FA823223R3000_22JUN23.pdf
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- Attached to
- F-16 FMS Product Support Integrator Federal contract opportunity
- Solicitation number
- FA8232-23-R-3000
About this file
This is a solicitation for a ten-year Indefinite Delivery/Indefinite Quantity contract to provide Repair and Return, Engineering and Technical Support Resolution, and Diminishing Manufacturing Sources and Material Shortages services for F-16 Foreign Military Sales customers. The estimated minimum value is $1 million and maximum is $987 million. Offerors must propose fixed labor rates applicable to all task orders issued under the contract. Task orders will be issued for Engineering and Technical Support and DMSMS requirements as needed, while Repair and Return orders will be placed as asset requirements arise. The contractor must manage a web-based system to support Repair and Return functions. Pricing includes an Administrative Fee per repaired asset for Repair and Return services. The solicitation requests cost and pricing data and establishes various contract line item numbers for the different contract services.
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Text version
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)
PREVIOUS EDITION NOT USABLE Prescribed by GSA – FAR (48 CFR) 53/214(c)
SOLICITATION, OFFER AND AWARD JSU
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15CFR 7900)
RATING
N/A:A1
Page of Page
2. CONTRACT NO. 3. SOLICITATION NO.
FA8232-23-R-3000
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
7. ISSUED BY
DEPARTMENT OF THE AIR FORCE, DIRECTORATE OF CONTRACTING
AFLCMC WWMK
6072 FIR AVENUE BLDG 1233
HILL AIR FORCE BASE UT 84056-5820
BUYER: Jessica S. Boyles/AFLCMC jessica.boyles.1@us.af.mil Phone: (801) 777- 9333
FA8232 8. ADDRESS OFFER TO (If other than Item 7)
11. TABLE OF CONTENTS
(X) SEC. DESCRIPTON PAGE(S) (X) Sec. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
X A SOLICITATION/CONTRACT FORM
X B SUPPLIES OR SERVICES AND
C DESCRIPTION/SPECS/WORK STATEMENT
D PACKAGING AND MARKING
X E INPECTION AND ACCEPTANCE
X F DELIVERIES OR PERFORMANCE
X G CONTRACT ADMINISTRATION DATA
H SPECIAL CONTRACT REQUIREMENTS
X I CONTRACT CLAUSES
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER
X J LIST OF ATTACHMENTS
X K REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
PART IV - REPRESENTATIONS AND INSTRUCTIONS
X L INSTRS., CONDS., AND NOTICES TO OFFERORS
X M EVALUATION AND FACTORS FOR AWARD
OFFER (Must be fully completed by offeror)
24. ADMINISTERED BY (If other than Item 7) SCD:C 25. PAYMENT WILL BE MADE BY CODE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
28. AWARD DATE
X
5. DATE ISSUED 6.REQUISITION/PURCHASE NO
NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.
9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in until 2:00 (Hour) local time 21-AUG-2023 (Date).
CAUTION- LATE Submissions, Modifications, and Withdrawals: Section L, Provision No 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this section.
10. FOR INFORMATION
CALL:
A. NAME
Jessica S Boyles
B. TELEPHONE (NO COLLECT CALLS)
(801 ) 777 -9333
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
12. In compliance with the above, the undersigned agrees, if this offer is accepted within 120 calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT(See Section I, Clause No 52.232-8)
10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS
14. ACKNOWLEDGEMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:
AMENDMENT NO. DATE AMENDMENT NO. DATE
15A. NAME AND
ADDRESS OF
OFFEROR
CODE FACILITY 16. NAME AND TITLE OF PERSON
AUTHORIZED TO SIGN OFFER (Type or print)
15B. TELEPHONE NO.
(Include Area Code)
15C.CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE-ENTER
SUCH ADDRESS IN SCHEDULE.
17. SIGNATURE 18. OFFER DATE
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS 20. AMOUNT
21. ACCOUNTING AND APPROPRIATION
SEE SCHEDULE
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN
COMPETITION
10 U.S.C. 2304 (c) ( ) 41 U.S.C. 253 (c)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM
SOLICITATION
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
C. E-MAIL ADDRESS
jessica.boyles.1@us.af.mil
22 JUNE 2023
FA8232-23-R-3000
PART I - THE SCHEDULE
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
1. This document serves as written request for a complete proposal for a ten (10) year Indefinite Delivery/Indefinite Quantity (IDIQ) Product Support Integrator (PSI) contract that will consist of Repair and Return (R&R), Engineering and Technical Support Resolution (E&TS), and Diminishing Manufacturing Sources and Material Shortages (DMSMS) in accordance with (IAW) attached Performance Work Statements (PWS). Pricing being requested is outlined in the Section L Instructions, Conditions, and Notices to Offerors attachment.
