RFP_-_FA8525-17-R-0005.pdf
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- C-5 Lavatory Federal contract opportunity
- Solicitation number
- FA8525-17-R-0005
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Request for Proposal - FA8525-17-R-0005
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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
FD20601730119
5. SOLICITATION NUMBER
FA8525-17-R-0005
6. SOLICITATION ISSUE DATE
b. TELEPHONE NUMBER (No collect calls) (478 ) 926 -0063 ext.
2. CONTRACT NO.
7. FOR SOLICITATION
INFORMATION CALL
3. AWARD/EFFECTIVE DATE
4. ORDER NUMBER
a. NAME
LaVetta Williams
8. OFFER DUE DATE/LOCAL TIME
17JUL2017 5:30PM
12. DISCOUNT TERMS11. DELIVERY FOR FOB DEST.
UNLESS BLOCK IS MARKED
SEE SCHEDULE
10. THIS ACQUISITION IS UNRESTRICTED SET ASIDE: 100 % FOR:
SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS
HUBZONE SMALL (WOSB)ELIGIBLE UNDER THE WOMEN-OWNED
BUSINESS SMALL BUSINESS PROGRAM
NAICS CODE:
SERVICE-DISABLED EDWOSB 336413
VETERAN-OWNED SIZE STANDARD
SMALL BUSINESS 8 (A) 1250 :
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS
(15 CFR 700)
13b. RATING
DO: A1 52.211-14, 52.211-15
14. METHOD OF SOLICITATION
RFQ IFB RFP
9. ISSUED BY CODE
GALAXY (C-5), AFLCMC/WLSK
235 BYRON ST STE 19A
BLDG 300 CML PHN 478 926 6501
ROBINS AFB GA 31098-1670
BUYER: LaVetta Williams Lavetta.Williams@robins.af.mil Phone: (478) 926- 0063 Fax: (000) 000-0000 No Collect Calls
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.
FA8525
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
ROUTINE
THIS IS A TOTAL SMALL BUSINESS SET-ASIDE.
Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 120 days.
Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.”
NOTE: Please disregard the previous synopsis that references FA8525-17-R-0004, that was posted to FBO on 20 Jan 2017.
A copy of the current Synopsis has been attached to this Solicitation: FA8525-17-R-0005.
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:C
EFT:T
Total
STANDARD FORM 1449 (REV. 2/2012) BACK
COMPUTER GENERATED 6/26/2017, 8:09 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
FA8525-17-R-0005
SUPPLIES OR SERVICES AND PRICES/COSTS
BASIC
TCTO Kit for C-5 Lavatory Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
7 EA
NSN: 1680-K0-10-4306AUC
C-5 "A and B" Model Aircraft Manufacturer Part Number
201427863-10 Associated Document(s) Line Item(s)
FD20601730911 0001
Priority: R ROUTINE
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Contract quality requirements are to be as specified in the Product Description. This includes contractor quality certifications (ISO 9001), product inspections and examinations,and product material certifications.
Applicability: C-5 Aircraft Reliability and Reengineering Program ;
Buy American Act/Balance of Payments Program IUID Required: No Type / Ship To PACRN Mark For S W3119 Bldg 368A, Kitting Warehouse Type / Ship To Quantity (U/I) *ARO Written Notice of Award _ Req No / Pri
Required Delivery
S W3119 7 EA *240 Calendar Days 1680K0104306AUC
Proposed Delivery
S W3119 7 EA
BASIC
TCTO Kit for C-5 Lavatory Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
1 EA
NSN: 1680-K0-104-306BUC
C-5 "C " Model Aircraft Manufacturer Part Number
201427863-30
BASIC
TCTO Kit for C-5 Lavatory Associated Document(s) Line Item(s)
FD20601730911 0002
Priority: R ROUTINE
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Contract quality requirements are to be as specified in the Product Description. This includes contractor quality certifications (ISO 9001), product inspections and examinations,and product material certifications.
