FA811825R0064 Final.pdf
PDF 543 KB Posted
- Attached to
- Remanufacture of F-15 Fuel Valve
- Solicitation number
- FA8118-25-R-0064
About this file
This is a Request for Proposal (RFP) for the remanufacture of F-15 fuel valves issued by the Department of the Air Force Materiel Command Air Force Sustainment Center. The solicitation (FA8118-25-R-0064) is for a 5-year firm-fixed-price indefinite delivery/indefinite quantity (IDIQ) contract to restore F-15 fuel valves to a like-new condition. The procurement is for 5-40 fuel valves with a NAICS code of 336413 and a small business size standard of 1,250 employees. The contract will require the contractor to furnish all materials, labor, parts, equipment, and expertise necessary to remanufacture the end items, including packing, preservation, and packaging, in accordance with specified technical requirements.
The solicitation is set up as a price-only competition, with award to be made to the lowest total evaluated price (TEP) from an offeror meeting all solicitation requirements. Proposals are due by August 11, 2025, at 3:00 PM. The government will evaluate offers based on completeness, price reasonableness, and potential unbalanced pricing. Contractors must provide detailed pricing information and may be required to submit cost or pricing data if adequate price competition is not established. The contract includes provisions for potential "over and above" work discovered during the remanufacturing process, with additional authorization and funding to be negotiated separately.
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Other files
| File | Type | Posted |
|---|---|---|
| DIDCAV.pdf | ||
| DIDGP.pdf | ||
| DIDSURGE.pdf | ||
| SPI.pdf | ||
| TRANSPORTATION.pdf | ||
| 0001ITEMDESCRIPTION_Redacted.pdf | ||
| 0001IUID_Redacted.pdf | ||
| 0001JQRMEMO_Redacted.pdf | ||
| CAVAF.pdf | ||
| PACKAGING.pdf | ||
| SOW.pdf | ||
| DIDCDM.pdf | ||
| CDRLS.pdf | ||
| GFP.pdf |
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Text version
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1447 (REV. 8/2016)
PREVIOUS EDITION NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.214(d)
23. ACCOUNTING AND APPROPRIATION DATA
SEE SCHEDULE
24. TOTAL AWARD AMOUNT (For Government Use Only)
TELEPHONE NUMBER
UNIQUE ENTITY
IDENTIFIER
CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
NO COLLECT CALLS
4. SOLICITATION NUMBER
FA8118-25-R-0064
X
6.SOLICITATION ISSUE DATE
8. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR
SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOSB PROGRAM
HUBZONE SMALL
BUSINESS EDWOSB
SERVICE-DISABLED VETERAN-
OWNED SMALL BUSINESS NAICS: 336413
8(A) SIZE STANDARD: 1,250
DATE SIGNED
28. UNITED STATES OF AMERICA (Signature of Contracting Officer)
26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION NUMBER
SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS OR CHANGES WHICH
ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 120 days.
EZ CODE: TBD
RIC: TBD
TAC: F2RS
CLIN 0001: September 2025 – September 2030 $
TOTAL ESTIMATED AMOUNT $
22.
AMOUNT
16. AUTHORITY FOR USING OTHER THAN 10 USC 2304 41 USC 253
FULL AND OPEN COMPETITION (c) ( ) (c) ( )
DATE SIGNED
27. SIGNATURE OF OFFEROR/CONTRACTOR
20.
UNIT
21.
UNIT PRICE
19.
QUANTITY
13. CONTRACTOR OFFEROR CODE FACILITY CODE
11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN * ___ CALENDAR DAYS (60 CALENDAR DAYS UNLESS OFFEROR
INSERTS A DIFFERENT PERIOD) FROM THE DATE SET FORTH IN BLOCK 9 ABOVE, THE CONTRACTOR AGREES TO HOLD
ITS OFFERED PRICES FIRM FOR THE ITEMS SOLICITED HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO
THE TERMS AND CONDITIONS STATED HEREIN. *120
RATING
DO: A1
3. AWARD/EFFECTIVE DATE
FA8118
2. CONTRACT NUMBER
X
17.
ITEM NUMBER
12. ADMINISTERED BY CODE
Total
SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK: 14 EFT:T
SCD:B
NAME AND TITLE OF SIGNER (Type or Print) NAME OF CONTRACTING OFFICER
5. SOLICITATION TYPE
SEALED BIDS NEGOTIATED
(IFB) (RFP)
15. PROMPT PAYMENT DISCOUNT
25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SETFORTH OR OTHERWISE
IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS SUBJECT
THE TERMS AND CONDITIONS SPECIFIED HEREIN.
