Solicitation - FA813423RB002 Amd 01_18 Dec.pdf
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Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
1. CONTRACT ID CODE
2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)
7. ADMINISTERED BY (If other than Item 6) CODE
STANDARD FORM 30 (REV. 11/2016)
Prescribed by GSA FAR (48 CFR) 53.243
FACILITY CODE
9A. AMENDMENT OF SOLICITATION NUMBER
9B. DATED (SEE ITEM 11)
10A. MODIFICATION OF CONTRACT/ORDER NUMBER
10B. DATED (SEE ITEM 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER
NUMBER IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15C. DATE SIGNED
15A. NAME AND TITLE OF SIGNER (Type or print)
16C. DATE SIGNED
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
PAGE OF PAGES
6. ISSUED BY CODE
8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)
CODE
15B. CONTRACTOR/OFFEROR
(Signature of person authorized to sign)
16B. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
Previous edition unusable
FA8134-23-R-B002-0001
FA8134
The purpose of this amendment is to update the following documents:
6. Appendix G Pricing Matrix
7. Appendix J Addendum 52.212-1
8. Appendix K Addendum 52.212-2
9. SF1449 - Solicitation
10. Bidder's Library
1. Attachment 9 Base Support Agreements
2. Attachment 11 Vendor Subscriptions
3. Attachment 12 USCG Airport Agreement
4. Appendix A PWS
5. DRAFT Appendix E DD254 **See document entitled Revision Summary 1 for details.**
DEPARTMENT OF THE AIR FORCE, AFLCMC/WVK
3001 STAFF DR
TINKER AFB OK 73145-3303
BUYER: Tracie Holman/AFLCMC/WVK tracie.holman@us.af.mil
FA813423RB002
12/18/2023
11/15/2023
FA813423RB002
Solicitation/Contract Form
C20/C37 CLS
Proposal Identifier: FA813423RB002 Date: 15 Nov 2023
0101 RESERVED
Option Line Item
RESERVED
Option Line Item
2101 RESERVED
Option Line Item
RESERVED
Option Line Item
RESERVED
Option Line Item
RESERVED
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.229-7002 Customs Exemptions (Germany). Jun 1997
Option Line Item
RESERVED
Description/Specifications/Statement of Work
Requirements Contractor Logistics Support
Packaging and Marking
Inspection and Acceptance FAR Clauses Incorporated by Reference
Variation Effective Date
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. Apr 2012
FAR Clauses Incorporated by Full Text
52.246-11 Higher-Level Contract Quality Requirement. (Dec 2014)
As prescribed in 46.311 , insert the following clause:
HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)
(a) The Contractor shall comply with the higher-level quality standard(s) listed below.
International Organization for Standardization (ISO) 9001: 2015/Aerospace Standard (AS) 9100[Contracting Officer insert the title, number (if any), date, and tailoring (if any) of the higher-level quality standards.]
(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.
(End of clause)
Number Title Effective Date
Alternate/ Deviation
52.246-2 Inspection of Supplies-Fixed-Price. Aug 1996 52.246-16 Responsibility for Supplies. Apr 1984
Deliveries or Performance
From 01 Nov 2024 to 31 Jan 2027
Contractor Destination
Line Item
Delivery Schedule Estimated Quantity
Address and POC
Period of Performance From 01 Feb 2025 To 31 Jan 2026
12 Months
Option Line Item
Period of Performance From 01 Feb 2026 To 31 Jan 2027
Period of Performance From 01 Feb 2027
Period of Performance From 01 Feb 2028 To 31 Jan 2029
Period of Performance From 01 Feb 2029 To 31 Jan 2030
Period of Performance From 01 Feb 2030
Period of Performance From 01 Feb 2031 To 31 Jan 2032
FAR Clauses Incorporated by Reference
Number Title
Effective Date
Alternate/ Deviation
Variation
Date
52.247-55 F.o.b. Point for Delivery of Government-Furnished Property. Jun 2003
DFARS Clauses Incorporated by Reference
Number Title
Alternate/ Deviation
Variation Effective
252.247-7023 Transportation of Supplies by Sea. Jan 2023
Contract Administration Data
Number Title Effective
Alternate/ Deviation
252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7002 Payment for Contract Line or Subline Items Not Separately Priced. Apr 2020
252.231-7000 Supplemental Cost Principles Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(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.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
Combo
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(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.
