Award SPRRA2-20-P-0124 PADDS.pdf
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- Assembly POWER SUPPLY Federal contract opportunity
- Solicitation number
- SPRRA2-20-P-0124
- Issued by
- Defense Logistics Agency Aviation
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PAGE 1 OF
ORDER FOR SUPPLIES OR SERVICES
1. CONTRACT PURCH ORDER/AGREEMENT NO. 2. DELIVERY ORDER/CALL NO. 3. DATE OF ORDER/CALL
(YYYYMMMDD)
4. REQUISITION/PURCH REQUEST NO. 5. PRIORITY
6. ISSUED BY CODE 7. ADMINISTERED BY (If other than 6) CODE 8. DELIVERY FOB
DESTINATION
OTHER
(See Schedule if other)
9. CONTRACTOR CODE FACILITY 10. DELIVER TO FOB POINT BY (Date) 11. X IF BUSINESS IS
SMALL
SMALL
NAME 12. DISCOUNT TERMS DISADVANTAGED
AND
ADDRESS
WOMAN-OWNED
13. MAIL INVOICES TO THE ADDRESS IN BLOCK
14. SHIP TO CODE 15. PAYMENT WILL BE MADE BY CODE MARK ALL
PACKAGES AND
PAPERS WITH
IDENTIFICATION
NUMBERS IN
BLOCKS 1 AND 2
16. DELIVERY/
CALL THIS DELIVERY ORDER IS ISSUED ON ANOTHER GOVERNMENT AGENCY OR IN ACCORDANCE WITH AND SUBJECT TO TERMS AND CONDITIONS OF ABOVE NUMBERED CONTRACT.
TYPE
OF
ORDER
PURCHASE
Reference your Oral Written Quotation ________________________ , Dated ________________.
____________________________ furnish the following on terms specified herein.
ACCEPTANCE. THE CONTRACTOR HEREBY ACCEPTS THE OFFER REPRESENTED BY THE NUMBERED PURCHASE ORDER AS IT MAY PREVIOUSLY HAVE BEEN OR IS NOW MODIFIED, SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET FORTH, AND AGREES TO PERFORM THE SAME.
NAME OF CONTRACTOR SIGNATURE TYPED NAME AND TITLE DATE SIGNED
If this box is marked, supplier must sign Acceptance and return the following number of copies:
17. ACCOUNTING AND APPROPRIATION DATA/LOCAL USE
18. ITEM NO. 19. SCHEDULE OF SUPPLIES/SERVICE 20. QUANTITY
ORDERED/
ACCEPTED*
21.
UNIT
22. UNIT PRICE 23. AMOUNT
* If quantity accepted by the Government is 24. UNITED STATES OF AMERICA 25. TOTAL same as quantity ordered, indicate by X. 26.
If different, enter actual quantity accepted below DIFFERENCES quantity ordered and encircle. BY: CONTRACTING/ORDERING OFFICER 27a. QUANTITY IN COLUMN 20 HAS BEEN
INSPECTED RECEIVED ACCEPTED, AND CONFORMS TO CONTRACT EXCEPT AS NOTED ____________________________________________________
b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE c. DATE d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
(YYYYMMMDD) REPRESENTATIVE
e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 28. SHIP. NO. 29. D.O. VOUCHER NO. 30. INITIALS
PARTIAL
32. PAID BY 33. AMOUNT VERIFIED CORRECT FOR
f. TELEPHONE NUMBER g. E-MAIL ADDRESS
FINAL
31. PAYMENT 34. CHECK NUMBER
36. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT.
COMPLETE
a. DATE b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
PARTIAL
35. BILL OF LADING NO.
FINAL
37. RECEIVED AT 38. RECEIVED BY (Print) 39. DATE RECEIVED
40. TOTAL CON-
TAINERS
41. S/R ACCOUNT NUMBER 42. S/R VOUCHER NO.
DD FORM 1155, DEC 2001 PREVIOUS EDITION IS OBSOLETE.
SPRRA2-20-P-0124 2020AUG31 SEE SCHEDULE DOA2
SPRRA2
DEFENSE LOGISTICS AGENCY
5201 MARTIN ROAD/DLA-AVN-AH
REDSTONE ARSENAL AL 35898-7340
CHARLES D. IVY
EMAIL: CHARLES.D.IVY@US.ARMY.MIL
S5111A
DCMA HAMPTON
2128 PERSHING AVENUE
FORT EUSTIS, VA 23604
757-527-4700
X
06ES8
AEGIS POWER SYSTEMS, INC.