2. Overall period of performance (PoP) shall not exceed one year after the last ordering period ends.
Proposed labor rates shall be applicable to all Requests for Proposal (RFP) issued under the awarded PSI IDIQ. The Government will issue RFPs when requirements for E&TS and DMSMS arise. Orders for E&TS and DMSMS will be issued after proposal receipt, review, and negotiation on an as needed basis. Orders for R&R will be issued as requirements arise.
3. The contractor and any first-tier subcontractors shall provide a proposal validity date through 120 calendar days from the date for receipt of offers IAW block 12.
The estimated minimum quantity for this IDIQ contract is $1M.
The estimated maximum quantity for this IDIQ contract is $987M.
Data IAW Exhibit A CDRL
Item No.
Not Separately Priced Quantity U/I Unit Price
LO NSP
J016 Data CDRLs Data IAW Exhibit "A" A001-A0007 DD Form 1423, dated 15 May 2023 Priority: R ROUTINE.
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection Foreign Military Sales :FMS Case:
Place of Perf Quantity (U/I) To be determined _ Req No / Pri
Data IAW Exhibit A CDRL
Required Period of Performance
B 1423 LO TBD
Proposed Period of Performance
B 1423 LO
Data IAW Exhibit B CDRL
Item No.
Not Separately Priced Quantity U/I Unit Price
LO NSP
J016 XW
Data CDRLs Data IAW Exhibit "B" B001-B007 DD Form 1423, dated 15 May 2023 Priority: R ROUTINE.
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection Foreign Military Sales :FMS Case:
Type / Ship To Quantity (U/I) To be determined _ Req No / Pri
Required Delivery
B 1423 LO TBD
Proposed Delivery
B 1423 LO
Travel
Item No.
Cost Reimbursement - No Fee Quantity U/I Est Unit Cost Total Estimated Cost
LO To Be Negotiated
J016 Travel CRNF Travel as directed IAW PWS.
Travel
Travel will be approved and negotiated as needed based on individual delivery/task order requirements.
Priority: R ROUTINE.
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection Foreign Military Sales :FMS Case:
Place of Perf Quantity (U/I) To be cited on individual orders issued hereunder
_ Req No / Pri
Required Period of Performance
LO TBC
Proposed Period of Performance
LO
Material
Item No.
Cost Reimbursement - No Fee Quantity U/I Est Unit Cost Total Estimated Cost
EA
J016 Material CRNF Material as directed IAW PWS.
Material will be approved and negotiated as needed based on individual delivery/task order requirements Priority: R ROUTINE.
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection Foreign Military Sales :FMS Case:
Place of Perf Quantity (U/I) To be cited on individual orders issued hereunder
_ Req No / Pri
Required Period of Performance
EA TBC
Material
Proposed Period of Performance
EA
Repair & Return Administrative Fee
Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
EA
J016 Repair & Return (R&R) Administrative Fee The R&R Administrative Fee shall encompass the total overall cost for the contractor to perform the R&R portion of the PSI contract, excluding the cost of the repairs. Administrative fee shall be fully burdened and must include but not be limited to:
prime contractor labor, fringe benefits, overhead, general and administrative, vendor and subcontractor management, transition phase-in costs, mandatory travel requirements IAW R&R PWS Para 3.2.2, and data costs. Additionally, the Administrative Fee shall include the total overall Web Based Management System IAW R&R PWS Para 7, to include management and ensuring system inputs are up to date. The Administrative Fee shall be charged per asset repaired.
Priority: R ROUTINE.
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection Foreign Military Sales :FMS Case:
Place of Perf Quantity (U/I) To be cited on individual orders issued hereunder
_ Req No / Pri
Required Period of Performance
EA TBC
Proposed Period of Performance
EA
Repair & Return CLIN Series
Item No.
