FA5004-18-Q-A016-0001_Conformed_Copy.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

FA500418QA0160001

Solicitation/Contract Form

Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

0001 FY18 F7432 3001CO HC FM9 CHAPEL

SOUND SYSTEM REFRESH -

PURCHASED FOR 354FW CHAPEL

Manufacturer's Part Number: Null Product Service Code: 5835 Firm Fixed Price

1.0 Each

Description/Specifications/Statement of Work

Requirements

FY18 F7432 3001CO HC FM9 CHAPEL SOUND SYSTEM REFRESH

DFARS Clauses Incorporated by Full Text

252.222-7000 Restrictions on Employment of Personnel 2000-03 As prescribed in 222.7004, use the following clause:\n RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)\n

(a) The Contractor shall employ, for the purpose of performing that portion of the contract work in ____, individuals who are residents thereof and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills to perform the contract.\n (b) The Contractor shall insert the substance of this clause, including this paragraph (b), in each subcontract awarded under this contract.\n (End of clause)\n

Packaging and Marking

Inspection and Acceptance

0001 Inspection and Acceptance Location

Both Destination Instructions: The POC for this project is Lt. Eli Armstrong

DoDAAC: F1U0FM Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

354 CPTS FM

354 BROADWAY ST UNIT 4B

AF BPN NO MILSBILLS PROCESSES

EIELSON AFB, AK 99702 1893

United States

OfficeCode:

Eli Armstrong Telephone: 317-377-2360 Email: eli.armstrong@us.af.mil

Deliveries or Performance

Contractor Destination

0001 Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to delivery 60 Calendar Days Date of Award

Ship To

DoDAAC: F1U0FM Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

354 CPTS FM

354 BROADWAY ST UNIT 4B

AF BPN NO MILSBILLS PROCESSES

EIELSON AFB, AK 99702 1893

United States

OfficeCode:

Lt Eli Armstrong Telephone: 907-377-1303 Email:

FoB Details

Contractor Destination

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2012-06

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2013-05 As prescribed in 232.7004(b), use the following clause:\n WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)\n (a) Definitions. As used in this clause-\n Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.\n Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).\n Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.\n (b) Electronic invoicing.

The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.\n (c) WAWF access. To access WAWF, the Contractor shall-\n (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and\n (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.\n (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/\n (e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.\n (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:\n

(1) Document type. The Contractor shall use the following document type(s).\n __2 in 1__\n (Contracting Officer: Insert applicable document type(s). Note: If a Combo document type is identified but not supportable by the Contractors business systems, an Invoice (stand-alone) and Receiving Report (stand-alone) document type may be used instead.)\n (2) Inspection/ acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.\n __Destination__\n (Contracting Officer: Insert inspection and acceptance locations or Not applicable.)\n

(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.\n Routing Data Table*\n ~~| Field Name in WAWF || Data to be entered in WAWF |~| Pay Official DoDAAC || __F87700__ |~| Issue By DoDAAC || __FA5004__ |~| Admin DoDAAC || __FA5004__ |~| Inspect By DoDAAC || __F1U0FM__ |~| Ship To Code || __F1U0FM__ |~| Ship From Code || __N/A__ |~| Mark For Code || __N/A__ |~| Service Approver (DoDAAC) || __N/A__ |~| Service Acceptor (DoDAAC) || __N/A__ |~| Accept at Other DoDAAC || __N/A__ |~| LPO DoDAAC || __N/A__ |~| DCAA Auditor DoDAAC || __N/A__ |~| Other DoDAAC(s) || __N/A__ |~~\n (*Contracting Officer: Insert applicable DoDAAC information or See schedule if multiple ship to/acceptance locations apply, or Not applicable.)\n (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.\n (5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the Send Additional Email Notifications field of WAWF once a document is submitted in the system.\n __oliver.ancans@us.af.mil__\n __joshua.houseworth@us.af.mil__\n (Contracting Officer: Insert applicable email addresses or Not applicable.)\n (g) WAWF point of contact.\n (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activitys WAWF point of contact.\n __907-377-3567__\n (Contracting Officer: Insert applicable information or Not applicable.)\n (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.\n (End of clause)\n

Special Contract Requirements

DFARS Clauses Incorporated by Full Text

252.211-7003 Item Unique Identification and Valuation. 2016-03 As prescribed in 211.274-6(a)(1), use the following clause:\n ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)\n (a) Definitions. As used in this clause\n Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.\n Concatenated unique item identifier means\n (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\n (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.\n 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.\n 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.\n 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.\n 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.

