FA823223R3000 Draft RFP.pdf
PDF 2 MB Posted
- Attached to
- F-16 FMS Product Support Integrator (PSI) Draft Solicitation Federal contract opportunity
- Solicitation number
- FA8232-23-R-3000
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| PSI_Questions_Answers_3.pdf | ||
| PSI_Questions_Answers_2.pdf | ||
| PSI_Questions_Answers_1.pdf | ||
| Attach_9_PSI_Repair_Table.xlsx | XLSX spreadsheet | |
| Attach_1_CDRLs_Draft.pdf | ||
| Attach_2_PSI_Basic_PWS_Draft.pdf | ||
| Attach_5_PSI_DMSMS_PWS_Draft.pdf | ||
| Attach_L-4_Client_Authorization_Letter.pdf | ||
| Attach_L-5_Past_Performance_Questionnaire.pdf | ||
| Attach_L-7_Cost_Price_Workbook.xlsx | XLSX spreadsheet | |
| Attach_4_PSI_ETS_PWS_Draft.pdf | ||
| Attach_L-2_Transmittal_Letter.pdf | ||
| Attach_3_PSI_RR_PWS_Draft.pdf | ||
| Attach_7_PSI_Section_L_Draft.pdf | ||
| Attach_L-1_Past_Performance_Information.pdf | ||
| Attach_L-8_Sample_Repair_List.xlsx | XLSX spreadsheet | |
| Attach_L-3_Consent_Letter.pdf | ||
| Attach_L-6_Cross_Reference_Matrix.xlsx | XLSX spreadsheet | |
| Attach_8_PSI_Section_M_Draft.pdf |
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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 JS
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
E INPECTION AND ACCEPTANCE
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
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 -- (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 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
FA8232-23-R-3000
PART I - THE SCHEDULE
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
THIS IS A DRAFT RFP. NO PROPOSALS ARE BEING REQUESTED OR ACCEPTED AT THIS TIME.
1. This document serves as written request for a complete proposal for a ten (10) year Indefinite Delivery/Indefinite Quantity (ID/IQ) 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 for ET&S and DMSMS is not being requested at this time. The Government will issue Request for Proposals (RFP) 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. The basic PSI and R&R PWSs are applicable to the pricing being requested at this time. The E&TS and DMSMS PWSs are attached for informational purposes and to describe the full scope of the contract.
2. The proposal shall include the following:
a. Three (3) years of Firm-Fixed Price (FFP) fully burdened labor rates for the labor categories listed in Attachment 7, Pricing Table. These fully burdened labor rates and categories shall be used for all RFPs under the PSI IDIQ.
b. Three (3) years of FFP fully burdened R&R administrative fee IAW Attachment 7, Pricing Table. This administrative fee shall be fully burdened and encompass all management and administrative duties and actions associated with the processing and accomplishment of R&R requirements, to include overall R&R program management. This fee shall also include profit for R&R orders.
3. This RFP will result in a ten (10) year IDIQ with three priced ordering periods (two three-year periods and one four-year period). Overall period of performance (PoP) shall not exceed one year after the last ordering period ends. The fully burdened labor rates and R&R administrative fee shall be proposed and negotiated for each ordering period prior to the end of the previous ordering period. Negotiated labor rates shall be applicable to all RFPs under the PSI IDIQ.
4. The contractor and any first-tier subcontractors shall provide a proposal validity date through DD
MMM YYYY.
Data IAW Exhibit 'X' CDRLs
Item No.
Not Separately Priced Quantity U/I Unit Price
Data IAW Exhibit 'X' CDRLs
EA NSP
J016 Data CDRLs Data IAW Exhibit "x" X001-X000X DD Form 1423, dated XX.
Priority: R ROUTINE.
Foreign Military Sales :FMS Case:
Travel
Item No.
Cost Reimbursement - No Fee Quantity U/I Est Unit Cost Total Estimated Cost
EA To Be Negotiated
J016 Travel CRNF Travel as directed IAW PWS.
