80JSC018Q0024_Z_2.5_HUT.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12,17,23,24, & 30

1. REQUISITION NUMBER PAGE OF PAGES

1 67

2. CONTRACT NO. 3. AWARD/EFF. DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION

ISSUE DATE

80JSC018Q0024 06/21/2018

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

SHINELIN 281-792-7845

8. OFFER DUE DATE/

LOCAL TIME

06/26/2018

16:30:00 (CT)

9. ISSUED BY CODE JSC 10. THIS ACQUISITION IS X UNRESTRICTED OR SET ASIDE: % FOR:

NASA JSC

Attn: Jennifer Sharp

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMAN-OWNED SMALL BUSINESS

WOSB ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

NAICS:

281-483-5916

2101 NASA Parkway

Houston TX 77058-3696

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8(A)

332510

SIZE STANDARD:

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

12. DISCOUNT TERMS

NET 30

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

SEE SCHEDULE X RFQ IFB RFP

15. DELIVER TO CODE

JSC

16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

TELEPHONE NO.

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

NASA/Shared Services Center (NSSC)

Financial Management Division (FMD)

AP

Building 1111, Jerry Hlass Rd

NSSC-Accountspayable@nasa.gov

Stennis Space Center MS 39529-0001 https://www.nssc.nasa.gov/vendorpayment

NSSC

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS

IN OFFER.

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS

BLOCK BELOW IS CHECKED. SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTIT Y

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt Use Only)

See Continuation Sheet If Applicable $0.00

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

ADDENDA X ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED

ADDENDA ARE ARE NOT ATTACHED.

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN 1 COPIES TO ISSUING OFFICE. CONTRACTOR

AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR

OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. OFFER DATED

. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING

ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

30A. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE

SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212 mailto:NSSC-Accountspayable@nasa.gov http://www.nssc.nasa.gov/vendorpayment

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

80JSC018Q0024

NAME OF OFFEROR OR CONTRACTOR

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

Z-2.5 HUT Assembly - Statement of Work

Contract Mechanism:

RFQ Title: Z-2.5 Hard Upper Torso (HUT) Assembly

Contract Type: Firm Fixed Price / Indefinite Delivery, Indefinite Quantity

1. Background:

The Crew and Thermal Systems Division’s Space Suit Systems Branch is requesting the fabrication services for a new Hard Upper Torso (HUT) Assembly to complement the development of the next generation spacesuit. The HUT Assembly Items required include all hardware listed in Table 1. This procurement is for fabrication and assembly of this hardware and delivery to NASA. For this contract, NASA will provide the raw AL6061-T6 material for the HUT, and the vendor (hereinafter referred to as "vendor", "contractor", or "supplier") will supply the raw AL6061-T6 material for the hatch.

Table 1 - Items to be fabricated and assembled

Hardware for Estimate P/N Qty Hatch w/ Inserts SEN13102986-301 1 HUT w/ Inserts SEN13102985-301 1 Carrier Rings SDN13103035-301 2 Short Sizing Ring SDN13102987-001 2 Long Sizing Ring SDN13102988-001 2 Short Scye Retainer SDN13103036-002 2 Long Scye Retainer SDN13103036-001 2 Neck Ring Assembly 10536-01 1 Helmet Assembly 10533-01 1 Protective Visor 27208-1 2 Scye Bearings 10459-01 2 Arm Bearings 10444-01 2 Wedge Assembly 10542-01 1 Consumable Fittings SDN13103039-001 2 Consumable Fittings SDN13103039-002 1 Consumable Fittings SDN13103039-003 1 Consumable Fittings SDN13103039-004 2 Consumable Fittings SDN13103039-005 1 Consumable Fittings SDN13103039-006 2

Consumable Fittings SDN13103039-007 1 Consumable Fittings SDN13103039-008 1 Secondary Seal Test Port 26726 & 6201 2

Scye (P/N 10459-01) and Arm (P/N 10444-01) bearing drawings are not available.

2. Objectives:

The objective of this contract is the fabrication of a Z-2.5 HUT assembly and delivery of this hardware to NASA, as Class IIIW (controlled).

