FA853217R0003_______0001.pdf
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FA8532-17-R-0003 Amendment 0001
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| FA853217R0003_PackagingRequirements.pdf | ||
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE
J
2. AMENDMENT/MODIFICATION NO.
FA8532‐17‐R‐0003‐0001
3. EFFECTIVE DATE
4. REQUISITION/PURCHASE REQ. NO.
SEE SCHEDULE
5. PROJECT NO (If applicable)
6. ISSUED BY CODE
MISSION SUPPORT GENERATION/CONTRACT, AFLCMC/WNKAA
235 BYRON ST STE 19A
BLDG 300 CML PHN 478 222 1903
ROBINS AFB GA 31098‐1670
BUYER: Tangela L. Plant Tangela.Plant@robins.af.mil Phone: (478) 222‐ 1868 Fax: (000) 000‐0000 No Collect Calls
7. ADMINISTERED BY (If other than item 6) CODE
FA8532
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
CODE
X
9A. AMENDMENT OF SOLICITATION NO.
FA853217R0003
9B. DATED (SEE ITEM 11)
14‐FEB‐2017
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. 15‐MAY‐2017 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
CLIN 0001AB / NORWAY / NO-D-SAG
CLIN 0001AC / FRANCE /FR‐D‐SAE
CLIN 0001AD/ ITALY / IT‐D‐QAK
CLIN 0001AE/ THAILAND/ TH‐D‐EBR
CLIN 0001AF/ multiple FMS Cases/ See Schedule
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 0001 is to remove CLIN 0002 and associated subCLINs, and establish CLIN 0001AF.
b. No other changes are being made as a result of this modification.
PART I ‐ THE SCHEDULE
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
Note: ELECTRONIC RESPONSES ARE AUTHORIZED
In accordance with FAR 15.203(c), 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.
AN/ALM-288 TEST SET W/CASE
Item No.
NSN: 4920-01-423-8143 EW
ALM-288 TEST SET WITH CASE
Manufacturer Part Number 19397 188100-7001
Limitations of Liability: Other Than High Value Item
Preliminary Inspection:
Final Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required
Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)
Title Number Date Tailoring
NATO AQAP AQAP 2070
Applicability: None ;
Buy American Act/Balance of Payments Program IUID Required: Yes
0001AA
Firm Fixed Price Quantity U/I Unit Price Amount
3 EA
CLIN ACRN ACRN Total
0001AA AA
Manufacturer Part Number 19397 188100-7001 Associated Document(s) Line Item(s)
FD20601670460 0001
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
B FE2067 ORIGIN
Type / Ship To PACRN Mark For
B FE2067 PAA YCX608
Type / Ship To Quantity (U/I) *ARO Contract _ Req No / Pri Required Delivery
B FE2067 3 EA
*300 Calendar Days FE206762590028 / PRI: 13
Proposed
B FE2067 3 EA
0001AB
5 EA
0001AB AB
Associated Document(s) Line Item(s)
FD20601670460 0002
Foreign Military Sales
* DNO005 ORIGIN
* DNO005 PAA DNOG00
Type / Ship To Quantity (U/I) *ARO Contract _ Req No / Pri
* DNO005 5 EA
*300 Calendar Days DNOG5561686829 / PRI:
* DNO005 5 EA
0001AC
9 EA
0001AC AC
Associated Document(s) Line Item(s)
FD20601670460 0003
B FY2265 ORIGIN
B FY2265 PAA Pat Bowen 468-7282, John Hofmann 468-6138 or Cody
Giddens 468-6962. Supplementary Address: DXWSAE, Case Code: FR-D-SAE
Type / Ship To Quantity (U/I) *ARO Contract _ Req No / Pri
B FY2265 9 EA
*300 Calendar Days DFR02561666830 / PRI:
