FA8213-22-R-3005.pdf
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- Attached to
- F-Kit Shielded Mild Detonation Cord (SMDC) Federal contract opportunity
- Solicitation number
- FA8213-22-R-3005
About this file
This solicitation seeks offers for the supply of F-Kit shielded mild detonation cord from qualified sources. The Department of the Air Force Materiel Command Lifecycle Management Center at Hill Air Force Base is requesting F-Kit cords, detonator assemblies, and associated data deliverables. Responses are due by 2:00 PM on an unspecified date. Pricing is fixed price for the base year with deliveries to various Department of Defense locations required by specified dates. The opportunity is restricted to pre-qualified sources and involves the application of domestic preference statutes.
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| File | Type | Posted |
|---|---|---|
| FA8213-22-R-3005 - Extension Date 03.25.2022.pdf | ||
| FA8213-22-R-3005 - Extension Date 03.25.2022.pdf | ||
| Attachments.pdf |
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AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1447 (REV. 8/2016)
PREVIOUS EDITION NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.214(d)
23. ACCOUNTING AND APPROPRIATION DATA
SEE SCHEDULE
24. TOTAL AWARD AMOUNT (For Government Use Only)
TELEPHONE NUMBER
UNIQUE ENTITY
IDENTIFIER
CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
NO COLLECT CALLS
4. SOLICITATION NUMBER
FA8213-22-R-3005
6.SOLICITATION ISSUE DATE
8. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR
SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOSB PROGRAM
HUBZONE SMALL
BUSINESS EDWOSB
SERVICE-DISABLED VETERAN-
OWNED SMALL BUSINESS NAICS: 325920
8(A) SIZE STANDARD: 750
DATE SIGNED
28. UNITED STATES OF AMERICA (Signature of Contracting Officer)
26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION NUMBER
SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS OR CHANGES WHICH
ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
ROUTINE.
Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 120 days.
EXPEDITED DELIVERY AT NO ADDITIONAL COST TO THE GOVERNMENT IS AUTHORIZED.
Sole Source: Pacific Scientific Energetic Materials Company; cage (06331).
Restricted to qualified sources. In order to be considered for award, the contractor shall be an approved source by the time of award.
SEE LINE ITEM SCHEDULE
22.
AMOUNT
16. AUTHORITY FOR USING OTHER THAN 10 USC 2304 41 USC 253
FULL AND OPEN COMPETITION (c) (1 ) (c) ( )
DATE SIGNED
27. SIGNATURE OF OFFEROR/CONTRACTOR
20.
UNIT
21.
UNIT PRICE
19.
QUANTITY
13. CONTRACTOR OFFEROR CODE FACILITY CODE
11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN * ___ CALENDAR DAYS (60 CALENDAR DAYS UNLESS OFFEROR
INSERTS A DIFFERENT PERIOD) FROM THE DATE SET FORTH IN BLOCK 9 ABOVE, THE CONTRACTOR AGREES TO HOLD
ITS OFFERED PRICES FIRM FOR THE ITEMS SOLICITED HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO
THE TERMS AND CONDITIONS STATED HEREIN. *120
RATING
DO: A6
3. AWARD/EFFECTIVE DATE
FA8213
2. CONTRACT NUMBER
X
17.
ITEM NUMBER
12. ADMINISTERED BY CODE
Total
SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK: 14 EFT:T
SCD:B
NAME AND TITLE OF SIGNER (Type or Print) NAME OF CONTRACTING OFFICER
5. SOLICITATION TYPE
SEALED BIDS NEGOTIATED
(IFB) (RFP)
15. PROMPT PAYMENT DISCOUNT
25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SETFORTH OR OTHERWISE
IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS SUBJECT
THE TERMS AND CONDITIONS SPECIFIED HEREIN.
10. ITEMS TO BE PURCHASED (Brief Description)
SUPPLIES SERVICES Explosives Manufacturing
9. (Agency Use) Solicitation: Offers will be received at the Issuing office until * on * . Late offers are subject to late proposal provisions incorporated herein. All offers are subject to such provisions, representations certifications and specifications as are attached or incorporated by reference.*
-- 2:00PM
X
18.
