FA8526-21-Q-0007_______0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

J

2. AMENDMENT/MODIFICATION NO.

FA8526-21-Q-0007-0001

3. EFFECTIVE DATE

4. REQUISITION/PURCHASE REQ. NO.

MULTIPLE

5. PROJECT NO (If applicable)

N/A

6. ISSUED BY CODE

GLOBEMASTER (C-17), AFLCMC/WLMK

235 BYRON ST STE 19A

BLDG 300 CML PHN 478 327 7137

ROBINS AFB GA 31098-1670

BUYER: Tiffany N. Durr/WLMK tiffany.durr@us.af.mil Phone: (478) 222- 2662

7. ADMINISTERED BY (If other than item 6) CODEFA8526

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CODE

X

9A. AMENDMENT OF SOLICITATION NO.

FA852621Q0007

9B. DATED (SEE ITEM 11)

24-MAR-2021

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods. ( a ) By completing Items 8 and 15, and returning copies of the amendment; ( b ) By acknowledging receipt of this amendment on each copy of the offer submitted; or ( c ) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 19-JUN-2021 5:00 PM

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return 1 copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

FMS REQUIREMENT

ROUTINE RESTRICTED UNDER THE PROVISIONS OF SECTION 8(a) OF THE SMALL BUSINESS ACT

This is an 8a Competitive Set-Aside.

Associated PRs: FD2060-21-30032/FD2060-21-30723

15A. NAME AND TITLE OF SIGNER (Type or print)

15B. CONTRACTOR/OFFEROR

BY ________________________________________________________

(Signature of person authorized to sign)

15C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16B. UNITED STATES OF AMERICA

BY ____________________________________________________

(Signature of Contracting Officer)

16C. DATE SIGNED

FACILITY CODE

NSN 7540-01-152-8070

PREVIOUS EDITION UNUSABLE

30-105 STANDARD FORM 30 (REV. 10-83)

PRESCRIBED BY GSA

FAR (48 CFR) 53.243

X

X X

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

Continuation of block 14. DESCRIPTION OF AMENDMENT/MODIFICATION

A. The purpose of this amendment is to reclassify the set-aside to 8(a) Competitive.

B. The date specified for receipt of offers is extended to June 19, 2021.

C. All other terms and conditions remain unchanged.

PART I - THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

ELECTRONIC RESPONSES ARE AUTHORIZED (MAR 2003)

(IAW FAR 13.003(f))

In accordance with FAR 13.003(f), electronic commerce method to receive proposals, modifications, and revisions is permitted and preferred. Buyer and Contracting Officer's email addresses for submissions are listed on the front page of this document.

Fill – In Below:

Note: An option is considered to have been exercised at the time the Government deposits written notification to the Contractor via mail or other electronic means of notification. In the event of overlapping deliveries due to exercise of option, the Contractor shall not be required to deliver more than _3__ EA (or applicable qty/unit and item number or Noun) in any 30 day period.

Offeror Note: For First Article Waiver Information see “First Article Applicability and/or Conditions for Waiver”. Bid A is for offerors who are required to produce the First Article; Bid B is for offerors who are exempt from production of "First Article”.

Note 1 to Contractors: In order to be determined responsive and have your proposal accepted, interested contractors must submit their proposals using the attached C-17 PSE Solicitation Template, carefully adhering to the CONTRACTOR INSTRUCTIONS in the first tab of the spreadsheet. Offerors must ensure they annotate the proposed labor hours and rates for each applicable line item, carefully following the examples and guidance within each tab. Failure to submit your proposal in accordance with the guidance in this template could render your proposal being ineligible for award.

Note 2 to Contractors: Determination of Responsiveness In addition to ensuring your proposals are submitted in accordance with the PSE Solicitation Template, contractors MUST also ensure they fully complete all representations and certifications listed in the Representations, Instructions and Evaluations section in the back pages of this document. Failure to properly and fully annotate the certifications and representation requested in this solicitation package could result in an interested offeror being determined non-responsive and, therefore, ineligible for award.

Note 3 to Contractors: The Technical Data Package (TDP) associated with this requirement contains data proprietary to The Boeing Company. In order to receive access to the TDP, interested offerors must complete and sign the attached non-disclosure agreement (NDA) which must be emailed to the PCO and Buyer. Upon receipt of the NDA, the PCO and Buyer will email a link providing access to the TDP via the DODSafe website.

