FA8224-19-R-0011_PAC_WCD_Solicitation.pdf
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CODE
(Hour)
PAGE(S)
until 12:00 PM local time 26 Nov 2018
X
A
X B
X C
D
EX
X
G
F 26 - 31
32 - 38
H 39 - 42 brian.goodrich.1@us.af.mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA
FAR (48 CFR) 53.214(c)
1 42
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
FA8224 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
BRIAN GOODRICH 801-775-3551
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
2 - 7
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
8 J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
10 - 11 X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 12 - 13 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror)
X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIONS AND INSTRUCTIONS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
14 - 24
PART II - CONTRACT CLAUSES
OL:H/PZIM
PZIMB BRIAN GOODRICH 6038 ASPEN AVE. BLDG 128
HILL AFB UT 84056-5805
801-775-3551
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
08 Nov 2018
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
FA822419R0011
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 12 Months Engineering and Related Services
FFP
Engineering and Related Services in accordance with the attached Performance-
Based Work Statement.
FOB: Destination
SIGNAL CODE: A
NET AMT
FSC CD: R704
0002 1 Lot Engineering Data Requirements
FFP
Engineering Data Requirements in accordance with the attached Performance-
Based Work Statement, and the attached CDRL A0001. If data is not delivered in a timely manner as required, payment will be withheld from the Engineering and
Related Services CLIN.
1001 12 Months Engineering and Related Services
FFP
Engineering and Related Services in accordance with the attached Performance-
Based Work Statement. This CLIN includes the use of clause 52.217-9.
1002 1 Lot Engineering Data Requirements
FFP
Engineering Data Requirements in accordance with the attached Performance-
Based Work Statement, and the attached CDRL A0001. If data is not delivered in a timely manner as required, payment will be withheld from the Engineering and
Related Services CLIN. This CLIN includes the use of clause 52.217-9.
2001 12 Months Engineering and Related Services
FFP
Engineering and Related Services in accordance with the attached Performance-
Based Work Statement. This CLIN includes the use of clause 52.217-9.
2002 1 Lot Engineering Data Requirements
FFP
Engineering Data Requirements in accordance with the attached Performance-
Based Work Statement, and the attached CDRL A0001. If data is not delivered in a timely manner as required, payment will be withheld from the Engineering and
Related Services CLIN. This CLIN includes the use of clause 52.217-9.
3001 12 Months Engineering and Related Services
FFP
Engineering and Related Services in accordance with the attached Performance-
Based Work Statement. This CLIN includes the use of clause 52.217-9.
3002 1 Lot Engineering Data Requirements
FFP
Engineering Data Requirements in accordance with the attached Performance-
Based Work Statement, and the attached CDRL A0001. If data is not delivered in a timely manner as required, payment will be withheld from the Engineering and
Related Services CLIN. This CLIN includes the use of clause 52.217-9.
4001 12 Months Engineering and Related Services
FFP
Engineering and Related Services in accordance with the attached Performance-
Based Work Statement. This CLIN includes the use of clause 52.217-9.
4002 1 Lot Engineering Data Requirements
FFP
Engineering Data Requirements in accordance with the attached Performance-
Based Work Statement, and the attached CDRL A0001. If data is not delivered in a timely manner as required, payment will be withheld from the Engineering and
Related Services CLIN. This CLIN includes the use of clause 52.217-9.
5001 6 Months Engineering and Related Services
FFP
Engineering and Related Services in accordance with the attached Performance-
Based Work Statement. This CLIN includes the use of clause 52.217-8.
5002 1 Lot Engineering Data Requirements
FFP
Engineering Data Requirements in accordance with the attached Performance-
Based Work Statement, and the attached CDRL A0001. If data is not delivered in a timely manner as required, payment will be withheld from the Engineering and
Related Services CLIN. This CLIN includes the use of clause 52.217-8.