\n Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

\n Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.\n Governments unit acquisition cost means\n (1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;\n (2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractors estimated fully burdened unit cost to the Government at the time of delivery; and\n (3) For items produced under a time-and-materials contract, the Contractors estimated fully burdened unit cost to the Government at the time of delivery.\n 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.\n Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier.\n Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.\n 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.\n Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.\n 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.\n 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.\n 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.\n 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.\n 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.\n 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.\n 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.\n 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.

\n 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.

\n (b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.\n (c) Unique item identifier.\n

(1) The Contractor shall provide a unique item identifier for the following:\n (i) Delivered items for which the Governments unit acquisition cost is $5,000 or more, except for the following line items:\n Contract Line, Subline, or \n Exhibit Line Item

Number Item Description\n __0001__\n ____\n ____\n (ii) Items for which the Governments unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:\n Contract Line, Subline, or \n Exhibit Line Item Number Item Description\n __N/A__\n ____\n ____\n (If items are identified in the Schedule, insert See Schedule in this table.)\n (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 __N/A__.\n (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 __N/A__.\n (v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.\n (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.\n (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.

\n (4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that\n (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:\n (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.\n (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.\n (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\n (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.\n (5) Unique item identifier.\n (i) The Contractor shall\n (A) Determine whether to\n (1) Serialize within the enterprise identifier;\n (2) Serialize within the part, lot, or batch number; or\n (3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and\n (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;\n (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\n (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.\n (ii) The issuing agency code\n (A) Shall not be placed on the item; and\n (B) Shall be derived from the data qualifier for the enterprise identifier.\n (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:\n (1) Unique item identifier.\n (2) Unique item identifier type.\n (3) Issuing agency code (if concatenated unique item identifier is used).\n (4) Enterprise identifier (if concatenated unique item identifier is used).\n (5) Original part number (if there is serialization within the original part number).\n (6) Lot or batch number (if there is serialization within the lot or batch number).\n (7) Current part number (optional and only if not the same as the original part number).\n (8) Current part number effective date (optional and only if current part number is used).\n (9) Serial number (if concatenated unique item identifier is used).\n (10) Governments unit acquisition cost.\n (11) Unit of measure.\n (12) Type designation of the item as specified in the contract schedule, if any.\n (13) Whether the item is an item of Special Tooling or Special Test Equipment.

\n (14) Whether the item is covered by a warranty.\n (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:\n (1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.\n (2) Unique item identifier of the embedded subassembly, component, or part.\n (3) Unique item identifier type.**\n (4) Issuing agency code (if concatenated unique item\n identifier is used).**\n (5) Enterprise identifier (if concatenated unique item identifier is used).**\n (6) Original part number (if there is serialization within the original part number).**\n (7) Lot or batch number (if there is serialization within the lot or batch number).**\n (8) Current part number (optional and only if not the same as the original part number).**\n (9) Current part number effective date (optional and only if current part number is used).**\n (10) Serial number (if concatenated unique item identifier is used).**\n (11) Description.\n ** Once per item.\n (f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:\n (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/.\n (2) Embedded items shall be reported by one of the following methods\n (i) Use of the embedded items capability in WAWF;\n

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/ site/uidregistry/; or\n (iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) __N/A__, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.\n (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.\n (End of clause)\n

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation.

2017-01

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01

52.204-22 Alternative Line Item Proposal. 2017-01 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law.

2016-02

52.219-13 Notice of Set-Aside of Orders. 2011-11 52.222-19 Child Labor-Cooperation with Authorities and Remedies. 2018-01 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act. 2014-05 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act. 2014-05 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7005 Oral Attestation of Security Responsibilities. 2001-11 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous

Materials.