B FY2265 9 EA
0001AD
2 EA
0001AD AD
Associated Document(s) Line Item(s)
FD20601730075 0001
FD20601730075 0002
* DIT002 ORIGIN
* DIT002 PAA DIT500
* DIT002 PAA DIT500
Type / Ship To Quantity (U/I) *ARO Contract _ Req No / Pri
* DIT002 1 EA
*300 Calendar Days DIT55462716829 / PRI: 03
*300 Calendar Days DIT55462716830 / PRI: 03
0001AE
1 EA
0001AE AE
Associated Document(s) Line Item(s)
FD20601730666 0001
* DTH003 ORIGIN
* DTH003 PAA DTH100
Type / Ship To Quantity (U/I) *ARO Contract _ Req No / Pri
* DTH003 1 EA
*300 Calendar Days DTH14462651042 / PRI:
* DTH003 1 EA
0001AF
2 EA
Sub CLIN ACRN ACRN Total
000101 AF
000102 AG
000103 AH
000104 AJ
000105 AK
000106 AL
000107 AM
000108 AN
000109 AP
000110 AQ
000111 AR
000112 AS
000113 AT
000114 AU
000115 AV
000116 AW
000117 AX
Associated Document(s) Line Item(s)
FD20601691069 0001
FD20601691069 0002
FD20601691069 0003
FD20601691069 0004
FD20601691069 0005
FD20601691069 0006
FD20601691069 0007
FD20601691069 0008
FD20601691069 0009
FD20601691069 0010
FD20601691069 0011
FD20601691069 0012
FD20601691069 0013
FD20601691069 0014
FD20601691069 0015
FD20601691069 0016
FD20601691069 0017
Buy American Act/Balance of Payments Program
B FY2265 ORIGIN
B FY2265 PAA Mark Cisco, LCMC/WNYIA, 478-926-1851 Type / Ship To Quantity (U/I) *ARO Contract _ Req No / Pri
B FY2265 2 EA
*300 Calendar Days
B FY2265 2 EA
Country FMS CASE
NAMA (C-17) K8-D-QAF
NORWAY NO-D-QOC
OMAN MU-D-QAL
UNITED KINGDOM UK-D-QBK
AUSTRALIA AT-D-QAQ
CANADA CN-D-QZZ
CANADA CN-D-QBV
UNITED ARAB
EMIRATES
AE-D-QAC
QATAR QA-D-QAH
SAUDI ARABIA SR-D-QBP
IRAQ IQ-D-SAB
QATAR QA-D-QAC
INDIA IN-D-SAC
REPUBLIC OF KOREA KS-D-QCJ
INDIA IN-D-SAD
TAIWAN TW-D-QBZ
ITALY IT-D-QAK
SHIP TO / PLACE OF PERFORMANCE
TYPE/CODE: B FE2067
FE2067 78 LG LGS SBSS OPS
CML PHN 478 926 6262
455 BYRON ST BLDG 376
ROBINS AFB GA 31098
MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)
AWARD NUMBER:
TYPE/CODE: B FY2265
FY2265 AFLCMC WNYIA
CP 478 926 5809
220 THIRD ST BLDG 231, FMS
220 THIRD ST
ROBINS AFB GA 31098
USA
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: * DIT002
SUPPLEMENTAL ADDRESS CODE: DA2QAK
FMS CASE CODE/LOA: IT‐D‐QAK/13
MAPAC SHIP TO CODE: DIT002
MAPAC MARK FOR: DIT500
REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)
AWARD NUMBER:
TYPE/CODE: * DNO005
SUPPLEMENTAL ADDRESS CODE: DZ5SAG
FMS CASE CODE/LOA: NO‐D‐SAG/027
MAPAC SHIP TO CODE: DNO005
MAPAC MARK FOR: DNOG00
REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)
AWARD NUMBER:
TYPE/CODE: * DTH003
SUPPLEMENTAL ADDRESS CODE: DA3EBR
FMS CASE CODE/LOA: TH‐D‐EBR/003
MAPAC SHIP TO CODE: DTH003
MAPAC MARK FOR: DTH100
REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)
AWARD NUMBER:
SECTION C
DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS
(NOV 2005)
(IAW DFARS 211.273-4)
(b) Offerors are encouraged to propose SPI processes in lieu of military or Federal specifications and standards cited in the solicitation. A listing of SPI processes accepted at specific facilities is available via the Internet at http://guidebook.dcma.mil/20/guidebook_process.htm (paragraph 4.2).