Section C - Descriptions and Specifications
CLAUSES INCORPORATED BY REFERENCE
52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
1001 Destination Government Destination Government
1002 Destination Government Destination Government
2001 Destination Government Destination Government
2002 Destination Government Destination Government
3001 Destination Government Destination Government
3002 Destination Government Destination Government
4001 Destination Government Destination Government
4002 Destination Government Destination Government
5001 Destination Government Destination Government
5002 Destination Government Destination Government
52.246-16 Responsibility For Supplies APR 1984
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 05-JAN-2019 TO
04-JAN-2020
N/A 309 AMXG
ULRIKE BROWN
309 AMXG
5875 SOUTHGATE AVE BLDG 225
HILL AFB UT 84056-5231
801-586-9297
F2DCAF
0002 POP 05-JAN-2019 TO
04-JAN-2020
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 05-JAN-2020 TO
04-JAN-2021
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 05-JAN-2020 TO
04-JAN-2021
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 05-JAN-2021 TO
04-JAN-2022
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 05-JAN-2021 TO
04-JAN-2022
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 05-JAN-2022 TO
04-JAN-2023
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 05-JAN-2022 TO
04-JAN-2023
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 05-JAN-2023 TO
04-JAN-2024
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 05-JAN-2023 TO
04-JAN-2024
N/A (SAME AS PREVIOUS LOCATION)
5001 POP 05-JAN-2024 TO
04-JUL-2024
N/A (SAME AS PREVIOUS LOCATION)
5002 POP 05-JAN-2024 TO
04-JUL-2024
N/A (SAME AS PREVIOUS LOCATION)
52.247-34 F.O.B. Destination NOV 1991
Section G - Contract Administration Data
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(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 System for Award Management 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
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in
WAWF, as specified by the contracting officer.
Destination
(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 F03000
Issue By DoDAAC FA8224
Admin DoDAAC FA8224
Inspect By DoDAAC F2DCAF
Ship To Code F2DCAF
Ship From Code 17038
Mark For Code ____
Service Approver (DoDAAC) ____
Service Acceptor (DoDAAC) F2DCAF
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(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 email address identified below in the “Send
Additional Email Notifications” field of WAWF once a document is submitted in the system.
PRI WAWF Acceptor: Ulrike Brown, 801-586-9297, ulrike.brown@us.af.mil
ALT WAWF Acceptor: Juan Gaytan, 801-775-5566, juan.gaytan@us.af.mil
(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.
PRI WAWF Acceptor: Ulrike Brown, 801-586-9297, ulrike.brown@us.af.mil
ALT WAWF Acceptor: Juan Gaytan, 801-775-5566, juan.gaytan@us.af.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
Section I - Contract Clauses
52.202-1 Definitions NOV 2013
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees MAY 2014
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements
JAN 2017
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2016
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017
52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other
Covered Entities.
JUL 2018
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
JUL 2013
52.215-2 Audit and Records--Negotiation OCT 2010
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--
Modifications
AUG 2011
52.215-13 (Dev) Subcontractor Certified Cost or Pricing Data - Modifications
(Deviation 2018-O0015)
JUL 2018
52.215-21 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data -- Modifications
OCT 2010
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the
Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the
Contractor at least 30 days before the end of the contract.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.
52.219-8 Utilization of Small Business Concerns NOV 2016
52.219-9 (Dev) Small Business Subcontracting Plan (Deviation 2018-O0013) APR 2018
52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999
52.222-3 Convict Labor JUN 2003
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-26 Equal Opportunity SEP 2016
52.222-35 Equal Opportunity for Veterans OCT 2015
52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014
52.222-37 Employment Reports on Veterans FEB 2016
52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons MAR 2015
52.222-54 Employment Eligibility Verification OCT 2015
52.223-6 Drug-Free Workplace MAY 2001
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.227-1 Authorization and Consent DEC 2007
52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.229-3 Federal, State And Local Taxes FEB 2013
52.230-3 (Dev) Disclosure and Consistency of Cost Accounting Practices
(DEVIATION 2018-O0015)
JUL 2018
52.230-6 Administration of Cost Accounting Standards JUN 2010
52.232-9 Limitation On Withholding Of Payments APR 1984
52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984
52.232-25 Prompt Payment JAN 2017
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.242-13 Bankruptcy JUL 1995
52.244-5 Competition In Subcontracting DEC 1996
52.244-6 Subcontracts for Commercial Items JUL 2018
52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.253-1 Computer Generated Forms JAN 1991
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-
Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7006 Billing Instructions OCT 2005
252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of
Terrorism
OCT 2015
252.219-7003 (Dev) Small Business Subcontracting Plan (DOD Contracts)
(Deviation 2018-O0007)
APR 2018
252.225-7012 Preference For Certain Domestic Commodities DEC 2017
252.225-7048 Export-Controlled Items JUN 2013
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.237-7001 Compliance With Audit Standards MAY 2000
252.244-7000 Subcontracts for Commercial Items JUN 2013
252.247-7023 Transportation of Supplies by Sea APR 2014
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The
Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the
Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) 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:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 541614 assigned to contract number .