805 GREENLAWN CEMETERY RD
MURPHY, NC 28906-9137
SEE SCHEDULE
X
See Block 15
SEE SCHEDULE
HQ0338
DFAS-COLUMBUS CENTER
SOUTH ENTITLEMENT OPERATIONS
P O BOX 182317
COLUMBUS OH 43218-2317
X
X 2
SPRRA220Q0123
SEE CONTRACT ADMINISTRATION DATA
SEE SCHEDULE
STEVON WALKER
STEVON.WALKER@DLA.MIL (256)690-5713
2020AUG31 /SIGNED/ 2020AUG31
$40,350.00
CONTINUATION SHEET
Reference No. of Document Being Continued Page of
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
SUPPLEMENTAL INFORMATION
Buyer Name: CHARLES D. IVY
Buyer Office Symbol/Telephone Number: DLA-AVN-AHCB/(256)924-7929
Type of Contract 1: Firm Fixed Price
Kind of Contract: Supply Contracts and Priced Orders
Type of Business: Other Small Business Performing in U.S.
Surveillance Criticality Designator: C
Weapon System: Patriot
*** End of Narrative A0000 ***
A-1. THIS REQUIREMENT IS AWARDED TO AEGIS POWER SYSTEMS (CAGE 06ES8).
A-2. THIS REQUIREMENT IS IN SUPPORT OF THE WEAPON SYSTEMS: M-D6 PATRIOT
SYSTEMS.
A-3. CONTRACTOR TESTED FIRST ARTICLE IS WAIVED. _________
A-4. SERIAL NUMBER IS NOT REQUIRED. ______
A-5. THIS REQUIREMENT IS ONE TIME BUY FOR FIRM FIXED PRICE CONTRACT.
A-6. THE GOVERNMENT INTENDS TO AWARD ONLY ONE CONTRACT AS A RESULT OF SOLICITATION SPRRA2-20-Q-0123.
A-7. ARMS EXPORT CONTROL IS APPLICABLE:
THE TECHNICAL DATA PACKAGE PROVIDED ON CD CONTAINS TECHNICAL DATA WHOSE EXPORT IS RESTRICTED BY THE ARMS EXPORT CONTROL ACT (TITLE 22
U.S.C., SEC 2751 ET SEQ.) OR EXECUTIVE ORDER 12470. VIOLATION OF THESE EXPORT LAWS ARE SUBJECT TO SEVERE CRIMINAL PENALTIES.
A-8. ACCELERATED DELIVERY IS ACCEPTABLE AT NO ADDITIONAL COST TO THE GOVERNMENT.
A-9. CONTRACTOR POINT OF CONTACT INFORMATION:
NAME: Errol Reid
TELEPHONE NUMBER: (828) 837-4029 x220
E-MAIL ADDRESS: ereid@aegispower.com
A-10. DCMA POINT OF CONTACT(POC) INFORMATION:
NAME: June Wilson
TELEPHONE NUMBER: (757) 527-4667
EMAIL ADDRESS: june.r.wilson4.civ@mail.mil
A-11. DLA POINT OF CONTACT(POC) INFORMATION:
Direct all Post Award Questions to:
DLA HSV Post Award Team
EMAIL: dlahsvpostawardteam@dla.mil
A-12. FOR LONG LEAD TIME ITEMS AND/OR LONG TERM CONTRACTS, THE PARTIES RECOGNIZE THERE IS A RISK THAT PART(S) OR COMPONENT(S) REQUIRED
FOR PERFORMANCE OF THE CONTRACT/PURCHASE ORDER MAY BECOME UNAVAILABLE DUE TO OBSOLESCENCE. UPON RECEIPT OF THE CONTRACT/PURCHASE
ORDER, CONTRACTOR IS RESPONSIBLE FOR VERIFYING ITS SOURCES OF SUPPLY. IF AT ANY TIME DURING THE COURSE OF PERFORMANCE CONTRACTOR
BECOMES AWARE THAT IT IS UNABLE TO PROCURE A PART OR COMPONENT NECESSARY TO FULFILL THE REQUIRMENTS OF THE CONTRACT, THE CONTRACTOR
SHALL NOTIFY THE CONTRACTING OFFICER IN WRITING WITHIN THIRTY DAYS. NOTIFICATION SHALL INCLUDE CONTRACTORS RECOMMENDATION FOR
CORRECTION OF THE PROBLEM, IF POSSIBLE, WITH ESTIMATED COST AND SCHEDULE IMPACT, IF ANY. THE CONTRACTING OFFICER WILL DETERMINE THE
APPROPRIATE COURSE OF ACTION AND PROVIDE DIRECTION TO THE CONTRACTOR. IN NO EVENT WILL CONTRACTOR PROCEED WITH IMPLEMENTATION OF ITS
RECOMMENDATION WITHOUT WRITTEN DIRECTION FROM THE CONTRACTING OFFICER. AT THE SOLE DISCRETION OF THE CONTRACTING OFFICER, THE CONTRACT
MAY BE TERMINATED IN WHOLE OR IN PART, AS APPROPRIATE.
