FA851717R0010_with_Attachments.pdf

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 J

1. REQUISITION NUMBER

FD20601730665

5. SOLICITATION NUMBER

FA8517‐17‐R‐0010

6. SOLICITATION ISSUE DATE

b. TELEPHONE NUMBER (No collect calls)

(478 ) 222 ‐3758 ext.

2. CONTRACT NO.

7. FOR SOLICITATION

INFORMATION CALL

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

a. NAME

Larae S. Cunningham

8. OFFER DUE DATE/LOCAL TIME

12. DISCOUNT TERMS

11. DELIVERY FOR FOB DEST.

UNLESS BLOCK IS MARKED

SEE SCHEDULE

10. THIS ACQUISITION IS UNRESTRICTED SET ASIDE: % FOR:

SMALL BUSINESS WOMEN‐OWNED SMALL BUSINESS

HUBZONE SMALL (WOSB)ELIGIBLE UNDER THE WOMEN‐OWNED

BUSINESS SMALL BUSINESS PROGRAM

NAICS CODE:

SERVICE‐DISABLED EDWOSB 334515

VETERAN‐OWNED SIZE STANDARD

SMALL BUSINESS 8 (A) 750 :

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS

(15 CFR 700)

13b. RATING

DO: C9 52.211‐14, 52.211‐15

14. METHOD OF SOLICITATION

RFQ IFB RFP

9. ISSUED BY CODE

SUPPORT EQPT ‐ AUTOMATIC TEST, AFSC/PZAAC

235 BYRON ST BLDG 300 STE 19A

CML PHN 478 222 3749

ROBINS AFB GA 31098‐1813

BUYER: Larae S. Cunningham/PZAAC larae.cunningham@us.af.mil Ph (478) 222 3758 F (000) 000 0000 N C ll t C ll

15. DELIVER TO CODE

SEE LINE ITEM SCHEDULE

16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR FACILITY

CODE CODE

18a. PAYMENT WILL BE MADE BY CODE

(SEE ESP CLAUSE 252.232-7003.)

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED. SEE ELECTRONIC SUBMISSION OF PAYMENT REQUESTS, CLAUSE 252.232-7003.

FA8517

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

ROUTINE

Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 90 days.

The resulting contract will be for a basic and four ordering periods in support of USAF and FMS requirements:

CLIN 0001 – Basic Ordering Period shall be in effect from the effective date of award for a period of 12 months.

CLIN 1001 ‐ Ordering period I is the 12 month period immediately following Basic Ordering Period I.

CLIN 2001 ‐ Ordering period II is the 12 month period immediately following Ordering Period II.

CLIN 3001 ‐ Ordering period III is the 12 month period immediately following Ordering Period III.

CLIN 4001 ‐ Ordering period IV is the 12 month period immediately following Ordering Period IV.

SEE LINE ITEM SCHEDULE

(Attach Additional Sheets as Necessary)

26. AWARD AMOUNT (For Gov’t use only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212‐1, 52.212‐4. FAR 52.212‐3 AND 52.212‐5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212‐4. FAR 52.212‐5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO ISSUING OFFICE. CONTRACTOR

AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. OFFER DATED ‐ ‐ . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

X

X X

X X

X

X

25. ACCOUNTING AND APPROPRIATION DATA SEE FUNDS SCHEDULE

X

SCD:B

EFT:T

Total

STANDARD FORM 1449 (REV. 2/2012) BACK

COMPUTER GENERATED 5/10/2017, 9:09 AM

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOV’T REPRESENTATIVE

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

32c. DATE

41c. DATE

33. SHIP NUMBER 34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER36. PAYMENT

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER

39. S/R VOUCHER NUMBER

40. PAID BY

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE LINE ITEM SCHEDULE

(Attach Additional Sheets as Necessary)

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E‐MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SUPPLIES OR SERVICES AND PRICES/COSTS

BASIC ORDERING PERIOD: Applicable to orders placed on the date of the basic Indefinite

Delivery/Indefinite Quantity contract award through 12 months thereafter. The minimum and maximum order quantity for each line item is identified in the description of that line item. The contract minimum and maximum are identified in the clause entitled "Contract Minimum/Maximum."