(Contractor to sign and date and insert authorized signer's name and title).
52.248-1 VALUE ENGINEERING (OCT 2010)
(a) General. The Contractor is encouraged to develop, prepare, and submit value engineering change proposals
(VECP's) voluntarily. The Contractor shall share in any net acquisition savings realized from accepted VECP's, in accordance with the incentive sharing rates in paragraph (f) below.
(b) Definitions. "Acquisition savings,'' as used in this clause, means savings resulting from the application of a
VECP to contracts awarded by the same contracting office or its successor for essentially the same unit. Acquisition savings include--
(1) Instant contract savings, which are the net cost reductions on this, the instant contract, and which are equal to the instant unit cost reduction multiplied by the number of instant contract units affected by the VECP, less the
Contractor's allowable development and implementation costs;
(2) Concurrent contract savings, which are net reductions in the prices of other contracts that are definitized and ongoing at the time the VECP is accepted; and
(3) Future contract savings, which are the product of the future unit cost reduction multiplied by the number of future contract units in the sharing base. On an instant contract, future contract savings include savings on increases in quantities after VECP acceptance that are due to contract modifications, exercise of options, additional orders, and funding of subsequent year requirements on a multiyear contract.
"Collateral costs," as used in this clause, means agency cost of operation, maintenance, logistic support, or
Government-furnished property.
"Collateral savings," as used in this clause, means those measurable net reductions resulting from a VECP in the agency's overall projected collateral costs, exclusive of acquisition savings, whether or not the acquisition cost changes.
"Contracting office" includes any contracting office that the acquisition is transferred to, such as another branch of the agency or another agency's office that is performing a joint acquisition action.
"Contractor's development and implementation costs," as used in this clause, means those costs the Contractor incurs on a VECP specifically in developing, testing, preparing, and submitting the VECP, as well as those costs the
Contractor incurs to make the contractual changes required by Government acceptance of a VECP.
"Future unit cost reduction," as used in this clause, means the instant unit cost reduction adjusted as the Contracting
Officer considers necessary for projected learning or changes in quantity during the sharing period. It is calculated at the time the VECP is accepted and applies either (1) throughout the sharing period, unless the Contracting Officer decides that recalculation is necessary because conditions are significantly different from those previously anticipated or (2) to the calculation of a lump-sum payment, which cannot later be revised.
"Government costs," as used in this clause, means those agency costs that result directly from developing and implementing the VECP, such as any net increases in the cost of testing, operations, maintenance, and logistics support. The term does not include the normal administrative costs of processing the VECP or any increase in this contract's cost or price resulting from negative instant contract savings.
"Instant contract," as used in this clause, means this contract, under which the VECP is submitted. It does not include increases in quantities after acceptance of the VECP that are due to contract modifications, exercise of options, or additional orders. If this is a multiyear contract, the term does not include quantities funded after VECP acceptance. If this contract is a fixed-price contract with prospective price redetermination, the term refers to the period for which firm prices have been established.
"Instant unit cost reduction" means the amount of the decrease in unit cost of performance (without deducting any
Contractor's development or implementation costs) resulting from using the VECP on this, the instant contract. If this is a service contract, the instant unit cost reduction is normally equal to the number of hours per line-item task saved by using the VECP on this contract, multiplied by the appropriate contract labor rate.
"Negative instant contract savings" means the increase in the cost or price of this contract when the acceptance of a
VECP results in an excess of the Contractor's allowable development and implementation costs over the product of the instant unit cost reduction multiplied by the number of instant contract units affected.
"Net acquisition savings" means total acquisition savings, including instant, concurrent, and future contract savings, less Government costs.
"Sharing base," as used in this clause, means the number of affected end items on contracts of the contracting office accepting the VECP.
Sharing period, as used in this clause, means the period beginning with acceptance of the first unit incorporating the
VECP and ending at a calendar date or event determined by the contracting officer for each VECP.
"Unit," as used in this clause, means the item or task to which the Contracting Officer and the Contractor agree the
VECP applies.
