FA812819R0002_Rv1_8Mar19.pdf

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Aging and Surveillance (A&S) for the AGM-86 Air Launched Cruise Missile (ALCM)
Solicitation number
FA812819R0002
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The purpose of this revision is to load updated RFP (Note on pg 4), PWS where the number of days for Service Summary #1 at Table 6 was changed, and to correct the same for RFP Addendum 4.

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RFP_ADDENDUM-1_PricingMatrix_AS_Rv2_2Apr19.xlsx XLSX spreadsheet
RFP_ADDENDUM-1_PricingMatrix_AS_Rv2_1APR19.xlsx XLSX spreadsheet
RFP_ADDENDUM-1_PricingMatrix_AS_Rv2_29Mar19.xlsx XLSX spreadsheet
AS_Engineering_Questions_and_Answers_27Mar19.pdf PDF
RFP_ADDENDUM-1_PricingMatrix_AS_Rv1_14Mar19.xlsx XLSX spreadsheet
FA812819R0002_Rv2_14Mar19.pdf PDF
A&S_Engineering_Questions_and_Answers_14Mar19.pdf PDF
PWS_Addendum_2_CDRLs_combined_v2.zip ZIP file
Attachment_1_AS_Follow-On_PWS-27Feb19_Executed.pdf PDF
Addendum4-A&S_OPTION-Year_Incentives.pdf PDF
Addendum4-A&S_OPTION-Year_Incentives.pdf PDF
Attachment_1_AS_FollowOn-PWS-27Feb19_Executed.pdf PDF
A&S_Engineering_Questions_and_Answers_06Mar19.pdf PDF
RFP_Addendum_2_GFP_FA812819R0002.pdf PDF
Attachment_5_MTS-8_Test_Station_Users_Manual.pdf PDF
Attachment_3_Government_Property.xls XLS spreadsheet
RFP_ADDENDUM-1_PricingMatrix_AS.xlsx XLSX spreadsheet
RFP_Addendum_3_GFP_Non_Serialized.pdf PDF
Attachment_14_GMFC_Program_Management_Plan.doc DOC document
Attachment_6_Environmental_Test_Plan_for_Impact_Sensor_FMU137A.pdf PDF
Attachment_11_Test_Requirement_for_Production.pdf PDF
Attachment_12_QASP-ADDENDUMS_I-IV_.pdf PDF
PWS_Addendum_2_CDRLs.pdf PDF
Attachment_4_Program_Management_Plan-NWSS_Test_Assets.pdf PDF
Attachment_1_AS_Follow-On_PWS-19Dec18_Executed.pdf PDF
Attachment_15_MTS8E_TSUM.pdf PDF
Attachment_13_Travel_Request_Worksheet.doc DOC document
Attachment_10_Environmental_Test_Plan_for_GMFC_DCU250A.pdf PDF
Attachment_2_Milestone_Payment_Schedule.docx DOCX document
Attachment_8_Environmental_Test_Plan_for_Warhead_Arming_Device-MAU191A.pdf PDF
RFP_Addendum_2_GFP_Serialized.pdf PDF
FA812819R0002_vf.pdf PDF
Attachment_7_Environmental_Test_Plan_for_Rotary_Switch_SWU58A-002.pdf PDF
PWS_Addendum_I_Basic_DESP_III_PWS-ref_only.pdf PDF
Attachment_9_Age_Sensitivity_item_Analysis_Report_GMFC-DCU250A.pdf PDF
PWS_Addendum_3_DIDs.pdf PDF
Attachment_16_A-S_Transition_Plan.pdf PDF
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AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)

PREVIOUS EDITION NOT USABLE Prescribed by GSA – FAR (48 CFR) 53/214(c)

8. ADDRESS OFFER TO (If other than Item 7)7. ISSUED BY

DEPARTMENT OF THE AIR FORCE, AFNWC PZN

7330 SENTRY BLVD BLDG 469

TINKER AFB OK 73145-9093

BUYER: Courteney Gill/AFNWC/PZNT courteney.gill@us.af.mil Phone: (405) 739- 8830 No Collect Calls

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

SOLICITATION

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in until 3:00 (Hour) local time 1-APR-2019 (Date).