Travel will be approved and negotiated as needed based on individual delivery/task order requirements.
Priority: R ROUTINE.
Foreign Military Sales :FMS Case:
Repair & Return Administrative Fee
Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
EA
J016 Repair & Return (R&R) Administrative Fee The fully burdened administrative fee shall include all management associated with the processing and accomplishment of R&R requirements, to include overall R&R program management and profit. The fee shall be charged per asset on each R&R order.
Priority: R ROUTINE.
Foreign Military Sales :FMS Case:
R&R CLIN Series 4000-4999
Item No.
Cost Reimbursement - No Fee Quantity U/I Est Unit Cost Total Estimated Cost
EA
J016 Repair & Return (R&R) CLIN Series 4000-4999
R&R CLIN Series 4000-4999
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.
Foreign Military Sales :FMS Case:
DMSMS CLIN Series 5000-5999
Item No.
To Be Negotiated Quantity U/I Unit Price
EA TBN
J016 Diminishing Manufacturing Sources and Material Shortages Resolution (DMSMS) CLIN Series 5000-5999 This DMSMS CLIN series shall be used to accomplish DMSMS requirements IAW the applicable PWSs. The contract type for CLINs within this CLIN series will vary based on individual order requirements. Contract types may include Firm Fixed Price or Cost Reimbursement and will be determined and negotiated after proposal receipt prior to award of order.
Priority: R ROUTINE.
Foreign Military Sales :FMS Case:
E&TS CLIN Series 6000-6999
Item No.
To Be Negotiated Quantity U/I Unit Price
EA TBN
J016 Engineering & Technical Support Resolution (E&TS) CLIN Series 6000-6999 This E&TS CLIN series shall be used to accomplish E&TS requirements IAW the applicable PWSs. The contract type for CLINs within this CLIN series will vary based on individual order requirements. Contract types may include Firm Fixed Price or Cost Reimbursement and will be determined and negotiated after proposal receipt prior to award of order.
Priority: R ROUTINE.
Foreign Military Sales :FMS Case:
PART I - THE SCHEDULE
SECTION F
DELIVERIES OR PERFORMANCE
52.242-15 STOP-WORK ORDER (AUG 1989)
(IAW FAR 42.1305(b)(1))
(Applicable for supplies, services, or research and development)
52.242-15 STOP-WORK ORDER -- ALTERNATE I (APR 1984)
(IAW FAR 42.1305(b)(2))
(Applicable for Cost-reimbursement line items)
52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)
(IAW FAR 42.1305(c))
(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))
(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).
(Contracting Officer: Insert applicable document type(s).
Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code 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.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g.
timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
(Contracting Officer: Insert applicable email addresses or “Not applicable.”)
(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) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
PART II - CONTRACT CLAUSES
SECTION I
CONTRACT CLAUSES
252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)
(IAW DFARS 201.602-70)
(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)
(Applicable when the simplified acquisition threshold is exceeded)
52.203-3 GRATUITIES (APR 1984)
(IAW FAR 3.202)
(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)
(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)
(Applicable when the simplified acquisition threshold is exceeded)
52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)
(IAW FAR 3.502-3)
(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))
(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))
(Applicable when the simplified acquisition threshold is exceeded)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
(JUN 2020)
(IAW FAR 3.808(b))
(Applicable over $150,000)
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)
(IAW FAR 3.1004(a))
(Applicable to solicitations and contracts exceeding $5.5 million and the period of performance is greater than 120 days, unless for the acquisition of a commercial product or commercial service under Part 12 or performed entirely outside the U.S.)