2 24
SPRRA2-20-P-0124
AEGIS POWER SYSTEMS, INC.
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
*** END OF NARRATIVE A0001 ***
3 24
PIIN/SIIN
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
SUPPLIES OR SERVICES AND PRICES/COSTS
0001 POWER SUPPLY
NSN: 6130-01-529-8653
Mfr CAGE: 18876
Mfr Part Number: 13623110
0001AA Production Quantity 10 EA $ 4,035.00000 $ 40,350.00 ___________________ ______________ __________________
COMMODITY NAME: POWER SUPPLY
CLIN CONTRACT TYPE:
Firm Fixed Price
PRON: D10H0123D1 PRON AMD: 02 ACRN: AA
AMS CD: SM2B1100000
PSC: 6130
Packaging and Marking _____________________
PACKAGING/PACKING/SPECIFICATIONS:
MIL-STD-129 MARKING SHALL APPLY
UNIT PACK: 001 INTERMEDIATE PACK: 000
LEVEL PRESERVATION: Military
LEVEL PACKING: B
ALL WOOD PACKAGING MATERIAL (WPM) MUST BE ISPM-15 COMPLAINT
ESTIMATED MAXIMUM UNIT PACKAGE WEIGHT (POUNDS) AND
SIZE (INCHES)
WT [5.5]
LN [16.0]
WD [8.0]
DP [6.0]
THE FOLLOWING MIL-STD-2073-1, APPENDIX J CODES SHALL
APPLY:
JI/A/MP [GX] JII/CD [1]
JIII/PM [00] JIV/WM[K3]
JV/CD [LT] JVI/CT [D]
JVII/UC [ED] JVII/IC [00]
JIX/A/PK [F] JX/SM [39]
JVIIIA/OPI [M]
SUPPLEMENTAL INFORMATION:
4 24
PIIN/SIIN
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
(End of narrative D001)
Inspection and Acceptance _________________________
INSPECTION: Origin ACCEPTANCE: Destination
Deliveries or Performance _________________________
DOC SUPPL
REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____
001 W31G3H0168AF01 W90BTD J 2
DEL REL CD QUANTITY DEL DATE __________ ______________ ___________
001 10 09-APR-2021
FOB POINT: Destination
SHIP TO:
(W90BTD) SR HEADQUARTERS US ARMY AVIATION &
AMCOM FLEET MGT CENTER AFMC
HOLBROOK RD BLDG 722
FORT BLISS,TX,79916-5801
CONTRACT/DELIVERY ORDER NUMBER ______________________________
SPRRA2-20-P-0124/0000
5 24
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
INSPECTION AND ACCEPTANCE
This document 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 these addresses:
For FAR clauses: https://www.acquisition.gov/
For DFARS clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
If the clause requires additional or unique information, then that information is provided immediately after the clause title.
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR/1984
2 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE AUG/1996
3 52.246-16 RESPONSIBILITY FOR SUPPLIES APR/1984
6 24
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
DELIVERIES OR PERFORMANCE
This document 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 these addresses:
For FAR clauses: https://www.acquisition.gov/
For DFARS clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
If the clause requires additional or unique information, then that information is provided immediately after the clause title.
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 52.211-17 DELIVERY OF EXCESS QUANTITIES SEP/1989
2 52.242-15 STOP-WORK ORDER AUG/1989
3 52.242-17 GOVERNMENT DELAY OF WORK APR/1984
4 52.247-29 F.O.B. ORIGIN FEB/2006
5 52.247-34 F.O.B. DESTINATION NOV/1991
6 52.247-48 F.O.B. DESTINATION--EVIDENCE OF SHIPMENT FEB/1999
7 52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT--SMALL PACKAGE SHIPMENTS JAN/1991
7 24
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
CONTRACT ADMINISTRATION DATA
PRON/ PRON/
AMS CD/ AMS CD/
LINE MIPR/ OBLG JO NO/ OBLIGATEDLINE MIPR/ OBLG JO NO/ OBLIGATED
ITEM GFEBS ATA STAT ACCT ASSIGN ACRN AMOUNTITEM GFEBS ATA STAT ACCT ASSIGN ACRN AMOUNT_____ _________ _____ ___________ ____ _______________ _________ _____ ___________ ____ __________
0001AA D10H0123D1 2 AA $ 40,350.00
SM2B1100000
TOTAL $ 40,350.00
OBLIGATED OBLIGATED
ACRN ACCOUNTING CLASSIFICATION AMOUNTACRN ACCOUNTING CLASSIFICATION AMOUNT____ _________________________ ______________ _________________________ __________
AA 97 X4930AC9F 6X 26K6 S01021 W31G3H $ 40,350.00 __________________
TOTAL $ 40,350.00
LINELINE
ITEM ACRN EDI/SFIS ACCOUNTING CLASSIFICATIONITEM ACRN EDI/SFIS ACCOUNTING CLASSIFICATION_____ ____ _______________________________________ ____ __________________________________
0001AA AA 97 0X0X4930AC9F S01021 6X0000SM2B110000026K6 S01021 W31G3H
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS DEC/2018
(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.