(d) (Offeror insert information for each SPI process)
SPI Process: _____________________________________________________
Facility: _________________________________________________________
Military or Federal Specification or Standard: ____________________________
Affected Contract Line Item Number, Subline Item Number, Component, or Element:
SECTION E
INSPECTION AND ACCEPTANCE
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)
252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)
(IAW DFARS 246.370)
INSPECTION AND ACCEPTANCE (SEP 1999)
(IAW FAR 46.401(b), FAR 46.503) Preliminary inspection and acceptance will be at:
[CONTRACTOR FILL‐IN]
Item No(s): See schedule for items that specify preliminary inspection.
Inspection Code and Address:
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:
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.
52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)
(IAW FAR 11.703(b))
52.242-15 STOP-WORK ORDER (AUG 1989)
(IAW FAR 42.1305(b)(1))
52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)
(IAW FAR 42.1305(c))
52.247-29 F.O.B. ORIGIN (FEB 2006)
(IAW FAR 47.303-1(c))
52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT--SMALL PACKAGE SHIPMENTS (JAN 1991)
(IAW FAR 47.303-17(f))
F.O.B. ORIGIN (OCT 1993)
(IAW FAR 47.305(b)) Any supply item applicable to this document shall be delivered F.O.B. at:
F.O.B. Address
[CONTRACTOR FILL‐IN]
SECTION G
CONTRACT ADMINISTRATION DATA
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(IAW DFARS 232.7004(b), PGI 232.7004(b)(1), DFARS 212.301(f)(liii))
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
(Contracting Officer: Insert applicable document type(s).
Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand‐alone) and “Receiving Report” (stand‐alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC
Issue By DoDAAC
Admin DoDAAC
Inspect By DoDAAC
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back‐up documentation, as defined in DFARS Appendix F, (e.g.
timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e‐mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
(Contracting Officer: Insert applicable email addresses or “Not applicable.”)
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) For technical WAWF help, contact the WAWF helpdesk at 866‐618‐5988.
ACCOUNTING AND APPROPRIATION DATA (AUG 1998)
Accounting and Appropriation Chargeable ACRN Funds Citation Amount Chargeable
AA 57 53010 . 11 5 47 RN 190000 4FCOH1 80204 27439F 503000 HQ0104 $0.00
PSR: 385113 FSR: 071151 DSR: 184192
AB 9711X8242 .0002 4F X 47 RN CSAGNO 20M5A9 63800 027000 503000 HQ0104 $0.00
PSR: 053942 FSR: 067835 DSR: 250456
AC 9711X8242 .0002 4F X 47 RN CSAEFR 20M5A9 63800 028000 503000 HQ0104 $0.00
PSR: 152110 FSR: 012024 DSR: 250750
AD 9711X8242 .0002 4F X 47 RN CQAKIT 20M5A1 63800 013000 503000 HQ0104 $0.00