52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)
(IAW FAR 3.1106)
(Applicable to solicitations and contracts that are over the simplified acquisition threshold and include a requirement for services by contractor employee(s) that involve performance of acquisition functions closely associated with inherently governmental functions for, or on behalf of, a Federal agency or department)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS (JAN 2017)
(IAW FAR 3.909-3 (b))
(Applicable in all solicitations and resultant contracts other than personal services contracts with individuals)
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS
(SEP 2011)
(IAW DFARS 203.171-4(a), DFARS 212.301(f)(ii))
(Applicable to all solicitations and contracts)
252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER
DEFENSE-CONTRACT-RELATED FELONIES (DEC 2008)
(IAW DFARS 203.570-3)
(Applicable when exceeding the simplified acquisition threshold (except for commercial items))
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(SEP 2013)
(IAW DFARS 203.970)
(Applicable to all solicitations and contracts)
252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019)
(IAW DFARS 203.1004(a), DFARS 212.301(f)(iii))
(Applicable to solicitations and contracts when FAR 52.203-13 is included)
252.203-7004 DISPLAY OF HOTLINE POSTERS (MAY 2019)
(IAW DFARS 203.1004(b)(2)(ii))
(Applicable to acquisitions over $5.5 million, except for commercial items)
52.204-2 SECURITY REQUIREMENTS (MAR 2021)
(IAW FAR 4.404(a))
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011)
(IAW FAR 4.303)
(Applicable when the simplified acquisition threshold is exceeded)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS (JUN 2020)
(IAW FAR 4.1403(a))
(Applicable over $30,000, unless not required to be reported in FPDS)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
(IAW FAR 4.1105(b))
(Applicable to solicitations that contain the provision at 52.204-7, and resulting contracts)
52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY
CONTRACTS (OCT 2016)
(IAW FAR 4.1705(b))
(Applicable to solicitations and indefinite-delivery contracts for services where orders are expected to meet or exceed the thresholds at 4.1703, but not for actions entirely funded by DoD, awards with a generic entity identifier, or in classified actions)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
(IAW FAR 4.1804(c), FAR 12.301(d))
(Applicable when there is a requirement to be registered in SAM or to have a DUNS Number)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS
(DEC 2014)
(IAW FAR 4.1202(b))
(Applicable to all solicitations and contracts)
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS
(NOV 2021)
(IAW FAR 4.1903)
(Applicable to all solicitations and contracts, except COTs, when a contractor’s system may contain Federal contract information)
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES
DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED
ENTITIES (NOV 2021)
(IAW FAR 4.2004)
(Applicable in all contracts and solicitations)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
(IAW 4.2105(b))
252.204-7002 PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED (APR 2020)
(IAW DFARS 204.7109(a))
(Applicable to all not separately priced subline items)
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
(IAW DFARS 204.404-70(b))
(Applicable to all orders issued hereunder)
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING (DEC 2019)
(IAW DFARS 204.7304(c))
(Applicable to all solicitations and contracts, including commercial except when solely for commercial-off-the-shelf items)
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION
SUPPORT (MAY 2016)
(IAW DFARS 204.7403(b), DFARS 212.301(f)(i)(F))
(Applicable to solicitations and contracts that involve litigation support services when 252.204-7014 is not included)
252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE
TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2021)
(IAW DFARS 204.2105(c))
(Applicable to all soliciations.)