"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 Acquisition Regulation Supplement (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.sam.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 shall use the following information when submitting 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 time-and-materials, submit a cost voucher.
8 24
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
(ii) For fixed price line items--
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
ORIGIN/ORIGIN
(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 Contracting Officer.
INVOICE/RECEIVING REPORT COMBO
(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 item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some Combinations of invoice and receiving report in one step.]
(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 HQ0338
Issue By DoDAAC SPRRA2
Admin DoDAAC S5111A
Inspect By DoDAAC S5111A
Ship To Code W90BTD
Ship From Code 06ES8
Mark For Code N/A
Service Approver (DoDAAC) N/A
Service Acceptor (DoDAAC) N/A
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 documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 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 clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
June Wilson, (727) 527- 4667, june.r.wilson4.civ@mail.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
9 24
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
SPECIAL CONTRACT REQUIREMENTS
52.246-11 HIGHER---LEVEL CONTRACT QUALITY REQUIREMENT: ANSI/ISO/ASQ 9001:2008. AS 9100 OR EQUIALENT, TAILORING: PRODUCT REALIZATION______________________________________________________________________________________________________________________________________
REQUIREMENTS ONLY (PARAGRAPH 8.1,8.2, 8.4.8.5 .8.6 AND 8.7) and in__________________________________________________________ accordance with the Government approved PATRIOT Production Product Assurance Plan, H417804
(b) The contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts in--
(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or
(2) When the technical requirements of a subcontract require--
(i) Control of such things as design, work operations, in-process control, testing and inspection; or
(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.
52.243-4000 ENG CHG PROPOSAL, VALUE ENG CHG PROPOSAL, REQUEST FOR DEVIATION, REQUEST FOR VARIANCE, ENG RELEASE RECORDS, NOTICE OF______________________________________________________________________________________________________________________________________
REVISION, & SPECIFICATION CHG NOTICE PREPARATION AND SUBMISSION INSTRUCTIONS____________________________________________________________________________
1. Contractor initiated Engineering Change Proposals (ECPs), Value Engineering Change Proposals (VECPs), Request for Deviations (RFDs), and Request for Variance (RFVs), collectively referred to as "proposals", shall be prepared, submitted and distributed in accordance with paragraphs 2, 3 and 4 below except as specified in paragraph 5 below.
2. Format.
a. Class 1 ECPs require the "Long Form Procedure" for documenting the change and describing the effects of the change on the suitability and supportability of the Configuration Item (CI). Class I ECPs should be limited to those that are necessary or offer significant benefit to the Government. Class I ECPs are those that affect the performance, reliability, maintainability, survivability, weight, balance, moment of inertia, interface characteristics, electromagnetic characteristics, or other technical requirements in the specifications and drawings. Class I ECPs also include those changes that affect Government
Furnished Equipment, safety, compatibility, retrofit, operation and maintenance manuals, interchangeability, substitutability, replaceability, source control specifications and drawings, costs, guarantees or warranties, deliveries, or schedules. Class II
ECPs are those that do not affect form, fit and function, cost, or schedule of the system CI and do not meet the other criteria described above for Class I ECPs.
b. Long Form Procedure: Class I changes to the CI require that RDMR Form 523, pages 1 through 7 (as applicable), be prepared.
Use of this procedure assures that all effects of the change on the CI are properly addressed and documented to the necessary detail to allow proper evaluation of the proposed change.
c. Short Form Procedure: ECPs and VECPs , which meet the requirements of Class II ECPs, shall be prepared using RDMR Form 523
(page 1 only). Supplemental pages may be used with the form as necessary. The responsible Contract Management Office (CMO) will enter the appropriate data in Block 5 "Class of ECP", Block 6 "Justification Codes", and Block 7 "Priority."
d. The Contractor shall not manufacture items for acceptance by the Government that incorporate a known departure from requirements, unless the Government has approved an RFD. RFDs shall be prepared using RDMR Form 527 or RDMR Form 530 (Type I, see block 5 of the form.)
e. The Contractor shall not submit items for acceptance by the Government that include a known departure from the requirements, unless the Government has approved a RFV. RFVs shall be prepared using RDMR Form 528.
f. Each ECP, RFD or RFV shall be accompanied by a written and signed evaluation prepared by the responsible Defense Contract
Management Agency (DCMA) technical representative. The DCMA written evaluation shall be considered part of the ECP/RFD/RFV proposal.
g. Classification of RFDs/RFVs.