PSR: 035243 FSR: 067461 DSR: 208716
AE 9711X8242 .0002 4F X 47 RN CEBRTH 20M5A9 63800 003000 503000 F03000 $0.00
PSR: H33782 FSR: 045017 DSR: 080668
AF 9711X8242 .0002 4F X 47 RN CQAFK8 20M5A1 63800 702000 503000 HQ0104 $0.00
PSR: 175807 FSR: 068677 DSR: 310201
AG 9711X8242 .0002 4F X 47 RN CQOCNO 20M5A1 63800 702000 503000 HQ0104 $0.00
PSR: 175871 FSR: 012090 DSR: 310293
AH 9711X8242 .0002 4F X 47 RN CQALMU 20M5A0 63800 705000 503000 HQ0104 $0.00
PSR: 175811 FSR: 075301 DSR: 310299
AJ 9711X8242 .0002 4F X 47 RN CQBKUK 20M5A1 63800 700000 503000 HQ0104 $0.00
PSR: 175841 FSR: 068935 DSR: 310304
AK 9711X8242 .0002 4F X 47 RN CQAQAT 20M5A1 63800 701000 503000 HQ0104 $0.00
PSR: 184401 FSR: 017102 DSR: 310312
AL 9711X8242 .0002 4F X 47 RN CQZZCN 20M5A1 63800 703000 503000 HQ0104 $0.00
PSR: 176029 FSR: 054654 DSR: 310323
AM 9711X8242 .0002 4F X 47 RN CQBVCN 20M5A1 63800 700000 503000 HQ0104 $0.00
PSR: 175987 FSR: 070729 DSR: 310325
Accounting and Appropriation Chargeable ACRN Funds Citation Amount Chargeable
AN 9711X8242 .0002 4F X 47 RN CQACAE 20M5A1 63800 701000 503000 HQ0104 $0.00
PSR: 175985 FSR: 078629 DSR: 310335
AP 9711X8242 .0002 4F X 47 RN CQAHQA 20M5A1 63800 702000 503000 HQ0104 $0.00
PSR: 175882 FSR: 016761 DSR: 310340
AQ 9711X8242 .0002 4F X 47 RN CQBPSR 20M5A1 63800 702000 503000 HQ0104 $0.00
PSR: 175470 FSR: 076880 DSR: 310342
AR 9711X8242 .0002 4F X 47 RN CSABIQ 20M5A1 63800 018000 503000 HQ0104 $0.00
PSR: 175477 FSR: 012202 DSR: 310348
AS 9711X8242 .0002 4F X 47 RN CQACQA 20M5A1 63800 700000 503000 HQ0104 $0.00
PSR: 175463 FSR: 016758 DSR: 310360
AT 9711X8242 .0002 4F X 47 RN CSACIN 20M5A0 63800 033000 503000 HQ0104 $0.00
PSR: 175491 FSR: 054645 DSR: 310361
AU 9711X8242 .0002 4F X 47 RN CQCJKS 20M5A1 63800 701000 503000 HQ0104 $0.00
PSR: 175472 FSR: 011910 DSR: 310366
AV 9711X8242 .0002 4F X 47 RN CSADIN 20M5A1 63800 710000 503000 HQ0104 $0.00
PSR: 175595 FSR: 005197 DSR: 310371
AW 9711X8242 .0002 4F X 47 RN CQBZTW 20M5A1 63800 711000 503000 HQ0104 $0.00
PSR: 175591 FSR: 012106 DSR: 310373
AX 9711X8242 .0002 4F X 47 RN CQAKIT 20M5A1 63800 702000 503000 HQ0104 $0.00
PSR: 175574 FSR: 016759 DSR: 310375
REFERENCE:
AA SDN: F3QCDJ6250B003
CSN: 500700
AB SDN: F3QCDJ6250B003
AC SDN: F3QCDJ6250B003
AD SDN: F3QCDH6285B001
AE SDN: F3QCDJ6342B001
AF SDN: F3QCDH6232B001
AG SDN: F3QCDH6232B001
AH SDN: F3QCDH6232B001
AJ SDN: F3QCDH6232B001
AK SDN: F3QCDH6232B001
AL SDN: F3QCDH6232B001
AM SDN: F3QCDH6232B001
AN SDN: F3QCDH6232B001
AP SDN: F3QCDH6232B001
AQ SDN: F3QCDH6232B001
AR SDN: F3QCDH6232B001
AS SDN: F3QCDH6232B001
AT SDN: F3QCDH6232B001
AU SDN: F3QCDH6232B001
AV SDN: F3QCDH6232B001
AW SDN: F3QCDH6232B001
AX SDN: F3QCDH6232B001
ACRN TOTAL $ 0.00
PART II ‐ CONTRACT CLAUSES
SECTION I
CONTRACT CLAUSES
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.