SIGNAL GENERATOR

Item No.

Firm Fixed Price From Quantity U/I To Quantity U/I Unit Price

1 EA 15 EA

NSN: 6625‐01‐344‐9277 RH

Manufacturer Part Number A‐A‐58047D Associated Document(s) Line Item(s)

FD20601760665 0001

Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow (WAWF)

Quality Assurance: Commercial Item Inspection Applicability: None ;

Foreign Military Sales Trade Agreement Act IUID Required: Yes

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

+ TBC ORIGIN

Type / Ship To PACRN Mark For

+ TBC PAA

Type / Ship To Quantity (U/I) *ARO Each

Individual Order _ Req No / Pri

Required Delivery

+ TBC 1 EA

*180 Calendar Days

Proposed

NOTE: The Government's intent is to procure a Signal Generator that is technically acceptable. All manufacturers that meet or surpass the requirements of the Product Description (PD) may submit a quote. This is a Commercial Off the Shelf (COTS) item.

ORDERING PERIOD I: Applicable to orders placed during the 12 month period immediately following the Basic Ordering Period. The minimum and maximum order quantity for each line item is identified in the description of that line item. The contract minimum and maximum are identified in the clause entitled "Contract Minimum/Maximum."

1 EA 12 EA

Manufacturer Part Number A‐A‐85047D Associated Document(s) Line Item(s)

Inspection/Acceptance Report: Wide Area Work Flow (WAWF)

Quality Assurance: Commercial Item Inspection Applicability: None ;

Foreign Military Sales

+ TBC PAA

Type / Ship To Quantity (U/I) *ARO Each

Individual Order _ Req No / Pri

*180 Calendar Days

NOTE: The Government's intent is to procure a Signal Generator that is technically acceptable. All quote. This is a Commercial Off the Shelf (COTS) item.

ORDERING PERIOD II: Applicable to orders placed during the 12 month period immediately following

Ordering Period I. The minimum and maximum order quantity for each line item is identified in the description of that line item. The contract minimum and maximum are identified in the clause entitled

"Contract Minimum/Maximum."

Manufacturer Part Number A‐A‐85047D Associated Document(s) Line Item(s)

Inspection/Acceptance Report: Wide Area Work Flow (WAWF)

Quality Assurance: Commercial Item Inspection Applicability: None ;

Foreign Military Sales

+ TBC PAA

Type / Ship To Quantity (U/I) *ARO Each

Individual Order _ Req No / Pri

*180 Calendar Days

NOTE: The Government's intent is to procure a Signal Generator that is technically acceptable. All quote. This is a Commercial Off the Shelf (COTS) item.

ORDERING PERIOD III: Applicable to orders placed during the 12 month period immediately following

Ordering Period II. The minimum and maximum order quantity for each line item is identified in the description of that line item. The contract minimum and maximum are identified in the clause entitled

Manufacturer Part Number A‐A‐85047D Associated Document(s) Line Item(s)

Inspection/Acceptance Report: Wide Area Work Flow (WAWF)

Quality Assurance: Commercial Item Inspection Applicability: None ;

Foreign Military Sales

+ TBC PAA

Type / Ship To Quantity (U/I) *ARO Each

Individual Order _ Req No / Pri

*180 Calendar Days

NOTE: The Government's intent is to procure a Signal Generator that is technically acceptable. All quote. This is a Commercial Off the Shelf (COTS) item.

ORDERING PERIOD IV: Applicable to orders placed during the 12 month period immediately following

Ordering period III. The minimum and maximum order quantity for each line item is identified in the description of that line item. The contract minimum and maximum are identified in the clause entitled

Manufacturer Part Number A‐A‐85047D Associated Document(s) Line Item(s)

Inspection/Acceptance Report: Wide Area Work Flow (WAWF)

Quality Assurance: Commercial Item Inspection Applicability: None ;

Foreign Military Sales

+ TBC PAA

Type / Ship To Quantity (U/I) *ARO Each Individual Order

_ Req No / Pri

*180 Calendar Days

NOTE: The Government's intent is to procure a Signal Generator that is technically acceptable. All quote. This is a Commercial Off the Shelf (COTS) item.