252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (MAR 2022)
(IAW DFARS 204.7304(e))
(Applicable in all solicitations and contracts, task orders, or delivery orders, including those using FAR part 12 procedures for the acquisition of commercial items, except for those that are solely for the acquisition of COTS items)
252.204-7022 EXPEDITING CONTRACT CLOSEOUT (MAY 2021)
(IAW DFARS 204.804-70)
(Applicable in solicitations and contracts when the contracting officer intends to expedite contract closeout through the mutual waiver of entitlement to a residual dollar amount of $1,000 or less determined at the time of contract closeout)
252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS
(DEC 1991)
(IAW DFARS 205.470, DFARS 212.301(f)(x))
(Applicable over $1,000,000)
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
(NOV 2021)
(IAW FAR 9.409)
(Applicable when exceeding $35,000)
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING
RESPONSIBILITY MATTERS (OCT 2018)
(IAW FAR 9.104-7(c))
(Applicable to solicitations and contracts over $550,000 and contracts where the offeror has checked “has” in paragraph (b) clause 52.209-7)
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
(NOV 2015)
(IAW FAR 9.108-5(b))
(Applicable to all solicitations and contracts for the acquisition of products and services (including construction) unless waived
IAW FAR 9.108-4)
252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE
GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM
(MAY 2019)
(IAW DFARS 209.409)
(Applicable to solicitations and contracts with a value of $150,000 or more)
5352.209-9000 ORGANIZATIONAL CONFLICT OF INTEREST (OCT 2019)
(IAW AFFARS 5309.507-2)
(Applicable when the contractor will be providing systems engineering and/or technical direction)
5352.209-9000 ORGANIZATIONAL CONFLICT OF INTEREST--ALTERNATE IV (OCT 2019)
(IAW AFFARS 5309.5072(a)(5))
(Applicable when the contract is a task ordering contract and when more than one system is supported)
52.210-1 MARKET RESEARCH (NOV 2021)
(IAW FAR 10.003)
(Applicable to solicitations and contracts over $5.5 million for the procurement of items other than commercial products or commercial services)
52.211-5 MATERIAL REQUIREMENTS (AUG 2000)
(IAW FAR 11.304)
(Applicable to supplies that are not commercial items)
252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2022)
(IAW DFARS 211.274-6(a)(1), DFARS 212.301(f)(xii))
(a) Definitions. As used in this clause—
“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.
“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.
(c) Unique item identifier.
(1) The Contractor shall provide a unique item identifier for the following:
(i) Delivered items for which the Government’s unit acquisition cost is $5,000 or more, except for the following line items:
Contract Line, Subline, or Exhibit Line Item Number
Item Description
See Schedule as Applicable
(ii) Items for which the Government’s unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:
Contract Line, Subline, or Exhibit Line Item Number
Item Description
*Items less than $5000, which require UID, will be specifically identified in the schedule.
See Schedule as Applicable
(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number _____( or See Schedule as Applicable).
(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number _____( or See Schedule as Applicable).
(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or (iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.
(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:
(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/ .
(2) Embedded items shall be reported by one of the following methods—
(i) Use of the embedded items capability in WAWF;
(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or
(iii) Via WAWF as a deliverable attachment for exhibit line item number ______, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.
(Applicable when delivery of one or more “items” as defined at 252.211-7003(c) is required)
252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (MAR 2022)
(IAW DFARS 211.274-6(b), DFARS 212.301(f)(iv))
(Applicable when FAR 52.245-1, Government Property, is used)
52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUN 2020)
(IAW FAR 15.209(b)(1))
(Applicable if negotiated and above the simplified acquisition threshold, except commercial items and utility services at public prices plus reasonable connection charge)
52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
(IAW FAR 15.209(h), AFFARS 53.15.209(h))
(Applicable when using uniform contract format that is not commercial or for construction)
52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018)
(IAW FAR 16.307(a))
(a) Invoicing.
(3) The designated payment office will make interim payments for contract financing on the _**** day
(Applicable when specifying cost-reimbursement pricing arrangement)
52.216-11 COST CONTRACT--NO FEE (APR 1984)
(IAW FAR 16.307(e)(1))
(Applicable when specifying cost reimbursement providing no fee and not a cost-sharing contract)
52.216-18 ORDERING (AUG 2020)
(IAW FAR 16.506(a))
(a) Such orders may be issued from .
(Applicable to all orders issued hereunder)
52.216-19 ORDER LIMITATIONS (OCT 1995)
(IAW FAR 16.506(b))
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor--
(1) Any order for a single item in excess of ;
(2) Any order for a combination of items in excess of ; or
(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(Applicable to all orders issued hereunder)
52.216-22 INDEFINITE QUANTITY (OCT 1995)
(IAW FAR 16.506(e))
(d) Contractor shall not be required to make any deliveries under this contract after .
