COMBINED_SYNOPSIS_SOLICITATION N3220520Q4149.docx

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T-AKE Appleton Cargo Crane parts Federal contract opportunity
Solicitation number
N3220520P4149
Issued by
Department of the Navy Military Sealift Command

About this file

This is a combined synopsis and solicitation for commercial items from the Department of the Navy's Military Sealift Command. It requires various parts for the 10-year overhaul of cargo cranes on the USNS WASHINGTON CHAMBERS, including split flange kits, hose assemblies, hydraulic cylinders, and other components. Quotes are due by June 26, 2020 and should be emailed to the point of contact. The solicitation will result in a firm-fixed price purchase order to the lowest priced technically acceptable offeror. The required delivery date is November 2, 2020 to the specified location. The document outlines proposal submission requirements and applicable terms and conditions.

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MILITARY SEALIFT COMMAND

N10 - CONTRACTS AND BUSINESS MANAGEMENT DIRECTORATE

COMBINED SYNOPSIS/SOLICITATION TEMPLATE

Military Sealift Command Combined Synopsis and Solicitation Notice Information

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

2. Solicitation number is N3220520Q4149 and is being issued as a Request for Quotes (RFQ).

3. The solicitation document and incorporated provisions and clauses are those in effect through:

a. Federal Acquisition Circular (FAC) 2020-06, effective 06/05/2020 located on https://www.acquisition.gov/browse/index/far

b. DFARS Publication Notice 20200605, effective 06/05/2020 located at https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

4. The associated NAICS code is 333923 and the associated PSC/FSC code is 2090 for this procurement: NOTE: A Class Waiver is not applicable to a procurement unless the NAICS code, PSC/FSC, and NAICS Code Descriptor currently in effect, match the item(s) being procured.

|X| is not being set-aside for small businesses.

|_| is being set-aside for __________________. The small business size standard is ____________.

5. The table below lists the Contract Line Item Number(s) (CLIN(s)) and items, quantities and units of measure, inclusive of any applicable options:

