FA821321R3041.pdf
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- Attached to
- C-17 Arm-Fire Initiator Federal contract opportunity
- Solicitation number
- FA8213-21-R-3041-Solicitation
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Attachment_5_ExhibitA_CDRLs.pdf | ||
| Attachment_2_QALI.pdf | ||
| Attachment_4_SOWAppendixA_4May21.pdf | ||
| Attachment_9_Transportation_Instructions.pdf | ||
| Attachment_6_Special_Packaging_Instructions.pdf | ||
| Attachment_8_SOWAppendixA_C17_4May21.pdf | ||
| Attachment_1_ItemMarkInstrVer1_5-20190501.pdf | ||
| Attachment_7_SPI_SOW.pdf | ||
| Attachment_3_REPSHIP.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
FA8213-21-R-3041
X
6.SOLICITATION ISSUE DATE
21 MAY 2021
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.
Restricted to qualified sources. In order to be considered for award, the contractor shall be an approved source by the time of award. A qualification package is required for new sources. See FAR Clause 52.209-1 and the attached source qualification statement for qualification requirements. Prospective contractors may submit an offer on supplies bearing different part numbers for those cited in the solicitation. Proposals will not be considered if a qualification package is not submitted with the proposal.
Sources: Pacific Scientific Energetic Materials Company: CAGE CODE: 06331, Chemring Energetic Devices, Inc.: CAGE CODE: 93455
REMANUFACTURE
EXPEDITED DELIVERY AT NO ADDITIONAL COST TO THE GOVERNMENT IS AUTHORIZED
22.
AMOUNT
16. AUTHORITY FOR USING OTHER THAN 10 USC 2304 41 USC 253
FULL AND OPEN COMPETITION (c) ( ) (c) ( )
DATE SIGNED
27. SIGNATURE OF OFFEROR/CONTRACTOR
20.
UNIT
21.
UNIT PRICE
19.
QUANTITY
13. CONTRACTOR OFFEROR CODE FACILITY CODE
11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN * ___ CALENDAR DAYS (60 CALENDAR
DAYS UNLESS OFFEROR INSERTS A DIFFERENT PERIOD) FROM THE DATE SET FORTH IN BLOCK 9
ABOVE, THE CONTRACTOR AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE ITEMS
SOLICITED HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE TERMS AND
CONDITIONS STATED HEREIN. *120
RATING
DO: 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.*
21-JUN-2021 2:00PM
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: Elizabeth Dykes/AFLCMC elizabeth.dykes@us.af.mil
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 21 JUN 2021 2:00 PM
SOLICITATION NUMBER FA821321R3041
FROM: AFFIX
STAMP
HERE
TO:
ATTN: Elizabeth Dykes/AFLCMC
DEPARTMENT OF THE AIR FORCE, DIRECTORATE OF CONTRACTING
AFLCMC EBHK
6072 FIR AVENUE BLDG 1233
HILL AIR FORCE BASE UT 84056-5820
FA8213-21-R-3041
PART I - THE SCHEDULE
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
DCMA and DFAS are required to withold payment IAW DFARS 252.227-7030 until CDRLs have been delivered and/or approved by Hill AFB.
Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
47 EA
CLIN ACRN ACRN Total
0001 AA
GROUP STOCK NO P/N CAGE
Group 001 Alternate 1377-01-560-1520 ES 620110 93455 And/Or
NSN: 1377-01-382-0647 ES
CARTRIDGE INITIATOR (ARM FIRE INITIATOR-EXTERNAL)
C-17A Aircraft Life Support Item. Overall length is 220 inches nominal. Cartridge is included. Special features: Cart Assy P/N 824653-1, Primer Percussion P/N 824657-1 DoDIC: SP83 Manufacturer Part Number 06331 824355-2 93455 620110 Associated Document(s) Line Item(s)
FD20202151270 0002AA
Priority: R ROUTINE.
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)
Title Number Date Tailoring
ISO 9001-2008 2008
Buy American Act/Balance of Payments Program IUID Required: Yes Physical Item Markings:
Special Marking Instructions Below Serial Number Required
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
C FV2172 ORIGIN
Type / Ship To PACRN Mark For
C FV2172 PAA 09 ACCT
Type / Ship To Quantity (U/I) *ARO Contract _ Req No / Pri
Required Delivery
C FV2172 47 EA *12 Months Non-MilStrip
Proposed Delivery
C FV2172 47 EA
Special Item Marking Instructions: Physical Item Markings IAW CAD/PAD Item Marking Instructions Version 1.5, dated 1 May 2019
Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
70 EA
CLIN ACRN ACRN Total
0002 AA
GROUP STOCK NO P/N CAGE
Group 001 Alternate 1377-01-560-2165 ES 620110 93455 And/Or
NSN: 1377-01-382-0650 ES
PROPELLANT INITIATOR (ARM FIRE INITIATOR-ELECTRICAL)
C-17 Propellant Initiator - Electrical This assy contains a block, P/N 51203, 2 EA Sheer Pins P/N 5120104, a Disc Closure, 1 EA P/N 5120200, a Housing P/N 51201101 1 EA. This is an egress item to the C-17 Aircraft.