(Applicable to all orders issued hereunder)
252.217-7028 OVER AND ABOVE WORK (DEC 1991)
(IAW DFARS 217.7702)
(Applicable when containing requirements for over and above work, except as provided for in Subpart 217.71)
52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS
CONCERNS (OCT 2022)
(IAW FAR 19.1309(b))
(b) Waiver of evaluation preference.
__ Offeror elects to waive the evaluation preference.
(Applicable when exceeding the simplified acquisition threshold)
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2022)
(IAW FAR 19.708(a))
(Applicable when exceeding the simplified acquisition threshold, except for personal service contracts or when performance is entirely outside of the United States and its outlying areas)
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2022)
(IAW FAR 19.708(b))
(Applicable over $750,000)
(Applicable over $700,000 and when the contracting action will not be reported in the Federal Procurement Data System)
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (OCT 2022)
(IAW FAR 19.309(c))
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code ________ assigned to contract number _______________.
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _______.]
(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) and through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _______.]
(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.
(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that—
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture.
[The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _________________________________________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[Contractor to sign and date and insert authorized signer’s name and title.]
(Applicable in solicitations and contracts exceeding the micro-purchase threshold when the contract will be performed in the United States or its outlying areas)
252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS) (DEC 2019) (IAW DFARS 219.708(b)(1)(A), DFARS 219.708(b)(1)(A)(1))
(Applicable over $750,000)
(Applicable over $750,000 and when FAR clause 52.219-9 and its Alternate III are used)
252.219-7004 SMALL BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM) (MAY 2019)
(IAW DFARS 219.708(b)(1)(B))
(Applicable when the contract includes a Comprehensive Subcontracting Plan)
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)
(IAW FAR 22.103-5(a), AFFARS 5322.101-1)
(IAW FAR 22.101-1(e), Applicable when the head of the contracting activity designates programs or requirements for which it is necessary that contractors be required to notify the Government of actual or potential labor disputes that are delaying or threaten to delay the timely contract performance (see 22.103-5(a)).
52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)
(IAW FAR 22.103-5(b))
(a) overtime premium does not exceed ___*___
*Overtime Premium $
(Applicable to orders over $150,000 unless for operation of vessels - Blank shall be completed on the individual order)
52.222-3 CONVICT LABOR (JUN 2003)
(IAW FAR 22.202)
(Applicable when performance is in the U.S., Puerto Rico, Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands, unless subject to the Walsh-Healey Public Contracts Act, purchase is from Federal Prisons Industries, Inc., or purchase is from any State prison of finished supplies that may be secured in the open market/existing stocks, as distinguished from supplies requiring special fabrication, and exceeds the micro-purchase threshold)
52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
(IAW FAR 22.810(a)(1))
(Applicable when exceeding $10,000, except those exempted by FAR 22.807 (b) which includes those for work to be performed outside the U.S. by employees who were not recruited within the U.S.)