10. ITEMS TO BE PURCHASED (Brief Description)
SUPPLIES SERVICES Other Aircraft Part and Auxiliary Equipment Manufacturing
9. (Agency Use) LATE OFFERS ARE SUBJECT TO LATE PROPOSAL PROVISIONS INCORPORATED HEREIN. ALL OFFERS ARE SUBJECT TO SUCH PROVISIONS, REPRESENTATIONS, CERTIFICATIONS AND SPECIFICATIONS AS ARE ATTACHED OR INCORPORATED BY REFERENCE. SOLICITATION: OFFERS WILL BE RECEIVED AT THE ISSUING OFFICE
UNTIL
11AUG2025 3:00PM
18.
SCHEDULE OF SUPPLIES/SERVICES
14. PAYMENT WILL BE MADE BY CODE
(SEE ESP CLAUSE 252.2327003.)
X
7. ISSUED BY CODE
DEPARTMENT OF THE AIR FORCE, AFSC PZABB
3001 STAFF DR STE 1AC4 99A
TINKER AFB OK 731453303
BUYER: Jessica Vinyard/AFSC/PZABB jessica.vinyard.1@us.af.mil Phone: (405) 739 5461
X
1. THIS CONTRACT IS A RATED ORDER UNDER DPAS
(15 CFR 700)SOLICITATION/CONTRACT
BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27.
J
STANDARD FORM 1447 (REV. 8/2016) BACK
NO RESPONSE FOR REASONS CHECKED
TYPE OR PRINT NAME AND TITLE OF SIGNER
SIGNATURENAME AND ADDRESS OF FIRM (Include Zip Code)
WE DO NOT DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF
ITEMS INVOLVED
WE DO
OTHER (Specify)
UNABLE TO IDENTIFY THE ITEM(S)
CANNOT COMPLY WITH SPECIFICATIONS CANNOT MEET DELIVERY REQUIREMENT
DO NOT REGULARILY MANUFACTURE OR SELL THE TYPE OF ITEMS
INVOLVED
DATE AND LOCAL TIME 11 AUG 2025 3:00 PM
SOLICITATION NUMBER FA811825R0064
FROM: AFFIX
STAMP
HERE
TO:
ATTN: Jessica Vinyard/AFSC/PZABB
DEPARTMENT OF THE AIR FORCE, AFSC PZABB
3001 STAFF DR STE 1AC4 99A
TINKER AFB OK 731453303
FA811825R0064
PART I THE SCHEDULE
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
In accordance with the attached CAV AF Reporting Requirements (see the document listed in Section J), the Contractor shall include a DD13481 when assets are shipped. DCMA Quality Assurance Representatives (QARs) will not approve or sign the DD13481, but will ensure a DD13481 is included with each returned asset. If a DD13481 is not included with each returned asset, DCMA will not sign the receiving report (DD250).
In accordance with DAFFARS 5309.1051 the Supplier Performance Risk System (SPRS) is checked for supplier risk assessments when determining responsibility, https://www.sprs.csd.disa.mil/. DFARS 252.204.7303(b) states that The contracting officer shall verify that the summary level score of a current NIST SP 800171 DoD Assessment (i.e., not more than 3 years old, unless a lesser time is specified in the solicitation) for each covered contractor information system that is relevant to an offer, contract, task order, or delivery order are posted in Supplier Performance Risk System (SPRS). If assessment score is less than 110 a contractor must provide a plan to become compliant.
REMANUFACTURE
A 5YEAR FIRM FIXED PRICE INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) TYPE CONTRACT IS
CONTEMPLATED.
NOTE: It is anticipated that pricing of this action will be based on adequate price competition; therefore, offerors are not required to submit certified cost or pricing data at the time of proposal. However, if after receipt of proposals, it is determined that adequate price competition does not exist, a request for other than certified cost or pricing data may be required in accordance with FAR 15.4011(B)(1). If cost still cannot be determined fair and reasonable, then certified cost and pricing data will be required in accordance with DFARS 252.2157008.
(a) A PreAward Survey and/or Initial Production Evaluation (IPE) is required. Details are provided in Appendix A, paragraphs 1.2 and 1.3 respectively.