52.202-1 DEFINITIONS (NOV 2013)
(IAW FAR 2.201)
52.203-3 GRATUITIES (APR 1984)
(IAW FAR 3.202)
52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
(IAW FAR 3.404)
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
(IAW FAR 3.503-2)
52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)
(IAW FAR 3.502-3)
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR
IMPROPER ACTIVITY (MAY 2014)
(IAW FAR 3.104-9(a))
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
(IAW FAR 3.104-9(b))
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
(OCT 2010)
(IAW FAR 3.808(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))
252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER
DEFENSE-CONTRACT-RELATED FELONIES (DEC 2008)
(IAW DFARS 203.570-3)
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(SEP 2013)
(IAW DFARS 203.970)
252.203-7995 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2017-O0001) (NOV 2016)
(IAW DARS TracKing # 2017-O0001)
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d)(1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2017 (Pub. L. 114‐223), or any other Act that extends to fiscal year 2017 funds the same prohibitions as contained in section 743, division E, title VII, of the Consolidated Appropriations Act, 2016 (Pub. L. 114‐113) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
252.203-7997 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2016-O0003) (OCT 2015)
(IAW DARS Tracking # 2016-O0003)
(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, 2016 (Pub. L. 114‐53) or any other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in sections 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011)
(IAW FAR 4.303)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS (OCT 2015)
(IAW FAR 4.1403(a))
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)
(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)
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 (OCT 2016)
(IAW DFARS 204.7304(c))
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION
SUPPORT (MAY 2016)
(IAW DFARS 204.7403(c), DFARS 212.301(f)(ix))
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
(OCT 2015)
(IAW FAR 9.409)
252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE
GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM
(OCT 2015)
(IAW DFARS 209.409)
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).
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.
52.215-2 AUDIT AND RECORDS--NEGOTIATION (OCT 2010)
(IAW FAR 15.209(b)(1))
52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
(IAW FAR 15.209(h), AFFARS 53.15.209(h))
52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010)
(IAW FAR 15.408(f)(1))
52.215-14 INTEGRITY OF UNIT PRICES -- ALTERNATE I (OCT 1997)
(IAW FAR 15.408(f)(2))
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)
(IAW FAR 19.708(a))
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)
(IAW FAR 19.309(c))
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code _____________ assigned to contract number ______________________________.
[Contractor to sign and date and insert authorized signer's name and title].
52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (OCT 2016)
(IAW FAR 22.1505(b))
52.222-20 CONTRACTS FOR MATERIALS, ARTICLES, AND EQUIPMENT EXCEEDING $15,000
(MAY 2014)
(IAW FAR 22.610)
52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
(IAW FAR 22.810(a)(1))
52.222-26 EQUAL OPPORTUNITY (SEP 2016)
(IAW FAR 22.810(e))
52.222-29 NOTIFICATION OF VISA DENIAL (APR 2015)
(IAW FAR 22.810(g))
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)
(IAW FAR 22.1310(a)(1), DFARS 222.1310(a)(1))
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)
(IAW FAR 22.1408(a))
52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)
(IAW FAR 22.1310(b))
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS
ACT (DEC 2010)
(IAW FAR 22.1605)
52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)
(IAW FAR 22.1705(a)(1))
52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
(IAW FAR 23.505)
52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL
HYDROFLUOROCARBONS (DEC 2016)
(IAW FAR 23.804(a)(1))
(b) The Contractor shall label products which contain or are manufactured with ozone‐depleting substances in the manner and to the extent required by 42 U.S.C. 7671j(b), (c), (d), and (e) and 40 CFR Part 82, Subpart E, as follows:
WARNING
Contains (or manufactured with, if applicable) ________________________*, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.
* The Contractor shall insert the name of the substance(s).