Bid A - First Article Required

Item No.

Bid A - First Article Required

NSN: 1730-01-456-0084 BA

First Article/Production Set, Adapter-Engine Inlet Assembly Manufacturer Part Number 88277 17G230277-1 Buy American Act/Balance of Payments Program

Bid A - First Article Required

First Article Item No.

0001AA

Firm Fixed Price Quantity U/I Unit Price Amount

1 EA

FA

Bid A - First Article Required First Article/Production

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: The latest revision of ISO 9001, AS9100, NATO AQAP 2070 or equivalent quality management standard certification is preferred. Contractor QA shall meet highest standardunder which they qualify.

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A EY1746 DESTINATION

Class I ODS Substance Application/Use Quantity

NONE

None Type / Ship To PACRN Mark For A EY1746 PAA AFLCMC/WLM (C-17 Directorate) Type / Ship To Quantity (U/I) *ARO Receipt of FATP

Approval _ Req No / Pri

Required Delivery

A EY1746 1 EA *270 Calendar Days

Proposed Delivery

A EY1746 1 EA

Note to Contractor: Shipment of First Article is NOT authorized until the First Article has been approved and authorization is granted by the Procuring Contracting Officer.

Accelerated delivery is acceptable.

Bid A - First Article Required

Data in Support of CLIN 0001AA Item No.

DATA

Bid A - First Article Required Data in Support of First Article CLIN 0001AA Exhibit: A

Bid A - First Article Required

Test Plan Item No.

0002AA

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

FATP

First Article Test Plan In accordance with CDRL A001

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Exhibit: A Quality Assurance: Standard Inspection Type / Ship To PACRN Mark For I FA8526 AFLCMC/WLE, C-17 PSE Engineering Type / Ship To Quantity (U/I) *ARO Contract _ Req No / Pri

Required Delivery

I FA8526 1 LO *60 Calendar Days

Proposed Delivery

I FA8526 1 LO

Bid A - First Article Required

Test Report Item No.

0002AB

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

FATR

First Article Test Report

Bid A - First Article Required

Test Report In accordance with CDRL A002

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Exhibit: A Quality Assurance: Standard Inspection Type / Ship To PACRN Mark For I FA8526 AFLCMC/WLE, C-17 PSE Engineering Type / Ship To Quantity (U/I) *ARO Approval of

First Article _ Req No / Pri

Required Delivery

I FA8526 1 LO *60 Calendar Days

Proposed Delivery

I FA8526 1 LO

Bid B - First Article NOT Required

Producton (No First Article Required) Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 EA

NSN: 1730-01-456-0084 BA

Production/No First Article

SET, ADAPTER-ENGINE INLET ASSY

Manufacturer Part Number 88277 17G230277-1

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: The latest revision of ISO 9001, AS9100, NATO AQAP 2070 or equivalent quality managementstandard certification is preferred. Contractor QA shall meet highest standard under which they qualify.

Buy American Act/Balance of Payments Program Type / Ship To PACRN Mark For

A EY1746 PAA

Type / Ship To Quantity (U/I) *ARO Contract _ Req No / Pri

Required Delivery

A EY1746 1 EA *120 Calendar Days

Proposed Delivery

Bid B - First Article NOT Required

Producton (No First Article Required)

A EY1746 1 EA

Bid B - First Article NOT Required

Producton (No First Article Required) Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 EA

NSN: 1730-01-456-0084 BA

Production/No First Article

SET, ADAPTER-ENGINE INLET ASSY

Manufacturer Part Number 88277 17G230277-1

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: The latest revision of ISO 9001, AS9100, NATO AQAP 2070 or equivalent quality managementstandard certification is preferred. Contractor QA shall meet highest standard under which they qualify.

Foreign Military Sales :FMS Case:AT-D-QAJ Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

* DAT002 DESTINATION

Type / Ship To PACRN Mark For

* DAT002 PAA

Type / Ship To Quantity (U/I) *ARO Contract _ Req No / Pri

Required Delivery

* DAT002 1 EA *120 Calendar Days

Proposed Delivery

* DAT002 1 EA

Item Unique Identification Item No.