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: + TBC

MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)

AWARD NUMBER:

CONTRACT CLAUSES

252.203‐7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011)

(IAW DFARS 203.171‐4(a), DFARS 212.301(f)(ii))

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS

(DEC 1991)

(IAW DFARS 205.470, DFARS 212.301(f)(x))

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

(IAW DFARS 211.274-6(a)(1), DFARS 212.301(f)(xii))

(a) Definitions. As used in this clause—

“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid/equivalents.html .

“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html .

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government’s unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or

Exhibit Line Item Number

Item Description

See Schedule as Applicable

(ii) Items for which the Government’s unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number

Item Description

*Items less than $5000, which require UID, will be specifically identified in the schedule.

See Schedule as Applicable

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number _____( or See Schedule as Applicable).

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number _____( or See Schedule as Applicable).

(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or (iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232‐7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/ .

(2) Embedded items shall be reported by one of the following methods—

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number ______, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017)

(IAW FAR 12.301(b)(4))

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233‐3, Protest After Award (Aug 1996)(31 U.S.C 3553).

(4) 52.233‐4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108‐77 and 108‐78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __X __ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with

Alternate I (Oct 1995)(41 U.S.C. 4704 and 10 U.S.C. 2402).

__ __ (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

__ __ (3) 52.203‐15, Whistleblower Protections Under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111‐5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__X __ (4) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (Oct

2016) (Pub. L. 109‐282) (31 U.S.C. 6101 note).

(5) [Reserved].

__ __ (6) 52.204‐14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

__ __ (7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts

(Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

__X __ (8) 52.209‐6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

__X __ (9) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013) (41 U.S.C. 2313).

______ (10) [Reserved]

__ _ (11) (i) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (Nov 2011)(15 U.S.C.

657a).

__ __ (11) (ii) Alternate I (Nov 2011) of 52.219‐3.

__X __ (12) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

__ __ (12) (ii) Alternate I (Jan 2011) of 52.219‐4.

(13) [Reserved]

__ __ (14) (i) 52.219‐6, Notice of Total Small Business Set‐Aside (Nov 2011)(15 U.S.C. 644).

__ __ (14) (ii) Alternate I (Nov 2011).

__ __ (14) (iii) Alternate II (Nov 2011).

__ __ (15) (i) 52.219‐7, Notice of Partial Small Business Set‐Aside (June 2003)(15 U.S.C. 644).

__ __ (15) (ii) Alternate I (Oct 1995) of 52.219‐7.

__ __ (15) (iii) Alternate II (Mar 2004) of 52.219‐7.

__X __ (16) 52.219‐8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and

(3)).

__ __ (17) (i) 52.219‐9, Small Business Subcontracting Plan (Jan 2017)(15 U.S.C. 637(d)(4)). (In accordance with DPAP Memo dated 15 Aug 2016, DAR Tracking Number

2016‐O0009, Class Deviation—Subcontract Reporting, this clause and any applicable alternates are replaced with DFARS Deviation(s) dated Aug 2016, listed below when applicable. Effective until incorporated into the FAR or

DFARS or until rescinded.)

__ __ (17) (ii) Alternate I (Nov 2016) of 52.219‐9.

__ __ (17) (iii) Alternate II (Nov 2016) of 52.219‐9.

__ __ (17) (iv) Alternate III (Nov 2016) of 52.219‐9.

____ (17) (v) Alternate IV (Nov 2016) of 52.219‐9.

__ (18) 52.219‐13, Notice of Set‐Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219‐14, Limitations on Subcontracting (Jan 2017)(15 U.S.C. 637(a)(14)).

__X __ (20) 52.219‐16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ __ (21) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (Nov

2011)(15 U.S.C. 657 f).

__X __ (22) 52.219‐28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ __ (23) 52.219‐29, Notice of Set‐Aside for, or sole Source Award to, Economically

Disadvantaged Women‐Owned Small Business Concerns (Dec 2015) (15 U.S.C.

637(m)).

__ __ (24) 52.219‐30, Notice of Set‐Aside for, or Sole source Award to, Women‐Owned Small

Business Concerns Eligible Under the Women Owned Small Business Program

(Dec 2015) (15 U.S.C. 637(m)).

