FA813924Q0001.pdf

above and on

Combined Synopsis/Solicitation

(IAW FAR 12.603)

Solicitation Number: FA813924Q0001 VDATS Instrument Repair

This is a combined synopsis/solicitation for commercial items prepared in accordance with the formats in Subpart 12.6 and Subpart 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This solicitation is being issued as Request for Quote (RFQ) IAW FAR Part 13.

The Air Force Sustainment Center (AFSC/PZIMB) at Tinker Air Force Base Oklahoma, intends to award a sole-source firm fixed price contract for the acquisition of the items listed below.

CLIN Description Quantity Unit of Issue Period of

Performance 0001 Function Generators, Part number 360-843-

04/AFG3102C OPT-A0-L0, NSN: 6625-01-619-6022

6 EA 08 Nov 2023 - 08 Jan 2024

0002 Oscilloscope, Part Number 360-051-02/DPO7104C, NSN: 6625-01-617-0411

2 EA 08 Nov 2023 -

0003 Digital Instrument Channel Card, Part Number DI-025-

048, NSN: 6625-01-678-0513

9 EA 08 Nov 2023 -

0004 4 Module Bus Test Instrument, Part Number BI-410-00, NSN: 5998-01-529-3681

3 EA 08 Nov 2023 -

0005 Electrical Chassis, Part Number 854-215-00, NSN:

5988-01-622-2057

2 EA 08 Nov 2023 -

“Notice to Vendor: The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse a vendor for any costs.”

Vendor is required to “wet” sign/date and fill in the vendor information, delivery and pricing on page 2, complete the CLIN Unit Pricing on page 3, the clause 52.209-11 on page 32, the clause 52.204-24 on page 30, and the clause 52.204-26 on page 31.

Please return 1 signed copy to the issuing office. Contractor agrees to provide all products set forth or otherwise identified any additional sheets subject to the terms and conditions specified herein.

VENDOR SHOULD PROVIDE A COMPANY QUOTATION SHEET IN CONJUNCTION WITH THIS RESPONSE PAGE. The quotation sheet must provide adequate documentation showing that the item being quoted meets the specifications listed in the Item Description in order to be considered for award.

Quotation Submission Information:

Quotations are due by 02 Nov 2023, 2:00 PM, Tinker AFB OK Central Daylight Time (CDT). Contact the following individuals for information regarding this solicitation:

NOTE: Emailed quotations are preferred Alaina Hill Kyle Newcomb Contract Specialist Contracting Officer alaina.hill@us.af.mil kyle.newcomb@us.af.mil

EVALUATION OF RESPONSES:

Award will be conducted and evaluated under the provisions of FAR Part 12 Commercial Items and FAR Part 13, Simplified Acquisition Procedures.

The responsible vendors must be registered in the System for Award Management (SAM) database (available at:

https://sam.gov/content/home. Lack of registration in SAM will qualify the contractor as ineligible for award.

Contract award will be made to the vendor who is technically acceptable with the lowest evaluated price. Vendors must be authorized to perform repairs on the proprietary equipment to be considered for award. If unauthorized, the proposal will be found technically unacceptable and unawardable.

mailto:alaina.hill@us.af.mil mailto:kyle.newcomb@us.af.mil

REQUISITION

NUMBER:

F3YCEB3265A101

SOLICITATION

NUMBER

FA813924Q0001

SOLICITATION ISSUE DATE:

23 Oct 2023

SOLICITATION

02 Nov 2023

DUE DATE:

THIS ACQUISITION IS: SIZE STD: FEDERAL SUPPLY CLASS:

$34,000,000.00 J066

Full and Open Competition

NAICS: DELIVERY:

100% Small Business Set Aside

811210 SEE ITEM DESC

DPAS RATING:

FOB DESTINATION

FOB ORIGIN

Sole Source

METHOD OF

SOLICITATION:

REQUEST FOR QUOTE

1. VENDOR INFORMATION

BUSINESS NAME:

STREET ADDRESS: CITY, STATE, ZIP:

CAGE CODE and UEID:

BUSINESS WEB ADDRESS:

CONTACT PERSON:

TELEPHONE: FAX:

E-MAIL:

2. Pricing Information and Certification of Response

Total Proposed Unit Price: Proposed Delivery Date:

Vendor’s Authorized Representative's Signature Date

Type or Print Name Position or Title

Vendor is Required to fill-in pages mentioned on Page 1. Please “wet” sign page 2 of this solicitation, and return 1 copy to issuing office. Vendor agrees to furnish and deliver all items set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.