See Schedule
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(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 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
FA8134
Admin DoDAAC
S4513A
Inspect By DoDAAC
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(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.
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Special Contract Requirements
RIGHTS OF THE GOVERNMENT TO PERFORM FUNCTIONS WITH ITS OWN PERSONNEL
(a) The Government reserves the right to perform or supplement performance of contract functions with Government personnel during periods of disaster, war emergencies, police actions, or acts of God and in the event of a labor strike by the contractor's employees which impairs the Contractor's ability to satisfactorily perform the contract.
(b) In such events, the services shall be performed exclusively by Government employees and shall not include non-striking contractor employees.
Under such circumstances, and at the direction of the Contracting Officer, the Contractor agrees to remove its employees from the performance site and not to interfere in any way with Government performance. The Contractor further agrees under such circumstances to permit the Government to use any essential contractor-furnished property. The Government shall equitably compensate the Contractor for use of such property.
(c) The Contractor shall not be entitled to payment for any performance period or part thereof during which the Government assumes performance.
This clause does not limit the Government's rights under any other clause of this contract including but not limited to FAR52.212-4, "Inspection /Acceptance," "Termination for Government's Convenience," and "Termination for Cause."
(d) The performance described in (a) above, will not constitute a breach of contract by the Government within the meaning of FAR 52.212-4(m), Contract Terms and Conditions- Commercial Items.
BASE SUPPORT
Base support, as outlined in attached individual Base Support Agreements, will be provided to the Contractor in accordance with this provision.
Support provided to the Contractor may differ from base to base.
(a) Base support includes Government controlled workspace, material, equipment, services, or other support made available to the Contractor at or through the Government installation where this contract is performed. Unless otherwise stipulated in the contract schedule, support will be provided on a no-charge-for-use basis and the value will be part of the Government's contract consideration.
(b) All Government property provided to and in possession of the Contractor per terms of this provision shall be managed in accordance with the Government Property clauses incorporated herein.
(c) The Contractor agrees to immediately report to the Contracting Officer any inadequacies, defective Government-Furnished Property (GFP), or non-availability of support stipulated by the contract schedule, together with a recommended plan for obtaining the required support. Within 10 workdays, the Government agrees to determine the validity and extent of the involved requirement and the method by which it shall be satisfied (e.g., purchase, rental, lease, GFP, etc.). Facilities shall not be purchased under this provision. Additionally, the Contractor shall not purchase or otherwise furnish any base support requirement specified in the Base Support Agreement, without prior written Contracting Officer approval of the price, terms, and conditions of the proposed purchase, or approval of other arrangements.
CHANGES IN AIRCRAFT FLEET, QUANTITY, LOCATION, OR WORK
Changes to aircraft location, quantity, and type as well as performance work statement (PWS) requirement changes will be incorporated throughout contract performance as necessary. The Contractor shall perform such changes in accordance with existing contract line items and terms unless the change is determined to impact contract pricing. The Contractor and Government Contracting Officer agree to negotiate the appropriate increase or decrease in contract price and incorporate via supplemental agreement.
OVER AND ABOVE PROCEDURES
Prior to performance pertaining to O&A work on CLINS X810, X811, X812, and X900 through X915, written authorization to proceed must be received from the Administrative Contracting Officer (ACO) or Procuring Contracting Officer (PCO) in response to a contractor issue work request.