(1) Major RFDs/RFVs. RFDs/RFVs written against CIs shall be designated as major when the RFD/RFV consists of acceptance of an item having a nonconformance with contract or configuration documentation involving health;
performance; interchangeability; reliability; survivability; maintainability; effective use or operation; weight;
appearance (when a factor); or when there is a departure from a requirement classified as major in the contractual documentation.
(2) Critical RFDs/RFVs. RFDs/RFVs written against CIs shall be designated as critical when the RFD/RFV consists of acceptance of an item having a nonconformance with contract or configuration documentation involving safety or when there is a departure from a requirement classified as critical in the contractual documentation.
(3) Minor RFDs/RFVs. RFDs/RFVs written against CIs shall be designated as minor when the RFD/RFV consists of acceptance of an item having a nonconformance with contract or configuration documentation which does not involve any of the factors listed above in paragraphs g(1) or g(2), or when there is a departure from a requirement classified as minor in the contractual documentation.
h. Proposals shall include sufficient technical data to describe all changes from existing contract requirements.
i. Proposals shall include sufficient justification for making the change, including a statement of contract impact, if the change is not authorized.
j. Proposals for ECPs shall set forth a "not to exceed" price and delivery adjustment acceptable to the Contractor if the
Government subsequently approves the proposal. If approved, the equitable increase shall not exceed this amount.
k. Times allowed for technical decisions for ECP and RFD/RFV proposals will be worked out via mutual agreement between the
Contractor and the Government.
l. The Contractor shall submit, concurrent with the ECP, a separate AMSAM-RD Form 525, "Specification Change Notice" (SCN), for each specification that would require revision if the ECP were approved.
m. Proposals for VECPs shall set forth a "not less than" price and delivery adjustment acceptable to the Contractor if the
10 24
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
Government subsequently approves the proposal. If approved, the savings shall not be less than this amount.
n. The Contractor shall utilize RDMR Form 526, "Engineering Release Record" (ERR) to release new or revised configuration documentation to the Government for approval.
o. The Contractor shall utilize RDMR Form 524, "Notice of Revision" (NOR) to describe the exact change(s) to configuration documentation specified as a data requirement in the contract. The Contractor shall describe the change using sub- sections entitled "WAS" to describe the current contractual technical requirement and "IS" to describe the proposed new requirement.
3. Submittal. The Contractor shall submit two (2) copies of each proposal to the responsible Administrative Contracting Officer (ACO).
One (1) copy of each proposal shall be returned to the Contractor within (5) working days after receipt by the ACO, stating whether or not the proposal is in compliance with this provision. Any unresolved differences between the ACO and the Contractor concerning ECPs, VECPs, RFVs or RFDs will be submitted to the PCO for resolution. Submittals may be made by electronic means by scanning the appropriate completed forms into a computer or preparing the forms electronically.
4. Distribution.
a. Electronic Distribution. The preferred method of distribution is through the Internet E-mail System to the PCO. Microsoft
Word is required for use with the transmittal letter (E-mail). Required forms will be attached to the E-mail. All forms may be obtained from the Army Contracting Command - Redstone Website https://www.amrdec.army.mil/amrdec/rdmr-se/tdmd/ConfigMgt.htm by clicking on "Forms/Checksheets." The forms are in both "Adobe Acrobat" and "Form Flow" formats. In order to access and use the forms, the user must have the "Adobe Acrobat" or "Form Flow" software installed on their computer. Drawings may be scanned into the computer and sent as an attachment. In some cases, because of size, drawings may have to be sent as hard copies or sent under special electronic instructions provided by the PCO. Contractors who do not have access to the Army Contracting Command -
Redstone website will need to contact the PCO, the appropriate Project Office Configuration Management Office, or the Technical
Data Management Division (RDMR-SET) to have the forms sent to their facility.