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE
DRIVING (AUG 2011)
(IAW FAR 23.1105)
52.223-20 AEROSOLS (DEC 2016)
(IAW FAR 23.804(a)(3))
52.223-21 FOAMS (DEC 2016)
(IAW FAR 23.804(a)(4))
252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)
(IAW DFARS 223.7306, DFARS 212.301(f)(xxi))
5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODSs)
(NOV 2012)
(IAW AFFARS 5323.804-90)
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
(IAW FAR 25.1103(a))
252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC (DEC 2016)
(IAW DFARS 225.1101(2))
252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2016)
(IAW DFARS 225.1101(3))
252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2016)
(IAW DFARS 225.7002-3(a), DFARS 212.301(f)(xxvii))
252.225-7013 DUTY-FREE ENTRY (MAY 2016)
(IAW DFARS 225.1101(4))
252.225-7027 RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES (APR 2003)
(IAW DFARS 225.7307(a))
(b) (1) For sales to the Government(s) of Australia, Taiwan, Egypt, Greece, Israel, Japan, Jordan, Republic of Korea, Kuwait, Pakistan, Philippines, Saudi Arabia, Turkey, Thailand, or Venezuela (Air Force), contingent fees in any amount.
252.225-7028 EXCLUSIONARY POLICIES AND PRACTICES OF FOREIGN GOVERNMENTS
(APR 2003)
(IAW DFARS 225.7300, DFARS 225.7307(b))
252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)
(IAW DFARS 225.7901-4)
252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC
ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)
(IAW DFARS 226.104)
52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)
(IAW FAR 27.201-2(a)(1))
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT
(DEC 2007)
(IAW FAR 27.201-2(b))
52.229-4 FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS)
(FEB 2013)
(IAW FAR 29.401-3(b))
252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)
(IAW DFARS 231.100-70)
52.232-1 PAYMENTS (APR 1984)
(IAW FAR 32.111(a)(1))
52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)
(IAW FAR 32.111(b)(1))
52.232-11 EXTRAS (APR 1984)
(IAW FAR 32.111(c)(2))
52.232-17 INTEREST (MAY 2014)
(IAW FAR 32.611(a), FAR 32.611(b))
52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
(IAW FAR 32.806(a)(1))
52.232-25 PROMPT PAYMENT (JAN 2017)
(IAW FAR 32.908(c))
(a) Invoice payments—
(5) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR part 1315.
(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7 day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
(IAW FAR 32.706-3)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
(DEC 2013)
(IAW FAR 32.009-2)
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)
52.233-1 DISPUTES (MAY 2014)
(IAW FAR 33.215)
52.233-3 PROTEST AFTER AWARD (AUG 1996)
(IAW FAR 33.106(b))
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
(IAW FAR 33.215(b))
52.242-13 BANKRUPTCY (JUL 1995)
(IAW FAR 42.903)
52.243-1 CHANGES--FIXED-PRICE (AUG 1987)
(IAW FAR 43.205(a)(1))
252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)
(IAW DFARS 243.205-70)
252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)
(IAW DFARS 243.205-71)
52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)
(IAW FAR 44.204(c))
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2017)
(IAW FAR 44.403)
252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)
(IAW DFARS 244.403)
52.246-23 LIMITATION OF LIABILITY (FEB 1997)
(IAW FAR 46.805(a)(1))
52.247-1 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)
(IAW FAR 47.104-4(a), FAR 47.104-4(b))
252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC (APR 2014)
(IAW DFARS 247.574(b))
252.247-7028 APPLICATION FOR U.S. GOVERNMENT SHIPPING
DOCUMENTATION/INSTRUCTIONS (JUN 2012)
(IAW DFARS 247.207)
52.248-1 VALUE ENGINEERING (OCT 2010)
(IAW FAR 48.201(b), FAR 48.201(f))
52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)
(APR 2012)
(IAW FAR 49.502(b)(1)(i))
52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)
(IAW FAR 49.504(a)(1))
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
(IAW FAR 52.107(b)) 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):
Regulations URLs: (Click on the appropriate regulation.)
http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/far1toc.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/dfarTOC.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/affars/affar1toc.htm
NOTE: After selecting the appropriate regulation above, at the "Table of Contents" page, conduct a search for the desired regulation reference using your browser's FIND function. When located, click on the regulation reference (hyperlink).