Not Separately Priced Quantity U/I Unit Price

Item Unique Identification

EA NSP

DATA

Item Unique Identification In accordance with CDRL A003 Exhibit: A

Option I can be exercised from time to time, at any time, within a period of 365 days after award or after approval of First Article, whichever is later, not to exceed a quantity of 3 each. Multiple option periods may be exercised simultaneously. An option is determined to have been exercised when transmitted electronically email. Sub-line items may be established at the time of option exercise.

Option I

Item No.

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

1 EA 3 EA

NSN: 1730-01-456-0084 BA

SET, ADAPTER-ENGINE INLET ASSY

Manufacturer Part Number 88277 17G230277-1

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: The latest revision of ISO 9001, AS9100, NATO AQAP 2070 or equivalent quality management standard certification is preferred. Contractor QA shall meet highest standard under which they qualify.

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD DESTINATION

Type / Ship To PACRN Mark For

A TBD PAA

Type / Ship To Quantity (U/I) *ARO Exercise of

Option _ Req No / Pri

Required Delivery

A TBD 1 EA

*100 Calendar Days

Proposed Delivery

A TBD 1 EA

Option II can be exercised from time to time, at any time, within a period of 730 days after award or after approval of First Article, whichever is later, not to exceed a quantity of 3 each. Multiple option periods may be exercised simultaneously. An option is determined to have been exercised when transmitted electronically email. Sub-line items may be established at the time of option exercise.

Option II

Item No.

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

1 EA 3 EA

NSN: 1730-01-456-0084 BA

SET, ADAPTER-ENGINE INLET ASSY

Manufacturer Part Number 88277 17G230277-1

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: The latest revision of ISO 9001, AS9100, NATO AQAP 2070 or equivalent quality management standard certification is preferred. Contractor QA shall meet highest standard under which they qualify.

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD DESTINATION

Type / Ship To PACRN Mark For

A TBD PAA

Type / Ship To Quantity (U/I) *ARO Exercise of

Option _ Req No / Pri

Required Delivery

A TBD 1 EA

*100 Calendar Days

Proposed Delivery

A TBD 1 EA

Option III can be exercised from time to time, at any time, within a period of 1,095 days after award or after approval of First Article, whichever is later, not to exceed a quantity of 3 each. Multiple option periods may be exercised simultaneously. An option is determined to have been exercised when transmitted electronically email. Sub-line items may be established at the time of option exercise.

Option III

Item No.

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

1 EA 3 EA

NSN: 1730-01-456-0084 BA

SET, ADAPTER-ENGINE INLET ASSY

Manufacturer Part Number 88277 17G230277-1

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: The latest revision of ISO 9001, AS9100, NATO AQAP 2070 or equivalent quality management standard certification is preferred. Contractor QA shall meet highest standard under which they qualify.

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD DESTINATION

Type / Ship To PACRN Mark For

A TBD PAA

Type / Ship To Quantity (U/I) *ARO Exercise of

Option _ Req No / Pri

Required Delivery

A TBD 1 EA

*100 Calendar Days

Proposed Delivery

A TBD 1 EA

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: A EY1746

THE BOEING COMPANY EY1746

XPO LOGISTICS CP 210 945 9312

927 BILLY MITCHELL RD STE 105

SAN ANTONIO TX 78226-1976

US

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

AWARD NUMBER:

TYPE/CODE: A TBD

TO BE DETERMINED

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

AWARD NUMBER:

TYPE/CODE: I FA8526

GLOBEMASTER (C-17)

AFLCMC/WLMK

235 BYRON ST STE 19A

BLDG 300 CML PHN 478 327 7137

ROBINS AFB GA 31098-1670

UNITED STATES

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

AWARD NUMBER:

SHIP TO (FOREIGN MILITARY SALES)

TYPE/CODE: * DAT002

SUPPLEMENTAL ADDRESS CODE:

FMS CASE CODE/LOA: AT-D-QAJ/031

MAPAC SHIP TO CODE: DAT002

MAPAC MARK FOR: DAT200

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

AWARD NUMBER:

Ship To: DAT002, AUSTRALIAN GOVERNMENT CARGO OFFICE, C/O DHL GLOBAL FORWARDING, TEL 650-449-5508, FAX 650 449 5524, 99 B SOUTH HILL DRIVE, BRISBANE CA 94005-1209