b. Hard Copy Distribution of Class I or II ECPs and RFD/RFVs, For each Class I or II ECP, or each RFD/RFV that the ACO determines to be in compliance with this provision, the Contractor shall submit the original plus five copies to the PCO and one copy to the ACO. Upon receipt of any type of change proposal that is submitted to the PCO, the ACO shall immediately submit
DCMA's written evaluation pertaining to the proposed engineering change action to the PCO. Assistance in preparing any of these proposals may be obtained from the ACO or AMCOM Change Control Point at:
Aviation and Missile Research, Development, and Engineering Center
ATTN: RDMR-SET
Redstone Arsenal, Al 35898-5000
Telephone: 256-876-1335
c. Hard Copy Distribution of VECPs. For each VECP that the ACO determines to be in compliance with this provision, the
Contractor shall submit the original plus five copies to the PCO and one copy to the ACO. Upon receipt of any VECP that is submitted to the PCO, the ACO shall immediately submit DCMA's written evaluation to the PCO. The Contractor shall also submit one copy of the VECP to the Value Engineering Program Manager (VEPM) whose address is below. Assistance in preparing VECPs may be obtained from the VEPM.
Aviation and Missile Research, Development, and Engineering Center
ATTN: RDMR-SEI
Redstone Arsenal, Al 35898-5000
Telephone: 256-876-8163
5. Alternate Format, Submittal or Distribution Process. Proposals may be prepared in a different format, submitted using a different submittal process or distributed in a different manner than specified in paragraphs 2, 3 and 4 above, so long as the alternate approach is in accordance with a Government approved configuration management plan governed by this contract or the PCOauthorizes the alternate format, submittal, or distribution process.
6. Government Acceptance. Acceptance of a proposal by the Government shall be affected by the issuance of a change order or execution of a supplemental agreement incorporating the proposal into the contract unless the PCO authorizes another method of acceptance. The
Government will notify the Contractor in writing if a proposal is determined to be unacceptable.
52.209-4716 ELECTRONIC FABRICATION: REQUIREMENTS FOR ELECTRICAL AND ELECTRONIC ASSEMBLIES____________________________________________________________________________________________
1. Notwithstanding any other provision contained in any part of this contract to the contrary, the minimum requirements/standards for soldering electrical and electronic assemblies shall be the non-military joint industry standard, ANSI/J-STD-001, Class 3. The revision of ANSI/J-STD-001 in effect on the effective date of the contract shall govern the hardware produced hereunder. A copy of ANSI/J-STD-001 may be obtained from the Institute for Interconnecting and Packaging Electronic Circuits (IPC), 2215 Sanders Road, Northbrook, IL, 60062-
6135, telephone number (847) 509-9700, fax number (847) 509-9798.
2. The contractor shall establish and maintain an electronic/electrical parts control program and shall maintain and make available to the Government records and data which will provide visibility and traceability of all parts used in the production of the equipment under this contract. This selection of parts shall not be construed to relieve the contractor of meeting specified performance of the end item in which the part is used.
3. The Technical Data Package (TDP) shall serve as the baseline Program Parts Selection List (PPSL) and the parts and sources listed therein are the standard parts and sources. A Non Standard Part is defined as a part or source other than that cited in the PPSL. When the contractor desires to use a part or source other than those cited in the PPSL, the change must be approved by the Government via a
Request for Deviation (RFD) as defined elsewhere in this contract. Failure on the part of the contractor to submit such RFDs may result in the replacement of the nonstandard part with the standard part by the Government at the contractors expense for all affected items.
4. The contractor shall provide objective evidence such as form, fit, function, and interchangeability data that shows the proposed part complies with the requirements of applicable parts documentation. The RFD shall detail the technical justification for the use of the
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part and advantages of the nonstandard part, if any. Compare the nonstandard part to the standard part whose characteristics are nearest to those required for the application. Include, when applicable:
a. Part Number and Source
b. Size and weight data.
c. Electrical and mechanical characteristics
d. Reliability (with data if requested)
e. Availability of the standard part (delivery schedules, still available etc.)
f. Supplemental data such as existing control drawings, specifications, vendor data sheets, and other pertinent data. Data need not be furnished for nonstandard parts covered by documents listed in the Department of Defense Index of Specifications and
Standards (DoDISS) or Standardized Military Drawings (SMD).
5. The Contractor shall maintain a Lead Free Control Plan (LFCP) and make available to the Government upon request. The requirement for a Lead Free Control Plan shall be flowed down to suppliers of equipment that may include lead-free materials. The LFCP shall follow the guidelines set forth in GEIA-STD-0005-1, "Performance Standard for Aerospace and High Performance Electronic Systems Containing Lead-
Free Solder" or its equivalent. In addition, the LFCP shall also include tin whisker mitigation plans in accordance with GEIA-STD-0005-
2, "Standard for Mitigating the Effects of Tin Whiskers in Aerospace and High Performance Electronic Systems" or its equivalent, at control level 2C or equivalent. The Contractor should include in the LFCP any special design considerations, manufacturing process controls, test and qualification requirements, quality inspection and screening, marking and identification, maintenance and repair processes, and other steps taken to mitigate risk.