52.222-26 EQUAL OPPORTUNITY (SEP 2016)
(IAW FAR 22.810(e))
(Applicable to all orders issued hereunder)
52.222-29 NOTIFICATION OF VISA DENIAL (APR 2015)
(IAW FAR 22.810(g))
(Applicable when contractor is required to perform in or on behalf of a foreign country)
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)
(IAW FAR 22.1310(a)(1), DFARS 222.1310(a)(1))
(Applicable when the expected value is $150,000 or more except when work is performed outside the United States by employees recruited outside the United States or the Director, Office of Federal Contract Compliance Programs, has waived, in accordance with 22.1305(b), all of the terms of the clause)
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)
(IAW FAR 22.1408(a))
(Applicable over $15,000 except when performance of work and recruitment of workers will occur outside the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island, or the agency head has waived, in accordance with 22.1403(a) or 22.1403(b) all the terms of the clause)
52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)
(IAW FAR 22.1310(b))
(Applicable when the expected value is $150,000 or more and workers were recruited within the United States)
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR
RELATIONS ACT (DEC 2010)
(IAW FAR 22.1605)
(Applicable to all solicitations and contracts except under the simplified acquisition threshold, for work performed exclusively outside the U.S., or covered in their entirety by an exemption granted by the Secretary)
52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018)
(IAW FAR 22.1006(a))
(Applicable to services over $2,500)
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
(IAW FAR 22.1006(b))
This Statement is for Information Only:
It is not a Wage Determination
Employee Class Monetary Wage Fringe Benefits
(Applicable to service items over $2,500)
52.222-44 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR
STANDARDS--PRICE ADJUSTMENT (MAY 2014)
(IAW FAR 22.1006(c)(2))
(Applicable over $100,000, fixed price, time-and-materials, or labor-hour service and FAR 52.222-41 applies)
52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)
(IAW FAR 22.1705(a)(1))
(Applicable to all orders issued hereunder)
52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER
14026 (JAN 2022)
(IAW FAR 22.1906)
(Applicable to solicitations and contracts that include FAR 52.222-6 or 52.222-41, where work is to be performed, in whole or in part, in the United States)
52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022)
(IAW FAR 22.2110)
(Applicable to contracts that include Service Contract Labor Standards where work is performed, in whole or part, in the United States)
252.222-7006 RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS
(DEC 2010)
(IAW DFARS 222.7405)
(Applicable to contracts in excess of $1 million utilizing funds appropriated by the FY10 or subsequent DoD appropriations acts, except in contracts for the acquisition of commercial items and commercially available off-the-shelf items)
52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
(IAW FAR 23.505)
(Applicable when the simplified acquisition threshold is exceeded except if performance is entirely outside the U.S. and its outlying areas)
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE
DRIVING (JUN 2020)
(IAW FAR 23.1105)
(Applicable to all solicitations and contracts)
52.223-20 AEROSOLS (JUN 2016)
(IAW FAR 23.804(a)(3))
(Applicable to solicitations and contracts not delivered or performed outside the U.S. or it’s outlying areas, for products that may contain high global warming potential hydrofluorocarbons or involve maintenance or repair of electronic or mechanical devices)
252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)
(IAW DFARS 223.570-2)
252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)
(IAW DFARS 223.7306, DFARS 212.301(f)(xxi)) (Applicable to solicitations and contracts for supplies, maintenance and repair services, or construction)
5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS)
(OCT 2019)
(IAW AFFARS 5323.804-90)
52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)
(IAW FAR 24.104(a)) (Applicable to all orders issued hereunder)
52.224-2 PRIVACY ACT (APR 1984)
(IAW FAR 24.104(b))
(Applicable to all orders issued hereunder)
52.224-3 PRIVACY TRAINING (JAN 2017)
(IAW FAR 24.302(a))
(Applicable to all solicitations and contracts where contractor employees will have access to a system of records or personally identifiable information)
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)
(IAW FAR 25.1103(a))
(Applicable to supplies or services involving the furnishing of supplies unless an exception applies)
252.225-7004 REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND
CANADA -- SUBMISSION AFTER AWARD (OCT 2020)
(IAW DFARS 225.7204(b))
(Applicable to solicitations and contracts for performance outside the United States and Canada over $13.5 million)
252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022)
(IAW DFARS 225.7002-3(a))
(Applicable when exceeding the simplified acquisition threshold for food; clothing; tents, tarpaulins or covers; cotton and other natural fiber products; woven silk or woven silk blends; spun silk yarn for cartridge cloth; synthetic fabric, coated synthetic fabric; canvas products; wool; or any item of individual equipment (FSC 8465) manufactured from or containing such fibers, yarns, fabrics, or materials; to waste and byproducts of cotton or wool used in the production of propellants and explosives)
252.225-7013 DUTY-FREE ENTRY (DEVIATION 2020-O0019) (JUL 2020)
(IAW Deviation 2020-O0019 Rev. 2)
(Applicable to contracts requiring duty free entry of goods into the United States)
252.225-7027 RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES
(APR 2003)
(IAW DFARS 225.7307(a))
(b) (1) For sales to the Government(s) of Australia, Taiwan, Egypt, Greece, Israel, Japan, Jordan, Republic of Korea, Kuwait, Pakistan, Philippines, Saudi Arabia, Turkey, Thailand, or Venezuela (Air Force), contingent fees in any amount.