"Value engineering change proposal (VECP)" means a proposal that--
(1) Requires a change to this, the instant contract, to implement; and
(2) Results in reducing the overall projected cost to the agency without impairing essential functions or characteristics; provided, that it does not involve a change--
(i) In deliverable end item quantities only;
(ii) In research and development (R&D) end items or R&D test quantities that is due solely to results of previous testing under this contract; or
(iii) To the contract type only.
(c) VECP preparation. As a minimum, the Contractor shall include in each VECP the information described in subparagraphs (1) through (8) below. If the proposed change is affected by contractually required configuration management or similar procedures, the instructions in those procedures relating to format, identification, and priority assignment shall govern VECP preparation. The VECP shall include the following:
(1) A description of the difference between the existing contract requirement and the proposed requirement, the comparative advantages and disadvantages of each, a justification when an item's function or characteristics are being altered, the effect of the change on the end item's performance, and any pertinent objective test data.
(2) A list and analysis of the contract requirements that must be changed if the VECP is accepted, including any suggested specification revisions.
(3) Identification of the unit to which the VECP applies.
(4) A separate, detailed cost estimate for (i) the affected portions of the existing contract requirement and (ii) the
VECP. The cost reduction associated with the VECP shall take into account the Contractor's allowable development and implementation costs, including any amount attributable to subcontracts under the Subcontracts paragraph of this clause, below.
(5) A description and estimate of costs the Government may incur in implementing the VECP, such as test and evaluation and operating and support costs.
(6) A prediction of any effects the proposed change would have on collateral costs to the agency.
(7) A statement of the time by which a contract modification accepting the VECP must be issued in order to achieve the maximum cost reduction, noting any effect on the contract completion time or delivery schedule.
(8) Identification of any previous submissions of the VECP, including the dates submitted, the agencies and contract numbers involved, and previous Government actions, if known.
(d) Submission. The Contractor shall submit VECP's to the Contracting Officer, unless this contract states otherwise.
If this contract is administered by other than the contracting office, the Contractor shall submit a copy of the VECP simultaneously to the Contracting Officer and to the Administrative Contracting Officer.
(e) Government action. (1) The Contracting Officer will notify the Contractor of the status of the VECP within 45 calendar days after the contracting office receives it. If additional time is required, the Contracting Officer will notify the Contractor within the 45-day period and provide the reason for the delay and the expected date of the decision. The Government will process VECP's expeditiously; however, it shall not be liable for any delay in acting upon a VECP.
(2) If the VECP is not accepted, the Contracting Officer will notify the Contractor in writing, explaining the reasons for rejection. The Contractor may withdraw any VECP, in whole or in part, at any time before it is accepted by the
Government. The Contracting Officer may require that the Contractor provide written notification before undertaking significant expenditures for VECP effort.
(3) Any VECP may be accepted, in whole or in part, by the Contracting Officer's award of a modification to this contract citing this clause and made either before or within a reasonable time after contract performance is completed. Until such a contract modification applies a VECP to this contract, the Contractor shall perform in accordance with the existing contract. The decision to accept or reject all or part of any VECP is a unilateral decision made solely at the discretion of the Contracting Officer.
(f) Sharing rates. If a VECP is accepted, the Contractor shall share in net acquisition savings according to the percentages shown in the table below. The percentage paid the Contractor depends upon (1) this contract's type
(fixed-price, incentive, or cost-reimbursement), (2) the sharing arrangement specified in paragraph (a) above
(incentive, program requirement, or a combination as delineated in the Schedule), and (3) the source of the savings
(the instant contract, or concurrent and future contracts), as follows:
CONTRACTOR'S SHARE OF NET ACQUISITION SAVINGS
(Figures in percent)
Contract Type Incentive (Voluntary) Program Requirement
(Mandatory)
Instant Contract
Rate
Concurrent and
Future Contract
Rate
Instant Contract
Rate
Concurrent and
Future Contract
Rate
Fixed-price
(includes fixed-price-award-fee;
excludes other fixed-price incentive contracts)
(1) 50 (1) 50 (1) 25 25
Incentive (fixed-price or cost)
(other than award fee)
(2) (1) 50 (2) 25
Cost-reimbursement
(includes cost-plus-award-fee;
excludes other cost-type
(3) 25 (3) 25 15 15 incentive
Contracts)
(1) The Contracting Officer may increase the Contractor's sharing rate to as high as 75 percent for each VECP.
(2) Same sharing arrangement as the contract's profit or fee adjustment formula.