CAUTION- LATE Submissions, Modifications, and Withdrawals: Section L, Provision No 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this section.

A. NAME

Courteney Gill

10. FOR INFORMATION

CALL:

C. E-MAIL ADDRESS

courteney.gill@us.af.mil

B. TELEPHONE (NO COLLECT CALLS)

(405 ) 739 -8830

FA8128

11. TABLE OF CONTENTS

Sec.SEC. (X)(X) DESCRIPTION PAGE(S)DESCRIPTON PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

SUPPLIES OR SERVICES AND

SOLICITATION/CONTRACT FORM I

B

A

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER

X

X

X CONTRACT CLAUSES

MH X EVALUATION AND FACTORS FOR AWARDSPECIAL CONTRACT REQUIREMENTS

C

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS/WORK STATEMENT

L

K

J

G

F

E

D

X

PART IV - REPRESENTATIONS AND INSTRUCTIONS

X

X

X

X

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

LIST OF ATTACHMENTS

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

28. AWARD DATE

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

X

24. ADMINISTERED BY (If other than Item 7) SCD:B 25. PAYMENT WILL BE MADE BY CODE

(SEE ESP CLAUSE 252.232-7003.)

20. AMOUNT

5. DATE ISSUED 6.REQUISITION/PURCHASE NO4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. SOLICITATION NO.

FA8128-19-R-0002

2. CONTRACT NO.

Page of Page

RATING

DO:A1

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15CFR 7900)

SOLICITATION, OFFER AND AWARD JS

21. ACCOUNTING AND APPROPRIATION

SEE SCHEDULE

13. DISCOUNT FOR PROMPT PAYMENT(See Section I, Clause No 52.232-8)

10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 40 calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 253 (c)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

16. NAME AND TITLE OF PERSON

AUTHORIZED TO SIGN OFFER (Type or print)

CODE FACILITY

15A. NAME AND

ADDRESS OF

OFFEROR

17. SIGNATURE15C.CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE-ENTER

SUCH ADDRESS IN SCHEDULE.

ITEM

19. ACCEPTED AS TO ITEMS

AWARD (To be completed by Government)

18. OFFER DATE15B. TELEPHONE NO.

(Include Area Code)

14. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:

DATEAMENDMENT NO.DATEAMENDMENT NO.

FA8128-19-R-0002

SUPPLIES OR SERVICES AND PRICES/COSTS

The Contractor shall provide services as defined in the attached Performance Work Statement (PWS) for the Engineering and Analysis Support for Sustainability of the Air Launched Cruise Missile (ALCM) Aging & Surveillance Laboratory Test Program (A&S) with an 18 (eight-teen) month basic contract period, 8 (eight) one-year option periods, and a 6 (six) month option to extend services.

1) Ordering Period: The basic period will begin upon date of contract award. Option periods will be awarded at the Government’s discretion. Please note the period of performance dates below may vary based on the contract award date, and will be updated upon contract award.

Basic: 01 Jul 19 – 31 Dec 20 Option 1: 01 Jan 21 – 31 Dec 21 Option 2: 01 Jan 22 – 31 Dec 22 Option 3: 01 Jan 23 – 31 Dec 23 Option 4: 01 Jan 24 – 31 Dec 24 Option 5: 01 Jan 25 – 31 Dec 25 Option 6: 01 Jan 26 – 31 Dec 26 Option 7: 01 Jan 27 – 31 Dec 27 Option 8: 01 Jan 28 – 31 Dec 28 Option 9: 01 Jan 29 – 30 Jun 29 (six months)

2) Line Item Structure: The following identifiers represent the year/CLIN number sequence in effect during each period of contract performance as set forth above under the "Ordering Period". The numbers will be used in combination with the line item numbers (for example X001), which are established in the left margin of the Line item Schedule under the CLIN heading:

Basic: 0XXX Option 1: 1XXX Option 2: 2XXX Option 3 – 9 to be represented in the same manner as above Sub-Contract Line Item Numbers (SLINs) may be established under any CLIN to accommodate various Accounting Classifications.