SCHEDULE OF SUPPLIES/SERVICES
14. PAYMENT WILL BE MADE BY CODE
(SEE ESP CLAUSE 252.232-7003.)
X
7. ISSUED BY CODE
DEPARTMENT OF THE AIR FORCE, DIRECTORATE OF CONTRACTING
AFLCMC EBHK
6072 FIR AVENUE BLDG 1233
HILL AIR FORCE BASE UT 84056-5820
BUYER: Patrick Robello/AFLCMC patrick.robello.1@us.af.mil Phone: (801) 775- 2371
X
1. THIS CONTRACT IS A RATED ORDER UNDER DPAS
(15 CFR 700)SOLICITATION/CONTRACT
BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27.
J
STANDARD FORM 1447 (REV. 8/2016) BACK
NO RESPONSE FOR REASONS CHECKED
TYPE OR PRINT NAME AND TITLE OF SIGNER
SIGNATURENAME AND ADDRESS OF FIRM (Include Zip Code)
WE DO NOT DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF
ITEMS INVOLVED
WE DO
OTHER (Specify)
UNABLE TO IDENTIFY THE ITEM(S)
CANNOT COMPLY WITH SPECIFICATIONS CANNOT MEET DELIVERY REQUIREMENT
DO NOT REGULARILY MANUFACTURE OR SELL THE TYPE OF ITEMS
INVOLVED
DATE AND LOCAL TIME 2:00 PM
SOLICITATION NUMBER FA821322R3005
FROM: AFFIX
STAMP
HERE
TO:
ATTN: Patrick K Robello/AFLCMC
DEPARTMENT OF THE AIR FORCE, DIRECTORATE OF CONTRACTING
AFLCMC EBHK
6072 FIR AVENUE BLDG 1233
HILL AIR FORCE BASE UT 84056-5820
FA8213-22-R-3005
PART I - THE SCHEDULE
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
DCMA and DFAS are required to withhold payment IAW DFAR 252.227-7030 until CDRL A001, A005 & A006 have been delivered and/or approved by Hill AFB.
Cord Assembly, Detonator
F-Kit SMDC Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
5 EA
CLIN ACRN ACRN Total
0001 AA
NSN: 1377-01-666-8565 ES
F-Kit Shielded Mild Detonation Cord (SMDC)
DODIC: MY31
Manufacturer Part Number 06331 K853824-01 Associated Document(s) Line Item(s)
FD20202150067 0002AA
Priority: R ROUTINE.
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: IAW 1423 Buy American Act/Balance of Payments Program IUID Required: Yes Physical Item Markings:
Serial Number Required
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
B FV2037 ORIGIN
Type / Ship To PACRN Mark For
B FV2037 B-1 PDM
Type / Ship To Quantity (U/I) On or Before Req No / Pri
Required Delivery
B FV2037 5 EA 30 NOV 2023 Non-MilStrip
Proposed Delivery
Cord Assembly, Detonator
F-Kit SMDC
B FV2037 5 EA
Applicable SPI Number: F016668565
TAC: FBAE
DATA
Item No.
Not Separately Priced Quantity U/I Unit Price
1 LO NSP
DATA
DATA
DATA IAW DD 1423-1 ATTACHED TO BASIC
ITEM TITLE DID
A001 Ammunition Data Card DI-MISC-80043B A002 Engineering Change Proposal DI-SESS-80639E A003 Notice of Revision DI-SESS-80642E A004 Request For Variance DI-SESS-80640E A005 Lot Acceptance Test Plan DI-QCIC-80553A A006 Test/Inspection Report DI-NDTI-80809B A007 Failure Summary & Analysis Reports DI-SESS-80255B
Each respective CDRL shall be attached electroncially in WAWF using DODAAC FA8213 when invoicing for this CLIN. Failure to do so will result in delay of Government acceptance and/or rejection of invoicing.
Associated Document(s) Line Item(s)
FD20202150067 0002
Priority: R ROUTINE.