(b) The contractor shall furnish all material, plant facilities, labor, parts, equipment, and expertise necessary to perform the remanufacture required to restore the end item to a likenew condition. The contractor shall also accomplish ALL necessary packing and preservation and packaging. ALL work shall be completed in accordance with the requirements specified herein (including attachments hereto) and all costs associated with work specifications, technical orders, and/or cost associated with Over and Above request (excluding missing parts) shall be included in the unit price. The government shall only pay the contractor for missing components after review and approval of O&A request. No additional cost will be allowed (i.e. material handling, profit, direct or indirect costs).
(c) Qualification requirements apply. Submit questions on SAR packages and SAR Process to the AFSC Small Business Office: afsc/sb.workflow@us.af.mil. We ask that all SAR packages be submitted electronically through https://safe.apps.mil/ <https://safe.apps.mil/> DoD safe. It is a safe option for large files associated with SAR packages. If you have a PKI certificate, you can send directly to the POCs below. If you do not have PKI certificate, request a DOD SAFE drop off from jenise.lucero.1.ctr@us.af.mil <mailto:jenise.lucero.1.ctr@us.af.mil> and include your email address and Subject: “request a drop off”. A “request for drop off” will be returned, which can be used to submit your SAR package.
SAR submittals need to be sent to: https://www.tinker.af.mil/Home/429SCMSSASPO/
<https://www.tinker.af.mil/Home/429SCMSSASPO/>
As prescribed in FAR 9.202(e), the contracting officer need not delay a proposed award in order to provide a potential offeror with an opportunity to demonstrate its ability to meet the standards specified for qualification.
(d) In order to receive any technical data related to this acquisition, offerors must send an email request to Jessica.vinyard.1@us.af.mil or Matthew.Churchwell.2@us.af.mil. Release of any data is subject to applicable data rights. The request shall be on company letterhead and include the applicable solicitation number, the specific data needed (including TO(s)), and a copy of the current, approved DD Form 2345. The form, including instructions for completing the form, is available at:
http://www.dtic.mil/whs/directives/infomgt/forms/forminfo/forminfopage2220.html. The Government is not responsible for incomplete, misdirected, or untimely requests.**
In order to receive drawings contractors will need to request all needed drawings through the JEDMICS website:
https://afjedmics.navair.navy.mil/webjedmics/index.jsp. Contractors who need an account will need to complete the instructions at the above link.
(e) GOVERNMENT PROPERTY FURNISHED FOR REPAIR (FAR 16.503(c)) Failure of the Government to furnish such items in the amounts or quantities described in the Schedule as “estimated” or “maximum” will not entitle the contractor to any equitable adjustment in price under the Government Property clause of the contract.
(f) END ITEMS BEYOND REMANUFACTURE "Reparable End Items" are defined as end items which can be restored to a serviceable condition, in accordance with applicable requirements. Some units of items listed in Section B may, upon disassembly and/or inspection, be determined to be beyond the overhaul limits specified in the Work Specification and/or Technical Orders. Any cost for work performed by the Contractor prior to determination that such equipment is beyond these limits, shall be included in the unit price(s) of the listed item(s).
(g) If the contractor estimates that any item is not reparable (i.e. beyond overhaul), the Contractor shall promptly notify the administrative contracting officer in writing and shall not perform further overhaul on any such items except at the direction of the administrative contracting officer (ACO). Upon written confirmation from the ACO that a particular item is not reparable, the contractor shall dispose of the unit in the manner directed by the ACO.
Contractors are cautioned that until a contract is executed, any effort performed in support of the anticipated effort is performed strictly at their own risk and expense. There is no authorization to begin performance until the contractor has received a duly authorized contract signed by the Contracting Officer. Also, this request for proposal is not to be construed to mean that the award of a contract is assured, as the availability of funds, timely submission of all requested documents, and acceptance by both parties are prerequisite to any contract award.
(h) Condemned units shall not be counted as production.
(i) In the event there are component part(s) with long lead times, the awardee is responsible for securing necessary parts to meet the Government’s required delivery schedule.
(j) In the event that DFARS clause 252.2177001, Surge Option, is invoked, quantities and prices will be negotiated at that time. The fillin data in Clause 252.2177001 will be TBD until a surge is known and negotiations are necessary.
(k) Item Unique Identification (IUID) marking is required in accordance with DFARS 252.2117003. Contractor determined location and method of marking is acceptable.
(l) All quantities specified herein represent the total contract quantities for all five years combined. The ordering period for each line item shall extend from the contractual effective data to five years thereafter or until the maximum quantity for each line item is reached, whichever comes first. The minimum and maximum quantities for each line item are as follows:
Line Item 0001 NSN: 2915011405874RK Minimum Quantity: 5 each Maximum Quantity: 40 each
(m) This Solicitation contemplates award of a fiveyear Indefinite Delivery Indefinite Quantity (IDIQ) Type Contract.
