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BAA-RVKV-2015-0002
MODEL CONTRACT
AWARD / CONTRACT
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 350)
RATING
DO-A2
PAGE of PAGES 1 29
2. CONTRACT (PROC. INST. IDENT.) NO. 3. EFFECTIVE DATE 4. REQUISITION / PURCHASE REQUEST / PROJECT NO.
FA9453-15-C-APEC See Section G
5. ISSUED BY AFRL/RVKVE CODE FA9453 6. ADMINISTERED BY (IF OTHER THAN ITEM 5) CODE S3915A
AF RESEARCH LABORATORY (DET 8)
3550 ABERDEEN AVE. SE
KIRTLAND AFB, NM 87117-5776
DAVID T. ROUX 505-853-3359
david.roux.1@us.af.mil
DCMA PHILADELPHIA
700 ROBBINS AVENUE, BLDG. 4-A
P.O. BOX 11427
PHILADELPHIA PA 19111-0427
DCMAPHILADELPHIACASD@DCMA.MIL
SCD: C PAS: (NONE)
7. NAME AND ADDRESS OF CONTRACTOR (NO., STREET, CITY, COUNTY, STATE AND ZIP CODE)
8. DELIVERY
FOB Origin Other (see below)
9. DISCOUNT FOR PROMPT PAYMENT
N
10. SUBMIT INVOICES
(4 COPIES UNLESS OTHERWISE
SPECIFIED) TO
ITEM
See Block
12 CAGE CODE FACILITY CODE THE ADDRESS SHOWN IN
11. SHIP TO / MARK FOR CODE 12. PAYMENT WILL BE MADE BY CODE HQ0337
See Section F
DFAS COLUMBUS CENTER
DFAS-CO/NORTH ENTITLEMENT OPS
P.O. BOX 182317
COLUMBUS OH 43218-2317
EFT: T
13. AUTHORITY FOR OTHER THAN FULL AND OPEN COMPETITION 14. ACCOUNTING AND APPROPRIATION DATA
15A. ITEM NO 15B. SUPPLIES/SERVICES 15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT See Section B
15G. TOTAL AMOUNT OF CONTRACT
$0.00
16. Table of Contents
SEC DESCRIPTION PAGE(S) SEC DESCRIPTION PAGE(S)
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
√ A SOLICITATION/CONTRACT FORM 1 √ I CONTRACT CLAUSES 15
√ B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS & ATTACHMENTS
√ C DESCRIPTION/SPECS./WORK STATEMENT 5 √ J LIST OF ATTACHMENTS 29
√ D PACKAGING AND MARKING 6 PART IV - REPRESENTATIONS AND INSTRUCTIONS
√ E INSPECTION AND ACCEPTANCE 7 K REPRESENTATIONS, CERTIFICATIONS
√ F DELIVERIES OR PERFORMANCE 8 OTHER STATEMENTS OF OFFERORS
√ G CONTRACT ADMINISTRATION DATA 10 L INSTRS., CONDS., AND NOTICES TO
√ H SPECIAL CONTRACT REQUIREMENTS 13 M EVALUATION FACTORS FOR AWARD
CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE
17. Contractor’s Negotiated Agreement 18. Award (Contractor is not required to sign this document).
(Contractor is required to sign this document and return 1 copies to issuing office).
Contractor agrees to furnish and deliver all items or perform all services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award/contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications, as are attached or incorporated by reference herein. (Attachments are listed herein.)
Your offer on solicitation number including the additions or changes made by you which additions or changes set forth in full above, is hereby accepted as to items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government’s solicitation and your offer, and (b) this award/contract. No further contractual document is necessary.
19A. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 20A. NAME OF CONTRACTING OFFICER
19B. Name of Contractor 19C. Date Signed 20B. United States of America
20C. Date Signed by _________________________________ (signature of person authorized to sign) by ____________________________________ (signature of Contracting Officer)
NSN 7540-01-152-8069 STANDARD FORM 26 (Rev 4-85) Previous Editions unusable Prescribed by GSA FAR (48 CFR) 53.214(a) ConWrite Version 6.14.1 Created 22 Oct 2015 6:00 PM
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
SECTION B FA9453-15-C-APEC
Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount
0001 1 U Lot U Noun: PROGRAM NAME
PSC: AC22
NSN: N - Not Applicable Contract type: U - COST PLUS FIXED FEE Inspection: DESTINATION Acceptance: DESTINATION
FOB: SOURCE
Descriptive Data:
The contractor shall furnish all labor, supplies, hardware, materials, travel, facilities and other direct costs reasonably required to accomplish the Contractor's Statement of Work (C-SOW) entitled (Insert Program Name), herein referred to as Attachment 1.
0002 1 NSP
Lot NSP Noun: DATA AND REPORTS
ACRN: U
PSC: AC22
NSN: N - Not Applicable DD1423 is Exhibit: A Contract type: U - COST PLUS FIXED FEE Inspection: DESTINATION Acceptance: DESTINATION
FOB: SOURCE
Descriptive Data:
This CLIN is Not Separately Priced (NSP). The contractor shall furnish data as required by the Contract Data Requirements List, DD Form 1423, which is hereby incorporated as Exhibit A. The costs associated with this line item is included in CLIN 0001.
Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount
0003 1 NSP
Lot NSP Noun: HARDWARE (IF APPLICABLE)
ACRN: U
PSC: AC22
NSN: N - Not Applicable Contract type: U - COST PLUS FIXED FEE Inspection: DESTINATION Acceptance: DESTINATION
FOB: SOURCE
Descriptive Data:
This CLIN is Not Separately Priced (NSP). The contractor shall furnish deliver the hardware in accordance with the Contractor's Statement of Work (C-SOW) entitled (Insert Program Name). The costs associated with this line item is included in CLIN 0001.
Must comply with all local, state and federal safety and environmental regulations.
The contractor is encouraged to provide safety information, to employees working on this contract, concerning identified hazards and associated risk controls related to this project.
For any deliverable systems or hardware, comply with system safety requirements contained in MIL-STD 882E, Task 205 "SystemHazard Analysis". Comply with the requirements of Task 208 "Functional Hazard Analysis" to identify and evaluate safety critical components of those systems, hardware, or software. For identified hazards, comply with the requirements of Task 301 "Safety Assessment Report". For any safety mitigations that are identified for systems, hardware, or software, comply with the requirements of Task 401 "Safety Verification"
0004 1 NSP
Lot NSP Noun: CONTRACTOR ACQUIRED PROPERTY (IF APPLICABLE)
ACRN: U
PSC: AC22
NSN: N - Not Applicable Contract type: U - COST PLUS FIXED FEE Inspection: DESTINATION Acceptance: DESTINATION
FOB: SOURCE
Descriptive Data:
This CLIN is Not Separately Priced (NSP). The costs associated with this line item is included in CLIN 0001. Contractor-acquired property items not otherwise specified for delivery on an existing line item, shall be delivered to the Government (Ref: FAR 52.245- 01(e)(3) and DFARS/DOD PGI 245.402-70).
NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
OTHER CONTRACT CLAUSES IN FULL TEXT
B054 IMPLEMENTATION OF LIMITATION OF FUNDS (DEC 2005) (TAILORED)
Pursuant to the clause FAR 52.232-22 in Section I, entitled, "Limitation of Funds", the total amount available for payment and allotted to this contract for CLINs 000X through 000X is $XXXX. It is estimated that this amount is sufficient to cover performance through DD MMM YYYY.
B054 required if contract is incrementally funded at award, use B054 and FAR 52.232-22; if fully funded at award, use 52.232-20
B058 CONTRACT TYPE: COST-PLUS-FIXED-FEE (DEC 2005) (TAILORED)
The estimated cost and fee for this contract are shown below. The applicable fixed fee set forth below may be increased or decreased only by negotiation and modification of the contract for added or deleted work. As determined by the contracting officer, it shall be paid as it accrues, in regular installments based upon the percentage of completion of work (or the expiration of the agreed-upon period(s) for term contracts).
Estimated Cost $XXXX Fixed Fee $XXXX
SECTION C - DESCRIPTION/SPECS./WORK STATEMENT
SECTION C FA9453-15-C-APEC
NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
C003 INCORPORATED DOCUMENTS/REQUIREMENTS (AUG 2006) (TAILORED)
(a) The following documents are a part of this contract:
(1) DD Form 1423, Contract Data Requirements Lists apply (Section J, Exhibit A).
(2) Contractor's Statement of Work entitled "Insert Program Name" (Section J, Attachment 1).
(3) List of Technical Data to be Furnished with Restrictions (Section J, Attachment 2)
(4) DD Form 254, Contract Security Classification Specification (Section J, Attachment
3) (Applicable to contracts when the contractor may require access to classified information (DD Form 254 Contract Security Classification Specification will be included as an attachment to the contract)
(5) Small Business Subcontracting Plan (Section J, Attachment 5) (Applicable to other than small business and efforts anticipated to exceed $700,000 that offer subcontracting possibilities)
(b) Technical Interchange Meetings (TIM) will take place during contract performance at either Kirtland AFB, NM or the contractor's facility.
(c) All Measurement Units in all documents presented to the Air Force shall be in Metric format (or as proposed by the contractor).
SECTION D - PACKAGING AND MARKING
SECTION D FA9453-15-C-APEC
NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
D002 PACKAGING AND MARKING (AUG 2005) (TAILORED)
(a) All hardware deliverable contract items shall be packaged in accordance with established commercial practices.
(b) All hardware, software, equipment or systems are to be initially delivered to:
SHIP TO: AFRL/RVOI
ATTN: (Insert Program Manager) 4600 Randolph Ave SE Bldg. 1010W Kirtland AFB, NM 87117-6008 Marked for: (Insert contract number)
(c) When special delivery and/or handling instructions are required, all boxes and/or crates must contain the following statement in plain sight and in bold letters:
INSTRUCTION TO RECEIVING OFFICE - DO NOT OPEN;
CONTENTS ARE SENSITIVE TO DAMAGE WHEN IMPROPERLY OPENED OR
HANDLED.