3. Scope of Work:

3.1 General Requirements

3.1.1 One (1) Z-2.5 HUT shall be created from the provided CAD file, with specific interface details shown in drawing SDN 13102990.

3.1.2 The Z-2.5 HUT shall be fabricated using one (1) block of AL6061-T6.

NASA will supply one (1) block of AL6061-T6 for the HUT on the initial task order.

3.1.3 One (1) Z-2.5 hatch shall be created from the provided CAD file, with specific interface details shown in drawings SDN13102991.

3.1.4 The Z-2.5 hatch shall be fabricated from one (1) block of AL6061-T6.

3.2 Samples

3.2.1 HUT Samples

3.2.1.1 The vendor shall provide nine (9) tensile samples (three (3) from each direction) from the same block of AL6061-T6 used to fabricate the Z-2.5 HUT.

Note: the samples may be taken from various locations from the block or from the same corner/area, but the origin of each location needs to be specified.

3.2.2 Hatch Samples

3.2.2.1 The vendor shall provide six (6) tensile samples (three (3) each from the length and width direction) from the same block of AL6061-T6 used to fabricate the Z-2.5 hatch.

Note: the samples may be taken from various locations from the block or from the same corner/area, but the origin of each location needs to be specified.

4. Deliverables:

4.1 Suit Hardware Deliverables

4.1.1 All hardware listed in Table 1.

4.1.2 Qty 9 - HUT Tensile samples from each block of AL6061-T6 used. This includes three (3) samples from each direction from the block of AL6061-T6 used to fabricate the HUT. All samples may be obtained from the same corner/area of the block. Samples will be sized per ASTM E8-16a.

4.1.3 Qty 6 - Tensile samples from hatch block of AL6061-T6 used. This includes three (3) samples along the width and length directions from the block of AL6061- T6 used to fabricate the hatch. All samples may be obtained from the same corner/ area of the block. Samples will be sized per ASTM E8-16a.

4.1.4 The task ordering table below (4.1.5) details the rates for the fabrication and

4.1.5 delivery services of the Z2.5 HUT per the SOW. The Government anticipates issuing a Task Order for Task 1 below at contract award.

Table 2 - Task Ordering Table Z 2.5 Hard Upper Torso (HUT)

Task Description Price *Discount Applied

1 Fabrication of the Z 2.5 HUT Per SOW

Offeror fill-in

*2 If additional fabrication is required of the Z 2.5 HUT per SOW (Reference FAR Clause 52.216-18 Ordering)

Offeror fill-in

Offeror fill-in

*Task 2 – Price of additional fabrication services at a discount, as applicable

5. Period of Performance / Schedule:

All products identified in section 4 shall be delivered 5 months after ATP.

6. Travel:

No travel expenses are required/included in this contract.

7. Duty Information:

None.

8. Other Considerations:

Any changes to the geometry shall be discussed and confirmed by the NASA customer prior to proceeding.

Rationale: Some geometric features may be too costly or time intensive to fabricate and, therefore, may be modified; this includes internal tight corners and difficult to machine locations. However, there are several key geometric features which cannot be changed. The NASA customer needs to be aware of what changes take place and provide prior confirmation to ensure any changes contract not impact the overall design.

9. Quality Requirements:

10.1 Certificate of Compliance (C of C)

Supplier shall provide a certification with each shipment to attest that the parts, assemblies, subassemblies, or detail parts conform to the Order requirements. When applicable, the true manufacturers, lot, heat, batch, date code, and/or serial number must appear on the certification. Certification must contain the following:

• Customer’s Order number

• Product name

• Part and Serial number

• Name and address of manufacturing or processing location

• Manufacturer’s lot, heat, batch, date code, and/or serial number (if applicable)

• Quantity and unit of measurement (each, box, case, gallons, etc.)

• Be signed and dated by an official of the company

10.2 Certificate of Compliance- Heat Treatment

Supplier will submit heat treatment certifications with the shipment in accordance with applicable drawings and/or the contract. As a minimum, detailed documentation of heat treat process including oven ramp time, part soak time and cool down method is required. Documentation must also be supplied for actual post heat treatment mechanical properties when specified.