Reference Clauses 52.21619 – DeliveryOrder Limitations, 52.21622 – Indefinite Quantity.
(n) Some units of items listed in Section B may, upon disassembly and/or inspection, be determined to be beyond the remanufacture limits specified in the Work Specification and/or Technical Orders. Any cost for work performed by the Contractor prior to determination that such equipment is beyond these limits, shall be included in the unit price(s) of the listed item(s).
Remanufacture of F15 Fuel Valves
Item No.
Firm Fixed Price Best Estimated Qty
U/I Unit Price Total Estimated Cost
40 EA
Minimum Quantity
5 EA
Maximum Quantity
40 EA
CLIN ACRN ACRN Total
0001 AA
NSN: 2915011405874 RK
VALVE,FUEL SYSTEM
Pilot actuated fuel shutoff valve.
Aluminum Alloy Manufacturer Part Number
1YUC5 2780499102
29242 2780499102 59211 2780499102 5H860 2780499102 76301 68580097 92003 2780499102 Associated Document(s) Line Item(s)
FD20302402484 0001
Priority: R
Inspection: Origin Acceptance: Origin Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)
Title Number Date Tailoring
AS9100 9100
Remanufacture of F15 Fuel Valves
IUID Required: Yes
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
A SW3211 ORIGIN
Type / Ship To PACRN Mark For A SW3211 PAC Acct 09 Type / Ship To Quantity (U/I) *ARO 2 each every
30 days ARO/Reps.
Early delivery is acceptable.
Req No / Pri
Required Delivery
A SW3211 40 EA *600 Calendar Days
Proposed Delivery
A SW3211 40 EA
OVER AND ABOVE
Item No.
To Be Negotiated Quantity U/I Unit Price
1 LO TBN
Over and Above
DESCRIPTION
“Over and above work” means work discovered during the course of performing overhaul, maintenance, and repair efforts that is –
(i) Within the general scope of the contract;
(ii) Not covered by the line item(s) for the basic work under the contract; and
(iii) Necessary in order to satisfactorily complete the contract.
“Over and above work” shall be performed IAW the Appendix A and DFARS clause 252.2177028. The Government shall be the sole authority to determine whether over and above work is appropriate. When over and above work is required a subCLIN shall be established on the order for authorization and funding. Delivery will be as negotiated between the Contractor and
ACO/PCO.
FIXED PRICED ITEMS
At any time during contract performance, when sufficient data becomes available on a repetitive task being performed, either
OVER AND ABOVE
the Contractor or the Contracting Officer (Administrative or Procuring) may request a negotiation to establish a firmfixedprice for that item for the remaining life of the contract.
Fixed priced items shall be defined as they are negotiated.
Associated Document(s) Line Item(s)
FD20302402484 0002
Priority: R
DATA
Item No.
Not Separately Priced Quantity U/I Unit Price
1 LO NSP
Data Data In accordance with the Requirements set forth on the DD Form 1423.
EXHIBIT ITEM
NO.
RELATED
LINE ITEM
NO.
DATA ITEM DECRIPTION QTY FREQ UNIT
PRICE
TOTAL
PRICE
A A001 0001 Commercial Asset Visibility (CA V) Reporting 1 DAILY NSP NSP A A002 0001 Contract Depot Maintenance (CDM) Production
Report
1 MTHLY NSP NSP
A A003 0001 Government Property Inventory 1 ANNLY NSP NSP A A004 0001 Production Surge Plan 1 MTHLY NSP NSP
NSP = NOT SEPARATELY PRICED
SEE DFARS 252.2047002, Payment for Subline Items Not Separately Priced
The award of any or all reports shall be at the sole discretion of the Government. The Government reserves the right to delete each line item of data and/or reports that the Government does not desire prior to and after final award.