CONTACT THE RESPONSIBLE TECHNICAL PROJECT OFFICER IMMEDIATELY UPON
RECEIPT.
CONTACT: (Insert Program Manager name and contract number) D002 is required if CLIN for hardware or software deliverable is specified
SECTION E - INSPECTION AND ACCEPTANCE
SECTION E FA9453-15-C-APEC
I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES
52.246-08 INSPECTION OF RESEARCH AND DEVELOPMENT -- COST-REIMBURSEMENT
(MAY 2001)
52.246-09 INSPECTION OF RESEARCH AND DEVELOPMENT (SHORT FORM) (APR 1984)
If contract requires delivery of hardware/software use FAR 52.246-08. Otherwise use
FAR 52.246-09
B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES
252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)
II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
E007 INSPECTION AND ACCEPTANCE AUTHORITY (APR 1998) (TAILORED)
Inspection and acceptance for all Contract and Exhibit Lines or Subline Items shall be accomplished by the Program Manager, Air Force Research Laboratory (See clauses F007 and G002).
SECTION F - DELIVERIES OR PERFORMANCE
SECTION F FA9453-15-C-APEC
SHIP MARK TRANS
ITEM SUPPLIES SCHEDULE DATA QTY TO FOR PRI DATE
0001 1 FA9453 FA9453 ASREQ
Noun: PROGRAM NAME
ACRN: 9
Descriptive Data:
The End of Technical Effort (ETE) is DD MMM YYYY plus 90 days for the preparation and submittal of the Scientific and Technical Report (S&T) (CDRL A00X).
0002 1 FA9453 FA9453 ASREQ
Noun: DATA AND REPORTS
ACRN: U
Descriptive Data:
The Contractor shall deliver the Scientific and Technical (S&T) Report, in final format NLT
DD MMM YYYY.
If necessary, the Government will return the Scientific and Technical (S&T) Report with comments to the Contractor NLT DD MMM YYYY.
If the Scientific and Technical (S&T) Reports is returned to the Contractor with comments, the Contractor shall deliver the Scientific and Technical (S&T) Reports, in final format NLT DD MMM YYYY.
The final DD Form 882, Patent Report, shall be delivered within 90 days of the technical completion NLT DD MMM YYYY.
0003 1 FA9453 FA9453 ASREQ
Noun: HARDWARE (IF APPLICABLE)
ACRN: U
Descriptive Data:
Description of Hardware Deliverable: TBD
0004 1 FA9453 FA9453 ASREQ
Noun: CONTRACTOR ACQUIRED PROPERTY (IF
APPLICABLE)
ACRN: U
Descriptive Data:
Property disposition in accordance with FAR 52.245-01 subparagraphs (f)(1)(x) and (j).
I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
SECTION F - DELIVERIES OR PERFORMANCE
SECTION F FA9453-15-C-APEC
FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES
52.242-15 STOP-WORK ORDER (AUG 1989) - ALTERNATE I (APR 1984)
52.247-29 F.O.B. ORIGIN (FEB 2006)
II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
F003 CONTRACT DELIVERIES (FEB 1997)
The following terms, if used within this contract in conjunction with contract delivery requirements (including data deliveries), are hereby defined as follows:
(a) "MAC" and "MARO" mean "months after the effective date for award of the contractual action (as shown in block 3, Section A, SF 26)".
(b) "WARO" means "weeks after the effective date for award of the contractual action".
(c) "DARO" means "days after the effective date for award of the contractual action".
(d) "ASREQ" means "as required". Detailed delivery requirements are then specified elsewhere in Section F.
F005 DELIVERY OF REPORTS (OCT 1998)
(a) All data shall be delivered in accordance with the delivery schedule shown on the Contract Data Requirements List, attachments, or as incorporated by reference.
(b) All reports and correspondence submitted under this contract shall include the contract number and project number, if applicable, and be forwarded prepaid. A copy of the letters of transmittal shall be delivered to the Procuring Contracting Officer (PCO) and Administrative Contracting Officer (ACO). The addresses are set forth on the contract award cover page. All other address(es) and code(s) for consignee(s) are as set forth in the contract or incorporated by reference.
F007 SHIPMENT ADDRESS (SEP 1997) (TAILORED)
AFRL/(Insert Office Symbol) Attn: (Insert Program Manager Name) 3550 Aberdeen Ave., SE Kirtland AFB, NM 87117-5776 Mark For: (Insert contract number)
AFRL Det 8/RVKVE Attn: (Insert Contract Specialist name) 3550 Aberdeen Ave SE, Bldg. 424 Kirtland AFB, NM 87117-5776 Mark For: (Insert contract number)
ACO: See Block 6 on Page 1 for DCMA address Mark For: (Insert contract number)
SECTION G - CONTRACT ADMINISTRATION DATA
SECTION G FA9453-15-C-APEC
NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
A. DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause-
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Cost Voucher for CLIN 0001 and Receiving Report (stand-alone) for CLIN 0002 (CDRL TBD), CLIN 0003 (Hardware), and CLIN 0004 (Contractor Acquired Property) (as applicable).
Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
Destination
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC TBD Issue By DoDAAC FA9453 Admin DoDAAC TBD Inspect By DoDAAC FA9453 Ship To Code FA9453 Ship From Code Contractor Cage Code Mark For Code FA9453 Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC TBD Other DoDAAC(s) N/A
(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
TBD
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
TBD
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
B. OTHER CONTRACT CLAUSES IN FULL TEXT
252.204-0007 CONTRACT-WIDE: SEQUENTIAL ACRN ORDER (SEP 2009)
The payment office shall make payment in sequential ACRN order within the contract or order, exhausting all funds in the previous ACRN before paying from the next ACRN using the following sequential order: alpha/alpha; alpha/numeric; numeric/alpha; and numeric/numeric.
G002 PROGRAM MANAGER (MAY 1997) (TAILORED)
Program Manager: TBD
G007 INVOICE AND PAYMENT - COST REIMBURSEMENT - ALTERNATE (FEB 2006) (TAILORED)
(a) Invoices (or public vouchers), supported by a statement of cost for performance under this contract, shall be submitted to the cognizant Defense Contract Audit Agency (DCAA) office. Under the provisions of DFARS 242.803(b), the DCAA auditor is designated as the authorized representative of the contracting officer (CO) for examining vouchers received directly from the contractor.
(b) In addition, submit quarterly, one copy of all public vouchers generated for subject contract and containing only nonproprietary information to the AFRL Program Manager. Forward only the SF 1034 and any continuation sheets. Do not forward copies of attachments
SECTION H - SPECIAL CONTRACT REQUIREMENTS
SECTION H FA9453-15-C-APEC
NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
H011 GUARANTEED FINAL REPORT (FEB 1997) (TAILORED)
If this contract is terminated prior to completion or is not fully funded, the Contractor agrees to provide a final report in accordance with Exhibit A, Data Item TBD. During the life of the contract, the contractor shall continuously reserve sufficient funds from the amount allotted to guarantee the preparation and delivery of said final report.
H012 CONTRACTOR-ACQUIRED PROPERTY (SEP 1997) (TAILORED)
Subject to the provisions of the Government Property clause of this contract, the Contractor is authorized to acquire the following listed property:
PROPERTY
TBD (if applicable) Applicable to Educational & Non-Profit Organizations; if Contractor Acquired Property is known at award.
H028 IMPLEMENTATION OF DISCLOSURE OF INFORMATION (AUG 2013) (TAILORED)
To comply with DFARS 252.204-7000, Disclosure of Information, the contractor should submit two copies of the information to be released to the Air Force Program Manager, and one copy to the PCO, at least 10 days prior to the scheduled release date.
The Kirtland AFB Public Affairs Office (377 ABW/PA) is hereby designated as the approval authority for the Contracting Officer. Questions about current approval procedures may be directed to PA at (505) 846-5991.
H033 PRINCIPAL INVESTIGATOR (MAR 2006)
The (Insert Contractor Name) Principal Investigator(s) for this effort is(are) (Insert PI Name). No substitution shall be made without the prior written approval of the Air Force Procuring Contracting Officer
(PCO).
H063 CONTRACTOR IDENTIFICATION (FEB 2003)
(a) Contractor personnel and their subcontractors must identify themselves as Contractors or subcontractors during meetings, telephone conversations, in electronic messages, or correspondence related to this contract.
(b) Contractor-occupied facilities (on AFMC or other Government installations) such as offices, separate rooms, or cubicles must be clearly identified with Contractor supplied signs, name plates or other identification, showing that these are work areas for Contractor or subcontractor personnel.
H092 COMMUNICATIONS SECURITY (COMSEC) MONITORING (AUG 2005)
All communications with DoD organizations are subject to Communications Security (COMSEC) review.
Contractor personnel will be aware that telecommunications networks are continually subject to interception by unfriendly intelligence organizations. The DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from or terminating at DoD organizations. Therefore, civilian contractor personnel are advised that any time they place a call to or
SECTION H - SPECIAL CONTRACT REQUIREMENTS
SECTION H FA9453-15-C-APEC
receive a call from a USAF organization they are subject to COMSEC procedures. The Contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with official DoD information.
H094 CONTRACTING OFFICER AUTHORIZATION (AUG 2005)
The Contracting Officer shall be the only individual authorized to direct and/or redirect the effort or in any way amend any of the terms of this contract, other than those instances specifically delegated to an Administrative Contracting Officer or a Termination Contracting Officer by a contract clause of this contract or in writing by the Procuring Contracting Officer (PCO). For purposes of this contract "the Contracting Officer" is the individual located at the issuing office, and may be abbreviated as "CO" or "PCO". Any changes made by the contractor WITHOUT CO authority will be made at the contractor's own risk.