3) CLIN Summary:

X001: Recurring Engineering Services, FFP X002: Engineering Data Requirements - Not Separately Priced X003: Travel, CR X004: Over and Above – Non-Recurring, FFP X005: Transition, FFP X006: PMP Revision/Post CA Test Adjustment – Non-Recurring

4) Estimated Milestone/Payment Schedules: This acquisition is for a Firm-Fix-Price Contract IAW FAR 15.3. The total scope of effort which is set forth in the attached Performance Work Statement. The Milestone Table Draft for Recurring and Non-Recurring work is below and shall be updated for proposed effort

5) Proposal Adequacy Checklist: IAW DFARS 252.215-7009 the Offeror shall complete the proposal adequacy checklist, and return it with the proposal.

NOTE: At PWS para 5.1 please be advised that Table 5 is representative of the projected travel which may be required each year throughout the performance of the contract.

Milestones for CLIN 0001

Proposed Major Milestone Payment/Schedule for Basic Year**:

* Review Notes below

MILESTONE MAJOR TASK ESTIMATED

COMPLETION

DATE

PAYMENT

1. MTS-8 (Service STAR Test Set) sustainment TBN

2. Site Preparation Requirements and Installation Plan TBN

3. Monthly Report on Transition progress TBN

4. Completion of GMFC Component Tests ** TBN

5. Completion of Impact Sensor Tests ** TBN

6. Completion of Rotary Switch Tests ** TBN

7. Completion of Warhead Arming Device Tests ** TBN

8. MTS-8 spares support ** TBN

9. CTS Test Equip Install/Checkout ** TBN

10. A&S Test Complex O&M (HW and SW) ** TBN

11. Test Asset Environmental Storage ** TBN

12. MTS-8E (GMFC Test Set) O&M ** TBN

13. MTS-8E sustainment ** TBN

14. A&S Data Set Mgmt ** TBN

15. Test Data Incorporation ** TBN

16. Investigative Analysis ** TBN

17. Contract Transition Support (outgoing) ** TBN

18. Exchange of CY20XX Field Samples Test ** TBN

19. Quarterly RMF Support/Reporting ** TBN

Total Milestones TBD Travel (NTE) TBD

ALCM A&S Total TBD

NOTE 1: Milestones 4 thru 19 may occur out of order due to timing of receipt of test components (GFE) or defective test equipment (GFE). In this event or similar Government caused delay, the estimated completion dates for referenced items may be rearranged during the course of the performance period.

NOTE 2: *For ALL Task; validate performance IAW relevant CDRL

NOTE 3: ** Table above is to be utilized for the Base Period of Performance. The Offeror shall determine a like Table for each Option Period projected.

Estimated Milestones for O&A Studies:

MILESTONE STUDY/TASK PAYMENT

1.* ASIA Report 1 TBN 2.* ASIA Report 2 TBN

3.* ASIA Report 3 TBN

4. Flight Test Investigation Support TBN

5. Corrective Action PMP Revision #1 TBN

6. Corrective Action PMP Revision #2 TBN

7. Post Corrective Action Test Adjustment #1 TBN

8. Post Corrective Action Test Adjustment #2 TBN

Subtotal A&S Non-Recurring Estimated TBN % Profit/Fee TBN Travel (NTE) TBN

Total: A&S O&A Study Estimated TBN

* For Future Option Years Milestones are planned by the Government with Offeror input and may occur out of order due to availability of test components (GFE).