Mark For: DAT200, ROYAL AUSTRALIAN AIR FORCE, C-17 HOME BASE, WAREHOUSE BLD 1077, GLOBEMASTER CIRCUIT RAAF

BASE AMBERLEY, QLD 4306

PART I - THE SCHEDULE

SECTION E

INSPECTION AND ACCEPTANCE

FIRST ARTICLE TEST, CERTIFICATION AND DISPOSITION REQUIREMENTS (FEB 1998)

(IAW FAR 9.308-2)

Test criteria are as follows:

Lot/Item Government Test/Inspection Requirements

Lot/Item Contractor Test/Inspection Requirements 0001AA (See Below)

Contractor Testing Requirements Contractor’s notification to ACO and AFLCMC/WLE, C-17 PSE Engineering, of test time and location due 30 days prior to start of testing.

Disposition of the First Article shall be as follows:

Lot/Item Approved 0001AA Returned to contractor for shipment with production item(s).

Lot/Item Disapproved 0001AA Returned to contractor.

(The above Clause/Provision has been modified.)

52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

(IAW FAR 46.302)

52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

(IAW FAR 46.311, DFARS 246.202-4(1))

(a) The Contractor shall comply with the higher-level quality standard(s) listed below. [If more than one standard is listed, the offeror shall indicate its selection by checking the appropriate block.]*

Title Number Date Tailoring *See Individual Line Item Schedule

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

(IAW FAR 46.316)

INSPECTION AND ACCEPTANCE (SEP 1999)

(IAW FAR 46.401(b), FAR 46.503) Government Contract Quality Assurance Inspection and Acceptance will be at (Final):

[CONTRACTOR FILL-IN]

Item No(s): See schedule for items with the following code(s) listed below :

Inspection Code and Address:

Government Contract Quality Assurance Inspection and Acceptance will be at destination(s) specified herein (Final).

Item No(s): 0002AA, 0002AB

PART I - THE SCHEDULE

SECTION F

DELIVERIES OR PERFORMANCE

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.

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

(IAW FAR 42.1305(c))

PART I - THE SCHEDULE

SECTION G

CONTRACT ADMINISTRATION DATA

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(IAW DFARS 232.7004(b), PGI 232.7004(b)(1), DFARS 212.301(f)(liii))

(a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow

(WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/ .

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

____________Receiving Report_______________________________________________

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC To Be Determined Issue By DoDAAC FA8526 Admin DoDAAC To Be Determined Inspect By DoDAAC TO Be Determined Ship To Code See Schedule Ship From Code To Be Determined Mark For Code Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s) (*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

_________Julian.Stevenson@us.af.mil______________________________________________________ (Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed

(The above Clause/Provision has been modified.)

Justification for First Article (FA) Requirement:

1. Critical to Safety/Use (of weapon system).

2. Product described by drawing, OEM and MIL-Specs, End item requires Proof Load testing - testing must be properly performed.

3. FAT waived if procured from the OEM or produced directly for and approved by the OEM.

The FATP shall:

Conform to the requirements listed in CDRL A001

1) Proof Load testing required by DPS 3.08 is waived for non-load bearing wire rope or cable used for lanyards.

2) Acknowledge and specify notification of planned FAT for USG coordination. This shall be in the form of number of calendar days prior to FAT as specified by contract.

The Test Report (FATR) shall report the inspection and test results IAW the approved FATP and the FATR CDRL. The contractor shall manufacture the detail parts, acquire the requisite hardware, assemble and test one complete First Article IAW the item TDP. The Government QAR, C-17 COG Engineer, contracting official, program manager and/or Boeing technical representative shall have the opportunity to observe/witness FA testing in the facility used for production article testing.

See CDRL A002

When the item on contract includes subassemblies designed from Specification Control Drawing (SCD), it is required for the contractor to procure the subassembly(ies) from the suggested source(s) of supply listed on the subassembly drawing. Any deviation and/or modification must be approved by C-17 SPO PSE engineering and the

PCO.

PART II - CONTRACT CLAUSES

SECTION I

CONTRACT CLAUSES

5352.201-9101 OMBUDSMAN (OCT 2019)

(IAW AFFARS 5301.9103)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern.

The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Thomas G. Eller at 478-222-1088, email thomas.eller.1@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.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements.