SUPPLIES

CLIN
PART#
DESCRIPTION
QUANTITY
UNIT OF MEASURE
0001
32SFO
2.0 CODE 61 SPLIT FLANGE KIT (AMD-1499 ITEM 2)
8
EA
0002
12SFO
3/4 CODE 61 SPLIT FLANGE KIT (AMD-1499 ITEM 3)
4
EA
0003
24SFO
1.5 CODE 61 SPLIT FLANGE KIT (AMD-1499 ITEM 4)
48
EA
0004
56SFO
3.5 CODE 51 SPLIT FLANGE KIT (AMD-1499 ITEM 5)
4
EA
0005
64SFO
4.0 CODE 61 SPLIT FLANGE KIT (AMD-1499 ITEM 6)
4
EA
0006
24SFXO
1.5 CODE 62 SPLIT FLANGE KIT (AMD-1499 ITEM 7)
8
EA
0007
16SFO
1.0 CODE 61 SPLIT FLANGE KIT (AMD-1499 ITEM 9)
20
EA
0008
20SFO
1.25 CODE 61 SPLIT FLANGE KIT (AMD-1499 ITEM 19)
24
EA
0009
20SFXO
SPLIT FLANGE (FOR WINCH)
8
EA
0010
YMD-8852
CAPSCREW FOR WINCH SPLIT FLANGE (SHCS .50-13NC X 6.75" LG, STL ZP)
16
EA
0011
YMD-8861
CAPSCREW FOR WINCH SPLIT FLANGE (SHCS .50-13NC X 7.75" LG, STL ZP)
16
EA
0012
YMD-8485
CAPSCREW FOR WINCH SPLIT FLANGE (SHCS .50-13NC X 2.0" LG, STL ZP)
16
EA
0013
YMD-8854
CRANE HOOK & BLOCK ASSY
4
EA
0014
YMD-8856
DISPLAY UNIT ENCLOSURE
4
EA
0015
YMD-8842
HYDRAULIC CYLINDER - FIRST TELESCOPE
4
EA
0016
YMD-8843
HYDRAULIC CYLINDER - SECOND TELESCOPE
4
EA
0017
YMD-9244
CABLE TRACK
4
EA
0018
MMD-3641
TELESCOPE PIN
8
EA
0019
WSM-250-S16
SNAP RING
16
EA
0020
MMD-3673
SHIM
16
EA
0021
MMD-1922
SLIDE PAD
16
EA
0022
MMD-1921
SHIM SET
48
EA
0023
MMD-1918
SLIDE PAD
32
EA
0024
MMD-1919
SLIDE PAD
32
EA
0025
MMD-2371
SLIDE PUCK
32
EA
0026
WMD-2459
SHIM SET
32
EA
0027
MMD-2023
SLIDE PAD
28
EA
0028
MMD-2088
SHIM SET
28
EA
0029
20SFO
SPLIT FLANGE KIT 1.25" CODE 61
8
EA
0030
6804-161616-NWO-SS
O-RING RUN TEE
12
EA
0031
2406-16-12-SS
TUBE END REDUCER
8
EA
0032
6801-12-16-NWO-SS
STRAIGHT THREAD O-RING ELBOW
8
EA
0033
YMD-8947
WINDSHIELD WIPER ASSEMBLIES
4
EA
0034
YMD-9329-R
ELR MANIFOLD REPLACEMENT PARTS
4
EA
0035
RDFA-LEN
RELIEF VALVE CARTRIDGE
4
EA
0036
YMD-9208
WINCH MOTOR BLEED OFF VALVE
4
EA
0037
YMD-9759
WINCH VENT RELIEF VALVE
4
EA
0038
YMD-9051
UPPER TURNTABLE SLEWING RING BEARING BOLT - PEDESTAL SIDE
48
EA
0039
YMD-9052
LOWER TURNTABLE SLEWING RING BEARING BOLT - TURRET SIDE
43
EA
0040
YMD-8844
WINCH, MOTOR
4
EA
0041
AMD-1223
ANTI-TWO BLOCK DEVICE
4
EA
0042
MMD-1900
BUSHING, HEEL
4
EA
0043
YMD-8845
CRANE HOIST WIRE ROPES
4
EA
0044
YMD-8842-R
HYD TELESCOPING CYL SEAL KIT
4
EA
0045
YMD-8860
HYDRAULIC PUMP ASSEMBLY
4
EA
0046
YMD-8525 ITEM 173
HOSE ASSEMBLY X 44" LG (AMD-1498 / ITEM 173)
4
EA
0047
YMD-8525 ITEM 174
HOSE ASSEMBLY X 94" LG (AMD-1498 / ITEM 174)
4
EA
0048
YMD-8525 ITEM 175
HOSE ASSEMBLY X 141" LG (AMD-1498 / ITEM 175)
4
EA