DoDIC: SP81 Manufacturer Part Number 06331 824054-101 93455 6201300 Associated Document(s) Line Item(s)
FD20202151270 0002AA
FD20202151270 0003AA
Priority: R ROUTINE.
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)
ISO 9001-2008 2008
Applicability: None ;
Buy American Act/Balance of Payments Program IUID Required: Yes Physical Item Markings:
Special Marking Instructions Below Serial Number Required
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
C FV2172 ORIGIN
Type / Ship To PACRN Mark For
C FV2172 PAA 09 ACCT
Type / Ship To Quantity (U/I) *ARO Contract _ Req No / Pri
Required Delivery
C FV2172 70 EA *12 Months Non-MilStrip
Proposed Delivery
C FV2172 70 EA
Special Item Marking Instructions: Physical Item Markings IAW CAD/PAD Item Marking Instructions Version 1.5, dated 1 May 2019
DATA
Item No.
Not Separately Priced Quantity U/I Unit Price
1 LO NSP
DATA
DATA
DATA IAW DD 1423-1 ATTACHED HERETO
CDRL Name A001 Ammunition Data Card (ADC) A002 Acceptance Test Plan A003 Test/Inspection Report A004 Failure Summary and Analysis Report A005 Report of Receipts, Inventory, Adjustments A006 Engineering Change Proposal A007 Notice of Revision (NOR) A008 Request for Variance (RFV)
Associated Document(s) Line Item(s)
FD20202151270 0004AA
FD20202151270 0005AA
Priority: R ROUTINE.
Exhibit: A
SHIP TO / PLACE OF PERFORMANCE
TYPE/CODE: C FV2172
649 MUNS MXW
6024 PINE LANE
BLDG 1377 BAY 2
HILL AIR FORCE BASE UT 84056-5707
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 D
PACKAGING AND MARKING
SPECIAL INSTRUCTIONS: Items shall be marked in accordance with: (See Individual Line Item)
2. PACKAGE AND CONTAINER MARKING: Shipments will not be made until the NSN has been assigned, unless specifically authorized by the Contracting Officer.
MIL-STD-129/ASTM-D-3951:
a. Interior packages and shipping containers shall be marked in accordance with MIL-STD-129 when Military packing is specified and ASTM-D-3951 when commercial packaging is specified. The requirements of paragraph 2.h apply regardless of which packaging is utilized.
(1) Design manufacturer's name, trademark or manufacturer's code (from Cataloging Handbook H4-1 or H4-2), identifying number, and serial number, when applicable, shall be included in the identification marking.
(2) When applicable, the Air Force project designator code shall be included as the last line of the address marking and the project name related to the project code shall be marked in the clear on the exterior shipping container.
b. Tags and labels, when required, shall be contractor's tags or labels conforming to the requirements of MIL-STD-129 or as approved by the procuring activity. Contractor's forms which indicate serviceable condition shall not be any shade of green or red. Labels are authorized to be used on metal containers.
Items requiring technical order (T.O.) certification shall be annotated on inner and outer container tags or label with T.O. compliance.
c. When dummy containers are used in a unitized load, the dummy containers shall be clearly marked "DUMMY CONTAINER" and located in the load so that the marking will be plainly visible to receiving and storage personnel.
d. All interior packages and shipping containers for articles and materials classified as hazardous or restricted under provisions of Title 49, Code of Federal Regulations, or AFR 71-4/DLAM 4145.3/TM 38-250/NAVSUP PUB 505/MCO P 4030.19 shall be marked, regardless of exemption for mode of transportation, with proper shipping name of item; flash point of all liquids having a flash point of 200 degrees F. or below; and percentage concentration of acids and corrosive liquids. In addition, the quantity of each hazardous or restricted material included in a container shall be annotated adjacent to the shipping name of the item, e.g., Acetic Acid (80% concentration) -- 1 qt.
e. On shipments of firearms regardless of mode of transportation, selected elements of identification and contractor data markings shall be omitted or obliterated in accordance with the requirements of MIL-STD-129 regarding sensitive items and packing lists shall be placed only inside the containers.
f. Special markings for packages and containers when specified on AFMC Form 158 shall be complied with as a part of MIL-STD-129.
g. All special coated terneplate containers shall be marked with the legend "CAUTION--DO NOT REUSE AS
FOOD CONTAINERS."
h. Bar code markings in accordance with MIL-STD-129 shall apply to all units, intermediate and exterior containers for all items going into stock regardless of package size or levels of package specified (including commercial packaging). In addition to the NSN/NATO stock number, the exterior shipping container shall include the 13 digit contract number (plus, if applicable, the four digit call number). Excluded from Bar Code Marking are:
(1) Foreign Military Sales.