Such inquiries shall be directed to the contracting officer.

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017)

(IAW FAR 3.909-3 (b))

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(SEP 2011)

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

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(SEP 2013)

(IAW DFARS 203.970)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUN 2020)

(IAW FAR 4.1403(a))

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(IAW FAR 4.1105(b))

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(IAW FAR 4.1804(c), FAR 12.301(d))

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

(IAW FAR 4.1202(b))

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(JUN 2016)

(IAW FAR 4.1903)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES

(JUL 2018)

(IAW FAR 4.2004)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(IAW 4.2105(b))

252.204-7002 PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED (APR 2020)

(IAW DFARS 204.7109(a))

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

(IAW DFARS 204.404-70(b))

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEC 2019)

(IAW DFARS 204.7304(c))

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (MAY 2016)

(IAW DFARS 204.7403(b), DFARS 212.301(f)(i)(F))

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2021)

(IAW DFARS 204.2105(c))

252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)

(IAW DFARS 204.7304(e))

52.209-3 FIRST ARTICLE APPROVAL--CONTRACTOR TESTING (SEP 1989)

(IAW FAR 9.308-1(a)(1), FAR 9.308-1(b)(1))

(a) The Contractor shall test ** unit(s) of Lot/Item * as specified in this contract. At least *** calendar days before the beginning of first article tests, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the testing so that the Government may witness the tests.

*Lot/Item ***Calendar Days Before Test **Quantity

0001AA 30 1

(b) The Contractor shall submit the first article test report within ___**___ calendar days from the date of this contract to ___***___ marked "FIRST ARTICLE TEST REPORT: Contract No. Lot/Item No. ___*___” Within ___****___ calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

*Lot/Item ****Approval Days ELIN No.

0001AA 60 A002

FA Test Report Item ***Type/Location **Calendar Days 0002AB FA8526 See Schedule

(c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all first article tests. After each request for additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall then conduct the tests and deliver another report to the Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time specified in paragraph (b) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article report on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed in testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance.

(f) If the Government does not act within the time specified in paragraph (b) or (c) above, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for

(1) progress payments, or

(2) termination settlements if the contract is terminated for the convenience of the Government.

(h) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government. The offeror/contractor may request a waiver.

52.209-3 FIRST ARTICLE APPROVAL--CONTRACTOR TESTING -- ALTERNATE I (JAN 1997)

(IAW FAR 9.308-1(a)(2), FAR 9.308-1(b)(2))

52.209-3 FIRST ARTICLE APPROVAL--CONTRACTOR TESTING -- ALTERNATE II (SEP 1989)

(IAW FAR 9.308-1(a)(3), FAR 9.308-1(b)(3))

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(NOV 2015)

(IAW FAR 9.108-5(b))

52.211-5 MATERIAL REQUIREMENTS (AUG 2000)

(IAW FAR 11.304)

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

(IAW FAR 11.604(b)) This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN

COMMERCIAL ITEMS) (FEB 2021)

(IAW FAR 13.302-5(d))

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 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)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(vii) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(viii) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(ix) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (NOV 2020)

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(ii) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) (41 U.S.C. chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (JUN 2020)(38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O.

13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP) will be—

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract, and the acquisition—

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (JUN 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/affars

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights—

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM

(MAR 1989)

(IAW FAR 17.208(e))

The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to exercise an option .

252.217-7000 EXERCISE OF OPTION TO FULFILL FOREIGN MILITARY SALES

COMMITMENTS--BASIC (NOV 2014)

(IAW DFARS 217.208-70(a))

(b) The foreign military sales commitments are for:

FMS COUNTRY LINE ITEM NUMBER

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2020-O0008) (MAR 2020)

(IAW Deviation 2020-O0008 Rev. 2)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. “Similarly situated entity,” as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;

(3) Contracts that have been awarded on a sole-source basis in accordance with subpart 19.8;

(4) Orders set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F), if the order amount is expected to exceed the simplified acquisition threshold;

(5) Orders competed among 8(a) participants in accordance with subpart 19.8 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F), regardless of dollar value;

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference; and

(7) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a NAICS code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. Other direct costs are excluded to the extent they are not the principal purpose of the contract and cannot be obtained from small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the…