(Applicable to Foreign Military Sales awarded on behalf of the above foreign country customer(s))
252.225-7028 EXCLUSIONARY POLICIES AND PRACTICES OF FOREIGN GOVERNMENTS
(APR 2003)
(IAW DFARS 225.7300, DFARS 225.7307(b))
(Applicable for international military education training (IMET) and foreign military sales (FMS)
252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)
(IAW DFARS 225.7901-4)
(Applicable to all solicitations and contracts)
252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM, AND
TUNGSTEN (AUG 2022)
(IAW DFARS 225.7018-5)
(Applicable to contract that are greater than $5 million)
(a) Definitions. As used in this clause— Covered contract means any DoD contract or subcontract with a value in excess of $5 million, not including contracts for commercial items. Covered entity means any corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity, including any subsidiary thereof, performing work on a covered contract in the People’s Republic of China, including by leasing or owning real property used in the performance of the covered contract in the People’s Republic of China.
(b) Disclosure requirement.
(1) In accordance with section 855 of the National Defense Authorization Act for Fiscal Year 2022 (Pub. L. 117–81, 10
U.S.C. 4651 note prec.), DoD may not award, extend, or exercise an option on a covered contract with a covered entity unless such covered entity submits each required disclosure of its use of workforce and facilities in the People’s Republic of China, if it employs one or more individuals who perform work in the People’s Republic of China on a covered contract.
(2) If the Contractor is a covered entity, the Contractor shall disclose for the Government’s fiscal years 2023 and 2024, the Contractor’s employment of one or more individuals who perform work in the People’s Republic of China on any covered contract. The disclosures shall include—
(i) The total number of such individuals who perform work in the People’s Republic of China on the covered contracts funded by DoD; and
(ii) A description of the physical presence, including street address or addresses in the People’s Republic of China, where work on the covered contract is performed.
(c) Subcontracts. The Contractor shall insert this clause, including this paragraph (c), without alteration other than to identify the appropriate parties, in all subcontracts that meet the definition of a covered contract.
252.225-7972 PROHIBITION ON THE PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT
SYSTEMS (DEVIATION 2020-O0015) (MAY 2020)
(IAW Deviation 2020-O0015)
(Applicable in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, unless—
(a) The acquisition is for—
(1) Counter-unmanned aircraft system surrogate testing and training; or
(2) Intelligence, electronic warfare, and information warfare operations, texting, analysis, and training; or
(b) A waiver has been granted by the Secretary of Defense in accordance with section 848 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92).)
252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC
ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS
(APR 2019)
(IAW DFARS 226.104)
(Applicable to supplies or services exceeding $500,000)
52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)
(IAW FAR 27.201-2(a)(1))
(Applicable except when both complete performance and delivery are outside the United States)
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT (JUN 2020)
(IAW FAR 27.201-2(b))
(Applicable when the simplified acquisition threshold is exceeded except when both complete performance and delivery are outside the United States unless supplies are ultimately to be shipped into one of those areas)
252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (FEB 2014)
(IAW DFARS 227.7102-4(b), DFARS 227.7103-6(a))
(e) (3) The Contractor asserts for itself, or the persons identified below, that the Government's rights to use, release, or disclose the following technical data should be restricted—
Technical Data to be Furnished With Restrictions*
Basis for Assertion**
Asserted Rights Category***
Name of person Asserting Restrictions****
(LIST) (LIST) (LIST) (LIST)
*If the assertion is applicable to items, components, or processes developed at private expense, identify both the data and each such item, component, or process.