6) Manpower Reporting and Identification Requirement:

a. Contractor Manpower Reporting: The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the USAF via a secure data collection site. The contractor is required to completely fill in all required data fields at https://www.ecmra.mil/Default.aspx . Reporting inputs will be for the labor executed during the period of performance for each Government fiscal year (FY), which runs 1 October through 30 September. While inputs may be reported any time during the FY, all data shall be reported no later than 31 October* of each calendar year. Contractors may direct questions to the CMRA help desk. *Reporting Period: Contractors are required to input data by 31 October of each year.

b. Identification Requirement: “Contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. In addition, contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.”

(7) For the purpose of Offeror Proposal; Contractor shall utilize both the RFP Document and RFP Addendum I Pricing Matrix. The exclusion of either may result in the Offeror being found Non-Responsive

Note: This note brings special attention to the PWS at para 3.1.9.4 wherein the Offeror is required to address scenarios as part of the Technical Proposal

RECURRING- ENGINEERING SERVICES

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

RECURRING- ENGINEERING SERVICES

1 EA

R425 Recurring - Engineering Services Engineering Services in support of the Air Launched Cruise Missile Laboratory Test Program.

Place of Perf Quantity (U/I) Beginning Specified Date

Ending On or Before

Req No / Pri

Required Period of Performance

1 EA 1 JUL 2019 31 DEC 2020

Proposed Period of Performance

1 EA

ENGINEERING DATA REQUIREMENTS

Item No.

Not Separately Priced Quantity U/I Unit Price

1 EA NSP

R425

ENGINEERING DATA REQUIREMENTS

ENGINEERING DATA REQUIREMENTS: In accordance with the requirements set forth on relevant CDRLs which are included as attachments per section J.

Place of Perf Quantity (U/I) Specified Date On or Before Req No / Pri

Required Period of Performance

1 EA 1 JUL 2019 31 DEC 2020

Proposed Period of Performance

1 EA

TRAVEL

Item No.

Cost Reimbursement - No Fee Quantity U/I Est Unit Cost Total Estimated Cost

1 EA

NSN: R425

TRAVEL

Cost Reimbursement travel costs associated with efforts performed under CLIN 0001 IAW Joint Travel Regulation

(JTR)

Type / Ship To Quantity (U/I) Specified Date On or Before Req No / Pri

TRAVEL

Required Delivery

1 EA 1 JUL 2019 31 DEC 2020

Proposed Delivery

1 EA

OVER AND ABOVE - NON RECURRING

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 EA

NSN: R425

Over & Above Non-Recurring The contractor shall perform over and above tasks as directed by the PCO.Non-recurring services within scope of the Performance Work Statement (PWS).

Place of Perf Quantity (U/I) Specified Date On or Before Req No / Pri

Required Period of Performance

1 EA 1 JUL 2019 31 DEC 2020

Proposed Period of Performance

1 EA

Item No.

0004AA

Not Separately Priced Quantity U/I Unit Price

EA NSP

NSN: R425

Unfunded Special Investigative Task #1 IAW PWS Para 3.1.9

Item No.

0004AB

Not Separately Priced Quantity U/I Unit Price

1 EA NSP

NSN: R425

Unfunded Special Investigative Task #2

IAW PWS 3.1.9

Item No.

0004AC

Not Separately Priced Quantity U/I Unit Price

EA NSP

NSN: R425

Unfunded Special Investigative Task #3 IAW PWS Para 3.1.9

TRANSITION

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 EA

NSN: R425

Transistion Transition of equipment and test units.

Exception to full PoP time is the immediate requirement for the facility, immediate requirement of Service STAR Maintenance, test equipment set-up, and test assets storage.

Type / Ship To Quantity (U/I) *ARO Written Notice of Award

_ Req No / Pri

Required Delivery

1 EA *120 Calendar Days

Proposed Delivery

1 EA

Corrective Action/Post Test Adjustment

Item No.