0049
YMD-8525 ITEM 176
HOSE ASSEMBLY X 189" LG (AMD-1498 ITEM 176)
4
EA
0050
YMD-8525 ITEM 177
HOSE ASSEMBLY X 21" LG (AMD-1498 / ITEM 177)
4
EA
0051
YMD-8525 ITEM 178
HOSE ASSEMBLY X 32" LG (AMD-1498 / ITEM 178)
4
EA
0052
YMD-8525 ITEM 179
HOSE ASSEMBLY X 91" LG ( AMD-1498 ITEM 179)
4
EA
0053
YMD-9198 ITEM 40
HOSE ASSEMBLY X 40" LG (AMD-1499 ITEM 40)
4
EA
0054
YMD-8977 ITEM 41
HOSE ASSEMBLY X 48" LG (AMD-1499 ITEM 41)
4
EA
0055
YMD-9198 ITEM 42
HOSE ASSEMBLY X 42" LG (AMD-1499 ITEM 42)
4
EA
0056
YMD-8977 ITEM 43
HOSE ASSEMBLY X 42" LG (AMD-1499 ITEM 43)
4
EA
0057
YMD-9181 ITEM 44
HOSE ASSEMBLY X 78" LG (AMD-1499 ITEM 44)
4
EA
0058
YMD-9181 ITEM 45
HOSE ASSEMBLY X 77" LG (AMD-1499 ITEM 45)
4
EA
0059
YMD-8978 ITEM 46
HOSE ASSEMBLY X 77" LG (AMD-1499 ITEM 46)
4
EA
0060
YMD-8978 ITEM 47
HOSE ASSEMBLY X 78" LG (AMD-1499 ITEM 47)
4
EA
0061
YMD-8979 ITEM 48
HOSE ASSEMBLY X 212" LG (AMD-1499 ITEM 48)
4
EA
0062
YMD-8979 ITEM 49
HOSE ASSEMBLY X 212" LG (AMD-1499 ITEM 49)
4
EA
0063
YMD-8980 ITEM 50
HOSE ASSEMBLY X 141" LG (AMD-1499 ITEM 51)
4
EA
0064
YMD-8980 ITEM 51
HOSE ASSEMBLY X 138" LG (AMD-1499 ITEM 50
4
EA
0065
YMD-8525 ITEM 52
HOSE ASSEMBLY X 185" LG (AMD-1499 ITEM 52)
4
EA
0066
YMD-8525 ITEM 53
HOSE ASSEMBLY X 210" LG (AMD-1499 ITEM 53)
4
EA
0067
YMD-8525 ITEM 54
HOSE ASSEMBLY X 190" LG (AMD-1499 ITEM 54)
4
EA
0068
YMD-8525 ITEM 55
HOSE ASSEMBLY X 106" LG (AMD-1499 ITEM 55)
4
EA
0069
YMD-8525 ITEM 56
HOSE ASSEMBLY X 76" LG (AMD-1499 ITEM 56)
4
EA
0070
YMD-8529 ITEM 57
HOSE ASSEMBLY X 78" LG (AMD-1499 ITEM 57)
4
EA
0071
YMD-8529 ITEM 58
HOSE ASSEMBLY X 68" LG (AMD-1499 ITEM 58)
4
EA
0072
YMD-8529 ITEM 59
HOSE ASSEMBLY X 108" LG (AMD-1499 ITEM 59)
4
EA
0073
YMD-8529 ITEM 60
HOSE ASSEMBLY X 108" LG (AMD-1499 ITEM 60)
4
EA
0074
YMD-8990 ITEM 62
HOSE ASSEMBLY X 65" LG (AMD-1499 ITEM 62)
4
EA
0075
YMD-8991 ITEM 63
HOSE ASSEMBLY X 110" LG (AMD-1499 ITEM 63)
4
EA
0076
YMD-8525 ITEM 64
HOSE ASSEMBLY X 66" LG (AMD-1499 ITEM 64)
4
EA
0077
YMD-8525 ITEM 65
HOSE ASSEMBLY X 108" LG (AMD-1499 ITEM 65)
4
EA
0078
YMD-8525 ITEM 66
HOSE ASSEMBLY X 226" LG (AMD-1499 ITEM 66)
4
EA
0079
YMD-8992 ITEM 67
HOSE ASSEMBLY X 79" LG (AMD-1499 ITEM 67)
4
EA
0080
YMD-8993 ITEM 68
HOSE ASSSEMBLY X 81" LG (AMD-1499 ITEM 68)
4
EA
0081
YMD-8994 ITEM 69
HOSE ASSEMBLY X 107" LG (AMD-1499 ITEM 69)
4
EA
0082
YMD-6129 ITEM 70
HOSE ASSEMBY X 217" LG (AMD-1499 ITEM 70)
4
EA
0083
YMD-6129 ITEM 72
HOSE ASSEMBLY X 33" LG (AMD-1499 ITEM 72)
4
EA
0084
YMD-8525 ITEM 74