Type / Ship To Quantity (U/I) To be determined _ Req No / Pri
Required Delivery
B 1423 1 LO TBD
Proposed Delivery
B 1423 1 LO
SHIP TO / PLACE OF PERFORMANCE
TYPE/CODE: B 1423
IAW DD FORM 1423
MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)
AWARD NUMBER:
TYPE/CODE: B FV2037
72 ABW LGRSMK
7150 PATROL ROAD
TINKER AIR FORCE BASE OK 73145-5000
UNITED STATES
MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)
AWARD NUMBER:
PART I - THE SCHEDULE
SECTION C
DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
SPECIFICATIONS, STANDARDS AND DRAWINGS (MAY 1993)
(IAW FAR 11.201)
Specifications, standards or drawings (as applicable) are furnished/listed below or are listed in Section J herein. The contractor shall perform in accordance with those specifications and/or the attachments listed in Section J:
ITEM NR SPECIFICATIONS, STANDARDS AND/OR ATTACHMENTS
PART I - THE SCHEDULE
SECTION E
INSPECTION AND ACCEPTANCE
INSPECTION AND ACCEPTANCE (SEP 1999)
(IAW FAR 46.401(b), FAR 46.503) Government Contract Quality Assurance Inspection and Acceptance will be at (Final):
[CONTRACTOR FILL-IN]
Item No(s): See schedule for items with the following code(s) listed below :
Inspection Code and Address:
PART I - THE SCHEDULE
SECTION F
DELIVERIES OR PERFORMANCE
52.211-8 TIME OF DELIVERY (JUN 1997)
(IAW FAR 11.404(a)(2)) DELIVERY FOR EACH ITEM IS ANNOTATED IN THE SCHEDULE (PART I SECTION B) UNDER EACH LINE ITEM.
52.211-8 TIME OF DELIVERY -- ALTERNATE I (APR 1984)
(IAW FAR 11.404(a)(2))
(b) the Government will make award by .
52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)
(IAW FAR 11.703(b))
52.242-15 STOP-WORK ORDER (AUG 1989)
(IAW FAR 42.1305(b)(1))
52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)
(IAW FAR 42.1305(c))
52.247-29 F.O.B. ORIGIN (FEB 2006)
(IAW FAR 47.303-1(c))
52.247-30 F.O.B. ORIGIN, CONTRACTOR'S FACILITY (FEB 2006)
(IAW FAR 47.303-2(c))
52.247-34 F.O.B. DESTINATION (NOV 1991)
(IAW FAR 47.303-6(c))
52.247-61 F.O.B. ORIGIN-MINIMUM SIZE OF SHIPMENTS (APR 1984)
(IAW FAR 47.305-16(c))
52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT--SMALL PACKAGE SHIPMENTS (JAN 1991)
(IAW FAR 47.303-17(f))
F.O.B. ORIGIN (OCT 1993)
(IAW FAR 47.305(b)) Any supply item applicable to this document shall be delivered F.O.B. at:
F.O.B. Address
[CONTRACTOR FILL-IN]
HAZARDOUS CLASSIFICATION (MAY 1998)
(IAW FAR 47.305-9(c))
For the purpose of identifying commodity description and freight classification of explosives and other dangerous supplies, the following applies.
Hazardous Classification Line Item 0001
Hazardous Class Division 1.4 Storage Compatibility Group B
DOT Marking FUZES, DETONATING DOT Class 1.4B DOT Label EXPLOSIVES 1.4B
UN Serial No 0257 UN Proper Ship Name FUZES, DETONATING
Freight Classification
PART I - THE SCHEDULE
SECTION G
CONTRACT ADMINISTRATION DATA
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(IAW DFARS 232.7004(b), PGI 232.7004(b)(1), DFARS 212.301(f)(liii))
(a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow
(WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov ; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/ .
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
__COMBO (INVOICE + RECEIVING REPORT________
Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
_See Schedule_________________________________
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC See Block #14 of the award document, Schedule A
Issue By DoDAAC See Block #7 of the award document, Schedule A
Admin DoDAAC See Block #12 of the award document, Schedule A
Inspect By DoDAAC See Schedule
Ship To Code See Contract Line Item
Ship From Code
Mark For Code See Contract Line Item
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g.
timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
(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.
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(The above Clause/Provision has been modified.)