Cost Reimbursement - No Fee Quantity U/I Est Unit Cost Total Estimated Cost
EA
Repair & Return CLIN Series
J016 Repair & Return (R&R) CLIN Series This R&R CLIN series shall be used to accomplish R&R requirements IAW the applicable PWS. Each asset will be assigned an individual CLIN within this series, that will not change, when orders are placed.
Priority: R ROUTINE.
Limitations of Liability: High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection Foreign Military Sales :FMS Case:
Place of Perf Quantity (U/I) To be cited on individual orders issued hereunder
_ Req No / Pri
Required Period of Performance
EA TBC
Proposed Period of Performance
EA
Diminishing Manufacturing Sources & Material Shortages CLIN Series FFP
Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
EA
J016 Diminishing Manufacturing Sources and Material Shortages Resolution (DMSMS) CLIN Series This DMSMS CLIN series shall be used to accomplish FFP DMSMS requirements IAW the applicable PWSs.
Priority: R ROUTINE.
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection Foreign Military Sales :FMS Case:
Place of Perf Quantity (U/I) To be cited on individual orders issued hereunder
_ Req No / Pri
Required Period of
Diminishing Manufacturing Sources & Material Shortages CLIN Series FFP
EA TBC
Proposed Period of Performance
EA
Diminishing Manufacturing Sources and Material Shortages CLIN Series CPFF
Item No.
Cost Plus Fixed Fee Quantity U/I Estimated Cost Fixed Fee Est Total Cost
EA
J016 XW
Diminishing Manufacturing Sources and Material Shortages Resolution (DMSMS) CLIN Series This DMSMS CLIN series shall be used to accomplish CPFF DMSMS requirements IAW the applicable PWSs.
Priority: R ROUTINE.
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection Foreign Military Sales :FMS Case:
Type / Ship To Quantity (U/I) To be cited on individual orders issued hereunder
_ Req No / Pri
Required Delivery
EA TBC
Proposed Delivery
EA
Engineering & Technical Support CLIN Series FFP
Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
EA
J016 Engineering & Technical Support Resolution (E&TS) CLIN Series This E&TS CLIN series shall be used to accomplish FFP E&TS requirements IAW the applicable PWSs.
Priority: R ROUTINE.
Engineering & Technical Support CLIN Series FFP
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection Foreign Military Sales :FMS Case:
Place of Perf Quantity (U/I) To be cited on individual orders issued hereunder
_ Req No / Pri
Required Period of Performance
EA TBC
Proposed Period of Performance
EA
Engineering & Technical Support CLIN Series CPFF
Item No.
Cost Plus Fixed Fee Quantity U/I Estimated Cost Fixed Fee Est Total Cost
EA
J016 Engineering & Technical Support Resolution (E&TS) CLIN Series This E&TS CLIN series shall be used to accomplish CPFF E&TS requirements IAW the applicable PWSs.
Priority: R ROUTINE.
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection Foreign Military Sales :FMS Case:
Place of Perf Quantity (U/I) To be cited on individual orders issued hereunder
_ Req No / Pri
Required Period of Performance
EA TBC
Proposed Period of
Engineering & Technical Support CLIN Series CPFF
EA
SHIP TO / PLACE OF PERFORMANCE
TYPE/CODE: B 1423
IAW DD FORM 1423
MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)
AWARD NUMBER:
PART I - THE SCHEDULE
SECTION E
INSPECTION AND ACCEPTANCE
52.246-3 INSPECTION OF SUPPLIES--COST-REIMBURSEMENT (MAY 2001)
(IAW FAR 46.303)
(a) Definitions. As used in this clause-- "Contractor's managerial personnel” means any of the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of--
(1) All or substantially all of the Contractor's business;
(2) All or substantially all of the Contractor's operation at a plant or separate location where the contract is being performed; or
(3) A separate and complete major industrial operation connected with performing this contract.
"Supplies" includes but is not limited to raw materials, components, intermediate assemblies, end products, lots of supplies, and, when the contract does not include the Warranty of Data clause, data.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the supplies, fabricating methods, and special tooling under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test the contract supplies, to the extent practicable at all places and times, including the period of manufacture, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in the contract performance. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) Unless otherwise specified in the contract, the Government shall accept supplies as promptly as practicable after delivery, and supplies shall be deemed accepted 60 days after delivery, unless accepted earlier.