HOSE ASSEMBLY X 118 LG (AMD-1499 ITEM 74)
4
EA
0085
YMD-8525 ITEM 75
HOSE ASSEMBLY X 187 LG (AMD-1499 ITEM 75)
4
EA
0086
YMD-8977 ITEM 76
HOSE ASSEMBY X 27" LG (AMD-1499 ITEM 76)
4
EA
0087
YMD-8524 15IN
HOSE ASSEMBLY X 15" LG (WINCH)
4
EA
0088
YMD-8524 22IN
HOSE ASSEMBLY X 22" LG (WINCH)
4
EA
0089
YMD-8844-R
WINCH SEAL KIT (AMD-1498 ITEM 8.91)
4
EA
0090
DMD-2656
HYDRAULIC RESERVOIR (AMD-1501 ITEM 16)
1
EA
0091
YMD-9245
CABLE TRACK (SMALL) (AMD-1498 ITEM 23)
4
EA
0092
YMD-8841-R
CYLINDER SEAL KIT
8
EA
0093
YMD-8847
LENGTH TRANSDUCER (AMD-1498 ITEM 16)
4
EA
0094
YMD-8921
WIRE ROPE SHEAVE, 12" DIAMETER (AMD-1498 ITEM 12)
4
EA
0095
YMD-6854
WIRE ROPE SHEAVE, 18" DIAMETER (AMD-1498 ITEM 13)
4
EA
0096
YMD-8590
HVAC UNIT (AMD-1502 ITEM 12)
1
EA
0097
YMD-8933
BALL VALVE-4.0" (AMD-1501 ITEM 14)
4
EA
0098
YMD-8934
BALL VALVE-1.5" (AMD-1501 ITEM 15)
4
EA
0099
YMD-9329
EMERGENCY LOAD RELEASE MANIFOLD (AMD-1501 ITEM 13)
4
EA
0100
YMD-8840
SWING COUNTERBALANCE VALVE (AMD-1498 ITEM 4)
8
EA
0101
YMD-8841
HYDRAULIC CYLINDER-LUFF (AMD-1498 ITEM 5)
4
EA
0102
MMD-3640
LUFF CYLINDER PIN (AMD-1498 ITEM 31)
8
EA
0103
MMD-3638
HEEL PIN (AMD-1498 ITEM 30)
8
EA
0104
MMD-2265
THRUSTWASHER-HEEL (AMD-1498 ITEM 41)
16
EA
0105
98410A390
SNAPRING (HEEL PIN) (AMD-1498 ITEM 38)
16
EA
0106
YMD-8848
HYDRAULIC OIL COOLER (AMD-1498 ITEM 18)
1
EA
0107
YMD-11005
ANGLE SENSOR (AMD-1498 ITEM 24)
4
EA
0108
YMD-8850
HYDRAULIC SWIVEL (AMD-1498 ITEM 20)
4
EA
0109
YMD-8849
HYDRAULIC CONTROL VALVE ASSEMBLY (AMD-1498 ITEM 19)
4
EA
0110
YMD-8852
COOLING CIRCUIT MANIFOLD (AMD-1501 ITEM 16)
4
EA
0111
YMD-8861
RETURN FILTER (AMD-1501 ITEM 16)
4
EA
0112
YMD-8485
TANK COVER ASSEMBLY (AMD-1501 ITEM 43)
6
EA
0113
YMD-3069
LIQUID LEVEL SWITCH (AMD-1501 ITEM 6)
4
EA
0114
YMD-8163
FILTER STRAINER (AMD-1501 ITEM 10)
4
EA
0115
YMD-7299
BREATHER (AMD-1501 ITEM 11) REPLACES YMD -8164)
4
EA
0116
YMD-8553
LIQUID LEVEL GAUGE (AMD-1501 ITEM 9)
4
EA
0117
YMD-8862
IMMERSION HEATER (AMD-1501 ITEM 8)
4
EA
0118
YMD-8614
TEMPERATURE TRANSMITTER (AMD-1501 ITEM 5)
4
EA
0119
YMD-8870
ELECTRIC MOTOR (AMD-1501 ITEM 1)
1
EA
0120
YMD-8905
GEAR COUPLING (AMD-1501 ITEM 4)
1
EA
0121
YMD-10986
FLOODLIGHT (AMD-1975 ITEM 206)
12
EA
0122
YMD-8846
LOAD PIN (AMD-1498 ITEM 15)
1
EA
0123
MMD-1623
SHEAVE PIN (AMD-1498 ITEM 33)
4
EA
0124
YMD-8844-R1
WINCH BRAKE REPAIR KIT
4
EA
0125
YMD-8915-R
WINCH MOTOR SEAL KIT (AMD-1498 ITEM 8.93)
1
EA
Wood Packaging / DOD unique identification / Shipping
Not separately priced