H097 ACKNOWLEDGEMENT OF SPONSORSHIP (APR 2006)
(a) The contractor agrees that in the release of information relating to this contract such release shall include a statement to the effect that the project or effort depicted was or is sponsored by the Air Force Research Laboratory (AFRL).
(b) For the purpose of this clause, "information" includes but is not limited to material presented in news releases, articles, manuscripts, brochures, advertisements, still and motion pictures, speeches, presentations, meetings, conferences, symposia, etc.
(c) Nothing in the foregoing shall affect compliance with the requirements of the clause (if applicable) of this contract entitled "Security Requirements".
(d) The contractor further agrees to include this provision in any subcontracts awarded as a result of this contract.
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
SECTION I FA9453-15-C-APEC
Contract Clauses in this section are from the FAR, Defense FAR Sup, Air Force FAR Sup, and the Air Force Materiel Command FAR Sup, and are current through the following updates:
Database_Version: 6.14.x.3300; Issued: 10/1/2015; FAR: FAC 2005-83; DFAR: DPN 20150626; DL.: DL 98- 021; Class Deviations: CD 2015-O0014; AFFAR: 2002 Edition; AFAC: AFAC 2015-0406; IPN: 98-009
I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES
52.202-01 DEFINITIONS (NOV 2013)
52.203-03 GRATUITIES (APR 1984)
52.203-05 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
52.203-07 ANTI-KICKBACK PROCEDURES (MAY 2014)
52.203-08 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR
IMPROPER ACTIVITY (MAY 2014)
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
(OCT 2010)
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)
Applicable to contracts >$5,000,000 and the period of performance is 120 days or more
52.204-02 SECURITY REQUIREMENTS (AUG 1996)
Required in solicitations and contracts when the contractor may require access to classified information (a DD Form 254 Contract Security Classification Specification will be included as an attachment to the contract)
52.204-02 SECURITY REQUIREMENTS (AUG 1996) - ALTERNATE I (APR 1984)
Applicable to cost contracts with educational institutions and may require access to classified information
52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT
PAPER (MAY 2011)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS (OCT 2015)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2015)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS
(DEC 2014)
52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
(OCT 2015)
52.209-09 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY
MATTERS (JUL 2013)
Required (1) where the resultant contract value is expected to exceed $550,000; and (2) where the offeror checked “has” in paragraph (b) of the provision FAR 52.209-07
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
(DEC 2014)
52.210-01 MARKET RESEARCH (APR 2011)
Applicable to contracts >$5,500,000
52.211-05 MATERIAL REQUIREMENTS (AUG 2000)
52.215-02 AUDIT AND RECORDS -- NEGOTIATION (OCT 2010)
52.215-02 AUDIT AND RECORDS -- NEGOTIATION (OCT 2010) - ALTERNATE II (APR 1998)
Applicable to cost-reimbursement contracts with State and local Governments, educational institutions, and other nonprofit organizations, 52.215-08 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (AUG
2011)
52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010)
52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010) - ALTERNATE I (OCT 1997)
52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)
52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)
Applicable to contracts that do not propose facilities cost of money
52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS
(PRB) OTHER THAN PENSIONS (JUL 2005)
52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)
52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER
THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010)
52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009)
52.216-07 ALLOWABLE COST AND PAYMENT (JUN 2013)
52.216-07 ALLOWABLE COST AND PAYMENT (JUN 2013) - ALTERNATE II (AUG 2012)
Para (a) (3), Day prescribed by agency head, or "30th". '30th' Applicable to contracts with educational institutions
52.216-08 FIXED FEE (JUN 2011)
If a contract is awarded to an educational institution or other non-profit organization use
FAR 52.216-11. Otherwise use FAR 52.216-08
52.216-11 COST CONTRACT -- NO FEE (APR 1984)
Applies to cost reimbursement contracts that provides no fee and is not a cost sharing contract
52.219-08 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014)
52.219-09 SMALL BUSINESS SUBCONTRACTING PLAN (DEVIATION) (AUG 2013)
Applicable to other than small business for contracts >$700,000 and offer subcontracting opportunities
52.219-16 LIQUIDATED DAMAGES -- SUBCONTRACTING PLAN (JAN 1999)
Applicable to other than small business for contracts >$700,000 and offer subcontracting opportunities
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)
52.222-02 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)
Para (a), Dollar amount is '$0.00'
52.222-03 CONVICT LABOR (JUN 2003)
52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
52.222-26 EQUAL OPPORTUNITY (APR 2015)
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)
52.222-37 EMPLOYMENT REPORTS ON VETERANS (OCT 2015)
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS
ACT (DEC 2010)
52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)
52.223-06 DRUG-FREE WORKPLACE (MAY 2001)
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE
DRIVING (AUG 2011)
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
52.227-01 AUTHORIZATION AND CONSENT (DEC 2007) - ALTERNATE I (APR 1984)