ACCOUNTING AND APPROPRIATION DATA (AUG 1998)
Accounting and Appropriation Chargeable ACRN Funds Citation Amount Chargeable
AA 57 13011 . H8 1 LC HN 355102 4E27A1 63681 78070F 503000 F03000 $0.00
PSR: 690261 FSR: 037433
Accounting and Appropriation Chargeable ACRN Funds Citation Amount Chargeable
REFERENCE:
AA
PR: FD20202150067
NO: F2DCDE1218A101
ACRN TOTAL $ 0.00
MORD: F2DCAE0294NP05
5713011 H81 LCHN 355100 4E27A1 462FD 78070F 503000 F03000 ALD:AA FSR: 086990 PSR:
B94306 DSR: 143788
PART II - CONTRACT CLAUSES
SECTION I
CONTRACT CLAUSES
5352.201-9101 OMBUDSMAN (OCT 2019)
(IAW AFFARS 5301.9103)
(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Melinda M.
Schmidt at 801 777 -6549 , FAX 000 000 -0000 , email melinda.schmidt@us.af.mil . 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.
52.202-1 DEFINITIONS (JUN 2020)
(IAW FAR 2.201)
52.203-3 GRATUITIES (APR 1984)
(IAW FAR 3.202)
52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
(IAW FAR 3.404)
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)
(IAW FAR 3.503-2)
52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)
(IAW FAR 3.502-3)
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR
IMPROPER ACTIVITY (MAY 2014)
(IAW FAR 3.104-9(a))
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
(IAW FAR 3.104-9(b))
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
(JUN 2020)
(IAW FAR 3.808(b))
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS (JAN 2017)
(IAW FAR 3.909-3 (b))
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS
(SEP 2011)
(IAW DFARS 203.171-4(a), DFARS 212.301(f)(ii))
252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER
DEFENSE-CONTRACT-RELATED FELONIES (DEC 2008)
(IAW DFARS 203.570-3)
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(SEP 2013)
(IAW DFARS 203.970)
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011)
(IAW FAR 4.303)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS (JUN 2020)
(IAW FAR 4.1403(a))
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
(IAW FAR 4.1105(b))
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
(IAW FAR 4.1804(c), FAR 12.301(d))
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS
(DEC 2014)
(IAW FAR 4.1202(b))
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS
(NOV 2021)
(IAW FAR 4.1903)
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES
DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED
ENTITIES (NOV 2021)
(IAW FAR 4.2004)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
(IAW 4.2105(b))
252.204-7002 PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED (APR 2020)
(IAW DFARS 204.7109(a))
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
(IAW DFARS 204.404-70(b))
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING (DEC 2019)
(IAW DFARS 204.7304(c))
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION
SUPPORT (MAY 2016)
(IAW DFARS 204.7403(b), DFARS 212.301(f)(i)(F))
252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE
TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2021)
(IAW DFARS 204.2105(c))
252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)
(IAW DFARS 204.7304(e))
252.204-7022 EXPEDITING CONTRACT CLOSEOUT (MAY 2021)
(IAW DFARS 204.804-70)
252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS
(DEC 1991)
(IAW DFARS 205.470, DFARS 212.301(f)(x))
52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995)
(IAW FAR 9.206-2)
(b)
Item No Agency Name/Address
0001 DEPARTMENT OF THE AIR FORCE
AFLCMC EBHK
6072 FIR AVENUE BLDG 1233
HILL AIR FORCE BASE, UT 84056-5820
(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.
Offeror's Name _____________________________
Manufacturer's Name ________________________
Source's Name _____________________________
Item Name _________________________________
Service Identification _________________________
Test Number _______________________________ (to the extent known)
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
(IAW FAR 9.409)
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING
RESPONSIBILITY MATTERS (OCT 2018)
(IAW FAR 9.104-7(c))
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
(NOV 2015)
(IAW FAR 9.108-5(b))
252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE
GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM
(MAY 2019)
(IAW DFARS 209.409)
252.209-7009 ORGANIZATIONAL CONFLICT OF INTEREST--MAJOR DEFENSE ACQUISITION
PROGRAM (MAY 2019)
(IAW DFARS 209.571-8(b))
252.209-7010 CRITICAL SAFETY ITEMS (AUG 2011)
(IAW DFARS 209.270-5)
(b) Identification of critical safety items. One or more of the items being procured under this contract is an aviation or ship critical safety item. The following items have been designated aviation critical safety items or ship critical safety items by the designated design control activity:
Line Item Description
0001 NSN: 1377-01-666-8565ES
52.211-5 MATERIAL REQUIREMENTS (AUG 2000)
(IAW FAR 11.304)
52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)
(IAW FAR 11.604(b)) This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).