(2) Direct Vendor Delivery (DVD)/Government Furnished Equipment (GFE) shipments.
(3) Multipack Exterior Shipping Containers. (Unit and intermediate containers do require a bar coded NSN/NATO stock number. However, the next container (unit or intermediate) inside the multipack will also require a bar coded NSN/NATO stock number and contract number with call number, if applicable, in the lower right hand corner).
(4) All unpacked or uncrated items; e.g., vehicles, tires, etc.
i. Shipments of wheeled items weighing 2,000 pounds or more and scheduled for transportation by military aircraft will be marked with the individual axle weights in accordance with MIL-STD-129.
3. WARRANTED ITEMS: When the contract contains warranty requirements, warranty information shall be applied on containers and items as follows:
a. Container markings shall be as specified in MIL-STD-129. The period or conditions of the warranty shall be specifically stated, i.e., landings, flight hours, operating hours, days from shipping date, etc.
b. Items shall be marked in accordance with requirements of MIL-STD-130. Markings shall be located in a manner so as to be conspicuous to the person removing the item from service. When no deleterious effect or functional degradation is caused, the markings shall be black letters on yellow FED-STD-595 color 13655) background. The marking shall include the same period or condition required on the containers.
PART I - THE SCHEDULE
SECTION E
INSPECTION AND ACCEPTANCE
52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)
(IAW FAR 46.302)
52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)
(IAW FAR 46.311, DFARS 246.202-4(1))
(a) The Contractor shall comply with the higher-level quality standard(s) listed below. [If more than one standard is listed, the offeror shall indicate its selection by checking the appropriate block.]*
*See Individual Line Item Schedule
52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)
(IAW FAR 46.316)
INSPECTION AND ACCEPTANCE (SEP 1999)
(IAW FAR 46.401(b), FAR 46.503) Government Contract Quality Assurance Inspection and Acceptance will be at (Final):
[CONTRACTOR 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.
52.211-17 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))
52.247-30 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 S
DOT Marking EX2015050196 DOT Class DOT Label EXPLOSIVE 1.4S
UN Serial No 0367 UN Proper Ship Name FUZES, DETONATING
Freight Classification Line Item 0002
Hazardous Class Division 1.4 Storage Compatibility Group C
DOT Marking EX2013090400 DOT Class DOT Label EXPLOSIVE 1.4C
UN Serial No 0367 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.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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 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) 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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(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.
Combo (Invoice + Receiving Report
(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.
See Schedule
(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 item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(f) [Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code 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.”)
(**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) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(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.
Dirk.Williams@us.af.mil (Contracting Officer: Insert applicable information or “Not applicable.”)
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed
(The above Clause/Provision has been modified.)
ACCOUNTING AND APPROPRIATION DATA (AUG 1998)
Accounting and Appropriation Chargeable ACRN Funds Citation Amount Chargeable
AA 57 13400 . 30 1 87 HI XX27J9 010000 56050 41130F 503000 F03000 $0.00
REFERENCE:
AA CIN: F2DCDE1140A1010000AA PR: FD2020-21-51270 ESP: 7C ALD: AA FSR: 084762
PSR: B44909 DSR: 235451
ACRN TOTAL $ 0.00
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
(JUN 2016)
(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 (JUL 2018)
(IAW FAR 4.2004)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)
(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))
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
(801) 777-4244 jesse.whinham@us.af.mil
0002 DEPARTMENT OF THE AIR FORCE
AFLCMC EBHK
6072 FIR AVENUE BLDG 1233
HILL AIR FORCE BASE, UT 84056-5820
(801) 777-4244 jesse.whinham@us.af.mil
(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
(JUN 2020)
(IAW FAR 9.409)
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
(NOV 2015)
(IAW FAR 9.108-5(b))
252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE
GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM
(MAY 2019)
(IAW DFARS 209.409)
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
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))
52.215-14 INTEGRITY OF UNIT PRICES (JUN 2020)
(IAW FAR 15.408(f)(1))
52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS
CONCERNS (DEVIATION 2020-O0008) (MAR 2020)
(IAW Deviation 2020-O0008 Rev. 2)
(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs
(e) and (f) of this clause do not apply if the Offeror has waived the evaluation preference.
__ Offeror elects to waive the evaluation preference.
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)
(IAW FAR 19.708(a))
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020)
(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.]
52.222-19 CHILD LABOR COOPERATION WITH AUTHORITIES AND REMEDIES (DEVIATION
2020-O0019) (JUL 2020)
(IAW Deviation 2020-O0019 Revision 1)
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 (OCT 2020)
(IAW FAR 22.1705(a)(1))
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) LI 0001 None LI 0002 None LI 0003 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 None LI 0002 None LI 0003 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))
252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017)
(IAW DFARS 225.7002-3(a))
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)
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
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
(IAW FAR 29.401-3(a))
52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021)
(IAW 29.402-3(b))
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))
52.232-23 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…
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