(f) At any time during contract performance, but no later than 6 months (or such other time as may be specified in the contract) after acceptance of the supplies to be delivered under the contract, the Government may require the Contractor to replace or correct any supplies that are nonconforming at time of delivery. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. Except as otherwise provided in paragraph (h) below, the cost of replacement or correction shall be included in allowable cost, determined as provided in the Allowable Cost and Payment clause, but no additional fee shall be paid. The Contractor shall not tender for acceptance supplies required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.
(g)(1) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, the Government may--
(i) By contract or otherwise, perform the replacement or correction and charge to the Contractor any increased cost or make an equitable reduction in any fixed fee paid or payable under the contract;
(ii) Require delivery of undelivered supplies at an equitable reduction in any fixed fee paid or payable under the contract; or
(iii) Terminate the contract for default.
(2) Failure to agree on the amount of increased cost to be charged to the Contractor or to the reduction in the fixed fee shall be a dispute.
(h) Notwithstanding paragraphs (f) and (g) above, the Government may at any time require the Contractor to correct or replace, without cost to the Government, nonconforming supplies, if the nonconformances are due to—
(1) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or
(2) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.
(i) This clause applies in the same manner to corrected or replacement supplies as to supplies originally delivered.
(j) The Contractor shall have no obligation or liability under this contract to replace supplies that were nonconforming at the time of delivery, except as provided in this clause or as may be otherwise provided in the contract.
(k) Except as otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.
(Applicable for cost-reimbursement supplies or services furnishing supplies)
52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)
(IAW FAR 46.304)
(a) Definitions.
"Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—
(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and
(2) Reduce the contract price to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—
(1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or
(2) terminate the contract for default.
(Applicable for fixed-price services, or supplies furnishing services over the simplified acquisition threshold)
52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT (APR 1984)
(IAW FAR 46.305)
(a) Definition.
"Services," as used in this clause, includes services performed, workmanship, and material furnished or used in performing services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all places and times during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If any of the services performed do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, for no additional fee. When the defects in services cannot be corrected by reperformance, the Government may—
(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and
(2) Reduce any fee payable under the contract to reflect the reduced value of the services performed.
(e) If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in conformity with contract requirements, the Government may—
(1) By contract or otherwise, perform the services and reduce any fee payable by an amount that is equitable under the circumstances; or
(2) Terminate the contract for default.
(Applicable for cost-reimbursement services, or supplies furnishing services)
52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)
(IAW FAR 46.316)
(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.
(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon--
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.
(c) Paragraph (b) above shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance.
After cure or acceptance, paragraph (b) above shall apply.
(d) Under paragraph (b) above, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.
(Applicable to the furnishing of supplies, services involving the furnishing of supplies, or research and development, when a fixed-price contract is contemplated and the contract amount is expected to exceed the simplified acquisition threshold)
INSPECTION AND ACCEPTANCE (SEP 1999)
(IAW FAR 46.401(b), FAR 46.503)
(Applicable to all orders issued hereunder)
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: To be cited on individual orders
PART I - THE SCHEDULE
SECTION F
DELIVERIES OR PERFORMANCE
52.211-8 TIME OF DELIVERY (JUN 1997)
(IAW FAR 11.404(a)(2))
(a) The Government requires delivery to be made according to the following schedule:
DELIVERY FOR EACH ITEM IS ANNOTATED IN THE SCHEDULE (PART I SECTION B) UNDER EACH LINE ITEM.
The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.
ANNOTATE YOUR PROPOSED DELIVERY, IF ANY, UNDER THE GOVERNMENT’S DELIVERY SET FORTH UNDER EACH ITEM IN THE
SCHEDULE.
(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.
(Applicable when the Government desires delivery by a certain time but requires delivery by a specified later time, and the delivery schedule is to be based on the date of the contract)
52.242-15 STOP-WORK ORDER (AUG 1989)
(IAW FAR 42.1305(b)(1))
(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause.
Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.
(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and
(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;
provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
(Applicable for supplies, services, or research and development)
52.242-15 STOP-WORK ORDER -- ALTERNATE I (APR 1984)
(IAW FAR 42.1305(b)(2))
If this clause is inserted in a cost- reimbursement contract, substitute in paragraph (a)(2) the words "the Termination clause of this contract" for the words "the Default, or the Termination for Convenience of the Government clause of this contract." In paragraph (b) substitute the words "an equitable adjustment in the delivery schedule, the estimated cost, the fee, or a combination thereof, and in any other terms of the contract that may be affected" for the words "an equitable adjustment in the delivery schedule or contract price, or both."