X

X

Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Function Generators, Part number 360-843-04/AFG3102C OPT-A0-

L0, NSN: 6625-01-619-6022

Product Service Code: J066 Pricing Arrangement: Firm Fixed Price

6 Each

Oscilloscope, Part Number 360-051-02/DPO7104C, NSN: 6625-01- 617-0411

Product Service Code: J066 Pricing Arrangement: Firm Fixed Price

2 Each

Digital Instrument Channel Card, Part Number DI-025-048, NSN:

6625-01-678-0513

Product Service Code: J066 Pricing Arrangement: Firm Fixed Price

9 Each

4 Module Bus Test Instrument, Part Number BI-410-00, NSN: 5998- 01-529-3681

Product Service Code: J066 Pricing Arrangement: Firm Fixed Price

3 Each

Electrical Chassis, Part Number 854-215-00, NSN: 5988-01-622-2057

Product Service Code: J066 Pricing Arrangement: Firm Fixed Price

2 Each

Description/Specifications/Statement of Work

Requirements The Contractor shall provide equipment, material, and parts necessary to perform the One time Off-Base Versatile Depot Automatic Test Station Instrument Repair for the Oklahoma City-Air Logistics Complex (OC-

ALC).

The Contractor shall be responsible for ensuring all parts and Original Equipment Manufacturer (OEM) components provided under this contract are in accordance with (IAW) the terms and conditions outlined herein, conform to the manufacturers equipment specifications and this PWS.

Packaging and Marking

Inspection and Acceptance

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. Apr 2012

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Standard commercial inspection/acceptance; contact POC for questions regarding inspection/acceptance.

DoDAAC: F3YCEB CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES, 3001 STAFF DR DOOR G70 POST N68

TINKER AFB, OK 73145-3303

UNITED STATES

Services Team Email: OCALC.OBCB.ServicesSurveillanc@us.af.mil Telephone: 405-736-2247

Inspection and Acceptance Location

Both Destination Instructions: Standard commercial inspection/acceptance; contact POC for questions regarding inspection/acceptance.

DoDAAC: F3YCEB CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES, 3001 STAFF DR DOOR G70 POST N68

TINKER AFB, OK 73145-3303

UNITED STATES

Services Team Email: OCALC.OBCB.ServicesSurveillanc@us.af.mil Telephone: 405-736-2247

Inspection and Acceptance Location

Both Destination Instructions: Standard commercial inspection/acceptance; contact POC for questions regarding inspection/acceptance.

DoDAAC: F3YCEB CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES, 3001 STAFF DR DOOR G70 POST N68

TINKER AFB, OK 73145-3303

UNITED STATES

Services Team Email: OCALC.OBCB.ServicesSurveillanc@us.af.mil Telephone: 405-736-2247

Inspection and Acceptance Location

Both Destination Instructions: Standard commercial inspection/acceptance; contact POC for questions regarding inspection/acceptance.

DoDAAC: F3YCEB CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES, 3001 STAFF DR DOOR G70 POST N68

TINKER AFB, OK 73145-3303

UNITED STATES

Services Team Email: OCALC.OBCB.ServicesSurveillanc@us.af.mil Telephone: 405-736-2247

Inspection and Acceptance Location

Both Destination Instructions: Standard commercial inspection/acceptance; contact POC for questions regarding inspection/acceptance.

DoDAAC: F3YCEB CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES, 3001 STAFF DR DOOR G70 POST N68

TINKER AFB, OK 73145-3303

UNITED STATES

Services Team Email: OCALC.OBCB.ServicesSurveillanc@us.af.mil Telephone: 405-736-2247

Deliveries or Performance

1. INSURANCE INFORMATION The following insurance amounts are required by FAR Clause 52.228-5 - Insurance Work on A Government Installation that is incorporated in full text in this solicitation. (a) Workers' compensation and employer's liability. Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (See 28.305

(c) for treatment of contracts subject to the Defense Base Act.) (b) General liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. (2) Property damage liability insurance shall be required only in special circumstances as determined by the agency. (c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per personand$500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

2. CONTRACT HOLIDAYS (a) The prices/costs in Section B of the contract holiday observances; accordingly, the Government will not be billed for such holidays, except when services are required by the Government and are actually performed on a holiday. Holidays in addition to those reflected in this contract, which are designated by the Government, will be billable provided the assigned Contractor employee was available for performance and was precluded from such performance. (b) The following days are contract holidays: New Years Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day, Juneteenth Independence, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day.

3. "TRUCK ENTRY GATE" NOTICE IMPORTANT DELIVERY INFORMATION

TAFB Truck Gate address: 7000 SE 59th Street Oklahoma City, Oklahoma 73145. The Truck Gate is for ALL commercial vehicle entry and is located on SE59th Street, east of S Air Depot Blvd (southwest corner of the base). Trucks will not be allowed to gain access through any other gate.