252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (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.
52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUN 2020)
(IAW FAR 15.209(b)(1))
52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
(IAW FAR 15.209(h), AFFARS 53.15.209(h))
52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA
(AUG 2011)
(IAW FAR 15.408(b))
52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (DEVIATION 2022-O0001
(OCT 2021)
(IAW DEVIATION 2022-O0001 REV. 1)
52.215-14 INTEGRITY OF UNIT PRICES (NOV 2021)
(IAW FAR 15.408(f)(1))
52.215-14 INTEGRITY OF UNIT PRICES -- ALTERNATE I (OCT 1997)
(IAW FAR 15.408(f)(2))
52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)
(IAW FAR 15.408(g))
52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS
(PRB) OTHER THAN PENSIONS (JUL 2005)
(IAW FAR 15.408(j))
52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)
(IAW FAR 15.408(k))
252.215-7002 COST ESTIMATING SYSTEM REQUIREMENTS (DEC 2012)
(IAW DFARS 215.408(1))
252.215-7014 EXCEPTION FROM CERTIFIED COST OR PRICING DATA REQUIREMENTS FOR
FOREIGN MILITARY SALES INDIRECT OFFSETS (JUL 2018)
(IAW DFARS 215.408 (8))
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)
(IAW FAR 19.708(a))
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (NOV 2021)
(IAW FAR 19.708(b))
52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (SEP 2021)
(IAW FAR 19.708(b)(2))
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)
(IAW FAR 19.309(c))
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code ________ assigned to contract number _______________.
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program.
[Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that—
(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.
[The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _______________________________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern.
[Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that—
(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture.
[The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___________________________________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.
(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.]
The Contractor represents that—
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture.
[The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _________________________________________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[Contractor to sign and date and insert authorized signer’s name and title.]
252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS) (DEC 2019)
(IAW DFARS 219.708(b)(1)(A), DFARS 219.708(b)(1)(A)(1))
252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS)--ALTERNATE I
(DEC 2019)
(IAW DFARS 219.708(b)(1)(A)(2), DFARS 219.708(b)(1)(A)(1))
252.219-7004 SMALL BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM) (MAY 2019)
(IAW DFARS 219.708(b)(1)(B))
52.222-19 CHILD LABOR COOPERATION WITH AUTHORITIES AND REMEDIES (DEVIATION
2020-O0019) (JAN 2022)
(IAW Deviation 2020-O0019 Rev. 2)
52.222-20 CONTRACTS FOR MATERIALS, ARTICLES, AND EQUIPMENT (JUN 2020)
(IAW FAR 22.610)
52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
(IAW FAR 22.810(a)(1))
52.222-26 EQUAL OPPORTUNITY (SEP 2016)
(IAW FAR 22.810(e))
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)
(IAW FAR 22.1310(a)(1), DFARS 222.1310(a)(1))
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)
(IAW FAR 22.1408(a))
52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)
(IAW FAR 22.1310(b))
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR
RELATIONS ACT (DEC 2010)
(IAW FAR 22.1605)
52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)
(IAW FAR 22.1705(a)(1))
252.222-7006 RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS
(DEC 2010)
(IAW DFARS 222.7405)
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA
(FEB 2021)
(IAW FAR 23.303(a))
(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract.
Identification No. MATERIAL (If none, Insert None) NSN: 1377016668565ES LI 0001 Cord Assembly, Detonating
LI 0002 None
52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
(IAW FAR 23.505)
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE
DRIVING (JUN 2020)
(IAW FAR 23.1105)
252.223-7001 HAZARD WARNING LABELS (DEC 1991)
(IAW DFARS 223.303)
(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labeled in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.