Associated Document(s) Line Item(s)
FD20302402484 0003
Priority: R
SHIP TO / PLACE OF PERFORMANCE
TYPE/CODE: A SW3211
DLA DISTRIBUTION DEPOT OKLAHOMA
3301 F AVE CEN REC BLDG 506 DR 22
TINKER AFB OK 731458000 OK
USA
MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)
AWARD NUMBER:
PART I THE SCHEDULE
SECTION E
INSPECTION AND ACCEPTANCE
52.2462 INSPECTION OF SUPPLIESFIXEDPRICE (AUG 1996)
(IAW FAR 46.302)
52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)
(IAW FAR 46.311, DFARS 246.202-4(1))
(a) The Contractor shall comply with the higherlevel quality standard(s) listed below. [If more than one standard is listed, the offeror shall indicate its selection by checking the appropriate block.]*
Title Number Date Tailoring *See Individual Line Item Schedule
52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)
(IAW FAR 46.316)
INSPECTION AND ACCEPTANCE (SEP 1999)
(IAW FAR 46.401(b), FAR 46.503)
Government Contract Quality Assurance Inspection and Acceptance will be at (Final):
[CONTRACTOR FILLIN]
Item No(s): See schedule for items with the following code(s) listed below :
Inspection Code and Address:
PART I THE SCHEDULE
SECTION F
DELIVERIES OR PERFORMANCE
52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)
(IAW FAR 11.703(b))
52.242-15 STOP-WORK ORDER (AUG 1989)
(IAW FAR 42.1305(b)(1))
52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)
(IAW FAR 42.1305(c))
52.247-29 F.O.B. ORIGIN (FEB 2006)
(IAW FAR 47.303-1(c))
52.247-30 F.O.B. ORIGIN, CONTRACTOR'S FACILITY (FEB 2006)
(IAW FAR 47.303-2(c))
52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT--SMALL PACKAGE SHIPMENTS (JAN 1991)
(IAW FAR 47.303-17(f))
F.O.B. ORIGIN (OCT 1993)
(IAW FAR 47.305(b))
Any supply item applicable to this document shall be delivered F.O.B. at:
F.O.B. Address
[CONTRACTOR FILLIN]
PART I THE SCHEDULE
SECTION G
CONTRACT ADMINISTRATION DATA
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(IAW DFARS 232.7004(b), PGI 232.7004(b)(1), DFARS 212.301(f)(liii))
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
(Contracting Officer: Insert applicable document type(s).
Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (standalone) and “Receiving Report” (standalone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)
(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 Issue By DoDAAC
Admin DoDAAC Inspect By DoDAAC Ship To Code Ship From Code Mark For Code Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s) (*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(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 backup documentation, as defined in DFARS Appendix F, (e.g.
timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
(Contracting Officer: Insert applicable email addresses or “Not applicable.”)
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) For technical WAWF help, contact the WAWF helpdesk at 8666185988.
ACCOUNTING AND APPROPRIATION DATA (AUG 1998)
Accounting and Appropriation Chargeable ACRN Funds Citation Amount Chargeable
AA TO BE CITED ON EACH ORDER $0.00
ACRN TOTAL $ 0.00
PART II CONTRACT CLAUSES
SECTION I
CONTRACT CLAUSES
5352.201-9101 OMBUDSMAN (JUN 2023)
(IAW DAFFARS 5301.9103)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern.
The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employeeemployer actions, contests of OMB Circular A76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, AFSC/PZC at 405 736 3273 , FAX 000 000 0000 , email . Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Department of the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 203301060, phone number (571) 2562395, facsimile number (571) 2562431.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements.
Such inquiries shall be directed to the contracting officer.
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
(JUN 2020)
(IAW FAR 3.808(b))
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS (JAN 2017)
(IAW FAR 3.909-3 (b))
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS
(SEP 2011)
(IAW DFARS 203.171-4(a), DFARS 212.301(f)(ii))
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(DEC 2022)
(IAW DFARS 203.970)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS (JUN 2020)
(IAW FAR 4.1403(a))
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
(IAW FAR 4.1105(b))
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
(IAW FAR 4.1804(c), FAR 12.301(d))
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS
(DEC 2014)
(IAW FAR 4.1202(b))
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS
(NOV 2021)
(IAW FAR 4.1903)
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES
DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES
(DEC 2023)
(IAW FAR 4.2004)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
(IAW 4.2105(b))
52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)
(IAW FAR 4.2203)
52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS- PROHIBITION
(DEC 2023)
(IAW FAR 4.2306(c))
252.204-7002 PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED (APR 2020)
(IAW DFARS 204.7109(a))
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
(IAW DFARS 204.404-70(b))
252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR
REPORTED CYBER INCIDENT INFORMATION (JAN 2023)
(IAW DFARS 204.7304(b))
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING (JAN 2023)
(IAW DFARS 204-7304(c))
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING DEVIATION 2024-O0013, REVISION 1 (MAY 2024)
(IAW Class Deviation 2024-O0013 Rev. 1)
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION
SUPPORT (JAN 2023)
(IAW DFARS 204.7403(b), DFARS 212.301(f)(i)(F))
252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE
TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)
(IAW DFARS 204.2105(c))
252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023)
(IAW DFARS 204.7304(e))
252.204-7022 EXPEDITING CONTRACT CLOSEOUT (MAY 2021)
(IAW DFARS 204.804-70)
52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995)
(IAW FAR 9.206-2)
(b)
Item No Agency Name/Address
(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.