Not Separately Priced Quantity U/I Unit Price

EA NSP

NSN: R425

Corrective Action/Post Test Adjustment Corrective Action PMP Revision Post Corrective Action Test Adjustment The Contractor shall revise the ALCM A&S Test Program Management Plan to reflect an accelerated exchange of pipeline and contingency spare assets with the new LRU configuration. The Contractor shall keep in consideration, the scheduled 6-year heavy maintenance cycle levied on field maintenance activity. Should the Government enact corrective actions on any of the LRU configurations tested under this contract, two configurations (populations) of the LRU will exist, the old being phased out and the new being phased in. Typically, this exchange would take place during the ALCM's scheduled 6-year heavy maintenance cycle. Only estimated for purpose of evaltion.

Corrective Action PMP Revision

Item No.

0006AA

Not Separately Priced Quantity U/I Unit Price

Corrective Action PMP Revision

1 NSP

NSN: R425

Corrective Action PMP Revision Corrective Action PMP Revision

Post Corrective Action Test Adjustment

Item No.

0006AB

Not Separately Priced Quantity U/I Unit Price

EA NSP

NSN: R425

Post Corrective Action Test Adjustment Post Corrective Action Test Adjustment

RECURRING - ENGINEERING SERVICES

Option Year 1

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 EA

R425 Recurring - Engineering Services Engineering Services in support of the Air Launched Cruise Missile Laboratory Test Program.

Place of Perf Quantity (U/I) Specified Date On or Before Req No / Pri

Required Period of Performance

1 EA 1 JAN 2021 31 DEC 2021

Proposed Period of Performance

1 EA

RECURRING - ENGINEERING SERVICES

Option Year 2

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 EA

NSN: R425

Recurring - Engineering Services Engineering Services in support of the Air Launched Cruise Missile Laboratory Test Program.

Place of Perf Quantity (U/I) Specified Date On or Before Req No / Pri

Required Period of Performance

1 EA 1 JAN 2022 31 DEC 2022

RECURRING - ENGINEERING SERVICES

Option Year 2

Proposed Period of Performance

1 EA

RECURRING - ENGINEERING SERVICES

Option Year 3

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 EA

NSN: R425

Recurring - Engineering Services Engineering Services in support of the Air Launched Cruise Missile Laboratory Test Program.

Place of Perf Quantity (U/I) Specified Date On or Before Req No / Pri

Required Period of Performance

1 EA 1 JAN 2023 31 DEC 2023

Proposed Period of Performance

1 EA

RECURRING - ENGINEERING SERVICES

Option Year 4

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 EA

NSN: R425

Recurring- Engineering Services Engineering Services in support of the Air Launched Cruise Missile Laboratory Test Program.

Place of Perf Quantity (U/I) Specified Date On or Before Req No / Pri

Required Period of Performance

1 EA 1 JAN 2024 31 DEC 2024

Proposed Period of Performance

1 EA

RECURRING - ENGINEERING SERVICES

Option Year 5

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 EA

RECURRING - ENGINEERING SERVICES

Option Year 5

NSN: R425

Recurring - Engineering Services Engineering Services in support of the Air Launched Cruise Missile Laboratory Test Program.

Type / Ship To Quantity (U/I) Specified Date On or Before Req No / Pri

Required Delivery

1 EA 1 JAN 2025 31 DEC 2025

Proposed Delivery

1 EA

RECURRING - ENGINEERING SERVICES

Option Year 6

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 EA

NSN: R425

Recurring - Engineering Services Engineering Services in support of the Air Launched Cruise Missile Laboratory Test Program.

Type / Ship To Quantity (U/I) Specified Date On or Before Req No / Pri

Required Delivery

1 EA 1 JAN 2026 31 DEC 2026

Proposed Delivery

1 EA

RECURRING - ENGINEERING SERVICES

Option Year 7

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 EA

NSN: R425

Recurring - Engineering Services Engineering Services in support of the Air Launched Cruise Missile Laboratory Test Program.