Applicability: C-5 Aircraft Reliability and Reengineering Program ;
Buy American Act/Balance of Payments Program IUID Required: No Type / Ship To PACRN Mark For S W3119 Bldg 368A, Kitting Warehouse Place of Perf Quantity (U/I) *ARO Written Notice of Award _ Req No / Pri
Required Period of Performance
S W3119 1 EA *240 Calendar Days 1680K0104306BUC
Proposed Period of Performance
S W3119 1 EA
BASIC
DATA
Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
1 LO
Data IAW 1423 Forms NSN: 1680-K0-10-4306AUC (C-5 "A and B" Model Aircraft) NSN: 1680-K0-10-4306BUC (C-5 "C" Model Aircraft) Manufacturer Part Number
201427863-10 201427863-30
Associated Document(s) Line Item(s)
FD20601730911 0003
Priority: R ROUTINE
Limitations of Liability: Other Than High Value Item
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection
BASIC
DATA
Applicability: C-5 Aircraft Reliability and Reengineering Program ;
Buy American Act/Balance of Payments Program IUID Required: Yes Type / Ship To Quantity (U/I) *ARO See CDRLs
(Block 10 and 16) for Delivery Instructions.
_ Req No / Pri
Required Delivery
1 LO
Proposed Delivery
1 LO
BASIC
Retrofit Kit for C-5 Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
1 EA
Retrofit Kit for C-5
NSN: 1680-K0-10-4306AUC
C-5 "A and B" Model Aircraft Manufacturer Part Number
201427863-10 Associated Document(s) Line Item(s)
FD20601730911 0004
Priority: R ROUTINE
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Contract quality requirements are to be as specified in the Product Description. This includes contractor quality certifications (ISO 9001), product inspections and examinations,and product material certifications.
Applicability: C-5 Aircraft Reliability and Reengineering Program ;
Buy American Act/Balance of Payments Program IUID Required: No Type / Ship To PACRN Mark For S W3119 Bldg 368A, Kitting Warehouse Type / Ship To Quantity (U/I) *ARO Written Notice of Award _ Req No / Pri
Required Delivery
S W3119 1 EA *240 Calendar Days 1680K0104306AUC
Proposed Delivery
BASIC
Retrofit Kit for C-5
S W3119 1 EA
BASIC
Initial Spares for C-5 Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
1 LO
Initial Spares for C-5 Associated Document(s) Line Item(s)
FD20601730911 0005
Priority: R ROUTINE
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Contract quality requirements are to be as specified in the Product Description. This includes contractor quality certifications (ISO 9001), product inspections and examinations,and product material certifications.
Applicability: C-5 Aircraft Reliability and Reengineering Program ;
IUID Required: No Type / Ship To PACRN Mark For S W3119 Bldg 368, Kitting Warehouse Type / Ship To Quantity (U/I) *ARO Written Notice of Award _ Req No / Pri
Required Delivery
S W3119 1 LO *240 Calendar Days Non-MilStrip
Proposed Delivery
S W3119 1 LO
The prices in Option I shall be applicable for the 12-month period immediately following the effective dates set forth for the Basic Contract Year. This option may be exercised on or before the last day of the Basic Contract Period.
OPTION I
TCTO Kit for C-5 Lavatory Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
OPTION I
TCTO Kit for C-5 Lavatory
4 EA
TCTO Kit for Lavatory
NSN: 1680-K0-104-306AUC
C-5 "A and B" Model Aircraft Manufacturer Part Number
201427863-10 Priority: R ROUTINE
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Contract quality requirements are to be as specified in the Product Description. This includes contractor quality certifications (ISO 9001), product inspections and examinations,and product material certifications.
Applicability: C-5 Aircraft Reliability and Reengineering Program ;
Buy American Act/Balance of Payments Program IUID Required: Yes Type / Ship To PACRN Mark For S W3119 Bldg 368A, Kitting Warehouse Type / Ship To Quantity (U/I) *ARO Written Notice of Award _ Req No / Pri
Required Delivery
S W3119 4 EA *240 Calendar Days 1680K0104306AUC
Proposed Delivery
S W3119 4 EA
OPTION I
DATA
Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
1 LO
Data IAW DD Forms 1423 NSN: 1680-K0-10-4306AUC (C-5 "A and B" Model Aircraft) Manufacturer Part Number
201427863-10 Priority: R ROUTINE
Limitations of Liability: Other Than High Value Item
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection Applicability: C-5 Aircraft Reliability and Reengineering Program ;
OPTION I
DATA
Buy American Act/Balance of Payments Program IUID Required: Yes Type / Ship To Quantity (U/I) *ARO See CDRLs
(Block 10 and 16) for Delivery Instructions.