52.227-02 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT (DEC 2007)
52.227-10 FILING OF PATENT APPLICATIONS -- CLASSIFIED SUBJECT MATTER (DEC 2007)
Required in solicitations and contracts when the contractor may require access to classified information (a DD Form 254 Contract Security Classification Specification will be included as an attachment to the contract)
52.227-11 PATENT RIGHTS - OWNERSHIP BY THE CONTRACTOR (MAY 2014)
Para (j), Communications: 'Contact DCMA (See Block 6, on Page 1 for DCMA adress)' Applicable to Small Business, Educational or Non-Profit institutions. If Large Business, DFARS 252.227-7038 applies
52.228-07 INSURANCE -- LIABILITY TO THIRD PERSONS (MAR 1996)
52.229-10 STATE OF NEW MEXICO GROSS RECEIPTS AND COMPENSATING TAX (APR
2003) Para (c), Agency name 'United States Department of the Air Force' Para (g), Agency name 'United States Department of the Air Force' Para (g), Agency name 'United States Department of the Air Force' Para (g), Agency name 'United States Department of the Air Force' The State of New Mexico imposes gross receipts tax on the R&D industry under certain circumstances; FYI-270 issued by the New Mexico Taxation & Revenue Department can be found at http://www.tax.newmexico.gov/gross-receipts-tax-historic-rates.aspx
52.230-02 COST ACCOUNTING STANDARDS (OCT 2015)
Applicable to other than small business with contract value >$750,000, unless the contact is exempted, the contract is subject to modified coverage, or the contract is negotiated with a foreign concern. See 48 CFR 9903.201 (FAR Appendix) for applicability
52.230-03 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (OCT
2015)
Applicable to other than small business with contract value >$750,000, and the offeror certifies it is eligible for and elects to use modified CAS coverage. See 48 CFR 9903.201 (FAR Appendix) for applicability
52.230-04 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES - FOREIGN
CONCERNS (OCT 2015)
Applicable to other than small business with contract value >$750,000, and if the negotiated contract is with a foreign concern, unless the contact is exempted CAS. (see 48 CFR 9903.201-1). Foreign concerns do not include foreign governments or instrumentalities. See 48 CFR 9903.201 (FAR Appendix) for applicability
52.230-05 COST ACCOUNTING STANDARDS - EDUCATIONAL INSTITUTION (OCT 2015)
Applicable to Educational Institutions with contract value >$750,000, unless the contact is exempted, the contract is to be performed by an FFRDC, or the provision at 48 CFR 9903.201-2(c)(6) applies. See 48 CFR 9903.201 (FAR Appendix) for applicability
52.230-06 ADMINISTRATION OF COST ACCOUNTING STANDARDS (JUN 2010)
Applicable to contracts subject to Cost Accounting Standards
52.232-09 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)
52.232-17 INTEREST (MAY 2014)
52.232-20 LIMITATION OF COST (APR 1984)
Use if contract is fully funded at award
52.232-22 LIMITATION OF FUNDS (APR 1984)
Use with B054 if contract is incrementally funded at award
52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) - ALTERNATE I (APR 1984)
52.232-25 PROMPT PAYMENT (JUL 2013) - ALTERNATE I (FEB 2002)
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)
52.233-01 DISPUTES (MAY 2014)
52.233-03 PROTEST AFTER AWARD (AUG 1996) - ALTERNATE I (JUN 1985)
52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
52.242-01 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)
52.242-03 PENALTIES FOR UNALLOWABLE COSTS (MAY 2014)
52.242-04 CERTIFICATION OF FINAL INDIRECT COSTS (JAN 1997)
52.242-13 BANKRUPTCY (JUL 1995)
52.243-02 CHANGES -- COST-REIMBURSEMENT (AUG 1987) - ALTERNATE V (APR 1984)
52.243-06 CHANGE ORDER ACCOUNTING (APR 1984)
52.243-07 NOTIFICATION OF CHANGES (APR 1984)
Para (b), Number of calendar days is (insert 30 for RDSS/C) '30 days' Para (d), Number of calendar days is (insert 30 for RDSS/C) '30 days' Applicable to contracts >$1,000,000
52.244-02 SUBCONTRACTS (OCT 2010)
Para (d), approval required on subcontracts: 'TBD' Para (j), Insert subcontracts evaluated during negotiations. 'TBD'
52.244-05 COMPETITION IN SUBCONTRACTING (DEC 1996)
52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (OCT 2015)
52.245-01 GOVERNMENT PROPERTY (APR 2012)
52.245-09 USE AND CHARGES (APR 2012)
52.246-23 LIMITATION OF LIABILITY (FEB 1997)
Required if hardware deliverable CLIN is specified/required
52.246-25 LIMITATION OF LIABILITY -- SERVICES (FEB 1997)
52.247-01 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)
52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT (FEB 2006)
Para (c). Insert address. 'General Servcies Administration Crystal Plaza 4, Room 300 2200 Crystal Drive Arlington, VA 20406'
52.249-05 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (EDUCATIONAL AND
OTHER NONPROFIT INSTITUTIONS) (SEP 1996)
Applicable to contracts with educational or non-profit institutions
52.249-06 TERMINATION (COST-REIMBURSEMENT) (MAY 2004)
52.249-14 EXCUSABLE DELAYS (APR 1984)
52.253-01 COMPUTER GENERATED FORMS (JAN 1991)
B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS
(SEP 2011)
252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-
CONTRACT-RELATED FELONIES (DEC 2008)
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP
2013)
252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)
Applicable to contracts >$5,500,000
252.203-7004 DISPLAY OF HOTLINE POSTERS (JAN 2015)
Para (b)(2). C.O. enters contact information. 'N/A'
252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013)
If the contractor may require access to classified information (a DD Form 254 Contract
Security Classification Specification will be included as an attachment to the contract);
DFARS 252.204-7000 and H028 are not applicable; see DD 254 block 12 for disclosure of information.