__ __ (25) 52.222‐3, Convict Labor (June 2003)(E.O. 11755).

__X __ (26) 52.222‐19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O.

13126).

__X __ (27) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

__X __ (28) 52.222‐26, Equal Opportunity (Sept 2016)(E.O. 11246).

__X __ (29) 52.222‐35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

__X __ (30) 52.222‐36, Equal Opportunity For Workers with Disabilities (Jul 2014)(29 U.S.C. 793).

__X __ (31) 52.222‐37, Employment Reports on Veterans (Feb 2016)(38 U.S.C. 4212).

__X __ (32) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

__X __ (33) (i) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

__ __ (33) (ii) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O. 13627).

__ __ (34) 52.222‐54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ __ (35) 52.222‐59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at

$50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222‐59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ __ (36) 52.222‐60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

__ _ (37) (i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA‐Designated

Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off‐the‐shelf items).

__ _ (37) (ii) Alternate I (May 2008) of 52.223‐9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

__X __ (38) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (June 2016) (E.O. 13693)

__ __ (39) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (June 2016) (E.O. 13693)

__ _ (40) (i) 52.223‐13, Acquisition of EPEAT®‐Registered Imaging Equipment (Oct 2015) (E.O.s

13423 and 13514).

__ _ (40) (ii) Alternate I (Oct 2015) of 52.223‐13.

__ _ (41) (i) 52.223‐14, Acquisition of EPEAT®‐Registered Televisions (Jun 2014) (E.O.s 13423 and

13514).

__ _ (41) (ii) Alternate I (Jun 2014) of 52.223‐14.

__ __ (42) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (Dec 2007) (42.U.S.C.

8259b).

__ __ (43) (i) 52.223‐16, Acquisition of EPEAT®‐Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

__ _ (43) (ii) Alternate I (Jun 2014) of 52.223‐16.

__X __ (44) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug

2011)(E.O. 13513).

__X __ (45) 52.223‐20, Aerosols (Jun 2016) (E.O. 13693)

__X __ (46) 52.223‐21, Foams (Jun 2016) (E.O. 13693)

__X _ (47) (i) 52.224‐3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

__ (47) (ii) Alternate I (Jan 2017) of 52.224‐3.

__ __ (48) 52.225‐1, Buy American‐‐Supplies (May 2014)(41 U.S.C. chapter 83).

__ __ (49) (i) 52.225‐3, Buy American‐‐Free Trade Agreements‐‐Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103‐182, 108‐77, 108‐78, 108‐286, 108‐302, 109‐53, 109‐169, 109‐283, 110‐138, 112‐41, 112‐42, and 112‐43).

__ _ (49) (ii) Alternate I (May 2014) of 52.225‐3.

__ _ (49) (iii) Alternate IIS22429 (May 2014) of 52.225‐3.

__ _ (49) (iv) Alternate III (May 2014) of 52.225‐3.

__ __ (50) 52.225‐5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X __ (51) 52.225‐13, Restriction on Certain Foreign Purchases (Jun 2008)(E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of Treasury).

__ __ (52) 52.225‐26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization

Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ __ (53) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007)(42 U.S.C. 5150).

__ __ (54) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007)(42 U.S.C. 5150).

__ __ (55) 52.232‐29, Terms for financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C.

4505), 10 U.S.C. 2307(f)).

__ __ (56) 52.232‐30, Installment Payments for Commercial Items (Jan 2017)(41 U.S.C. 4505, 10

U.S.C. 2307(f)).

__X __ (57) 52.232‐33, Payment by Electronic Funds Transfer—System for Award Management (Jul

2013)(31.U.S.C. 3332).

__ __ (58) 52.232‐34, Payment by Electronic Funds Transfer—Other than System for Award

Management (Jul 2013)(31.U.S.C. 3332).

__ __ (59) 52.232‐36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ __ (60) 52.239‐1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

__X __ (61) 52.242‐5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

__ __ (62) (i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ _ (62) (ii) Alternate I (Apr 2003) of 52.247‐64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ __ (1) 52.222‐17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

__ __ (2) 52.222‐41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ __ (3) 52.222‐42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ __ (4) 52.222‐43, Fair Labor Standards Act and Service Contract Labor Standards‐‐Price

Adjustment (Multiple Year and Option Contracts) (May 2014)(29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ __ (5) 52.222‐44, Fair Labor Standards Act and Service Contract Labor Standards ‐ Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ __ (6) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ __ (7) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014)(41 U.S.C. chapter 67).