10.3 Certificate of Compliance Raw Materials

a. Supplier will include with each shipment the raw material manufacturer's test report (e.g., mill test report) that states that the lot of material furnished has been tested, inspected, and found to be in compliance with the applicable material specifications. The test report will list the specifications, including revision numbers or letters, to which the material has been tested and/or inspected and the identification of the material lot to which it applies.

b. When the material specification requires quantitative limits for chemical, mechanical, or physical properties, the test report will contain the actual test and/or inspection values obtained. For aluminum mill products (except castings), certifications for chemistry may indicate compliance within the allowed range. Certifications for physical properties will show actual values.

c. When Supplier supplies converted material produced by a raw material manufacturer, the Supplier shall submit all pre and post conversion chemical / physical test reports.

10.4 Test Reports

Supplier shall submit a test report with the shipment that certifies test requirements were in accordance with drawings and/or specifications.

10.5 Dimensional Inspection or Assembly Inspection Reports

Supplier shall provide objective evidence of dimensional or assembly inspections with each shipment that indicate articles on this order are in conformance with drawings or other specifications. Records shall indicate part number, serial number, inspection tools and actual dimensional readings taken during inspections and allowable tolerances.

Where key characteristics are designated by NASA (indicated by “MIP” on drawing), the supplier shall indicate the key characteristic verification on the inspection report.

10.6 Key Characteristics Inspection and Test

The supplier shall submit inspection/test reports providing evidence of verification of key characteristics.

10.7 Calibration System

The Supplier shall have a documented calibration system that meets the requirements of American National Standard Institute (ANSI)/National Conference of Standards Laboratories

(NCSL) Z540-3,

Requirements for the Calibration of Measuring and Test Equipment.

10.8 Configuration Management System

Supplier shall be responsible for controlling / tracking changes to parts and components manufactured to ensure that the end product meets specified design functional and physical characteristic requirements. This includes any part or component manufactured to Customers’ or vendors’ drawings, specifications, or special process procedures. With each shipment, Supplier shall submit “configuration documents”, which define the requirements, designs, build / production and verification for a configuration controlled item. This record shall be signed and dated by an official of the Supplier’s Quality Assurance department, and in addition to the aforementioned required information, shall include the following minimum requirements:

• Supplier’s Contract / Contract number including any change orders

• Line item number

• Part number

• Serial number (traceability as applicable)

• Lot number (traceability as applicable)

• Drawing number

• Revision level (baseline configuration)

• Revision level (as built)

• Engineering order(s) (if applicable)

For products and services that do not require an extensive configuration management system the above-noted clause should be used to define minimum configuration management requirements. Examples where this clause might be used in lieu of ISO 10007 guidance include prototype parts, non-critical/non-flight hardware/software, COTS hardware/ software, products/services provided by small suppliers.

10.9 Processes and Products

The Supplier will notify the customer of proposed changes in process definition and will obtain approval from the customer prior to implementing the change. Changes affecting processes, production equipment, tools and programs shall be documented. Procedures shall be available to control their implementation.

This statement shall also apply to Supplier designated “critical processes” that have been sub contracted.

10.10 Quality Requirements for lower tier suppliers

Supplier shall ensure that applicable requirements of this order are applied to any lower tier supplier.

10.11 Counterfeit Clauses

10.11.1. Guarantee of Product Source(s)

The supplier shall ensure that only new and authentic materials are used in products delivered to NASA. The supplier may only purchase parts directly from Original Component Manufacturers (OCMs), OCM franchised distributors, or authorized aftermarket manufacturers. Use of product that was not provided by these sources is not authorized unless first approved in writing by NASA. The supplier must present compelling support for its request (e.g., OCM documentation that authenticates traceability of the parts to the OCM), and include in its request all actions to ensure the parts thus procured are authentic/ conforming parts.

10.11.2. Test and Inspection Requirements

The supplier shall establish and implement test and inspection activities necessary to assure the authenticity of purchased product, including:

• Documentation and Packaging Inspection

• Visual Inspection

• Inspection for Evidence of Remarking or Resurfacing

• X-Ray Inspection

• X-Ray Fluorescence

• Destructive Physical Analysis

• Thermal Cycle Testing

• Electrical Testing

• Burn-In

• Hermeticity Verification (Fine and Gross Leak)

• Other Tests

See Appendix E of SAE AS5553 for examples and descriptions of test and inspection activities.