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
252.204-7005 ORAL ATTESTATION OF SECURITY RESPONSIBILITIES (NOV 2001)
Required in solicitations and contracts when the contractor may require access to classified information (a DD Form 254 Contract Security Classification Specification will be included as an attachment to the contract)
252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC
1991)
Applicable to contracts >$1,000,000
252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE
GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM
(DEC 2014)
252.209-7005 RESERVE OFFICER TRAINING CORPS AND MILITARY RECRUITING ON CAMPUS
(MAR 2012)
Applicable to contracts with institutions of higher education
252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (DEC 2013)
Para (c)(1)(i). Insert Contract Line, Subline, or Exhibit Line Item Number and Item
Description or n/a. 'TBD' Para (c)(1)(ii). Identify Contract Line, Subline, or Exhibit Line Item Nr and Item
Description. If items are identified in the Schedule, insert "See Schedule" 'TBD' Para (c)(1)(iii). Attachment Nr. 'TBD' Para (c)(1)(iv). Attachment Nr. 'TBD' Para (f)(2)(iii). Line item number or n/a. 'TBD' Required if contract specifies CLIN for (1) Hardware deliverable or (2) Contractor
Acquired Property (CAP)
252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012)
252.215-7000 PRICING ADJUSTMENTS (DEC 2012)
252.215-7002 COST ESTIMATING SYSTEM REQUIREMENTS (DEC 2012)
Applicable to contracts awarded on the basis of certified cost or pricing data
252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)
Required in solicitations and contracts when the contractor may require access to classified information (a DD Form 254 Contract Security Classification Specification will be included as an attachment to the contract).
252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR
HAZARDOUS MATERIALS - BASIC (SEP 2014)
252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013)
252.225-7009 RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY
METALS (OCT 2014)
252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (FEB 2013)
252.225-7016 RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS (JUN 2011)
252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)
252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC
ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)
Applicable to contracts >$500,000
252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (FEB 2014)
252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL
COMPUTER SOFTWARE DOCUMENTATION (FEB 2014)
252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION (JAN 2011)
252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE (SEP 2011)
252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT (MAR 2000)
252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (JUN 2013)
252.227-7038 PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR (LARGE BUSINESS) (JUN
2012) Applicable to large business. If small business, education or non-profit institution, FAR
52.227-11 and DFARS 252.227-7039 apply
252.227-7039 PATENTS--REPORTING OF SUBJECT INVENTIONS (APR 1990)
Applicable to small business, educational or non-profit institutions. If large business
DFARS 252.227-7038 applies
252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS
(JUN 2012)
252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)
252.235-7010 ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER (MAY 1995)
Para (a), name of contracting agency(ies): 'United States Air Force' Para (a), contract number(s): 'FA9453-15-C-APEC'
Para (b), name of contracting agency(ies): 'United States Air Force'
252.235-7011 FINAL SCIENTIFIC OR TECHNICAL REPORT (JAN 2015)
Under no circumstances shall the contractor submit either the final report or the camera-ready technical report to DTIC. Contractor shall submit report in accordance with the applicable CDRL.
252.242-7004 MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM (MAY 2011)
Not applicable to small business, educational institutions, or non-profit organizations
252.242-7005 CONTRACTOR BUSINESS SYSTEMS (FEB 2012)
Not applicable to small business, educational institutions, or non-profit organizations, Federally Funded Research and Development Centers (FFRDCs), or University Associated Research Centers (UARCs) operated by educational institutions
252.242-7006 ACCOUNTING SYSTEM ADMINISTRATION (FEB 2012)
252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)
252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)
252.244-7001 CONTRACTOR PURCHASING SYSTEM ADMINISTRATION - BASIC (MAY 2014)
252.245-7001 TAGGING, LABELING, AND MARKING OF GOVERNMENT-FURNISHED PROPERTY
(APR 2012)
252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY (APR 2012)
252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION (APR 2012)
252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL (MAR 2015)
Insert Item(s) 'TBD' Insert Item(s) 'TBD'
252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA - BASIC (APR 2014)
252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000)
C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES
5352.201-9101 OMBUDSMAN (APR 2015)
Para (c). Ombudsmen names, addresses, phone numbers, fax, and email addresses.
