Attachment 1 - Provisions and Clauses FA5000Q0067.pdf

DFARS CLAUSES

252.246-7008 Sources of Electronic Parts.

SOURCES OF ELECTRONIC PARTS (JAN 2023)

(a) DefiniƟons. As used in this clause—

“Authorized aŌermarket manufacturer” means an organizaƟon that fabricates a part under a contract with, or with the express wriƩen authority of, the original component manufacturer based on the original component manufacturer’s designs, formulas, and/or specificaƟons.

“Authorized supplier” means a supplier, distributor, or an aŌermarket manufacturer with a contractual arrangement with, or the express wriƩen authority of, the original manufacturer or current design acƟvity to buy, stock, repackage, sell, or distribute the part.

“Contract manufacturer” means a company that produces goods under contract for another company under the label or brand name of that company.

“Contractor-approved supplier” means a supplier that does not have a contractual agreement with the original component manufacturer for a transacƟon, but has been idenƟfied as trustworthy by a contractor or subcontractor.

“Electronic part” means an integrated circuit, a discrete electronic component (including, but not limited to, a transistor, capacitor, resistor, or diode), or a circuit assembly (secƟon 818(f)(2) of Pub. L. 112-81).

"Original component manufacturer" means an organizaƟon that designs and/or engineers a part and is enƟtled to any intellectual property rights to that part.

“Original equipment manufacturer” means a company that manufactures products that it has designed from purchased components and sells those products under the company's brand name.

“Original manufacturer” means the original component manufacturer, the original equipment manufacturer, or the contract manufacturer.

(b) SelecƟng suppliers. In accordance with secƟon 818(c)(3) of the NaƟonal Defense AuthorizaƟon Act for Fiscal Year 2012 (Pub. L. 112-81), as amended by secƟon 817 of the NaƟonal Defense AuthorizaƟon Act for Fiscal Year 2015 (Pub. L. 113-291) and secƟon 885 of the NaƟonal Defense AuthorizaƟon Act for Fiscal Year 2016 (Pub. L. 114-92), the Contractor shall—

(1) First obtain electronic parts that are in producƟon by the original manufacturer or an authorized aŌermarket manufacturer or currently available in stock from—

(i) The original manufacturers of the parts;

(ii) Their authorized suppliers; or

(iii) Suppliers that obtain such parts exclusively from the original manufacturers of the parts or their authorized suppliers;

(2) If electronic parts are not available as provided in paragraph (b)(1) of this clause, obtain electronic parts that are not in producƟon by the original manufacturer or an authorized aŌermarket manufacturer, and that are not currently available in stock from a source listed in paragraph (b)(1) of this clause, from suppliers idenƟfied by the Contractor as contractor-approved suppliers, provided that—

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(i) For idenƟfying and approving such contractor-approved suppliers, the Contractor uses established counterfeit prevenƟon industry standards and processes (including inspecƟon, tesƟng, and authenƟcaƟon), such as the DoD-adopted standards at hƩps://assist.dla.mil;

(ii) The Contractor assumes responsibility for the authenƟcity of parts provided by such contractor-approved suppliers; and

(iii) The Contractor’s selecƟon of such contractor-approved suppliers is subject to review, audit, and approval by the Government, generally in conjuncƟon with a contractor purchasing system review or other surveillance of purchasing pracƟces by the contract administraƟon office, or if the Government obtains credible evidence that a contractor–approved supplier has provided counterfeit parts. The Contractor may proceed with the acquisiƟon of electronic parts from a contractor-approved supplier unless otherwise noƟfied by DoD; or

(3)(i) Take the acƟons in paragraph (b)(3)(ii) of this clause if the Contractor—

(A) Obtains an electronic part from—

(1) A source other than any of the sources idenƟfied in paragraph (b)(1) or (b)(2) of this clause, due to nonavailability from such sources; or

(2) A subcontractor (other than the original manufacturer) that refuses to accept flowdown of this clause; or

(B) Cannot confirm that an electronic part is new or previously unused and that it has not been comingled in supplier new producƟon or stock with used, refurbished, reclaimed, or returned parts.