Tests and inspections shall be performed in accordance with clearly delineated accept/reject criteria provided or approved by NASA. The supplier shall prepare and provide to NASA records evidencing tests and inspections performed and conformance of the product to specified acceptance criteria.

Tests and inspections shall be performed by persons that have been trained and qualified concerning types and means of electronic parts counterfeiting and how to conduct effective product authentication.

10.11.3. Product Impoundment and Financial Responsibility

If counterfeit parts are furnished under this contract, such items shall be impounded. The supplier shall promptly replace such items with items acceptable to NASA and the Contractor may be liable for all costs relating to impoundment, removal, and replacement.

NASA may turn such items over to US Governmental authorities (Office of Inspector General, Defense Criminal Investigative Service, Federal Bureau of Investigation, etc.) for investigation and reserves the right to withhold payment for the items pending the results of the investigation.

10.12 Government Source Inspection (GSI)

a. All work on this contract is subject to inspection and test by the Government at any time and any place. Government inspection is required on this contract prior to shipment from Supplier’s facility. Government inspections performed will be determined by the delegated Government inspection representative and may be conducted during processing, fabrication, or final inspection. Upon receipt of this Purchase Contract, promptly notify the Government representative who normally services your plant so that appropriate Government inspection planning can be accomplished. If your facility is not serviced by Government inspection and/or the area Government inspection representative or agency cannot be located, immediately notify Customer.

b. The Government representative will be notified no less than 48 hours in advance of the time articles are ready for test or inspection.

c. Do not proceed with fabrication/manufacture processing until Government mandatory inspection points (GMIPs) are added to Supplier's manufacturing planning. GMIPs shall not be by-passed unless authorized in writing by the Government inspection representative.

Supplier shall request and include the documents specified in the Government delegation, in the shipment.

d. The Government’s request for source inspection shall specify the period and method for the advance notification and the Government representative to whom it shall be furnished.

Request shall not require more than two (2) workdays of advance notification of the Government representative in residence in the Contractor's plant, nor more than seven (7) workdays in other instances.

e. Supplier, without additional charge to the contract, shall provide all reasonably required facilities and assistance (applicable drawings, specifications, change orders, inspection and/ or test equipment) for the US Government representative to perform their duties.

f. Supplier shall ensure that Government inspection acceptance is evident for every individual GMIP and that completion of Government inspection is evident on Supplier's shipping document/packing list. Evidence may be the signature of Government inspection representative with printed name and office, or application of the representative's stamp.

g. The Government shall accept or reject supplies as promptly as practical after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

h. When manufacturing processing affected by GMIPs is subcontracted by Supplier, the provisions of this Clause shall be included in the Supplier's contract verbatim.

i. The Government has the right to inspect any or all of the work included in this order at the supplier’s facility.

j. For activities performed onsite at JSC, supplier shall comply with the JSC Quality Management System

10.13 Government Right of Access

The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

10.14 Record Retention

Supplier and Supplier's Subcontractors shall maintain verifiable objective evidence of all inspections and test performed, results obtained and dispositions of non-conforming articles.

These records shall be identified to associated articles, including heat and lot number of materials, unit or lot serialization and made available to Customer and/or Government Representatives upon request and shall be retained in a safe, accessible location for a period of ten (10) years after date of delivery as defined in the contract.

Supplier's records associated with the manufacture of serialized or lot controlled articles will provide for continued traceability of serial numbers or lot number identification through all phases of manufacture, commencing with the raw material and continuing through final acceptance of the end item.

Records held for the required retention period (ten years) shall not be destroyed without Customer's written concurrence.

10.15 SAE AS9100C Quality System

The Supplier shall have a quality program that complies with International Supplier for Standardization document SAE, AS9100C - Quality Management Systems - Requirements for Aviation, Space and Defense Organizations.

Third party certification / registration is not required.