Offeror's Name _____________________________
Manufacturer's Name ________________________
Source's Name _____________________________
Item Name _________________________________
Service Identification _________________________
Test Number _______________________________ (to the extent known)
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
(NOV 2021)
(IAW FAR 9.409)
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
(NOV 2015)
(IAW FAR 9.108-5(b))
252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE
GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM
(MAY 2019)
(IAW DFARS 209.409)
52.211-5 MATERIAL REQUIREMENTS (AUG 2000)
(IAW FAR 11.302)
52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)
(IAW FAR 11.604(b))
This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).
252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)
(IAW DFARS 211.274-5(a), DFARS 212.301(f)(xii))
(a) Definitions. As used in this clause—
“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/uniqueid.html.
“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/ds/uniqueid.html.
(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
See Schedule as Applicable
(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
*Items less than $5000, which require UID, will be specifically identified in the schedule.
See Schedule as Applicable
(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 _____( or See Schedule as Applicable).
(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 _____( or See Schedule as Applicable).
(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or (iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.
(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 252.2327003. 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 ______, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(MAY 2024)
(IAW FAR 12.301(b)(4))
(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 products and commercial services:
(1) 52.20319,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. 113235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.20423, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 11591).
(3) 52.20425, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 89(a)(1)(A) of Pub. L. 115232).
(4) 52.20910, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(5) 52.2333, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.2334, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 10877, 10878 (19 U.S.C.
3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.] __ __ (1) 52.2036, Restrictions on Subcontractor Sales to the Government (JUN 2020), with
Alternate I (NOV 2021)(41 U.S.C. 4704 and 10 U.S.C. 4655).
__ __ (2) 52.20313, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.
3509).
__ __ (3) 52.20315, Whistleblower Protections Under the American Recovery and Reinvestment
Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 1115). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ __ (4) 52.20317, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community— see FAR 3.900(a).
__X __ (5) 52.20410, Reporting Executive Compensation and FirstTier Subcontract Awards (JUN
2020) (Pub. L. 109282) (31 U.S.C. 6101 note).
(6) [Reserved]
__ __ (7) 52.20414, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111117, section 743 of Div. C).
__ __ (8) 52.20415, Service Contract Reporting Requirements for IndefiniteDelivery Contracts (OCT 2016) (Pub. L. 111117, section 743 of Div. C).
__X __ (9) 52.20427, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117328).
__ __ (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and MultiAgency Contracts. (DEC 2023) (Pub. L. 115–390, title II).
__X __ (11) (i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).
__ __ (11) (ii) Alternate I (DEC 2023) of 52.204–30.
__X __ (12) 52.2096, Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment (NOV 2021) (31 U.S.C. 6101 note).
__ __ (13) 52.2099, Updates of Publicly Available Information Regarding Responsibility Matters
(OCT 2018) (41 U.S.C. 2313).
____ (14) [Reserved} __ __ (15) 52.2193, Notice of HUBZone SetAside or SoleSource Award (OCT 2022)(15 U.S.C.
657a).
__ __ (16) 52.2194, Notice of Price Evaluation Preference for HUBZone Small Business Concerns
(OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
(17) [Reserved] __ __ (18) (i) 52.2196, Notice of Total Small Business SetAside (NOV 2020)(15 U.S.C. 644).
__ __ (18) (ii) Alternate I (MAR 2020) OF 52.2196.
__ __ (19) (i) 52.2197, Notice of Partial Small Business SetAside (NOV 2020)(15 U.S.C. 644).
__ __ (19) (ii) Alternate I (MAR 2020) of 52.2197.
__ __ (20) 52.2198, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).
(21) (i) 52.2199, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).
__ __ (21) (ii) Alternate I (NOV 2016) of 52.2199.
__ __ (21) (iii) Alternate II (NOV 2016) of 52.2199.
__ __ (21) (iv) Alternate III (JUN 2020) of 52.2199.
(21) (v) Alternate IV (SEP 2023) of 52.2199.
__ (22) (i) 52.21913, Notice of SetAside of Orders (MAR 2020) (15 U.S.C. 644(r)).
__ (22) (ii) Alternate I (MAR 2020) of 52.21913.
__ (23) 52.21914, Limitations on Subcontracting (OCT 2022)(15 U.S.C. 657s).
__ __ (24) 52.21916, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.
637(d)(4)(F)(i)).