__ __ (8) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ __ (9) 52.222‐62, Paid Sick Leave Under Executive Order 13706. (JAN 2017) (E.O. 13706).

__ __ (10) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792).

__ __ (11) 52.237‐11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215‐2, Audit and Records‐‐Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203‐13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219‐8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222‐17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow Down required in accordance with paragraph (l) of FAR clause 52.222‐17.

(v) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222‐26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222‐35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222‐37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222‐40.

(xi) 52.222‐41, Service Contract Labor Standards (May 2014),(41 U.S.C. chapter 67).

(xii) __X __ (A) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

__ __(B) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiii) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014)(41 U.S.C. 351, chapter 67.).

(xiv) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. 351, chapter 67).

(xv) 52.222‐54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222‐59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222‐59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222‐60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (Jan 2017)(E.O. 13706).

(xx) (A) 52.224‐3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224‐3.

(xxi) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

Flow down required in accordance with paragraphs (e) of FAR clause 52.226‐6.

(xxiii) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247‐64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

252.219-7004 SMALL BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM) (OCT 2014)

(IAW DFARS 219.708(b)(1)(B), DFARS 212.301(f)(xx), DARS Tr # 2015-O0006)

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

(IAW DFARS 223.7306, DFARS 212.301(f)(xxi))

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2016)

(IAW DFARS 225.7002-3(a), DFARS 212.301(f)(xxvii))

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.

252.225-7028 EXCLUSIONARY POLICIES AND PRACTICES OF FOREIGN GOVERNMENTS

(APR 2003)

(IAW DFARS 225.7300, DFARS 225.7307(b))

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS

(SEP 2004)

(IAW DFARS 226.104)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(JUN 2012)

(IAW DFARS 232.7004)

(a) Definitions. As used in this clause—

(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e‐mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/ .

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—

(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;

(2) DoD is unable to receive a payment request or provide acceptance in electronic form;

(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment; or

(4) DoD makes a payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD‐approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System).

(d) The Contractor shall submit any non‐electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(IAW DFARS 232.7102)

(Applicable to all solicitations and contracts over the micro‐purchase threshold issued hereunder)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

(IAW DFARS 243.205-71)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

(IAW DFARS 244.403)

(Applicable to solicitations and contracts for supplies or services other than commercial items that contain any of the clauses listed in the clause at 252.244‐7000)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC (APR 2014)

(IAW DFARS 247.574(b))

252.247-7028 APPLICATION FOR U.S. GOVERNMENT SHIPPING

DOCUMENTATION/INSTRUCTIONS (JUN 2012)

(IAW DFARS 247.207)

ADDENDUM TO CLAUSE 52.212‐4

5352.201-9101 OMBUDSMAN (JUN 2016)

(IAW AFFARS 5301.9103)

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Kim McDonald at 478 222 ‐1088 , FAX 478 222 ‐1121 , email kimberly.mcdonald@us.af.mil . Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330‐1060, phone number (571) 256‐2395, facsimile number (571) 256‐2431.

(Applicable to all solicitations and contracts)

52.203-3 GRATUITIES (APR 1984)

(IAW FAR 3.202)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS--REPRESENTATION (JAN 2017)

(IAW FAR 3.909-3 (a))

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(SEP 2013)

(IAW DFARS 203.970)

252.203-7995 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2017-O0001)

(NOV 2016)

(IAW DARS TracKing # 2017-O0001)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form

4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2017 (Pub. L. 114‐223), or any other Act that extends to fiscal year 2017 funds the same prohibitions as contained in section 743, division E, title VII, of the Consolidated Appropriations Act, 2016 (Pub. L. 114‐113) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(Applicable to solicitations and contracts, including commercial under FAR part 12, that will use FY 2017 appropriations)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

(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))

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (MAY 2016)

(IAW DFARS 204.7403(c), DFARS 212.301(f)(ix))

(Applicable to solicitations and contracts that involve litigation support services when 252.204‐7014 is not included)

52.211-8 TIME OF DELIVERY (JUN 1997)

(IAW FAR 11.404(a)(2)) DELIVERY FOR EACH ITEM IS ANNOTATED IN THE SCHEDULE (PART I SECTION B) UNDER EACH LINE ITEM.