The Contractor shall prepare work request proposals with breakouts of all direct and indirect costs for the necessary over and above work CLIN in the format and details described by the ACO and submit them to the designated Government Contracting Officer's Representative (COR). As a minimum, proposals must be identified to the contract, be serially numbered, and specify impact to the delivery schedule. When applicable to aircraft, they shall be consecutively numbered on separate series for each aircraft (if applicable). Upon request of the ACO, the Contractor shall also prepare consolidated work request proposals covering previously approved over and above items. Negotiations for O&A work, to include all required labor, material, and subcontractor effort, will be completed prior to commencement of work whenever practicable, but in no case later than the time of completion of 40% of the work. If an O&A CLIN specifies a pre-definitized fixed price for an item or work scope, that price will be the O&A price.
(a) Fixed Hourly Rate Items: The price negotiated by the ACO shall be based on "hands on" labor hours multiplied by the contract fixed hourly rate.
The number of "hands on" labor hours required shall be negotiated between the contractor and the ACO. "Hands on" labor hours to be used in negotiated fixed hourly rate items are restricted to those defined below. The fixed hourly rate includes charges for: "hands on" labor cost; any labor cost not included in the definition of "hands on" labor for which the Contractor accounts as direct labor; burdens; general and administrative expenses;
and other allowable costs and profit. The fixed hourly rate does not include direct parts and materials. For the purposes of negotiating prices for the fixed hourly rate items, the "hands on" labor hours to which the fixed hourly rate is applied, are limited to only that labor performed by personnel engaged in the direct performance of work required. "Hands on" labor shall not include any labor performed by support of supervisory type personnel, such as, but not limited to timekeepers, payroll clerks, purchasing, material handling, quality control, storing and issuing personnel. Quality control personnel are considered as those personnel who apply standards to finished work/products to determine that finished production work is serviceable in all respects.
(b) Fixed Material Handling Rate Items: The price negotiated by the ACO shall be based on material proposed multiplied by the contract fixed material handling rate. The material required shall be negotiated between the Contractor and the ACO. "Materials" are those parts or materials purchased, supplied, manufactured, or fabricated by the Contractor for the sole purpose of incorporating them into or making them a part of the end products or components thereof covered by this contract. The Material Handling Rate includes charges for: burdens; general and administrative expenses; and other allowable costs and profit. For pricing of material, the Contractor shall provide support (Purchase Order, Quote, etc.) for the quantity needed. The Contractor shall provide the basis for the material purchase based on the following order of precedence:
1. An open purchase order with deliveries in the year of use.
2. An open purchase order with deliveries in a previous year.
3. A closed purchase order.
4. A quote for the specific material/part.
If the price is based on a closed purchase order or expired quote that is not reflective of the anticipated need for the FY, the Contractor will provide price justification, or the price may be adjusted to reflect the anticipated need for the FY prior to application of the markup. The specified CLINs in Section B of the contract that use the material handling rate for O&A tasks shall be multiplied by the material handling rate currently on contract. The anticipated or negotiated hours, when multiplied by the fixed hourly rate plus any material costs multiplied by the material handling rate, constitute the firm fixed price for the over and above work. At any time during contract performance, when sufficient data becomes available on a repetitive task being performed in the fixed hourly rate category, either the Contractor or PCO may request a negotiation to establish a firm-fixed price (fixed price per event item) for that item for the remaining life of the contract. The ACO shall advise the PCO of all such agreements in order that changes can be incorporated in periodic contract modification(s). The Contractor shall notify the Government (PCO and ACO) in writing whenever he/she believes that the cost he/she expects to incur within the succeeding thirty (30) days will exceed 75% of the obligated amount for each CLIN. The Contractor shall also notify the Government (PCO and ACO) in writing at any other time he/she expects the costs will be substantially greater or less than the obligated amount. The Contractor shall not expend effort or costs greater than 100% of the obligated amount on each line item for each contract action. The Government reserves the right to increase or decrease the funds allocated on each CLIN on a unilateral basis by modification to the contract. In no event shall the Contracting Officer decrease the funds below the amount incurred by the Contractor at the time of the notice of decrease. To the extent the schedule sets forth an amount to cover the estimated cost for a specified item, the Government shall not be obligated to pay the Contractor any amount in excess of the amount set forth in the schedule.