__ __ (25) 52.219–27, Notice of SetAside for, or SoleSource Award to, ServiceDisabled
VeteranOwned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).
__X __ (26) (i) 52.21928, PostAward Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).
(26) (ii) Alternate I (MAR 2020) of 52.21928.
__ __ (27) 52.21929, Notice of SetAside for, or SoleSource Award to, Economically
Disadvantaged WomenOwned Small Business Concerns (OCT 2022) (15 U.S.C.
637(m)).
__ __ (28) 52.21930, Notice of SetAside for, or SoleSource Award to, WomenOwned Small
Business Concerns Eligible Under the WomenOwned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).
(29) 52.21932, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.
644(r)).
(30) 52.21933, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).
__ __ (31) 52.2223, Convict Labor (JUN 2003)(E.O. 11755).
__X __ (32) 52.22219, Child Labor—Cooperation with Authorities and Remedies (FEB 2024) __ __ (33) 52.22221, Prohibition of Segregated Facilities (APR 2015).
__ __ (34) (i) 52.22226, Equal Opportunity (SEP 2016) (E.O. 11246)
(34) (ii) Alternate I (Feb 1999) of 52.22226.
__X __ (35) (i) 52.22235, Equal Opportunity for Veterans (JUN 2020)(38 U.S.C.
4212).
(35) (ii) Alternate I (JUL 2014) of 52.22235.
__X __ (36) (i) 52.22236, Equal Opportunity for Workers with Disabilities (JUN
2020) (29 U.S.C. 793).
(36) (ii) Alternate I (JUL 2014) of 52.22236.
__X __ (37) 52.22237, Employment Reports on Veterans (JUN 2020)(38 U.S.C. 4212).
__ __ (38) 52.22240, Notification of Employee Rights Under the National Labor Relations Act (DEC
2010) (E.O. 13496).
__X __ (39) (i) 52.22250, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and
E.O. 13627).
__ __ (39) (ii) Alternate I (MAR 2015) of 52.22250 (22 U.S.C. chapter 78 and E.O. 13627).
__ __ (40) 52.22254, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available offtheshelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ __ (41) (i) 52.2239, Estimate of Percentage of Recovered Material Content for EPADesignated Items (MAY 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available offtheshelf items.)
__ _ (41) (ii) Alternate I (MAY 2008) of 52.2239 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available offtheshelf items.)
__ __ (42) 52.22311, OzoneDepleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).
__ __ (43) 52.22312, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).
__ __ (44) 52.22320, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).
__ __ (45) 52.22321, Foams (JUN 2016) (42 U.S.C. 7671, et seq.).
__########### __ (46) 52.22323, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C.
8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
__X __ (47) (i) 52.2243, Privacy Training (JAN 2017) (5 U.S.C. 552a).
___ (47) (ii) Alternate I (JAN 2017) of 52.2443.
__ __ (48) (i) 52.2251, Buy AmericanSupplies (OCT 2022) (41 U.S.C. chapter 83).
___ (48) (ii) Alternate I (OCT 2022) of 52.2251.
__ __ (49) (i) 52.2253, Buy AmericanFree Trade AgreementsIsraeli Trade Act (NOV 2023) (19
U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 45014732), Public Law 103182, 10877, 10878, 108286, 108302, 10953, 109169, 109283, 110138, 11241, 11242, and 11243.
__ _ (49) (ii) Alternate I [Reserved].
__ _ (49) (iii) Alternate II (DEC 2022) of 52.2253.
__ _ (49) (iv) Alternate III (FEB 2024) of 52.2253.
__ _ (49) (v) Alternate IV (OCT 2022) of 52.2253.
__ __ (50) 52.2255, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__X __ (51) 52.22513, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury).
__ __ (52) 52.22526, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ __ (53) 52.2264, Notice of Disaster or Emergency Area SetAside (NOV 2007)(42 U.S.C. 5150).
__ __ (54) 52.2265, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov
2007)(42 U.S.C. 5150).
__X __ (55) 52.2268, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY
2024) (E.O. 13513).
__ __ (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).
__ __ (57) 52.23229, Terms for Financing of Purchases of Commercial Products and Commercial
Services (NOV 2021)(41 U.S.C. 4505, 10 U.S.C. 3805).
__ __ (58) 52.23230, Installment Payments for Commercial Products and Commercial Services
(NOV 2021)(41 U.S.C. 4505, 10 U.S.C. 3805).