The Truck Gate's normal operating hours are Monday through Friday 0600-1600hrs (6:00 AM - 4:00PM) and is closed on weekends and federal holidays (New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day). ONLY mission critical/mission essential commercial vehicle traffic will be allowed entry to the base when the Truck Gate is closed (after hours). In order to expedite the delivery process please provide dispatch with the contract number and ask dispatch to provide this same information to the truck driver. Example: "FA8125, FA8132, FA8136, FA8126,FA8101 followed by 7 more characters.

DRIVERS MUST CALL THE COMMODITY HOTLINE(405) 582-5485 PRIOR TO ENTRY FOR ESCORT TO APPROPRORIATE DELIVERY

LOCATION.

SAFETY: Be advised that an OFFLOAD RAMP MAY NOT BE AVAILABLE.Please plan accordingly.

Under authority of 50 USC 797; 18 USC 930; and 32 CFR 809A3. It is illegal to enter Tinker AFB with firearms, ammunition or any weapons, you will be denied access to the base and your vehicle will be subject to impoundment. Any violation of this prohibition will result in criminal prosecution under applicable federal laws and regulations. All personnel and vehicles entering the base are subject to search. All commercial vehicles entering the base will be searched for explosives and contraband. Security Forces will confiscate all firearms, ammunition and weapons and they WILL NOT be returned.

DELIVERIES TO BUILDING 3001 (B / 3001) Delivery vehicles are prohibited from using "Staff Drive" - located directly east of Building 3001 Delivery vehicles may make deliveries only in designated unloading areas 4. Contractor ID Badge Requirements Contractors working on Tinker AFB shall comply with all procedures outlined in TAFBI 31-101, AFI10-245 and TAFBP 31-101. OF SPECIAL NOTE, in accordance with TAFBI 31-101 para5.3, all contractors/contractor personnel will be assessed a charge of $50.00for each badge lost, willfully damaged, or not surrendered to Pass and Registration. No charge will be made on are placement required due to normal wear. Personnel will report to Accounting and Finance, Accounts Receivable Unit and a DD Form 1131, Cash Collection Voucher, will be prepared and presented to Pass and Registration prior to issuing a replacement identification. Identification will be surrendered to Security Forces personnel upon demand for the purpose of identification, investigation, abuse, misuse, or for any other reason necessary. Civilian and military retirees who conduct commercial business on base must obtain a badge through their place of employment.

ALSO OF SPECIAL NOTE, in accordance with TAFBI 31- 01 para 7, all contractors/contractor personnel shall be subject to background checks as deemed necessary.

From 08 Nov 2023 to 08 Jan 2024

Contractor Destination

Line Item Delivery Schedule Quantity Address and POC

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

Period of Performance From 08 Nov 2023 To 08 Jan 2024

6 Each Place of Performance DoDAAC: F3YCEB CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES, 3001 STAFF DR DOOR G70

POST N68

TINKER AFB, OK 73145-3303

UNITED STATES

Services Team Email: OCALC.OBCB.ServicesSurveillanc@us.af.mil Telephone: 405-736-2247

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

Period of Performance From 08 Nov 2023 To 08 Jan 2024

2 Each Place of Performance DoDAAC: F3YCEB CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES, 3001 STAFF DR DOOR G70

POST N68

TINKER AFB, OK 73145-3303

UNITED STATES

Services Team Email: OCALC.OBCB.ServicesSurveillanc@us.af.mil Telephone: 405-736-2247

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

Period of Performance From 08 Nov 2023 To 08 Jan 2024

9 Each Place of Performance DoDAAC: F3YCEB CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES, 3001 STAFF DR DOOR G70

POST N68

TINKER AFB, OK 73145-3303

UNITED STATES

Services Team Email: OCALC.OBCB.ServicesSurveillanc@us.af.mil Telephone: 405-736-2247

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

3 Each Place of Performance DoDAAC: F3YCEB CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES, 3001 STAFF DR DOOR G70

POST N68

Period of Performance From 08 Nov 2023 To 08 Jan 2024

TINKER AFB, OK 73145-3303

UNITED STATES

Services Team Email: OCALC.OBCB.ServicesSurveillanc@us.af.mil Telephone: 405-736-2247

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

Period of Performance From 08 Nov 2023 To 08 Jan 2024

2 Each Place of Performance DoDAAC: F3YCEB CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES, 3001 STAFF DR DOOR G70

POST N68

TINKER AFB, OK 73145-3303

UNITED STATES

Services Team Email: OCALC.OBCB.ServicesSurveillanc@us.af.mil Telephone: 405-736-2247

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.247-34 F.o.b. Destination. Nov 1991

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.

in WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

2 in 1 Invoice

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.