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(IAW FAR 52.107(f))
52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
(IAW FAR 53.111)
PART IV ‐ REPRESENTATIONS AND INSTRUCTIONS
SECTION K
REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS
OF OFFERORS OR RESPONDENTS
252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS
(NOV 2011)
(IAW DFARS 203.171-4(b), DFARS 212.301(f)(iv))
252.203-7994 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTS--REPRESENTATION (DEVIATION
2017--O0001) (NOV 2016)
(IAW DARS Tracking #2017-O0001)
(a) In accordance with 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), none of the funds appropriated (or otherwise made available) by this or any other Act may be used for a contract with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign 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 prohibition in paragraph (a) of this provision 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.
(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity 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.
252.203-7996 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTS--REPRESENTATION (DEVIATION
2016-O0003) (OCT 2015)
(IAW DARS Tracking # 2016-O0003)
(a) In accordance with section 101(a) of the Continuing Appropriations Act, 2016 (Pub. L. 114‐53) and any subsequent FY 2016 appropriations act that extends to FY 2016 funds the same restrictions as are contained in section 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235), none of the funds appropriated (or otherwise made available) by this or any other Act may be used for a contract with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign 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 prohibition in paragraph (a) of this provision 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.
(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity 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.
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2016)
(IAW FAR 4.1202(a)) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 334511 .
(2) The small business size standard is 1250 .
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204‐7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204‐7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[ ] (i) Paragraph (d) applies.
[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203‐2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm‐fixed‐price contract or fixed‐price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two‐step sealed bidding procedures;
or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203‐11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.
This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203‐18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.
(iv) 52.204‐3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204‐7, System for Award Management.
(v) 52.204‐5, Women‐Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209‐2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.
(vii) 52.209‐5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209‐11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214‐14, Place of Performance‐‐Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215‐6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219‐1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219‐2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222‐22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222‐26, Equal Opportunity.
(xiv) 52.222‐25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222‐26, Equal Opportunity.
(xv) 52.222‐38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.222‐57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies so solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.
Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222‐57 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.
(xvii) 52.223‐1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA‐designated items; or include the clause at (xvii) 52.223‐2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223‐4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA‐ designated items.
(xix) 52.223‐22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation. This provision applies to solicitations that include the clause at 52.204‐7
(xx) 52.225‐2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225‐1.
(xxi) 52.225‐4, Buy American‐‐Free Trade Agreements‐‐Israeli Trade Act Certificate. (Basic, Alternate I, II, and III) This provision applies to solicitations containing the clause at 52.225‐ 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.
(D) If the acquisition value is $77,533 or more but its less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225‐6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225‐5.
(xxiii) 52.225‐20, Prohibition on Conducting Restricted Business Operations in Sudan‐‐Certification. This provision applies to all solicitations.
(xxiv) 52.225‐25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transaction Relating to Iran—Representation and Certifications. This provision applies to all solicitations.
(xxv) 52.226‐2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
X __ (i) 52.204‐17, Ownership or Control of Offeror.
X __ (ii) 52.204‐20, Predecessor of Offeror.
X __ (iii) 52.222‐18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(see note) (iv) 52.222‐48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment ‐‐ Certification. ). (Note: If this clause is applicable it will be listed in the appropriate clause section of this document.)
__ (v) 52.222‐52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐‐Certification.
(see note) (vi) 52.223‐9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA‐Designated Products (Alternate I only). (Note: If this clause and it’s Alternate I are applicable they will be listed in the appropriate clause section of this document.)
(vii) 52.227‐6, Royalty Information.
__(A) Basic.
__ (B) Alternate I.
__(viii) 52.227‐15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and…
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