__X __ (59) 52.23233, Payment by Electronic Funds Transfer—System for Award Management
(OCT 2018) (31.U.S.C. 3332).
__ __ (60) 52.23234, Payment by Electronic Funds Transfer—Other than System for Award
Management (JUL 2013)(31.U.S.C. 3332).
__ __ (61) 52.23236, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
__ __ (62) 52.2391, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
__ __ (63) 52.2425, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).
__ __ (64) (i) 52.24764, Preference for Privately Owned U.S.Flag Commercial Vessels (NOV 2021)
(46 U.S.C. 55305 and 10 U.S.C. 2631).
__ _ (64) (ii) Alternate I (APR 2003) of 52.24764.
(64) (iii) Alternate II (NOV 2021) of 52.24764.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.] __ __ (1) 52.22241, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
__ __ (2) 52.22242, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ __ (3) 52.22243, Fair Labor Standards Act and Service Contract Labor StandardsPrice
Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ __ (4) 52.22244, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ __ (5) 52.22251, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).
__ __ (6) 52.22253, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014)(41 U.S.C. chapter 67).
__ __ (7) 52.22255, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
__ __ (8) 52.22262, Paid Sick Leave Under Executive Order 13706. (Jan 2022) (E.O. 13706).
__ __ (9) 52.2266, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract and does not contain the clause at 52.2152, Audit and RecordsNegotiation.
(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.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) of this paragraph in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.20313, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).
(iii) 52.20319, 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. 113235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.20423, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.
11591).
(v) 52.20425, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115232).
(vi) 52.20427, Prohibition on a ByteDance Covered Application (June 2023) (Section 102 of Division R of Pub. L. 117328).
(vii)(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) (Pub. L. 115–390, title II).
(B) Alternate I (DEC 2023) of 52.204–30.
(viii) 52.2198, Utilization of Small Business Concerns (Sep 2023) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.2198 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.22221, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.22226, Equal Opportunity (Sep 2016) (E.O. 11246).
(xi) 52.22235, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) 52.22236, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).
(xiii) 52.22237, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xiv) 52.22240, 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 52.22240.
(xv) 52.22241, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(xvi) X (A) 52.22250, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (Mar 2015) of 52.22250 (22 U.S.C. chapter 78 E.O. 13627).
(xvii) 52.22251, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain EquipmentRequirements (May 2014) (41 U.S.C. chapter 67.)
(xviii) 52.22253, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain ServicesRequirements (May 2014) (41 U.S.C. chapter 67)
(xix) 52.22254, Employment Eligibility Verification (MAY 2022) (E. O. 12989).
(xx) 52.22255, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN
2022).
(xxi) 52.22262, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii) (A) 52.2243, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.2243.
(xxiii) 52.22526, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;
10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.2266, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.2266.
(xxv) 52.23240, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.23240.
(xxvi) 52.24764, Preference for PrivatelyOwned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.24764.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES) (AUG 2024)
(IAW FAR 13.302-5(d))
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.20319, 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. 113235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(ii) 52.20423, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 11591).
(iii) 52.20425, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115232).
(iv) 52.20427, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub.
L. 117328), unless the agency grants an exception see paragraph (b) of 52.20427.
(v) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) (Pub. L.
115–390, title II).
(vi) 52.2223, Convict Labor (JUN 2003) (E.O. 11755).
(vii) 52.22221, Prohibition of Segregated Facilities (APR 2015).
(viii) 52.22226, Equal Opportunity (SEP 2016) (E.O. 11246).
(ix) 52.22513, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(x) 52.23240, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(xi) 52.2333, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(xii) 52.2334, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 10877, 10878 (19 U.S.C.
3805 note).
(2) Listed below are additional clauses that apply:
(i) 52.2321, Payments (Apr 1984).
(ii) 52.2328, Discounts for Prompt Payment (Feb 2002).
(iii) 52.23211, Extras (Apr 1984).
(iv) 52.23225, Prompt Payment (Jan 2017).
(v) 52.23239, Unenforceability of Unauthorized Obligations (Jun 2013).
(vi) 52.2331, Disputes (May 2014).
(vii) 52.2446, Subcontracts for Commercial Products and Commercial Services (Dec 2023).
(viii) 52.2531, Computer Generated Forms (Jan 1991).
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.20317, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
(ii) 52.20410, Reporting Executive Compensation and FirstTier Subcontract Awards (Jun 2020)(Pub. L.
109282) ( 31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on…
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