Place of Perf Quantity (U/I) Specified Date On or Before Req No / Pri

Required Period of Performance

1 EA 1 JAN 2027 31 DEC 2027

Proposed Period of

RECURRING - ENGINEERING SERVICES

Option Year 8

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 EA

NSN: R425

Recurring - Engineering Services Engineering Services in support of the Air Launched Cruise Missile Laboratory Test Program.

Type / Ship To Quantity (U/I) Specified Date On or Before Req No / Pri

Required Delivery

1 EA 1 JAN 2028 31 DEC 2028

Proposed Delivery

1 EA

RECURRING - ENGINEERING SERVICES

Option Year 9

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 EA

NSN: R425

Recurring - Engineering Services Engineering Services in support of the Air Launched Cruise Missile Laboratory Test Program.

Place of Perf Quantity (U/I) Specified Date On or Before Req No / Pri

Required Period of Performance

1 EA 1 JAN 2029 30 JUN 2029

Proposed Period of

CONTRACT CLAUSES

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011)

(IAW DFARS 203.171-4(a), DFARS 212.301(f)(ii))

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)

(IAW DFARS 203.1004(a), DFARS 212.301(f)(iii))

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991)

(IAW DFARS 205.470, DFARS 212.301(f)(x))

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

(IAW DFARS 211.274-6(a)(1), 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 http://www.acq.osd.mil/dpap/pdi/uid/iuid/equivalents.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 http://www.acq.osd.mil/dpap/pdi/uid/uii_types.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 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/ .

(2) Embedded items shall be reported by one of the following methods—

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number ______, 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 ITEMS (JAN 2019)

(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 items:

(1) 52.203-19,Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (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 items:

[Contracting Officer check as appropriate.] __X __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct

1995)(41 U.S.C. 4704 and 10 U.S.C. 2402).

__X __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

__ __ (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__X __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved] __ __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of

Div. C).

__ __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

(Pub. L. 111-117, section 743 of Div. C).

__X __ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

__X __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

(41 U.S.C. 2313).

____ (10) [Reserved} __ __ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)(15 U.S.C. 657a).

__ __ (11) (ii) Alternate I (Nov 2011) of 52.219-3.

__ __ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct

2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

__ _ (12) (ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved]

__ __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011)(15 U.S.C. 644).

__ __ (14) (ii) Alternate I (Nov 2011).

__ __ (14) (iii) Alternate II (Nov 2011).

__ __ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).

__ __ (15) (ii) Alternate I (Oct 1995) of 52.219-7.

__ __ (15) (iii) Alternate II (Mar 2004) of 52.219-7.

__X __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

__ __ (17) (ii) Alternate I (Nov 2016) of 52.219-9.

__ __ (17) (iii) Alternate II (Nov 2016) of 52.219-9.

__ __ (17) (iv) Alternate III (Nov 2016) of 52.219-9.

(17) (v) Alternate IV (Aug 2018) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__X (19) 52.219-14, Limitations on Subcontracting (Jan 2017)(15 U.S.C. 637(a)(14)).

__X __ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ __ (21) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011)(15 U.S.C. 657 f).

__X __ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ __ (23) 52.219-29, Notice of Set-Aside for, or Sole source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (1 U.S.C. 637(m)).

__ __ (24) 52.219-30, Notice of Set-Aside for, or Sole source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

__X __ (25) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

__X __ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

__X __ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__X __ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246

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

__X __ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

(29) (ii) Alternate I (July 2014) of 52.222-35.

__X __ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul

2014) (29 U.S.C. 793).

(30) (ii) Alternate I (July 2014) of 52.222-36.

__X __ (31) 52.222-37, Employment Reports on Veterans (Feb 2016)(38 U.S.C. 4212).

__X __ (32) 52.222-40, Notification of Employee Rights Under the National Labor relations Act (Dec 2010) E.O.

13496).

__X __ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ __ (33) (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ __ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ __ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ _ (35) (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ __ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June 2016) (E.O. 13693).

__ __ (37) 52.223-12, Maintenance, Service, repair, or Disposal of Refrigeration Equipment and Air Conditioners (June 2016) (E.O.13693).

