PACKAGE i. Period of Performance: One Year after contract award (performance must start in the month of September 2026). ii. Place of Performance: 3001 CIVIC CENTER CIRCLE, RIO RANCHO, NM 87144. b. ICE WOLVES SPORTS FRANCHISE MARKETING AND PARTNERSHIP PACKAGE i. Period of Performance: One Year after contract award ii. Place of Performance: The Outpost Ice Arena, 9530 Tramway Blvd NE, Albuquerque, NM 87122. c. TELEVISION AND THEATER MARKETING AND ADVERTISING SOLUTIONS i. Period of Performance: 3-month Base; 3-month Option; Total Six months after contract award. ii. Place of Performance: Designated Market Area (DMA): Albuquerque, Santa Fe, El Paso, Las Cruces, and Amarillo. i. Attachment 1 – PWS for Goathead ii. Attachment 2 – PWS for Ice Wolves iii. Attachment 3 – PWS for TV and Theater Marketing iv. Attachment 4 – Wage Determination v. Attachment 5 – Schedule vi. Attachment 6 – Combined Synopsis Solicitation PDF Document 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/. 52.203-2 Certificate of Independent Price Determination (Apr 1985) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-7 System for Award Management-Registration. (Deviation 2026-O0038) 52.204-13 System for Award Management-Maintenance. (Deviation 2026-O0038) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (Deviation 2026-O0038) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026-O0038) 52-209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation 2026-O0038) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (Deviation 2026-O0038) 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Deviation 2026-O0038) 52.217-5 Evaluation of Options (Deviation 2026-O0038) 52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026-O0038) 52.219-28 Postaward Small Business Program Representation. (Deviation 2026-O0038) 52.222-3 Convict Labor. (Deviation 2026-O0038) 52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026-O0038) 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) 52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038) 52.222-54 Employment Eligibility Verification. (Deviation 2026-O0038) 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (Deviation 2026-O0038) 52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026-O0038) 52.222-90 Addressing DEI Discrimination by Federal Contractors. (Deviation 2026-O0040, Revision 1) 52.223-23 Sustainable Products. (Deviation 2026-O0038) 52.226-7 Drug-Free Workplace (May 2024) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-23 Alt I Assignment of Claims (May 2014) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-1 Disputes. (Deviation 2026-O0038) 52.233-2 Service of Protest. (Deviation 2026-O0038) 52.233-3 Protest after Award. (Deviation 2026-O0038) 52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026-O0038) 52.242-17 Government Delay of Work (Apr 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (2026) 52.247-34 F.o.b. Destination (Nov 1991) 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022) 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2022) 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) 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) 252.204-7022 EXPEDITING CONTRACT CLOSEOUT (MAY 2021) 252.204-7024 NOTICE ON THE USE OF THE SUPPLIER PERFORMANCE RISK SYSTEM (MAR 2023) 252.209-7012 PROHIBITION RELATING TO CONFLICTS OF INTEREST IN CONSULTING SERVICES—CERTIFICATION (OCT 2025) 252.215-7013 SUPPLES AND SERVICES PROVIDED BY NONTRADITIONAL DEFENSE CONTRACTORS (JAN 2023) 252.225-7000 BUY AMERICAN—BALANCE OF PAYMENTS PROGRAM CERTIFICATE—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) 252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005) 252.225-7048 EXPORT CONTROLLED ITEMS (JUNE 2013) 252.225-7055 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (MAY 2022) 252.225-7056 PROHIBITION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (JAN 2023) 252.225-7059 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) 252.227-7015 TECHNICAL DATA – COMMERCIAL PRODUCTS AND COMMERICAL SERVICES (JAN 2025) 252.227-7020 RIGHTS IN SPECIAL WORKS (JUN 1995) 252.229-7001 TAX RELIEF—BASIC (APR 2020) 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018) 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 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) 252.270-7000 PILOT PROGRAM TO INCENTIVIZE CONTRACTING WITH EMPLOYEE-OWNED BUSINESSES-REPRESENTATION. (NOV 2024) 252.270-7001 PILOT PROGRAM TO INCENTIVIZE CONTRACTING WITH EMPLOYEE-OWNED BUSINESSES-SUBCONTRACTING CERTIFICATION. 252.270-7002 PILOT PROGRAM TO INCENTIVIZE CONTRACTING WITH EMPLOYEE-OWNED BUSINESSES. (NOV 2024) 4. PROVISION/ CLAUSES INCORPORATED BY FULL TEXT (FT) 52.212-2 Evaluation—Commercial Products and Commercial Services. Evaluation—Commercial Products and Commercial Services (Deviation Date) (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: See paragraph 1(g) (instructions to offerors) and 1(h) (basis of award) of the combined synopsis/solicitation on how this requirement will be evaluated. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s). (c) 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....