(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)

(Applicable when delivery of one or more “items” as defined at 252.211‐7003(c) is required)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)

(IAW FAR 12.301(b)(3)) (Applicable to all commercial items)

52.216-18 ORDERING (OCT 1995)

(IAW FAR 16.506(a))

(a) Such orders may be issued from .

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 quantity of 1, 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 quantity of 15;

(2) Any order for a combination of items in excess of quantity of 63; or

(3) A series of orders from the same ordering office within 30 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 10 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 .

252.216-7006 ORDERING (MAY 2011)

(IAW DFARS 216.506(a))

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from .

(Applicable to solicitations and contracts when a definite‐quantity contract, a requirements contract, or an indefinite‐quantity contract is contemplated)

THE FOLLOWING IS FILL‐IN DATA FOR CLAUSE 52.212‐5 PARA (b)(12):

52.219‐4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZone SMALL BUSINESS CONCERNS (JAN

2011)

(c) Waiver of evaluation preference.

__ Offeror elects to waive the evaluation preference.

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (DEVIATION 2016-O0009)

(AUG 2016)

(IAW DARS Tracking # 2016-O0009)

(a) This clause does not apply to small business concerns.

(b) Definitions. As used in this clause— “Alaska Native Corporation (ANC)” means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).

“Commercial item” means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation.

“Commercial plan” means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line).

“Electronic Subcontracting Reporting System (eSRS)” means the Governmentwide, electronic, web‐based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.

“Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A.

1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian‐owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).

“Individual contract plan” means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror’s planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.

“Master plan” means a subcontracting plan that contains all the required elements of an individual contract plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved.

“Subcontract” means any agreement (other than one involving an employer‐employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

(c) The offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran‐owned small business, service‐disabled veteran‐owned small business, HUBZone small business concerns, small disadvantaged business, and women‐owned small business concerns. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business, veteran‐owned small business, service‐disabled veteran‐owned small business, HUBZone small business, small disadvantaged business, and women‐owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the offeror ineligible for award of a contract.

(d) The offeror’s subcontracting plan shall include the following:

(1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business, veteran‐owned small business, service‐disabled veteran‐owned small business, HUBZone small business, small disadvantaged business, and women‐owned small business concerns as subcontractors. The offeror shall include all sub‐contracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626:

(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business (SDB) concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe.

(ii) Where one or more subcontractors are in the subcontract tier between the prime contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals.

(A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe.

(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract.

(C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award.

(D) If the Contracting Officer does not receive a copy of the ANC’s or the Indian tribe’s written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor.

(2) A statement of—

(i) Total dollars planned to be subcontracted for an individual contract plan; or the offeror’s total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan;

(ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes);

(iii) Total dollars planned to be subcontracted to veteran‐owned small business concerns;

(iv) Total dollars planned to be subcontracted to service‐disabled veteran‐owned small business;

(v) Total dollars planned to be subcontracted to HUBZone small business concerns;

(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes); and

(vii) Total dollars planned to be subcontracted to women‐owned small business concerns.

(3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to—

(i) Small business concerns;

(ii) Veteran‐owned small business concerns;

(iii) Service‐disabled veteran‐owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns; and

(vi) Women‐owned small business concerns.

(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause.

(5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the System for Award Management (SAM), veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women‐owned small business trade associations). A firm may rely on the information contained in SAM as an accurate representation of a concern's size and ownership characteristics for the purposes of maintaining a small, veteran‐owned small, service‐disabled veteran‐owned small, HUBZone small, small disadvantaged, and women‐owned small business source list. Use of SAM as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause.

(6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with—

(i) Small business concerns (including ANC and Indian tribes);

(ii) Veteran‐owned small business concerns;

(iii) Service‐disabled veteran‐owned small business concerns;

(iv) HUBZone small business…