2014-09

252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7048 Export-Controlled Items. 2013-06 252.232-7010 Levies on Contract Payments. 2006-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.244-7000 Subcontracts for Commercial Items 2013-06 252.244-7001 Contractor Purchasing System Administration. 2014-05 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance

System.

2016-08

252.246-7008 Sources of Electronic Parts. 2017-12 252.247-7023 Transportation of Supplies by Sea. 2014-04

FAR Clauses Incorporated by Full Text

52.212-4 Contract Terms and Conditions-Commercial Items. 2017-01 As prescribed in 12.301(b)(3), insert the following clause:\n Contract Terms and Conditions-Commercial Items (Jan 2017)\n

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. 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-\n (1) Within a reasonable time after the defect was discovered or should have been discovered; and\n (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.\n (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.

3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.\n (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.\n (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.\n

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.\n (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.\n (g) Invoice.\n (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include- \n (i) Name and address of the Contractor;\n (ii) Invoice date and number;\n (iii) Contract number, line item number and, if applicable, the order number;\n (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;\n (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;\n (vi) Terms of any discount for prompt payment offered;\n (vii) Name and address of official to whom payment is to be sent;\n (viii) Name, title, and phone number of person to notify in event of defective invoice; and \n (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.\n (x) Electronic funds transfer (EFT) banking information.\n (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.\n (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.\n (C) EFT banking information is not required if the Government waived the requirement to pay by EFT.\n (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.\n (h) Patent indemnity.

The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.\n (i) Payment.-\n (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.\n (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.\n (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.\n (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.\n (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-\n (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-\n (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);\n (B) Affected contract number and delivery order number, if applicable;\n (C) Affected line item or subline item, if applicable; and\n (D) Contractor point of contact.\n (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.\n (6) Interest.\n (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.\n (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.\n (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-\n (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;\n (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or\n (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).\n (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.\n (v) Amounts shall be due at the earliest of the following dates:\n (A) The date fixed under this contract.\n (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.\n (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-\n (A) The date on which the designated office receives payment from the Contractor;\n (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or\n (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.\n (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.\n (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:\n (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or\n (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.\n (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.\n (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose.

This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.\n (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.\n (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.\n (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.\n (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.\n (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.\n (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.\n (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:\n (1) The schedule of supplies/services.

\n (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;\n (3) The clause at 52.212-5.\n (4) Addenda to this solicitation or contract, including any license agreements for computer software.\n (5) Solicitation provisions if this is a solicitation.\n (6) Other paragraphs of this clause.\n (7) The Standard Form 1449.\n (8) Other documents, exhibits, and attachments.\n (9) The specification.\n (t) System for Award Management (SAM).\n (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.\n (2)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database;

(B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.\n (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract.\n (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the Suspension of payment paragraph of the EFT clause of this contract.\n (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.\n (u) Unauthorized Obligations\n

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:\n (i) Any such clause is unenforceable against the Government.\n (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an I agree click box or other comparable mechanism (e.g., click-wrap or browse-wrap agreements), execution does not bind the Government or any Government authorized end user to such clause.\n (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.\n (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.\n (v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.\n 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (DEVIATION 2013-O0019) 2013-09 Use the following clause in lieu of 52.212-5, as prescribed in class deviation 2013-O0019. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS?COMMERCIAL ITEMS (DEVIATION 2013-O0019) (SEP 2013) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records?Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor?s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b) (1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause? (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C .Chapter 67). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (Nov 2007) (41 U.S.C. Chapter 67). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. Chapter 67). (xii) 52.222-54, Employment Eligibility Verification (E.O. 12989) (JUL 2012). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) 42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause) 52.219-28 Post-Award Small Business Program Rerepresentation. 2013-07 As prescribed in 19.309(c), insert the following clause:\n Post-Award Small Business Program Rerepresentation (Jul 2013)\n (a) Definitions. As used in this clause-\n Long-term contract means a contract of more than five years in duration, including options.