CONTINUATION OF SERVICES CLINs
The Government reserves the right to exercise or not exercise individual CLINs throughout the contract term at the sole discretion of the PCO.
NEGOTIATION OF CONSIDERATION FOR LATE DELIVERIES
For all late deliveries where the prime or subcontractors are at fault for the late delivery, the Prime Contractor and PCO or ACO shall enter into negotiations for consideration before an extension to the delivery date is granted by the Government. The Contracting Officer shall obtain and document adequate consideration for Period of Performance (PoP) extensions due to late deliveries. Consideration may take the form of a contract price adjustment or other means commensurate with the required extension such as expedited delivery for other items; product quality improvements;
performance improvements; additional products and services, where legally permissible; improved reliability, maintainability, supportability, producibility or warranty.
FUNDING FOR FLYING HOURS and ENGINE MAINTENANCE
(a) For Flying Hours CLINs, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of this CLIN for the convenience of the Government, equals to the amount obligated. Beyond that point the Contractor is not obligated to perform any work. The Contractor shall promptly notify the Contracting Officer a minimum of 30 days prior to reaching the above limit. Under no circumstances will the Contractor be reimbursed for any work for which payment would exceed the amount obligated.
(b) The Government reserves the right to increase or decrease the funds allotted herein for Flying Hours CLINs on a unilateral basis by contract modification. Under no circumstances will the Contracting Officer decrease the funds below the amount incurred by the Contractor at the time of the notice of decrease.
DELAY OF AIRCRAFT INPUT
If, for any reason, the output of aircraft from maintenance/modification is delayed beyond the scheduled period for delivery, the Government reserves the right to delay scheduled input of subsequent aircraft at no change in cost or performance under the contract. This does not preclude the Government from seeking additional consideration for delinquent deliveries or taking other appropriate action in accordance with PWS requirements or contract clauses. In such case, the Contracting Officer shall issue a contract modification changing scheduled input and output months but preserving the original contract flow days for the specific aircraft model/type.
PAYMENTS FOR TRAVEL AND PER DIEM
(a) The following travel and per diem requirement is only applicable to individual travel requirements identified by the Government. This includes, but is not limited to, travel to support Aircraft on Ground events, deployments, and unique over and above situations. Any payment for travel and per diem cost in support of the C-20/C-37 Contractor Logistics Support mission requirement for which a contractor is entitled to be paid, shall be made upon the submission of properly certified invoices, supported by such other evidence as required by the Administrative Contracting Officer (ACO), covering expenditures for which payment is sought. The Contractor shall maintain costs within the per diem rates, and the definitions of and guidance for allowable lodging, meals, and incidental expenses as detailed in FAR 31.205-46 wherever possible.
(b) After a finding by the PCO/ACO of reasonableness as guided by FAR 31-205-46, travel expenses shall be reimbursed at actual cost (any overheads, subcontractor costs/add-ons, bulks, fees, or profit shall not be paid on travel costs). Any additional costs added to travel shall be approved in advance by the PCO/ACO.
COMMERCIAL WARRANTY
"Subcontractor/vendor" means primary vendor responsible for providing the item, service, or equipment.
"Prime contractor" means the CLS contractor.
(a) Warranty - General. The prime contractor warrants that the work shall conform to the pertinent specification prescribed by the applicable aircraft /component manufacturer, and that manufactured components supplied hereunder shall be free from defects in material and workmanship.
Additionally, prime contractor warrants all materials and services against defect, both latent and patent, which become apparent within twenty-four
(24) months after completion of work hereunder; provided, however, that any work performed as warranty work shall have a warranty period on such work equal to the unexpired warranty period on the initially repaired item.
(b) This warranty is in addition to the warranty requirements detailed in FAR 52.212-4, incorporated as part of this contract.
(c) Flow down. The Contractor shall include this clause in all subcontracts or similar contractual instruments and require its subcontractors or suppliers to do so without alteration, except to identify the parties.