(ii) If the contractor obtains an electronic part or cannot confirm an electronic part pursuant to paragraph (b)(3)(i) of this clause—

(A) Promptly noƟfy the ContracƟng Officer in wriƟng. If such noƟficaƟon is required for an electronic part to be used in a designated lot of assemblies to be acquired under a single contract, the Contractor may submit one noƟficaƟon for the lot, providing idenƟficaƟon of the assemblies containing the parts (e.g., serial numbers);

(B) Be responsible for inspecƟon, tesƟng, and authenƟcaƟon, in accordance with exisƟng applicable industry standards; and

(C) Make documentaƟon of inspecƟon, tesƟng, and authenƟcaƟon of such electronic parts available to the Government upon request.

(c) Traceability.If the Contractor is not the original manufacturer of, or authorized supplier for, an electronic part, the Contractor shall—

(1) Have risk-based processes (taking into consideraƟon the consequences of failure of an electronic part) that enable tracking of electronic parts from the original manufacturer to product acceptance by the Government, whether the electronic part is supplied as a discrete electronic part or is contained in an assembly;

(2) If the Contractor cannot establish this traceability from the original manufacturer for a specific electronic part, be responsible for inspecƟon, tesƟng, and authenƟcaƟon, in accordance with exisƟng applicable industry standards; and

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(3)(i) Maintain documentaƟon of traceability (paragraph (c)(1) of this clause) or the inspecƟon, tesƟng, and authenƟcaƟon required when traceability cannot be established (paragraph (c)(2) of this clause) in accordance with FAR subpart 4.7; and

(ii) Make such documentaƟon available to the Government upon request.

(d) Government sources. Contractors and subcontractors are sƟll required to comply with the requirements of paragraphs (b) and (c) of this clause, as applicable, if—

(1) Authorized to purchase electronic parts from the Federal Supply Schedule;

(2) Purchasing electronic parts from suppliers accredited by the Defense Microelectronics AcƟvity; or

(3) RequisiƟoning electronic parts from Government inventory/stock under the authority of 252.251- 7000 , Ordering from Government Supply Sources.

(i) The cost of any required inspecƟon, tesƟng, and authenƟcaƟon of such parts may be charged as a direct cost.

(ii) The Government is responsible for the authenƟcity of the requisiƟoned parts. If any such part is subsequently found to be counterfeit or suspect counterfeit, the Government will—

(A) Promptly replace such part at no charge; and

(B) Consider an adjustment in the contract schedule to the extent that replacement of the counterfeit or suspect counterfeit electronic parts caused a delay in performance.

(e) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (e), in subcontracts, including subcontracts for commercial products, that are for electronic parts or assemblies containing electronic parts, unless the subcontractor is the original manufacturer.

(End of clause)

252.232-7006 Wide Area Workflow Payment InstrucƟons

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) DefiniƟons. As used in this clause—

“Department of Defense AcƟvity Address Code (DoDAAC)” is a six posiƟon code that uniquely idenƟfies a unit, acƟvity, or organizaƟon.

“Document type” means the type of payment request or receiving report available for creaƟon in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment cerƟficaƟon when payment cerƟficaƟon is done external to the enƟtlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal AcquisiƟon RegulaƟon Supplement (DFARS) 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

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(1) Have a designated electronic business point of contact in the System for Award Management at hƩps://www.sam.gov; and

(2) Be registered to use WAWF at hƩps://wawf.eb.mil/ following the step-by-step procedures for self-registraƟon available at this web site.

(d) WAWF training. The Contractor should follow the training instrucƟons of the WAWF Web-Based Training Course and use the PracƟce Training Site before submiƫng payment requests through WAWF.

Both can be accessed by selecƟng the “Web Based Training” link on the WAWF home page at hƩps://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 instrucƟons. The Contractor shall use the following informaƟon when submiƫng payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or Ɵme-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the ContracƟng Officer.

COMBO

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the ContracƟng Officer.

N/A

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permiƩed when Federal AcquisiƟon RegulaƟon (FAR) 52.213-1 is included in the contract.