6. It is anticipated one firm-fixed price purchase order will be issued in response to this RFQ. No commercial financing.

7. The required delivery is FOB Destination and acceptance date is 2 November 2020. Delivery and acceptance will occur at N40443 MSC BATS SAN DIEGO 9284 BALBOA AVENUE SAN DIEGO CA. 923123

8. The provision at FAR 52.212-1, Instructions to Offerors – Commercial (Deviation 2018-O0018) applies to this acquisition and is incorporated by reference. The provision is amended as follows:

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

a. Any inconsistency between FAR Provision 52.212-1 and the Addendum to FAR 52.212-1 shall be solved by giving precedence to the Addendum to FAR 52.212-1.

b. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.

c. The term “offeror” or “offer” as used in FAR 52.212-1 shall be understood to mean “quoter” and “quote,” respectively. Further, the term “award” shall be understood to describe the Government’s issuance of an order.

d. The Government will consider all quotes that are timely received and may consider late quotes in accordance with 52.212-1. Failure of a quote to address any items listed in the attached submission package may make a quote unacceptable.

e. Paragraph (b) of FAR Provision 52.212-1, Submission of Offers, is amended as follows:

In addition to the quote submission requirements stated in FAR provision 52.212-1, quoters shall provide the following, as part of the quote submission package, no later than the required time and date for quote submission:
Responsible sources shall provide the following:

1. Price quote which identifies the requested item(s), unit price inclusive of shipping (if any), and extended price

2. Total Firm Fixed price

3. Any Discount Terms

4. Estimated time of delivery

5. Technical Submission Requirements

a. For Parts/Supply buy, the quote shall contain a description including part number and title for each item listed in the solicitation to allow the Government to verify that the quoted parts match the requirements listed in the requirements schedule.

b. For a Services buy, the quote shall contain all pre-award submission/certification requirements as defined in the statement of work (SOW).

6. Indicate principal place of performance and country of product origin.

7. Responses to the solicitation are due 26 June 2020. Quotes may be e-mailed to raymond.gardner@navy.mil. To be considered timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission. Quotes received after that time will be considered at the Government’s sole discretion. Please reference the solicitation number on your quote.

Primary Point of Contact: Ray Gardner; raymond.gardner@navy.mil

9. Provision 52.212-2 Evaluation—Commercial Items applies to this acquisition.

(a) The Government may issue a purchase order resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quote:

(i) technical capability of the item quoted to meet the Government requirement;

(ii) price;

Award shall be made to the lowest priced technically acceptable quoter.

To be considered a technically acceptable solution for a parts procurement, the quoted parts shall meet the solicitation requirements including required parts, delivery dates, and terms and conditions stated in the solicitation. To be considered a technically acceptable solution for a service, the quoted service shall meet the solicitation requirements including terms and conditions stated in the solicitation. The quote shall state that all aspects of the technical requirement, including required delivery date and part numbers, can be met.

The Government will evaluate quoted pricing for reasonableness utilizing techniques described in FAR 13.106-3.

(c) To consummate a binding contract between the parties, the successful quoter shall accept the purchase order in writing (see FAR 2.101).