INDEMNIFICATION OF GOVERNMENT ASSETS
By written acceptance of this clause by the contractor and execution of this contract by the United States Government, the contractor hereby agrees to indemnify and hold harmless the US Government against any and all losses, claims, liabilities, and expenses, for aircraft costs and aircraft component costs logistically supported under this contract, which are in the possession, care, custody , or control of the contractor and/or its subcontractors to the extent such damage or loss is caused by the contractor's/subcontractors' acts or omissions while on the contractor's premises, vendor/subcontractor premises or the Main Operating Bases (MOBs) identified in the contract schedule under places of performance. Additionally, the contractor and/or its subcontractors are required to comply with the existing base safety procedures of the MOBs. Reimbursement of any damage to or loss of an aircraft will not exceed the replacement cost of that particular aircraft, including all modifications and improvements. Third party claims are excluded from this provision. Acts of God are expressly excluded unless provisions to cover these occurrences are covered by the Contractor's insurance policies.
ACCEPTANCE/ INSPECTION
"Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.
"Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
(a) The Contractor shall provide and maintain an inspection system to maintain FAA FAR Part 145 requirements covering the services or supplies under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract.
(b) The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(c) The Contractor shall grant access to contractor facilities to support inspection and acceptance of supplies and services as determined necessary by the Government. If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. In addition, the Contractor will provide access to facilities/information to support approval, negotiation, and acceptance of over and above tasks.
(d) The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. If repair/ replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights -
(i.) Within a reasonable time after the defect was discovered or should have been discovered; and (ii.) Before any substantial change occurs in the condition of the item unless the change is due to the defect in the item.
SUBCONTRACTOR NOTIFICATION AND APPROVAL
The Contractor shall notify and obtain approval from the Contracting Officer in advance of placing any subcontracts for depot level maintenance, base operations, aircraft recovery teams or any subcontract requiring the disclosure of classified COMSEC information. In accordance with DoD Directive 5220.22-M, "National Industrial Security Program Operating Manual (NISPOM)", paragraph 9-407, "Subcontracting requiring the disclosure of classified COMSEC information shall be awarded only upon the written approval of the Government Contracting Activity (GCA)." The following information shall be included in the notification. A description of the supplies or services to be subcontracted. Identification of the proposed subcontractor. The subcontractor's DD Form 2345. The subcontractor's Facility Clearance Prepared DD 254.
252.211-7003 Item Unique Identification and Valuation. (Jan 2023)
As prescribed in 211.274-6(a)(1), use the following clause:
ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)
"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.
"Concatenated unique item identifier" means-
(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or
(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.
"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.
"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.
"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.
"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.
" Enterprise " means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.
" Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.
"Government's unit acquisition cost" means-
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and
(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.
"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.
"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.
"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.
" Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.
"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.
"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.
"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.
"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.
http://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html http://www.aimglobal.org/?Reg_Authority15459
"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.
"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.
"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.
"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.
"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.
"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.
(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.
(c) Unique item identifier.
(1) The Contractor shall provide a unique item identifier for the following:
(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:
Contract Line, Subline, or
Exhibit Line Item Number Item Description
(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:
Contract Line, Subline, or
Exhibit Line Item Number Item Description
(If items are identified in the Schedule, insert "See Schedule in this table.)
(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number .
(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number .
(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.
(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.
(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology - International symbology specification - Data matrix; ECC200 data matrix specification.
(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that-http://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html
(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:
(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC
International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH
10.8.2 Data Identifier and Application Identifier Standard.
(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC
International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH
10.8.2 Data Identifier and Application Identifier Standard.
(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air
Transport Association Common Support Data Dictionary; and
(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology - Transfer Syntax for High Capacity Automatic Data Capture Media.
(5) Unique item identifier.
(i) The Contractor shall-
(A) Determine whether to-
(1) Serialize within the enterprise identifier;
(2) Serialize within the part, lot, or batch number; or
(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and
(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;
(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and
(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.