_ Req No / Pri
Required Delivery
1 LO
Proposed Delivery
1 LO
OPTION I
RESERVED
Item No.
The prices in Option II shall be applicable for the 12-month period immediately following the Option I period of performance. This option may be exercised any time prior to the end of the Option I period of performance.
OPTION II
TCTO Kit for C-5 Lavatory Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
12 EA
NSN: 1680-K0-104-306AUC
C-5 "A and B" Model Aircraft Manufacturer Part Number
201427863-10 Priority: R ROUTINE
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Contract quality requirements are to be as specified in the Product Description. This includes contractor quality certifications (ISO 9001), product inspections and examinations,and product material certifications.
Applicability: C-5 Aircraft Reliability and Reengineering Program ;
Buy American Act/Balance of Payments Program
OPTION II
TCTO Kit for C-5 Lavatory IUID Required: No Type / Ship To PACRN Mark For S W3119 Bldg 368A, Kitting Warehouse Place of Perf Quantity (U/I) *ARO Written Notice of Award _ Req No / Pri
Required Period of Performance
S W3119 12 EA *240 Calendar Days 1680K0104306AUC
Proposed Period of Performance
S W3119 12 EA
Option II
RESERVED
Item No.
OPTION II
DATA
Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
1 LO
Data IAW 1423 Forms NSN: 1680-K0-10-4306AUC (C-5 "A and B" Model Aircraft) Manufacturer Part Number
201427863-10
Limitations of Liability: Other Than High Value Item
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection Applicability: C-5 Aircraft Reliability and Reengineering Program ;
IUID Required: No Place of Perf Quantity (U/I) *ARO See CDRLs
(Block 10, and 16) for Delivery Instructions.
_ Req No / Pri
Required Period of Performance
OPTION II
DATA
1 LO *240 Calendar Days 1680K0104306AUC
Proposed Period of Performance
1 LO
The prices in Option III shall be applicable for the 12-month period immediately following the Option II period of performance. This option may be exercised any time prior to the end of the Option II period of performance.
OPTION III
TCTO Kit for C-5 Lavatory Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
12 EA
NSN: 1680-K0-104-306AUC
C-5 "A and B" Model Aircraft Manufacturer Part Number
201427863-10 Priority: R ROUTINE
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Contract quality requirements are to be as specified in the Product Description. This includes contractor quality certifications (ISO 9001), product inspections and examinations,and product material certifications.
Applicability: C-5 Aircraft Reliability and Reengineering Program ;
Buy American Act/Balance of Payments Program IUID Required: No Physical Item Markings:
Special Marking Instructions Below Type / Ship To PACRN Mark For S W3119 Bldg 368A, Kitting Warehouse Place of Perf Quantity (U/I) *ARO Written Notice of Award _ Req No / Pri
Required Period of Performance
S W3119 12 EA *240 Calendar Days 1680K0104306AUC
Proposed Period of Performance
OPTION III
TCTO Kit for C-5 Lavatory
S W3119 12 EA
Option III
RESERVED
Item No.
OPTION III
DATA
Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
1 LO
Data IAW 1423 Forms NSN: 1680-K0-10-4306AUC (C-5 "A and B" Model Aircraft)
Limitations of Liability: Other Than High Value Item
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection Applicability: C-5 Aircraft Reliability and Reengineering Program ;
IUID Required: No Place of Perf Quantity (U/I) *ARO See CDRLs
(Block 10, and 16) for Delivery Instructions.