(3) Document rouƟng. The Contractor shall use the informaƟon in the RouƟng Data Table below only to fill in applicable fields in WAWF when creaƟng payment requests and receiving reports in the system.

RouƟng Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F87700

Issue By DoDAAC FA5000

Admin DoDAAC** FA5000

Inspect By DoDAAC FU5000

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Ship To Code FU5000

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) FU5000

Service Acceptor (DoDAAC) FU5000

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentaƟon appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal AcquisiƟon RegulaƟon 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarificaƟon regarding invoicing in WAWF from the following contracƟng acƟvity’s WAWF point of contact.

N/A

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

252.204-7024NoƟce on the Use of the Supplier Performance Risk System.

NOTICE ON THE USE OF THE SUPPLIER PERFORMANCE RISK SYSTEM (MAR 2023)

(a) DefiniƟons. As used in this provision— “Item risk” means the probability that a product, based on intended use, will introduce performance risk resulƟng in safety issues, mission degradaƟon, or monetary loss.

“Price risk” means a measure of whether a proposed price for a product or service is consistent with historical prices paid for that item or service.

“Supplier risk” means the probability that an award may subject the procurement to the risk of unsuccessful performance or to supply chain risk (see Defense Federal AcquisiƟon RegulaƟon Supplement 239.7301).

(b) The Supplier Performance Risk System (SPRS), available at hƩps://piee.eb.mil/, will be used in the evaluaƟon of the Quoter or Offeror’s performance. SPRS retrieves item, price, quality, delivery, and contractor informaƟon on contracts from Government reporƟng systems in order to develop risk assessments.

(c) The ContracƟng Officer will consider SPRS risk assessments during the evaluaƟon of quotaƟons or offers received in response to this solicitaƟon as follows:

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(1) Item risk will be considered to determine whether the procurement represents a high performance risk to the Government.

(2) Price risk will be considered in determining if a proposed price is consistent with historical prices paid for a product or a service or otherwise creates a risk to the Government.

(3) Supplier risk, including but not limited to quality and delivery, will be considered to assess the risk of unsuccessful performance and supply chain risk.

(d) SPRS risk assessments are generated daily. Quoters or Offerors are able to access their risk assessments by following the access instrucƟons in the SPRS user's guide available at hƩps://www.sprs.csd.disa.mil/reference.htm. Quoters and Offerors are granted access to SPRS for their own risk assessment classificaƟons only. SPRS reporƟng procedures and risk assessment methodology are detailed in the SPRS user's guide. The method to challenge a raƟng generated by SPRS is also provided in the user's guide. SPRS evaluaƟon criteria are available at hƩps://www.sprs.csd.disa.mil/pdf/SPRS_DataEvaluaƟonCriteria.pdf.

(e) The ContracƟng Officer may consider any other available and relevant informaƟon when evaluaƟng a quotaƟon or an offer.

(End of provision)

DAFFARS 5352.201-9101 OMBUDSMAN (JUL 2023) is hereby incorporated by full text below:

(a) An ombudsman has been appointed to hear and facilitate the resoluƟon of concerns from offerors, potenƟal offerors, and others for this acquisiƟon. When requested, the ombudsman will maintain strict confidenƟality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracƟng officer, or source selecƟon official. Further, the ombudsman does not parƟcipate in the evaluaƟon of proposals, the source selecƟon process, or the adjudicaƟon of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulƟng with an ombudsman, interested parƟes must first address their concerns, issues, disagreements, and/or recommendaƟons to the contracƟng officer for resoluƟon. ConsulƟng an ombudsman does not alter or postpone the Ɵmelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer acƟons, contests of OMB Circular A-76 compeƟƟon performance decisions).

(c) If resoluƟon cannot be made by the contracƟng officer, the interested party may contact the ombudsman, AFICC/KH (Chief Enlisted Manager), 25 E. Street, Suite B-100, JBPH-H, HI 96853-5427, Phone: (808) 449-8569 or FAX:(808)449-8571. Concerns, issues, disagreements, and recommendaƟons that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideraƟon to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (ContracƟng), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitaƟon, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the ContracƟng Officer

(End of Clause)

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