(End of Provision)

10. Provision FAR 52.212-3, Offeror Representations and Certifications – Commercial Items applies to this acquisition. Complete and return with quote if required 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Jun 2020)

11. Clause 52.212-4 Contract Terms and Conditions – Commercial items, applies to this acquisition.

Quotes submitted in response to this solicitation shall not contain nor be subject to the vendor’s standard commercial terms and conditions. Any quote submitted in response to this solicitation, which includes the vendor's standard commercial terms and conditions may be considered a material defect and may be rejected as being non-responsive to the solicitation.

12. Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Jun 2020), applies to this acquisition along with the following FAR Clauses cited in the clause are applicable.

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

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E,Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions insubsequent appropriations acts (and as extended in continuing resolutions)).
52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other CoveredEntities (Jul 2018) (Section 1634 of Pub. L. 115-91).
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019)(Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101note).

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

52.219-28, Post Award Small Business Program Representation (Mar 2020) (15 U.S.C. 632(a)(2)).

52.222-3, Convict Labor (Jun 2003) (E.O.11755).

52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

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

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

(ii) Alternate I (Feb 1999) of 52.222-26.

52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ii) Alternate I (Jul 2014) of 52.222-35.

52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

(ii) Alternate I (Jul 2014) of 52.222-36.

52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

(End of clause)

13. The following additional information is applicable to this acquisition:

Number
Title
52.203-12
Limitations on Payments to Influence Certain Federal Transactions
52.204-7
System for Award Management
52.204-13
System for Award Management Maintenance
52.204-16
Commercial and Government Entity Code Reporting
52.204-18
Commercial and Government Entity Code Maintenance
52.204-21
Basic Safeguarding of Covered Contractor Information Systems
52.204-24
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision— “Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited 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.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.209-7
Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed viahttps://www.sam.gov (see 52.204-7).

(End of provision)

52.232-40
Providing Accelerated Payments to Small Business Subcontractors
252.203-7000
Requirements Relating to Compensation of Former DOD Officials
252.203-7003
Agency Office of The Inspector General
252.203-7005
Representation Relating to Compensation of Former DOD Officials
252.204-7008
Compliance with Safeguarding Covered Defense Information Controls
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
252.211-7008
Use of Government-Assigned Serial Numbers
252.213-7000
Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations.
252.223-7008
Prohibition of Hexavalent Chromium
252.225-7001
Buy American and Balance of Payments Program
252.225-7012
Preference for Certain Domestic Commodities
252.225-7052
Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten (Deviation 2020-O0006)
252.225-7974
Representation Regarding Business Operations with the Maduro Regime (Deviation 2020-O0005)
252.226-7001
Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
252.232-7017
Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration
252.244-7000
Subcontracts for Commercial Items
252.246-7003
Notification of Potential Safety Issues
252.247-7023
Transportation of Supplies by Sea

252.209-7010 CRITICAL SAFETY ITEMS (AUG 2011)

(a) Definitions.

Aviation critical safety item means a part, an assembly, installation equipment, launch equipment, recovery equipment, or support equipment for an aircraft or aviation weapon system if the part, assembly, or equipment contains a characteristic any failure, malfunction, or absence of which could cause--

(i) A catastrophic or critical failure resulting in the loss of, or serious damage to, the aircraft or weapon system;

(ii) An unacceptable risk of personal injury or loss of life; or

(iii) An uncommanded engine shutdown that jeopardizes safety.

Design control activity. (i) With respect to an aviation critical safety item, means the systems command of a military department that is specifically responsible for ensuring the airworthiness of an aviation system or equipment, in which an aviation critical safety item is to be used; and

(ii) With respect to a ship critical safety item, means the systems command of a military department that is specifically responsible for ensuring the seaworthiness of a ship or ship equipment, in which a ship critical safety item is to be used.

Ship critical safety item means any ship part, assembly, or support equipment containing a characteristic, the failure, malfunction, or absence of which could cause--

(i) A catastrophic or critical failure resulting in loss of, or serious damage to, the ship; or

(ii) An unacceptable risk of personal injury or loss of life.