(ii) The issuing agency code-
(A) Shall not be placed on the item; and
(B) Shall be derived from the data qualifier for the enterprise identifier.
(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:
(1) Unique item identifier.
(2) Unique item identifier type.
(3) Issuing agency code (if concatenated unique item identifier is used).
(4) Enterprise identifier (if concatenated unique item identifier is used).
(5) Original part number (if there is serialization within the original part number).
(6) Lot or batch number (if there is serialization within the lot or batch number).
(7) Current part number (optional and only if not the same as the original part number).
(8) Current part number effective date (optional and only if current part number is used).
(9) Serial number (if concatenated unique item identifier is used).
(10) Government's unit acquisition cost.
(11) Unit of measure.
(12) Type designation of the item as specified in the contract schedule, if any.
(13) Whether the item is an item of Special Tooling or Special Test Equipment.
(14) Whether the item is covered by a warranty.
(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:
(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.
(2) Unique item identifier of the embedded subassembly, component, or part.
(3) Unique item identifier type.**
(4) Issuing agency code (if concatenated unique item identifier is used).**
(5) Enterprise identifier (if concatenated unique item identifier is used).**
(6) Original part number (if there is serialization within the original part number).**
(7) Lot or batch number (if there is serialization within the lot or batch number).**
(8) Current part number (optional and only if not the same as the original part number).**
(9) Current part number effective date (optional and only if current part number is used).**
(10) Serial number (if concatenated unique item identifier is used).**
(11) Description.
** Once per item.
(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:
(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.
(2) Embedded items shall be reported by one of the following methods-
(i) Use of the embedded items capability in WAWF;
(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site
/uidregistry/; or
(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) , Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.
(g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial products or commercial services.
http://dodprocurementtoolbox.com/site/uidregistry/ http://dodprocurementtoolbox.com/site
Contract Clauses FAR Clauses Incorporated by Reference
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
Nov 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. Nov 2021
52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023
52.211-15 Defense Priority and Allocation Requirements. Apr 2008
52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Dec 2022 52.219-9 Small Business Subcontracting Plan. Oct 2022
52.219-9 Small Business Subcontracting Plan. (Alternate II) Oct 2022 Alternate II Nov 2016 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011
52.227-1 Authorization and Consent. Jun 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. Jun 2020 52.228-5 Insurance-Work on a Government Installation. Jan 1997
52.232-18 Availability of Funds. Apr 1984
52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013
52.233-3 Protest after Award. Aug 1996
52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.242-13 Bankruptcy. Jul 1995
52.245-1 Government Property. Sep 2021
52.245-9 Use and Charges. Apr 2012
52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012
52.249-8 Default (Fixed-Price Supply and Service). Apr 1984
Date Alternate/ Deviation
Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022
252.204-7000 Disclosure of Information. Oct 2016 252.204-7003 Control of Government Personnel Work Product. Apr 1992
252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Jan 2023
Cyber Incident Information.
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Jan 2023 Equipment or Services.
NIST SP 800-171 DoD Assessment Requirements. 252.204-7020 Jan 2023
252.204-7023 Reporting Requirements for Contracted Services. (Alternate I) Jul 2021 Alternate I Jul 2021 252.205-7000 Provision of Information to Cooperative Agreement Holders. Jun 2023
252.211-7007 Reporting of Government-Furnished Property. Mar 2022
252.211-7008 Use of Government-Assigned Serial Numbers. Sep 2010
252.217-7028 Over and Above Work. Dec 1991
252.219-7003 Small Business Subcontracting Plan (DoD Contracts). Dec 2019
252.223-7006 252.223-7008
Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.
Prohibition of Hexavalent Chromium.
Sep 2014 Jan 2023
252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022
Alternate/ Deviation
52.203-3 Gratuities. Apr 1984
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. May 2011 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011
52.204-13 System for Award Management Maintenance. Oct 2018
52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020
52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014
52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021
252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United
States Jun 2015
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous
Region.
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
252.227-7013 Rights in Technical Data-Other…
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