_ Req No / Pri
Required Period of Performance
1 LO *240 Calendar Days 1680K0104306AUC
Proposed Period of Performance
1 LO
The prices in Option IV shall be applicable for the 12-month period immediately following the Option III period of performance. This option may be exercised any time prior to the end of the Option III period of performance.
OPTION IV
TCTO Kit for C-5 Lavatory Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
13 EA
NSN: 1680-K0-104-306AUC
C-5 "A and B" Model Aircraft Manufacturer Part Number
201427863-10 Priority: R ROUTINE
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Contract quality requirements are to be as specified in the Product Description. This includes contractor quality certifications (ISO 9001), product inspections and examinations,and product material certifications.
Applicability: C-5 Aircraft Reliability and Reengineering Program ;
Buy American Act/Balance of Payments Program IUID Required: No Physical Item Markings:
Special Marking Instructions Below Type / Ship To PACRN Mark For S W3119 Bldg 368A, Kitting Warehouse Place of Perf Quantity (U/I) *ARO Written Notice of Award _ Req No / Pri
Required Period of Performance
S W3119 13 EA *240 Calendar Days 1680K0104306AUC
Proposed Period of Performance
S W3119 13 EA
OPTION IV
TCTO Kit for C-5 Lavatory Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
1 EA
NSN: 1680-K0-104-306BUC
C-5 "C " Model Aircraft Manufacturer Part Number
201427863-30 Priority: R ROUTINE
OPTION IV
TCTO Kit for C-5 Lavatory
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Contract quality requirements are to be as specified in the Product Description. This includes contractor quality certifications (ISO 9001), product inspections and examinations,and product material certifications.
Applicability: C-5 Aircraft Reliability and Reengineering Program ;
Buy American Act/Balance of Payments Program IUID Required: No Type / Ship To PACRN Mark For S W3119 Bldg 368A, Kitting Warehouse Place of Perf Quantity (U/I) *ARO Written Notice of Award _ Req No / Pri
Required Period of Performance
S W3119 1 EA *240 Calendar Days 1680K0104306BUC
Proposed Period of Performance
S W3119 1 EA
OPTION IV
DATA
Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
1 LO
Data IAW 1423 Forms NSN: 1680-K0-10-4306AUC (C-5 "A and B" Model Aircraft) NSN: 1680-K0-10-4306BUC (C-5 "C" Model Aircraft) Manufacturer Part Number
201427863-10 201427863-30
Limitations of Liability: Other Than High Value Item
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection Applicability: C-5 Aircraft Reliability and Reengineering Program ;
Type / Ship To Quantity (U/I) *ARO See CDRLs (Block 10, and 16) for Delivery Instructions.
_ Req No / Pri
OPTION IV
DATA
Required Delivery
1 LO
Proposed Delivery
1 LO
SHIP TO / PLACE OF PERFORMANCE
TYPE/CODE: S W3119
DEF DIST DEPOT
WARNER ROBINS
455 BYRON STREET
BLDG 376
ROBINS AFB GA 61098-1887
USA
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))
252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)
(IAW DFARS 203.1004(a), DFARS 212.301(f)(iii))
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).
__X __ (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.
__ __ (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]
__X __ (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)).
__X (19) 52.219-14, Limitations on Subcontracting (Jan 2017)(15 U.S.C. 637(a)(14)).
__ __ (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.)
__ __ (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).
__ __ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) __ __ (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).
__ __ (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.
252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)
(IAW DFARS 223.7306, DFARS 212.301(f)(xxi))
252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC (DEC 2016)
(IAW DFARS 225.1101(2))
252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2016)
(IAW DFARS 225.7002-3(a), DFARS 212.301(f)(xxvii))
252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC
ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS
(SEP 2004)
(IAW DFARS 226.104)
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)
252.227-7015 TECHNICAL DATA--COMMERCIAL ITEMS (FEB 2014)
(IAW DFARS 227.7102-4(a)(1))
252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (SEP 2016)
(IAW DFARS 227.7102-4(c), DFARS 227.7103-6(e)(3), DFARS 227.7104(e)(5), DFARS 227.7203-6(f))
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)
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)
252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC (APR 2014)
(IAW DFARS 247.574(b))
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.
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…
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