'Ms. Barbara Gehrs, AFRL/PK 1864 4th St., Bldg 15 Room 225, Wright-Patterson AFB, OH, 45433-7130, Phone 937-904-4407, Fax 937-904-7024, Email barbara.gehrs@us.af.mil'
II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT
52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)
This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).
52.252-02 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): http://farsite.hill.af.mil/
52.252-06 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter
1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
B. DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT
252.203-7999 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015)
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d)(1) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) (DEVIATION)
(AUG 2013)
This clause supplements the Federal Acquisition Regulation 52.219-9, Small Business Subcontracting Plan, clause of this contract.
(a) Definitions. As used in this clause--
"Historically black colleges and universities" means institutions determined by the Secretary of Education to meet the requirements of 34 CFR Section 608.2. The term also means any nonprofit research institution that was an integral part of such a college or university before November 14, 1986.
"Minority institutions" means institutions meeting the requirements of Section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3)). The term also includes Hispanic-serving institutions as defined in Section 316(b)(1) of such Act (20 U.S.C. 1059c(b)(1)).
"Summary Subcontract Report (SSR) Coordinator" means the individual who is registered in eSRS at the Department of Defense (9700).
(b) Except for company or division-wide commercial items subcontracting plans, the term "small disadvantaged business," when used in the FAR 52.219-9 clause, includes historically black colleges and universities and minority institutions, in addition to small disadvantaged business concerns.
(c) Work under the contract or its subcontracts shall be credited toward meeting the small disadvantaged business concern goal required by paragraph (d) of the FAR 52.219-9 clause when:
(1) It is performed on Indian lands or in joint venture with an Indian Tribe or a Tribally-owned corporation, and
(2) It meets the requirements of 10 U.S.C. 2323a.
(d) Subcontracts awarded to workshops approved by the Committee for Purchase from People Who are Blind or Severely Disabled (41 U.S.C. 8502-8504), may be counted toward the Contractor's small business subcontracting goal.
(e) A mentor firm, under the Pilot Mentor-Protege Program established under section 831 of Pub. L. 101-510, as amended, may count toward its small disadvantaged business goal, subcontracts awarded--
(1) Protege firms which are qualified organizations employing the severely disabled; and
(2) Former protege firms that meet the criteria in Section 831(g)(4) of Pub. L. 101-510.
(f) The master plan is approved by the Contractor's cognizant contract administration activity.
(g) In those subcontracting plans which specifically identify small businesses, the Contractor shall notify the Administrative Contracting Officer of any substitutions of firms that are not small business firms, for the small business firms specifically identified in the subcontracting plan. Notifications shall be in writing and shall occur within a reasonable period of time after award of the subcontract. Contractor-specified formats shall be acceptable.
(h) (1) For DoD, the Contractor shall submit reports in eSRS as follows:
(i) The Individual Subcontract Report (ISR) shall be submitted to the contracting officer at the procuring contracting office, even when contract administration has been delegated to the Defense Contract Management Agency.
(ii) To submit the consolidated SSR for an individual subcontracting plan in eSRS, the contractor identifies the Government Agency in Block 7 ("Agency to which the report is being submitted") by selecting the "Department of Defense (DoD) (9700)" from the top of the second dropdown menu. Do not select anything lower.
(2) For DoD, the authority to acknowledge receipt or reject reports in eSRS is as follows:
(i) The authority to acknowledge receipt or reject the ISR resides with the contracting officer who receives it, as described in paragraph (h)(1)(i) of this clause.
( ii) The authority to acknowledge receipt or reject SSRs resides with the SSR Coordinator.
(iii) The authority to acknowledge receipt or reject SSRs for construction and related maintenance and repair contracts resides with the SSR Coordinator for each department or agency.
(iv) The authority to acknowledge receipt or reject the Year-End Supplementary Report for Small Disadvantaged Businesses resides with the SSR Coordinator who acknowledges receipt or rejects the SSR.
(v) If the Contractor submits the Small Disadvantaged Business Participation report using eSRS, the authority to acknowledge receipt or reject this report in eSRS resides with the contracting officer who acknowledges receipt or rejects the ISR.
Applicable to other than small business for contracts >%650,000 and offer subcontracting opportunities
C. OTHER CONTRACT CLAUSES IN FULL TEXT
_252.204-7009 LIMITATIONS ON THE USE AND DISCLOSURE OF THIRD-PARTY CONTRACTOR
REPORTED CYBER INCIDENT INFORMATION (FRN 08-26-2015) (AUG 2015)
(a) Definitions. As used in this clause-
Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.
Covered defense information means unclassified information that-
(1) Is-
(i) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or
(ii) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and
(2) Falls in any of the following categories:
(i) Controlled technical information.
(ii) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act…
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