(3) The Contracting Officer may increase the Contractor's sharing rate to as high as 50 percent for each VECP.
(g) Calculating net acquisition savings.
(1) Acquisition savings are realized when (i) the cost or price is reduced on the instant contract, (ii) reductions are negotiated in concurrent contracts, (iii) future contracts are awarded, or (iv) agreement is reached on a lump-sum payment for future contract savings (see subparagraph (i)(4) below). Net acquisition savings are first realized, and the Contractor shall be paid a share, when Government costs and any negative instant contract savings have been fully offset against acquisition savings.
(2) Except in incentive contracts, Government costs and any price or cost increases resulting from negative instant contract savings shall be offset against acquisition savings each time such savings are realized until they are fully offset. Then, the Contractor's share is calculated by multiplying net acquisition savings by the appropriate
Contractor's percentage sharing rate (see paragraph (f) above). Additional Contractor shares of net acquisition savings shall be paid to the Contractor at the time realized.
(3) If this is an incentive contract, recovery of Government costs on the instant contract shall be deferred and offset against concurrent and future contract savings. The Contractor shall share through the contract incentive structure in savings on the instant contract items affected. Any negative instant contract savings shall be added to the target cost or to the target price and ceiling price, and the amount shall be offset against concurrent and future contract savings.
(4) If the Government does not receive and accept all items on which it paid the Contractor's share, the Contractor shall reimburse the Government for the proportionate share of these payments.
(h) Contract adjustment. The modification accepting the VECP (or a subsequent modification issued as soon as possible after any negotiations are completed) shall--
(1) Reduce the contract price or estimated cost by the amount of instant contract savings, unless this is an incentive contract;
(2) When the amount of instant contract savings is negative, increase the contract price, target price and ceiling price, target cost, or estimated cost by that amount;
(3) Specify the Contractor's dollar share per unit on future contracts, or provide the lump-sum payment;
(4) Specify the amount of any Government costs or negative instant contract savings to be offset in determining net acquisition savings realized from concurrent or future contract savings; and
(5) Provide the Contractor's share of any net acquisition savings under the instant contract in accordance with the following:
(i) Fixed-price contracts--add to contract price.
(ii) Cost-reimbursement contracts--add to contract fee.
(i) Concurrent and future contract savings.
(1) Payments of the Contractor's share of concurrent and future contract savings shall be made by a modification to the instant contract in accordance with subparagraph (h)(5) above. For incentive contracts, shares shall be added as a separate firm-fixed-price line item on the instant contract. The Contractor shall maintain records adequate to identify the first delivered unit for 3 years after final payment under this contract.
(2) The Contracting Officer shall calculate the Contractor's share of concurrent contract savings by (i) subtracting from the reduction in price negotiated on the concurrent contract any Government costs or negative instant contract savings not yet offset and (ii) multiplying the result by the Contractor's sharing rate.
(3) The Contracting Officer shall calculate the Contractor's share of future contract savings by (i) multiplying the future unit cost reduction by the number of future contract units scheduled for delivery during the sharing period, (ii) subtracting any Government costs or negative instant contract savings not yet offset, and (iii) multiplying the result by the Contractor's sharing rate.
(4) When the Government wishes and the Contractor agrees, the Contractor's share of future contract savings may be paid in a single lump sum rather than in a series of payments over time as future contracts are awarded. Under this alternate procedure, the future contract savings may be calculated when the VECP is accepted, on the basis of the
Contracting Officer's forecast of the number of units that will be delivered during the sharing period. The
Contractor's share shall be included in a modification to this contract (see subparagraph (h)(3) above) and shall not be subject to subsequent adjustment.
(5) Alternate no-cost settlement method. When, in accordance with subsection 48.104-4 of the Federal Acquisition
Regulation, the Government and the Contractor mutually agree to use the no-cost settlement method, the following applies:
(i) The Contractor will keep all the savings on the instant contract and on its concurrent contracts only.
(ii) The Government will keep all the savings resulting from concurrent contracts placed on other sources, savings from all future contracts, and all collateral savings.