(Applicable for Cost-reimbursement line items)
52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)
(IAW FAR 42.1305(c))
(a) If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.
(b) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved, and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.
(Applicable to fixed-price for supplies other than commercial or modified-commercial items)
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.
(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.
(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 To be cited at order level.
Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code Ship From Code Mark For Code 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.
(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.)
PART II - CONTRACT CLAUSES
SECTION I
CONTRACT CLAUSES
252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)
(IAW DFARS 201.602-70)
(a) Definition. "Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.
(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.
(Applicable to all orders issued hereunder)
5352.201-9101 OMBUDSMAN (OCT 2019)
(IAW AFFARS 5301.9103)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern.
The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Melinda Schmidt, melinda.schmidt@us.af.mil, 801-777-6549. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements.
Such inquiries shall be directed to the contracting officer.
(The above Clause/Provision has been modified.)
52.202-1 DEFINITIONS (JUN 2020)
(IAW FAR 2.201)
When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless—
(a) The solicitation, or amended solicitation, provides a different definition;
(b) The contracting parties agree to a different definition;
(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;
(d) The word or term is defined in FAR part 31, for use in the cost principles and procedures; or
(e) The word or term defines an acquisition-related threshold, and if the threshold is adjusted for inflation as set forth in FAR 1.109(a), then the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment; see FAR 1.109(d).
(Applicable when the simplified acquisition threshold is exceeded)
52.203-3 GRATUITIES (APR 1984)
(IAW FAR 3.202)
(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--
(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;
and
(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.
(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.
(c) If this contract is terminated under paragraph (a) above, the Government is entitled--
(1) To pursue the same remedies as in a breach of the contract; and
(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)
(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.
(Applicable when simplified acquisition threshold is exceeded, except for personal services and those between military departments or defense agencies and foreign governments that do not obligate any funds appropriated to the Department of Defense)
52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
(IAW FAR 3.404)
(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.
(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.
"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.
"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.
"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.
(Applicable when simplified acquisition threshold is exceeded other than those for commercial items (see Parts 2 and 12))
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)
(IAW FAR 3.503-2)
(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.
(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.
(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award.
(Applicable when the simplified acquisition threshold is exceeded)
52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)
(IAW FAR 3.502-3)
(a) Definitions.
"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.
"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.
"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.
"Prime Contractor" as used in this clause, means a person who has entered into a prime contract with the United States.
"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent or a prime Contractor.
"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.
"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.
"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.
(b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from--
(1) Providing or attempting to provide or offering to provide any kickback;
(2) Soliciting, accepting, or attempting to accept any kickback; or
(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.
(c) (1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.
(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General.
(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.
(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.
(5) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c)(5) but excepting paragraph (c)(1) of this clause, in all subcontracts under this contract that exceed the threshold specified in Federal Acquisition Regulation 3.502–2(i) on the date of subcontract award.
(End of clause) (Applicable when the simplified acquisition threshold is exceeded)
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR
IMPROPER ACTIVITY (MAY 2014)
(IAW FAR 3.104-9(a))
(a) If the Government receives information that a contractor or a person has violated 41 U.S.C. 2102-2104, Restrictions on Obtaining and Disclosing Certain Information, the Government may--
(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or
(2) Rescind the contract with respect to which--
(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct violates 41 U.S.C. 2102 for the purpose of either--
(A) Exchanging the information covered by such subsections for anything of value; or
(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or
(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct punishable under 41 U.S.C.
2105(a).
(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.
(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract.
(Applicable when noncommercial and the simplified acquisition threshold is exceeded)
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
(IAW FAR 3.104-9(b))
(a) The Government, at its election, may reduce the price of a fixed-price type contract and the total cost and fee under a cost-type contract and the total cost and fee under a cost-type contract by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the head of the contracting activity or designee determines that there was a violation of 41 U.S.C. 2102 or 2103, as implemented in section 3.104 of the Federal Acquisition Regulation.
(b) The price or fee reduction referred…
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