ACT MATERIAL (If None, Insert “None.”) LI 0001 Cord Assembly, Detonating LI 0002 None
252.223-7002 SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES (MAY 1994)
(IAW DFARS 223.370-5)
252.223-7003 CHANGE IN PLACE OF PERFORMANCE--AMMUNITION AND EXPLOSIVES
(DEC 1991)
(IAW DFARS 223.370-5)
252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)
(IAW DFARS 223.7306, DFARS 212.301(f)(xxi))
52.224-3 PRIVACY TRAINING (JAN 2017)
(IAW FAR 24.302(a))
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)
(IAW FAR 25.1103(a))
252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC (DEC 2017)
(IAW DFARS 225.1101(2)(i) and (2)(ii))
252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2017)
(IAW DFARS 225.1101(3))
252.225-7007 PROHIBITION ON ACQUISITION OF UNITED STATES MUNITIONS LIST ITEMS FROM
COMMUNIST CHINESE MILITARY COMPANIES (DEC 2018)
(IAW DFARS 225.1103(4))
252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013)
(IAW DFARS 225.7003-5(a)(1), DFARS 212.301(f)(xxiv))
252.225-7009 RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY
METALS (DEC 2019)
(IAW DFARS 225.7003-5(a)(2), DFARS 212.301(f)(xxv))
252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017)
(IAW DFARS 225.7002-3(a))
252.225-7013 DUTY-FREE ENTRY (DEVIATION 2020-O0019) (JUL 2020)
(IAW Deviation 2020-O0019 Rev. 2)
252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)
(IAW DFARS 225.7901-4)
252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM, AND
TUNGSTEN (OCT 2020)
(IAW DFARS 225.7018-5)
252.225-7972 PROHIBITION ON THE PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT
SYSTEMS (DEVIATION 2020-O0015) (MAY 2020)
(IAW Deviation 2020-O0015)
252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC
ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS
(APR 2019)
(IAW DFARS 226.104)
52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)
(IAW FAR 27.201-2(a)(1))
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT (JUN 2020)
(IAW FAR 27.201-2(b))
252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT (MAR 2000)
(IAW DFARS 227.7103-6(e)(2), DFARS 227.7104(e)(4))
(a) the Contracting Officer may until such data is accepted by the Government, withhold payment to the Contractor of ten percent (10%) of the total contract price or amount
52.229-4 FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS)
(FEB 2013)
(IAW FAR 29.401-3(b))
52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021)
(IAW 29.402-3(b))
252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)
(IAW DFARS 231.100-70)
52.232-1 PAYMENTS (APR 1984)
(IAW FAR 32.111(a)(1))
52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)
(IAW FAR 32.111(b)(1))
52.232-11 EXTRAS (APR 1984)
(IAW FAR 32.111(c)(2))
52.232-17 INTEREST (MAY 2014)
(IAW FAR 32.611(a), FAR 32.611(b))
52.232-18 AVAILABILITY OF FUNDS (APR 1984)
(IAW FAR 32.706-1(a))
52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
(IAW FAR 32.806(a)(1))
52.232-25 PROMPT PAYMENT (JAN 2017)
(IAW FAR 32.908(c)) Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer (EFT). Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)
(a) Invoice payments—
(1) Due date.
(i) Except as indicated in paragraphs (a)(2) and (c) of this clause, the due date for making invoice payments by the designated payment office is the later of the following two events:
(A) The 30th day after the designated billing office receives a proper invoice from the Contractor (except as provided in paragraph (a)(1)(ii) of this clause).
(B) The 30th day after Government acceptance of supplies delivered or services performed. For a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement.
(ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date is the 30th day after the date of the Contractor's invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.
(2) Certain food products and other payments.
(i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are--
(A) For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)), and as further defined in Pub. L. 98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7th day after product delivery.
(B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)), as close as possible to, but not later than, the 7th day after product delivery.
(C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(4)), as close as possible to, but not later than, the 10th day after product delivery, unless another date is specified in the contract.
(D) For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10th day after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to refrigerated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will be followed in specifying a contract payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation.
(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.
(3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(3)(i) through (a)(3)(x) of this clause. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. The Government will take into account untimely notification when computing any interest penalty owed the
Contractor.
(i) Name and address of the Contractor.
(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)
(iii) Contract number or other authorization for supplies delivered or services performed (including order number and line item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.
(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.
(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).
(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.
(viii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(ix) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by
EFT.