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 F03000

Issue By DoDAAC FA8139

Admin DoDAAC FA8139

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) FA8139

Service Acceptor (DoDAAC) F3YCEB

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(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.

OCALC.OBCB.ServicesSurveillanc@us.af.mil

(Contracting Officer: Insert applicable information or "Not applicable.")

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

(End of clause)

Special Contract Requirements

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Dec 2022

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services. (Alternate I)

Jun 2023 Alternate I Feb 2000

52.222-19 Child Labor-Cooperation with Authorities and Remedies. Dec 2022 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.232-18 Availability of Funds. Apr 1984 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.242-14 Suspension of Work. Apr 1984 52.245-1 Government Property. Sep 2021

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Jan 2023

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

252.211-7007 Reporting of Government-Furnished Property. Mar 2022 252.217-7028 Over and Above Work. Dec 1991 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. (Alternate I) Jan 2023 Alternate I Jan 2023 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7021 Trade Agreements. Jan 2023 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.232-7010 Levies on Contract Payments. Dec 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Jan 2023 252.245-7002 Reporting Loss of Government Property Jan 2021 252.245-7003 Contractor Property Management System Administration Apr 2012

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. (Dec 1989)

As prescribed in , insert the following clause:4.103

APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of [identify title of designated agency official here] and shall not be binding until contracting officer so approved.

(End of clause)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services.

(Alternate I)

(Dec 2022) Alternate I (Nov 2021)

Alternate I (Nov 2021). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and

(m) for those in the basic clause.

(a) (1) The Government has the right to inspect and test all materials furnished and services performed under this Inspection/Acceptance.

contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [____ Insert

]portion of labor rate attributable to profit.

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(e) (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause-Definitions.

(i) "Direct materials" means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) "Materials" means-

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs ( , incidental services for which there is not a labor category specified in the contract, travel, computer e.g.

usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [____ Insert any subcontracts ]; andfor services to be excluded from the hourly rates prescribed in the schedule.

(E) Indirect costs specifically provided for in this clause.

(iv) "Subcontract" means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(i) (1) The Government will pay the Contractor as follows upon the submission of commercial invoices approved by Payments. Work performed.

the Contracting Officer:

(i) .Hourly rate

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract.

Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

( If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime 1) rates shall be negotiated.

( ) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.2

( ) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the 3 overtime is approved by the Contracting Officer.

(ii) .Materials

(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the-

( ) Quantities being acquired; and1

( ) Any modifications necessary because of contract requirements.2

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall-

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) . Unless listed below, other direct and indirect costs will not be reimbursed.Other Costs

(1) . The Government will reimburse the Contractor on the basis of actual cost for the following, provided such Other Direct Costs costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: [Insert each element of other direct costs (e.g., travel, computer usage ____ charges, etc. Insert "None" if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert 'None'."]

(2) . The Government will reimburse the Contractor for Indirect Costs (Material Handling, Subcontract Administration, etc.)

indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: [Insert a fixed amount for the indirect costs ____ and payment schedule. Insert "$0" if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert 'None')."]

(2) . It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set Total cost forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

(3) . The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and Ceiling price the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) . At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have Access to records access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-

(A) The original timecards (paper-based or electronic);

(B) The Contractor's timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Each payment previously made shall be subject to reduction to the extent of amounts, on preceding Overpayments/Underpayments.

invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment ( , duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);e.g.

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6)(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) . The Contracting Officer will issue a final decision as required by 33.211 if-Final Decisions

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.607- 2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion invoice" and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.

(7) . The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final Release of claims payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions.

(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor.

(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.

(iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.

(8) . The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt Prompt payment payment regulations at .5 CFR part 1315

(9) . If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.Electronic Funds Transfer (EFT)

(10) . In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the Discount purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services.

(Jun 2023)

As prescribed in , insert the following clause:12.301(b)(4)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jun 2023)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, (Jan 2017) 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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Section 1634 of Pub. L. 115-91).(Nov 2021)

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(Nov 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)

(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(Aug 1996)

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(Oct 2004)

(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

[ ] 52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. 4655).(1) (Jun 2020), Alternate I (Nov 2021)

[ ] 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (Nov 2021)

[ ] 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-(3) (Jun 2010) 5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(4) (Jun 2020)

[ ] [Reserved].(5)

[ ]…