(j) Collateral savings. If a VECP is accepted, the Contracting Officer will increase the instant contract amount, as specified in paragraph (h)(5) of this clause, by a rate from 20 to 100 percent, as determined by the Contracting
Officer, of any projected collateral savings determined to be realized in a typical year of use after subtracting any
Government costs not previously offset. However, the Contractor's share of collateral savings will not exceed the contract's firm-fixed-price, target price, target cost, or estimated cost, at the time the VECP is accepted, or $100,000, whichever is greater. The Contracting Officer will be the sole determiner of the amount of collateral savings.
(k) Relationship to other incentives. Only those benefits of an accepted VECP not rewardable under performance, design-to-cost (production unit cost, operating and support costs, reliability and maintainability), or similar incentives shall be rewarded under this clause. However, the targets of such incentives affected by the VECP shall not be adjusted because of VECP acceptance. If this contract specifies targets but provides no incentive to surpass them, the value engineering sharing shall apply only to the amount of achievement better than target.
(l) Subcontracts. The Contractor shall include an appropriate value engineering clause in any subcontract of
$150,000 or more and may include one in subcontracts of lesser value. In calculating any adjustment in this contract's price for instant contract savings (or negative instant contract savings), the Contractor's allowable development and implementation costs shall include any subcontractor's allowable development and implementation costs, and any value engineering incentive payments to a subcontractor, clearly resulting from a VECP accepted by the Government under this contract. The Contractor may choose any arrangement for subcontractor value engineering incentive payments; provided, that the payments shall not reduce the Government's share of concurrent or future contract savings or collateral savings.
(m) Data. The Contractor may restrict the Government's right to use any part of a VECP or the supporting data by marking the following legend on the affected parts:
"These data, furnished under the Value Engineering clause of contract . . . . . . . . . . , shall not be disclosed outside the Government or duplicated, used, or disclosed, in whole or in part, for any purpose other than to evaluate a value engineering change proposal submitted under the clause. This restriction does not limit the Government's right to use information contained in these data if it has been obtained or is otherwise available from the Contractor or from another source without limitations."
If a VECP is accepted, the Contractor hereby grants the Government unlimited rights in the VECP and supporting data, except that, with respect to data qualifying and submitted as limited rights technical data, the Government shall have the rights specified in the contract modification implementing the VECP and shall appropriately mark the data.
(The terms "unlimited rights" and "limited rights" are defined in Part 27 of the Federal Acquisition Regulation.)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil/VFFARA.HTM http://farsite.hill.af.mil/VFDFARA.HTM http://farsite.hill.af.mil/vfafmca.htm http://farsite.hill.af.mil/vfaffara.htm
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Requisition Supplement (48 CFR
Chapter 2 clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
5352.201-9101 OMBUDSMAN (APR 2014)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, [Mrs.
Jonna Hancey AFMC OL_H/PZC 801-777-6549, jonna.hancey@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/HQ AFICA/AFISRA/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. (INTERIM CHANGE: See Policy Memo
14-C-05)
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.
Section J - List of Documents, Exhibits and Other Attachments
Exhibit/Attachment Table of Contents
DOCUMENT TYPE DESCRIPTION PAGES DATE
Attachment 1 PWS 17 31-JUL-2018
Attachment 2 CDRL 3 01-NOV-2018
Section K - Representations, Certifications and Other Statements of Offerors
52.203-18 Prohibition on Contracting With Entities That Require Certain
Internal Confidentiality Agreements or Statements--
Representation
JAN 2017
52.209-7 Information Regarding Responsibility Matters JUL 2013
52.209-13 Violation of Arms Control Treaties or Agreements --
Certification.
JUN 2018
52.215-22 Limitations on Pass-Through Charges--Identification of
Subcontract Effort
OCT 2009
52.219-1 Alt I Small Business Program Representations (Sept 2015)
Alternate I
SEP 2015
52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
OCT 2015
252.237-7000 Notice Of Special Standards Of Responsibility DEC 1991
52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT 2014)
(a) Definition. Women-owned business concern, as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (c)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ( ___ ) is a women-owned business concern.
(End of provision)
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations
Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (DEVIATION 2018-O0015)
(MAY 2018)
Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III.
Offerors shall examine each part and provide the requested information in order to determine Cost Accounting
Standards (CAS) requirements applicable to any resultant contract.
If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.
I. DISCLOSURE STATEMENT—COST ACCOUNTING PRACTICES AND CERTIFICATION
(a) Any contract in excess of $2 million resulting from this solicitation will be subject to the requirements of the
Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in
48 CFR 9903.201-1.
(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48
CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR
9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror’s proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal.
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