If Customer has accepted Supplier's AS9100 registration and Supplier subsequently changes registrars, loses its registration status, or is put on notice of losing its registration status, it shall notify Customer's procuring Component(s) within three (3) days of receiving such notice from its registrar.

10.16 Non-Conforming Material

Per this requirement the customer grants no authority to disposition product or process non-conformances to the Supplier or its sub-tier suppliers. Repair is not allowed under this clause. The controls and related responsibilities for dealing with nonconforming product shall be defined in a documented procedure. The Supplier’s documented procedure shall also define the responsibility for review and authority for the disposition of nonconforming product and the process for approving personnel making these decisions.

When a nonconformance is discovered, a review process shall be initiated with the identification and documentation of the nonconformance. This review shall be the initial step performed by the Supplier to determine if the nonconformance needs to be reported to the customer (see below), and to determine if the nonconformance is minor and can be re-worked to a condition that completely conforms to the drawing or specification requirements. This review does not negate the requirement to identify, segregate, document, and report and disposition non-conformances.

Non-conformances shall be reported to the customer as soon as it is detected and determined not to be re-workable and may be salvageable. When notification is required, notification shall be within three (3) working days after the nonconformance is discovered. This requirement applies to all procurements.

Any nonconformance discovered by the Supplier, on products in their control, shall be documented by the Suppliers’ approved method of nonconformance reporting. This shall include a detailed description of the nonconformance; location (by drawing reference point, hardware reference point, clock location, etc.) and exact callout of the violation by drawing or specification requirement (including sub-paragraph or illustration number). It shall also list what type of inspection revealed the discrepant condition, and what, if any, subsequent actions were taken prior to disclosure. Dimensional violations shall include “should be” and “is” dimensions, and tool(s) calibration traceability numbers.

The Supplier shall ensure that product which does not conform to product requirements is identified and controlled to prevent its unintended use or delivery until dispositioned or scrapped after review.

80JSC018Q0024

APPLICABLE COMMERCIAL CLAUSES

This order is for a commercial item subject to the terms and conditions of FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Jan 2017), incorporated by reference;

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes and Executive Orders, Commercial Items (Jan 2018) attached to this order; and any additional terms and conditions checked below or included as a Center-specific requirements as addenda to 52.212-4.

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

(SEP 2006)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(JUL 2016)

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN

2017)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

CONTRACTORS (DEC 2013)

52.247-34 F.O.B. DESTINATION (NOV 1991)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5).

(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[X] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite- Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(31 U.S.C. 6101 note).

Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[] (ii) Alternate I (OCT 1995) of 52.219-7.

[] (iii) Alternate II (MAR 2004) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C.

637 (d)(4)).

[] (ii) Alternate I (Nov 2016) of 52.219-9.

[] (iii) Alternate II (Nov 2016) of 52.219-9.

[] (iv) Alternate III (Nov 2016) of 52.219-9.

[] (v) Alternate IV (Nov 2016) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C.

644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C.

637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women- Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C.

4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

[] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

[] (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E.O.

12989). (Not applicable to the acquisition of commercially available off- the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).

[] (38)(i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT® -Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (Jun 2014) of 52.223-14.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[] (41)(i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (Jun 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[] (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

[] (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[X] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (JUL 2013) (31 U.S.C. 3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[] (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.

13495).

[X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C.

chapter 67).

[X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014 (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards — Price Adjustment (Multiple Year and Option Contracts)

[X] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards — Price Adjustment (MAY 2014) (29 U.S.C. 206 and 41 U.S

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certai

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014

[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organization

[] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(MAY 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

chapter 67).

.C.

n Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(41 U.S.C. chapter 67).

s.

(MAY 2014) (42 U.S.C. 1792).

[] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C.

793).

(ix) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(xii) [X] (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

[] (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

(xiii) 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) (41 U.S.C. chapter 67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

www.ecfr.gov

(End of clause)

52.245-1 GOVERNMENT PROPERTY (JAN 2017)

(a) Definitions. As used in this clause—

Cannibalize means to remove parts from Government property for use or for installation on other Government property.

Contractor-acquired property means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title.