6. The Contractor shall prepare, or update existing, Counterfeit Risk Management Plan and make available to the Government upon request.
The Plan shall meet the requirements of SAE AS5553 for electronic items. The Contractor shall procure parts from original manufacturers or the original manufacturers franchised distributors. Contractors shall report counterfeits and suspected counterfeits to the
Government and in the Government Industry Data Exchange Program (GIDEP), in accordance with the GIDEP Operations Manual, SO300-BT-PRO-
010.
52.211-4008 REVISIONS TO DRAWINGS/PART NUMBERS_______________________________________________
(a) Sources in receipt of this solicitation are requested, at no cost to the Government, to immediately notify the Contracting Officer if they are aware of any change(s)/revision(s) to the drawing(s) or part number(s) in this solicitation which have been approved by the
Government for implementation. Notification of part number changes shall be supported by data which indicates the type of change, approving authority as required by ANSI EIA 649 MIL-STD-973 and date and method of submittal of provisioning documentation and drawings.
If complete data package has not been previously provided, the contractor shall, at no direct cost to the Government, immediately submit applicable drawings, along with a copy of the approval change authority, to the Contracting Officer, at the office symbol and mailing address listed in the "ISSUED BY" block on page one (1) of this document. The minimum acceptable data includes the next higher assembly and the item of Supply Detail Drawings which will allow provisioning, National Stock Number assignment and updating of AMCOM's data records.
(b) The contractor hereby verifies previous contractual submission of technical data:
Contract No.: _____________________________________________________
Contractor: _______________________________________________________
Explanation of Data Rights: __________________________________________
(c) The Government is not by this request soliciting, nor is the Government liable for cost incurred by the offeror in preparing or developing modifications, deviations, waivers, or other changes to drawings or part number(s). Furthermore, this request does not authorize changes to the drawing(s) or part number(s) for this acquisition, another contract, or for any other purpose. Offerors performing any contract awarded as a result of this solicitation must comply with the drawing(s) and specifications as set forth herein, unless this solicitation is amended or any resulting contract is modified by the Contracting Officer.
(d) All proposed part number changes shall be submitted pursuant to the requirements of the clause entitled, "Engineering Change
Proposal (ECP), Value Engineering Change Proposal (VECP), Request for Deviation (RFD), and Request for Waiver (RFW) (USAAMCOM).
52.247-4700 BAR CODE MARKINGS_______________________________
Bar Code Markings are required in accordance with the latest revision of MIL-STD-129 and ISO/IEC 16388 - Information Technology -
Automatic Identification and Data Capture Techniques - Bar Code Symbology Specification - Code 39.
52.208-4700 WOOD PACKING MATERIALS REQUIREMENTS________________________________________________
A. Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame and cleats. The definition excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD).
B. All Wood Packaging Material (WPM)) acquired by DOD must meet requirements of International Standards for Phytosanitary Measures
(ISPM) 15, "Guidelines for Regulating Wood Packaging Materials International Trade." DOD shipments inside and outside of the United
States must meet ISPM 15 whenever WPM is used to ship DOD cargo.
(1) All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) in accordance with American Lumber Standard Committee, incorporated (ALSC) Wood Packaging Material Program and WPM Enforcement
Regulations (see http://www.alsc.org/ ).
(2) All WPM shall include certification/quality markings in accordance with the ALSC standard. Marking shall be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on
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diagonally opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved DUNNAGE stamp.
C. Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment at entry. The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government.
D. Replacement Preservative for Pentachlorophenol
If packaging requirements of this contract specify the use of wood products and a preservative is required, Pentachlorophenol, commonly referred to as "Penta" or "PCP" is prohibited. Replacement preservatives are 2 percent copper naphthenate, 3 percent zinc naphthenate or
1.8 percent copper 8 quinolinolate.
(1) Heat Treatment: Boxes/pallets and any wood used as inner packaging made of non-manufactured wood shall be heat-treated. All non-manufactured wood used in packaging shall be heat treated to a core temperature of 56 degrees Celsius for a minimum of 30 minutes. The box/pallet manufacturer and the manufacturer of wood used as inner packaging shall be affiliated with an inspection agency accredited by the board of review of the American Lumber Standard Committee. The box/pallet manufacturer and the manufacturer of wood used as inner packaging shall ensure traceability to the original source of heat treatment.