__ _ (38) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ _ (38) (ii) Alternate I (Oct 2015) of 52.223-13.

__ _ (39) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ _ (39) (ii) Alternate I (Jun 2014) of 52.223-14.

__ __ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42.U.S.C. 8259b).

__ __ (41) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s

13423 and 13514).

__ _ (41) (ii) Alternate I (Oct 2015) of 52.223-16.

__X __ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

(E.O.13513).

__ __ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) __ __ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__X __ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (45) (ii) Alternate I, (Jan 2017) of 52.244-3.

__ __ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

__ __ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

__ _ (47) (ii) Alternate I (May 2014) of 52.225-3.

__ _ (47) (iii) Alternate II (May 2014) of 52.225-3.

__ _ (47) (iv) Alternate III (May 2014) of 52.225-3.

__ __ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X __ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury).

__ __ (50) 52.225-26, 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. 2302 Note).

__ __ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C. 5150).

__ __ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42

U.S.C. 5150).

__ __ (53) 52.232-29, Terms for financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 4505, 10

U.S.C. 2307(f)).

__ __ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017)(41 U.S.C. 4505, 10 U.S.C.

2307(f)).

__X __ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018)

(31.U.S.C. 3332).

__ __ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management

(Jul 2013)(31.U.S.C. 3332).

__ __ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ __ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__X __ (59) 52.242-5, Payment to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

__ __ (60) (i) 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).

__ _ (60) (ii) Alternate I (Apr 2003) of 52.247-64.

(60) (iii) Alternate II (Feb 2006) of 52.247-64.

(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 items:

[Contracting Officer check as appropriate.] __X __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

__X __ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__X __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

__ X __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ __ (5) 52.222-44, 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).

__ __ (6) 52.222-51, 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).

__ __ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014)(41 U.S.C. chapter 67).

__X __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__X __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706. (Jan 2017) (E.O. 13706).

__ __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (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, 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.

(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 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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow Down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

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

13627).

__ __(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, 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).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, 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. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

Flow down required in accordance with paragraphs (e) of FAR clause 52.226-6.

(xxii) 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.

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-O0003) (DEC 2018)

(IAW FAR 19.508(c))

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2019-O0003) (DEC 2018)

(IAW FAR 19.508(e), FAR 19.811-3(e))

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS) (DEC 2018)

(IAW DFARS 219.708(b)(1)(A), DFARS 219.708(b)(1)(A)(1))

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

(IAW DFARS 223.7306, DFARS 212.301(f)(xxi))

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC (DEC 2017)

(IAW DFARS 225.1101(2)(i) and (2)(ii))

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017)

(IAW DFARS 225.7002-3(a))

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND

NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)

(IAW DFARS 226.104)

252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (FEB 2014)

(IAW DFARS 227.7102-4(b), DFARS 227.7103-6(a))

(e) (3) The Contractor asserts for itself, or the persons identified below, that the Government's rights to use, release, or disclose the following technical data should be restricted—

Technical Data to be Furnished With Restrictions*

Basis for Assertion**

Asserted Rights Category***

Name of person Asserting Restrictions****

(LIST) (LIST) (LIST) (LIST)

*If the assertion is applicable to items, components, or processes developed at private expense, identify both the data and each such item, component, or process.

**Generally, the development of an item, component, or process at private expense, either exclusively or partially, is the only basis for asserting restrictions on the Government's rights to use, release, or disclose technical data pertaining to such items, components, or processes. Indicate whether development was exclusively or partially at private expense. If development was not at private expense, enter the specific reason for asserting that the Government's rights should be restricted.

***Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in SBIR data generated under another contract, limited or government purpose rights under this or a prior contract, or specifically negotiated licenses).

****Corporation, individual, or other person, as appropriate.

Date ___________________________________ Printed Name ___________________________________ and Title ___________________________________ Signature ___________________________________

(End of identification and assertion)

(f) (2) Government purpose rights markings.