(b) Identification of critical safety items. One or more of the items being procured under this contract is an aviation or ship critical safety item. The following items have been designated aviation critical safety items or ship critical safety items by the designated design control activity:

MSC CRITICAL SHIP SYSTEM AND EQUIPMENT

1
Main Propulsion Diesel Engines/Main Propulsion Motors/Gas Turbine Engines
2
Ship Service Diesel Engines/Ships Service Turbine Generators
3
High Pressure/Low Pressure Propulsion Turbines
4
Emergency Diesel Generator
5
Propulsion/Machinery Control System
6
Main Propulsion and Turbine Generator Reduction Gear
7
Propulsion Shafting, Bearings and Couplings
8
Controllable Pitch Propeller System
9
Stern Tube Seal System
10
Steering Gear Control Systems (not hydraulics)
11
ECDIS (Electronic Chart Display Information System)
12
Dynamic Positioning (DP2) System
13
Fixed Fire Extinguishing Systems/Fire Detection Systems (Note: ABS “Recognized External Specialist” documentation shall suffice for Fire Extinguishing System qualified service providers.)
14
Oily Water Separator/Oil Content Monitor
15
Mission Equipment {Vehicle Ramps; Cargo Cranes; Cargo Hold WT Doors and Ramps} (structural, electronics, and hydraulic control systems; not hydraulic components and hoses, and other common components)

(c) Heightened quality assurance surveillance. Items designated in paragraph (b) of this clause are subject to heightened, risk-based surveillance by the designated quality assurance representative.

(End of clause)

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

(a) Definitions. As used in this clause— “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 http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.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.

“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 http://www.acq.osd.mil/dpap/pdi/uid/uii_types.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—

(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 items.

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): INVOICE

(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.

INVOICE

(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.

(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
N32205

Issue By DoDAAC

Admin DoDAAC**

Inspect By DoDAAC

Ship To Code
N62387

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(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.

MSCHQ_WAWF@NAVY.MIL

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

(End of clause)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of contract payments, up to the amount of tax debt.

(b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in writing, with a copy to the Administrative Contracting Officer, and shall provide—

(1) The total dollar amount of the levy;

(2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including rationale and adequate supporting documentation; and

(3) Advice as to whether the inability to perform may adversely affect national security, including rationale and adequate supporting documentation.

(c) DoD shall promptly review the Contractor’s assessment, and the Procuring Contracting Officer shall provide a written notification to the Contractor including–

(1) A statement as to whether DOD agrees that the levy may result in an inability to perform the contract; and

(2)(i) If the levy may result in an inability to perform the contract and the lack of performance will adversely affect national security, the total amount of the monies collected that should be returned to the Contractor; or

(ii) If the levy may result in an inability to perform the contract but will not impact national security, a recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation.

(d) Any DOD determination under this clause is not subject to appeal under the Contract Disputes Act.

(End of clause)

MSC SPECIFIC WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS

The information contained in this instruction is supplemental to DFARS 252.232-7006.

The information contained in the table in DFARS 252.232-7006 is for WAWF purposes only. Information included in DFARS 252.232-7006 and this WAWF instruction apply only to WAWF Invoicing and WAWF Receiving Reports. Contradictory information elsewhere in this contract, e.g. Ship to DoDAAC, shall be followed per the terms and conditions of the contract.

When entering the invoice into WAWF, the Contractor shall fill in the DoDAAC fields or DoDAAC extensions exactly as shown in the table in DFARS 252.232-7006. Fields that should not be filled in when entering the invoice into WAWF will be indicated with the direction, “Leave Blank.”

In some situations the WAWF system will pre-populate the “Pay DoDAAC,” “Admin By DoDAAC” and “Issue By DoDAAC.” The Contractor shall verify that those DoDAACs automatically entered by the WAWF system match the information in the table in DFARS 252.232-7006. If these DoDAACs do not match, then the Contractor shall correct the field(s).

If Receiving Reports are required, ensure that the “Inspection” and “Acceptance” defaults of “destination” for both fields are not changed in the WAWF online interface.

The CLINs on the WAWF invoice shall be entered exactly as set forth in the contract…

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