(2) Marking: Each box/pallet shall be marked to show the conformance to the International Plant Protection Convention
Standard. The quality mark shall be placed on both ends of the outter packaging, between the end cleats or end battens: on two sides of the pallet. Foreign manufacturers shall have the heat treatment of non-manufactured wood proces verified in accordance with their National Plant Protection Organization's compliance program. In addition, wood used as dunnage for blocking and bracing shall be ordered with ALSC certified marking for dunnage or the markings may be applied locally at two foot intervals.
52.247-4001 POINT OF PRESERVATION, PACKAGING, PACKING AND MARKING OF SUPPLIES________________________________________________________________________________
Preservation, packaging, packing and marking of supplies will be performed at the following location: (If other than the location set forth in block 9, page 1 of this purchase order):
TBD
*** END OF NARRATIVE H0001 ***
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CONTRACT CLAUSES
This document 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 these addresses:
For FAR clauses: https://www.acquisition.gov/
For DFARS clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
If the clause requires additional or unique information, then that information is provided immediately after the clause title.
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS JAN/2017
OR STATEMENTS
2 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS JUN/2020
3 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT/2018
4 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL/2016
5 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES JUL/2018
DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES
6 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH JUN/2020
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
7 52.211-5 MATERIAL REQUIREMENTS AUG/2000
8 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS APR/2008
9 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS OCT/2010
10 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) JUL/2005
OTHER THAN PENSIONS
11 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES JUN/2020
12 52.216-26 PAYMENTS OF ALLOWABLE COSTS BEFORE DEFINITIZATION DEC/2002
13 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN JAN/1999
14 52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES JAN/2020
15 52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT JUN/2020
16 52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR/2015
17 52.222-26 EQUAL OPPORTUNITY SEP/2016
18 52.222-50 COMBATING TRAFFICKING IN PERSONS JAN/2019
19 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING JUN/2020
20 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUN/2008
21 52.232-1 PAYMENTS APR/1984
22 52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB/2002
23 52.232-11 EXTRAS APR/1984
24 52.232-18 AVAILABILITY OF FUNDS APR/1984
25 52.232-23 ASSIGNMENT OF CLAIMS MAY/2014
26 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) -- ALTERNATE I (APR 1984) APR/1984
27 52.232-25 PROMPT PAYMENT JAN/2017
28 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT OCT/2018
29 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN/2013
30 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC/2013
31 52.233-1 DISPUTES MAY/2014
32 52.233-3 PROTEST AFTER AWARD AUG/1996
33 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT/2004
34 52.243-1 CHANGES--FIXED PRICE AUG/1987
35 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT APR/1984
FORM)
36 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) APR/1984
37 52.253-1 COMPUTER GENERATED FORMS JAN/1991
38 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS SEP/2011
39 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS SEP/2013
40 252.204-7000 DISCLOSURE OF INFORMATION OCT/2016
41 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR/1992
42 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING DEC/2019
43 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT MAY/2016
44 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS DEC/2019
EQUIPMENT OR SERVICES
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Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
45 252.219-7004 SMALL BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM) MAY/2019
46 252.225-7009 RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY DEC/2019
METALS
47 252.225-7048 EXPORT-CONTROLLED ITEMS JUN/2013
48 252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS FEB/2014
49 252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER FEB/2014
SOFTWARE DOCUMENTATION
50 252.227-7015 TECHNICAL DATA--COMMERCIAL ITEMS FEB/2014
51 252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION JAN/2011
52 252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE SEP/2016
53 252.227-7025 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED MAY/2013
INFORMATION MARKED WITH RESTRICTIVE LEGENDS
54 252.227-7027 DEFERRED ORDERING OF TECHNICAL DATA OR COMPUTER SOFTWARE APR/1988
55 252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT MAR/2000
56 252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA SEP/2016
57 252.231-7000 SUPPLEMENTAL COST PRINCIPLES DEC/1991
58 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS DEC/2018
59 252.232-7010 LEVIES ON CONTRACT PAYMENTS DEC/2006
60 252.232-7017 ACCELERATING PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS--PROHIBITION APR/2020
ON FEES AND CONSIDERATION
61 252.243-7001 PRICING OF CONTRACT MODIFICATIONS DEC/1991
62 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS JUN/2013
63 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC FEB/2019
64 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS DEC/2014
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
65 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO AUG/2020
SURVEILLANCE SERVICES OR EQUIPMENT
(a) Definitions. As used in this clause--
"Backhaul" means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network
(e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
"Covered foreign country" means The Peoples Republic of China.
"Covered telecommunications equipment or services" means--
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
"Critical technology" means--
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms
Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
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(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part
73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C.
4817).
"Interconnection arrangements" means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
"Reasonable inquiry" means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
"Roaming" means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-
232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing--
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services…
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