**Generally, the development of an item, component, or process at private expense, either exclusively or partially, is the only basis for asserting restrictions on the Government's rights to use, release, or disclose technical data pertaining to such items, components, or processes. Indicate whether development was exclusively or partially at private expense. If development was not at private expense, enter the specific reason for asserting that the Government's rights should be restricted.
***Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in SBIR data generated under another contract, limited or government purpose rights under this or a prior contract, or specifically negotiated licenses).
****Corporation, individual, or other person, as appropriate.
Date ___________________________________ Printed Name ___________________________________ and Title ___________________________________ Signature ___________________________________
(End of identification and assertion)
(f) (2) Government purpose rights markings.
Data delivered or otherwise furnished to the Government purpose rights shall be marked as follows:
GOVERNMENT PURPOSE RIGHTS
Contract No __________________________________ Contractor Name __________________________________ Contractor Address __________________________________
Expiration Date __________________________________
The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph (b)(2) of the Rights in Technical Data--Noncommercial Items clause contained in the above identified contract. No restrictions apply after the expiration date shown above. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings.
(End of Legend)
(3) Limited rights markings.
Data delivered or otherwise furnished to the Government with limited rights shall be marked with the following legend:
LIMITED RIGHTS
Contract No __________________________________ Contractor Name __________________________________ Contractor Address __________________________________
The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph (b)(3) of the Rights in Technical Data--Noncommercial Items clause contained in the above identified contract. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings. Any person, other than the Government, who has been provided access to such data must promptly notify the above name Contractor.
(End of legend)
(4) Special license rights markings.
(i) Data in which the Government's rights stem from a specifically negotiated license shall be marked with the following legend:
SPECIAL LICENSE RIGHTS
The Government's rights to use, modify, reproduce, release, perform, display, or disclose these data are restricted by Contract No. __________ (Insert contract number)_______, License No. __________ (Insert license identifier)______. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings.
(End of legend)
(Applicable when noncommercial items are specified and the successful offeror(s) will be required to deliver technical data to the Government)
252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION (JAN 2011)
(IAW DFARS 227.7103-6(e)(1), DFARS 227.7104(e)(1), DFARS 227.7203-6(b))
(Applicable to orders that include the clause at 252.227-7013, 252.227-7018, or 252.227-7014)
252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT (MAR 2000)
(IAW DFARS 227.7103-6(e)(2), DFARS 227.7104(e)(4))
(a) the Contracting Officer may until such data is accepted by the Government, withhold payment to the Contractor of ten percent (10%) of the total contract price or amount
(Applicable when order specifies technical data to be delivered)
252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (APR 2022)
(IAW DFARS 227.7102-4(c), DFARS 227.7103-6(e)(3), DFARS 227.7104(e)(5), DFARS
227.7203-6(f)) (Applicable to commercial items that include the clause at 252.227-7015 or the clause at 252.227-7013; include in SBIR solicitations and contracts that include clause 252.227-7018; and when order includes the clause 252.227-7014 when the contractor will be required to deliver noncommercial computer software documentation (technical data))
52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS (MAR 1996)
(IAW FAR 28.311-1)
(Applicable to cost-reimbursement line items)
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
(IAW FAR 29.401-3(a))
(Applicable to fixed-price competitive contracts exceeding the simplified acquisition threshold, and performed wholly or partly in the United States or its outlying areas, unless the clause at 52.229-4, Federal, State, and Local Taxes (State and Local Adjustments), is included)
52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021)
(IAW 29.402-3(b))
(Applicable in solicitations that contain the provision at 52.229–11, Tax on Certain Foreign Procurements—Notice and Representation and resultant contracts in which the contractor has indicated that it was a foreign person in solicitation…
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