Data delivered or otherwise furnished to the Government purpose rights shall be marked as follows:

GOVERNMENT PURPOSE RIGHTS

Contract No __________________________________ Contractor Name __________________________________ Contractor Address

Expiration Date __________________________________

The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph (b)(2) of the Rights in Technical Data--Noncommercial Items clause contained in the above identified contract. No restrictions apply after the expiration date shown above. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings.

(End of Legend)

(3) Limited rights markings.

Data delivered or otherwise furnished to the Government with limited rights shall be marked with the following legend:

LIMITED RIGHTS

Contract No __________________________________ Contractor Name __________________________________ Contractor Address __________________________________

The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph (b)(3) of the Rights in Technical Data--Noncommercial Items clause contained in the above identified contract. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings. Any person, other than the Government, who has been provided access to such data must promptly notify the above name Contractor.

(End of legend)

(4) Special license rights markings.

(i) Data in which the Government's rights stem from a specifically negotiated license shall be marked with the following legend:

SPECIAL LICENSE RIGHTS

The Government's rights to use, modify, reproduce, release, perform, display, or disclose these data are restricted by Contract No. __________ (Insert contract number)_______, License No. __________ (Insert license identifier)______. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings.

(End of legend)

252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (SEP 2016)

(IAW DFARS 227.7102-4(c), DFARS 227.7103-6(e)(3), DFARS 227.7104(e)(5), DFARS 227.7203-6(f))

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018)

(IAW DFARS 232.7004(a))

(a) Definitions. As used in this clause— “Contract financing payment” means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government.

(1) Contract financing payments include—

(i) Advance payments;

(ii) Performance-based payments;

(iii) Commercial advance and interim payments;

(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress Payments;

(v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used.

(2) Contract financing payments do not include—

(i) Invoice payments;

(ii) Payments for partial deliveries; or

(iii) Lease and rental payments.

“Electronic form” means any automated system that transmits information electronically from the initiating system to affected systems.

“Invoice payment” means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.

(1) Invoice payments include—

(i) Payments for partial deliveries that have been accepted by the Government;

(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;

(iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25, Prompt Payment, is used.

(2) Invoice payments do not include contract financing payments.

“Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order.

“Receiving report” means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement.

(b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order.

(c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats:

(1) Electronic Data Interchange.

(2) Secure File Transfer Protocol.

(3) Direct input through the WAWF website.

(d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when—

(1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment on a contract or task or delivery order for rendered health care services using the TRICARE Encounter Data System; or

(4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required.

(e) Information regarding WAWF is available at https://wawf.eb.mil/.

(f) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(IAW DFARS 232.7102)

252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL (JUN 2013)

(IAW DFARS 237.173-5)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

(IAW DFARS 243.205-71)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

(IAW DFARS 244.403)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC (APR 2014)

(IAW DFARS 247.574(b))

ADDENDUM TO CLAUSE 52.212-4

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(IAW DFARS 201.602-70)

5352.201-9101 OMBUDSMAN (JUN 2016)

(IAW AFFARS 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, employee-employer actions, contests of OMB Circular A-76 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 Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(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.

52.203-3 GRATUITIES (APR 1984)

(IAW FAR 3.202)

52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)

(IAW FAR 3.1004(b), DFARS 203.1004(b)(2)(ii))

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from ------------------ [For DoD:] DoD Inspector General, ------------------ ATTN: Defense Hotline, ------------------ 400 Army Navy Drive ------------------ Washington, DC 22202-2884

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)

(IAW FAR 3.1106)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(IAW FAR 3.908-9)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)

(IAW DFARS 203.970)

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

(IAW FAR 4.103)

This contract is subject to the written approval of (designated agency official) and shall not be binding until so approved.

This clause is applicable at various dollar levels for specific activities. If this contract requires approval at a level above the Contracting Officer in accordance with agency procedures, such approval will be shown on the cover page of the contract at the time of…

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