Contractor inventory means—

(1) Any property acquired by and in the possession of a Contractor or subcontractor under a contract for which title is vested in the Government and which exceeds the amounts needed to complete full performance under the entire contract;

http://www.ecfr.gov/

(2) Any property that the Government is obligated or has the option to take over under any type of contract, e.g., as a result either of any changes in the specifications or plans thereunder or of the termination of the contract (or subcontract thereunder), before completion of the work, for the convenience or at the option of the Government; and

(3) Government-furnished property that exceeds the amounts needed to complete full performance under the entire contract.

Contractor’s managerial personnel means the Contractor’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of—

(1) All or substantially all of the Contractor’s business;

(2) All or substantially all of the Contractor’s operation at any one plant or separate location;

or

(3) A separate and complete major industrial operation.

Demilitarization means rendering a product unusable for, and not restorable to, the purpose for which it was designed or is customarily used.

Discrepancies incident to shipment means any differences (e.g., count or condition) between the items documented to have been shipped and items actually received.

Equipment means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.

Government-furnished property means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Government property means all property owned or leased by the Government. Government property includes both Government-furnished and Contractor-acquired property.

Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

Loss of Government property means unintended, unforeseen or accidental loss, damage or destruction to Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include purposeful destructive testing, obsolescence, normal wear and tear or manufacturing defects. Loss of Government property includes, but is not limited to—

(1) Items that cannot be found after a reasonable search;

(2) Theft;

(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or

(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.

Material means property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item. Material does not include equipment, special tooling, special test equipment or real property.

Nonseverable means property that cannot be removed after construction or installation without substantial loss of value or damage to the installed property or to the premises where installed.

Precious metals means silver, gold, platinum, palladium, iridium, osmium, rhodium, and ruthenium.

Production scrap means unusable material resulting from production, engineering, operations and maintenance, repair, and research and development contract activities.

Production scrap may have value when re-melted or reprocessed, e.g., textile and metal clippings, borings, and faulty castings and forgings.

Property means all tangible property, both real and personal.

Property Administrator means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

Property records means the records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government property.

Provide means to furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.

Real property. See Federal Management Regulation 102-71.20 (41 CFR 102-71.20).

Sensitive property means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals.

Unit acquisition cost means—

(1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and

(2) For contractor-acquired property, the cost derived from the Contractor’s records that reflect consistently applied generally accepted accounting principles.

(b) Property management.

(1) The Contractor shall have a system of internal controls to manage (control, use, preserve, protect, repair, and maintain) Government property in its possession. The system shall be adequate to satisfy the requirements of this clause. In doing so, the Contractor shall initiate and maintain the processes, systems, procedures, records, and methodologies necessary for effective and efficient control of Government property. The Contractor shall disclose any significant changes to its property management system to the Property Administrator prior to implementation of the changes. The Contractor may employ customary commercial practices, voluntary consensus standards, or industry-leading practices and standards that provide effective and efficient Government property management that are necessary and appropriate for the performance of this contract (except where inconsistent with law or regulation).

(2) The Contractor’s responsibility extends from the initial acquisition and receipt of property, through stewardship, custody, and use until formally relieved of responsibility by authorized means, including delivery, consumption, expending, sale (as surplus property), or other disposition, or via a completed investigation, evaluation, and final determination for lost property. This requirement applies to all Government property under the Contractor’s accountability, stewardship, possession or control, including its vendors or subcontractors (see paragraph (f)(1)(v) of this cluase).

(3) The Contractor shall include the requirements of this clause in all subcontracts under which Government property is acquired or furnished for subcontract performance.

(4) The Contractor shall establish and maintain procedures necessary to assess its property management system effectiveness and shall perform periodic internal reviews, surveillances, self assessments, or audits. Significant findings or results of such reviews and audits pertaining to Government property shall be made available to the Property Administrator.

(c) Use of Government property. (1) The Contractor shall use Government property, either furnished or acquired under this contract, only for performing this contract, unless otherwise provided for in this contract or approved by the Contracting Officer.

(2) Modifications or alterations of Government property are prohibited, unless they are—

(i) Reasonable and necessary due to the scope of work under this contract or its terms and conditions;

(ii) Required for normal maintenance; or

(iii) Otherwise authorized by the Contracting Officer.

(3) The Contractor shall not cannibalize…