(x) Any other information or documentation required by the contract (e.g., evidence of shipment).
(4) Interest penalty. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.
(i) The designated billing office received a proper invoice.
(ii) The Government processed a receiving report or other Government documentation authorizing payment, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition.
(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.
(5) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR part 1315.
(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.
(ii) The prompt payment regulations at 5 CFR 1315.10(c) do not require the Government to pay interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.
(6) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR part 1315.
(7) Additional interest penalty. (i) The designated payment office will pay a penalty amount, calculated in accordance with the prompt payment regulations at 5 CFR part 1315 in addition to the interest penalty amount only if--
(A) The Government owes an interest penalty of $1 or more;
(B) The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount is paid; and
(C) The Contractor makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a)(7)(ii) of this clause, postmarked not later than 40 days after the invoice amount is paid.
(ii)(A) The Contractor shall support written demands for additional penalty payments with the following data. The Government will not request any additional data. The Contractor shall--
(1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required;
(2) Attach a copy of the invoice on which the unpaid late payment interest is due; and
(3) State that payment of the principal has been received, including the date of receipt.
(B) If there is no postmark or the postmark is illegible--
(1) The designated payment office that receives the demand will annotate it with the date of receipt, provided the demand is received on or before the 40th day after payment was made; or
(2) If the designated payment office fails to make the required annotation, the Government will determine the demand's validity based on the date the Contractor has placed on the demand, provided such date is no later than the 40th day after payment was made.
(iii) The additional penalty does not apply to payments regulated by other Government regulations (e.g., payments under utility contracts subject to tariffs and regulation).
(b) Contract financing payment. If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause.
(c) Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice.
(d) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(1) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(i) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) or overpayment);
(ii) Affected contract number and delivery order number if applicable;
(iii) Affected line item or subline item, if applicable; and
(iv) Contractor point of contact.
(2) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(The above Clause/Provision has been modified.)
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD
MANAGEMENT (OCT 2018)
(IAW FAR 32.1110(a)(1))
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
(IAW FAR 32.706-3)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (NOV 2021)
(IAW FAR 32.009-2)
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—
(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.
(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.
(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/ .
(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—
(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;
(2) DoD is unable to receive a payment request or provide acceptance in electronic form;
(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment; or
(4) DoD makes a 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).
(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.
(e) 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)
252.232-7017 ACCELERATING PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS -
PROHIBITION ON FEES AND CONSIDERATION (APR 2020)
(IAW DFARS 232.009-2)
52.233-1 DISPUTES (MAY 2014)
(IAW FAR 33.215)
52.233-3 PROTEST AFTER AWARD (AUG 1996)
(IAW FAR 33.106(b))
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
(IAW FAR 33.215(b))
52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017)
(IAW FAR 42.1504)
52.242-13 BANKRUPTCY (JUL 1995)
(IAW FAR 42.903)
52.243-1 CHANGES--FIXED-PRICE (AUG 1987)
(IAW FAR 43.205(a)(1))
252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)
(IAW DFARS 243.205-70)
252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)
(IAW DFARS 243.205-71)
252.243-7999 SECTION 3610 REIMBURSEMENT (DEVIATION 2020-O0021) (AUG 2020)
(IAW Deviation 2020-O0021, Revision 3)
52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)
(IAW FAR 44.204(c))
52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(JAN 2022)
(IAW FAR 44.403)
252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS
(DOD CONTRACTS) (JAN 2021)
(IAW DFARS 244.403)
52.246-23 LIMITATION OF LIABILITY (FEB 1997)
(IAW FAR 46.805(a)(1))
252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JUN 2013)
(IAW DFARS 246.370(a), DFARS 212.301(f)(xii))
52.247-1 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)
(IAW FAR 47.104-4(a), FAR 47.104-4(b))
52.247-68 REPORT OF SHIPMENT (REPSHIP) (FEB 2006)
(IAW FAR 47.208-2)
252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC (FEB 2019)
(IAW DFARS 247.574(b))
52.248-1 VALUE ENGINEERING (JUN 2020)
(IAW FAR 48.201(b), FAR 48.201(f))
52.249-2 TERMINATION FOR CONVENIENCE OF THE…
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