FA853817R0007.pdf

STANDARD FORM 1447 (2/2012)

Prescribed by GSA FAR (48 CFR) 53.215-1(d)

4. SOLICITATION NUMBER

FA8538-17-R-0007

6.SOLICITATION ISSUE DATE

8. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOSB PROGRAM

HUBZONE SMALL

BUSINESS EDWOSB

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS NAICS CODE:

8(A) SIZE STANDARD:

DATE SIGNED

28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION NUMBER

SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

ROUTINE

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

PR: FD2060‐17‐00024

SEE LINE ITEM SCHEDULE

22.

AMOUNT

16. AUTHORITY FOR USING OTHER THAN 10 USC 2304 41 USC 253

FULL AND OPEN COMPETITION (c) (1 ) (c) ( )

DATE SIGNED

27. SIGNATURE OF OFFEROR/CONTRACTOR

20.

UNIT

21.

UNIT PRICE

19.

QUANTITY

13. CONTRACTOR OFFEROR CODE FACILITY CODE

11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN * ___ CALENDAR DAYS (60 CALENDAR

DAYS UNLESS OFFEROR INSERTS A DIFFERENT PERIOD) FROM THE DATE SET FORTH IN BLK 9

ABOVE, THE CONTRACTOR AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE ITEMS

SOLICITED HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE TERMS AND

CONDITIONS STATED HEREIN. *90

RATING

DO: A1

3. AWARD/EFFECTIVE DATE

FA8538

2. CONTRACT NO.

X

CHECK IF REMITTANCE IS DIFFERENT

AND PUT SUCH ADDRESS IN OFFER

17.

ITEM NO.

12. ADMINISTERED BY CODE

Total

SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK: 14 EFT:T

SCD:B

NAME AND TITLE OF SIGNER (TYPE OR PRINT) NAME OF CONTRACTING OFFICER

24. AWARD AMOUNT (FOR GOVT USE ONLY)

23. ACCOUNTING AND APPROPRIATION DATA

SEE SCHEDULE

5. SOLICITATION TYPE

SEALED BIDS NEGOTIATED

(IFB) (RFP)

15. PROMPT PAY DISCOUNT

25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SETFORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS SUBJECT

THE TERMS AND CONDITIONS SPECIFIED HEREIN.

10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)

SUPPLIES SERVICES

9.

Offers will be received at the issuing office until the date and time specified below. All official United States Postal Service mail and classified material will be delivered to the address shown in block 7. Deliver all parcels to: AFSC/PZAAB, ATTN: Buyer named above, 480 RICHARD RAY

BLVD, BLDG 301 EW, ROOM E31, ROBINS AFB GA 31098-1813.

22-MAR-2017 4:00PM

X

18.

SCHEDULE OF SUPPLIES/SERVICES

14. PAYMENT WILL BE MADE BY CODE

(SEE ESP CLAUSE 252.232-7003.)

X

7. ISSUED BY CODE

F-15, C-130, & SOF-FW, AFSC/PZAAB

235 BYRON ST STE 19A

BLDG 300 CML PHN 478 926 3980

ROBINS AFB GA 31098-1670

BUYER: Natalie C. Powell natalie.powell@us.af.mil Phone: (478) 926- 7272 No Collect Calls

X

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)SOLICITATION/CONTRACT

BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27.

JS

SF 1447 (rev 2/2012) BACK

NO RESPONSE FOR THE REASONS CHECKED

TYPE OR PRINT NAME AND TITLE OF SIGNER

SIGNATURENAME AND ADDRESS OF FIRM (Include Zip Code)

WE DO NOT DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF

ITEMS INVOLVED

WE DO

OTHER (Specify)

CANNOT COMPLY WITH SPECIFICATIONS

CANNOT COMPLY WITH SPECIFICATIONS CANNOT MEET DELIVERY REQUIREMENT

FOLD

FOLD

FOLD

FOLD

SOLICITATION NO. FA853817R0007

DUE: 22 MAR 2017 4:00 PM

FROM: AFFIX

STAMP

HERE

TO:

ATTN: Natalie C Powell

F-15, C-130, & SOF-FW, AFSC/PZAAB

235 BYRON ST STE 19A

BLDG 300 CML PHN 478 926 3980

ROBINS AFB GA 31098-1670

FA8538-17-R-0007

PART I - THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

This requirement is for engineering services for qualification testing of the already re‐designed C‐130 Radar Display Unit (RDU), Electronic Flight Instrument (EFI) Light Emitting Diode (LED) backlight assemblies and the Graphics Processor Circuit Card Assembly (GP CCA) in order to validate/verify that they pass the necessary testing to ensure compliance as a Form Fit Function Interface (FFFI) and Operational Safety, Suitability, and Effectiveness (OSS&E) suitable replacement to the legacy systems.

Rework to include minor development will be necessary for testing anomalies encountered during Qualification testing and aircraft ground and flight testing.

Engineering Services

IAW PWS dated 5 October 2016 Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Engineering Engineering Services for qualification testing of the already re‐designed C‐130 Radar Display Unit (RDU), Electronic Flight Instrument (EFI) Light Emitting Diode (LED) backlight assemblies and the Graphics Processor Circuit Card Assembly (GP CCA) Performance IAW PWS Dated 5 October 2016 Associated Document(s) Line Item(s)

FD20601700024 0001

Priority: R

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Standard Inspection

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3119 DESTINATION

Type / Ship To PACRN Mark For A SW3119 PAC "FLB RIC" and "D4M REPAIR" Type / Ship To Quantity (U/I) IAW PWS AND DD

FORM 1423 CDRL POP

12 MONTHS ARO

Req No / Pri

Required Delivery

A SW3119 1 LO IAW PWS AND DD

FORM 1423

Proposed Delivery

A SW3119 1 LO

Data

IAW PWS Dated 5 October 2016 Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

DATA

CDRLs A001‐A009, DD Forms 1423IAW PWS Dated 5 October 2016 and DD Forms 1423 Associated Document(s) Line Item(s)

FD20601700024 0002

Priority: R

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3119 DESTINATION

Type / Ship To PACRN Mark For A SW3119 PAB "FLB RIC" and "D4M REPAIR" Type / Ship To Quantity (U/I) IAW PWS AND DD

FORM 1423 CDRL POP

12 MONTHS ARO

Req No / Pri

Required Delivery

A SW3119 1 LO IAW PWS AND DD

FORM 1423

Proposed Delivery

A SW3119 1 LO

Integrated Master Schedule

Data Item No.

0002AA

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Data CDRL A001 Integrated Master Schedule Associated Document(s) Line Item(s)

FD20601700024 0002

Priority: R

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3119 DESTINATION

Type / Ship To PACRN Mark For A SW3119 PAB "FLB RIC" and "D4M REPAIR" Type / Ship To Quantity (U/I) IAW PWS AND DD

FORM 1423 CDRL POP

12 MONTHS ARO

Req No / Pri

Integrated Master Schedule

Data Required Delivery

A SW3119 1 LO IAW PWS AND DD

FORM 1423

Proposed Delivery

A SW3119 1 LO

Conference Agenda

Data Item No.

0002AB

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Data CDRL A002 Conference Agenda Associated Document(s) Line Item(s)

FD20601700024 0002

Priority: R

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3119 DESTINATION

Type / Ship To PACRN Mark For A SW3119 PAB "FLB RIC" and "D4M REPAIR" Type / Ship To Quantity (U/I) IAW PWS AND DD

FORM 1423 CDRL POP

12 MONTHS ARO

Req No / Pri

Required Delivery

A SW3119 1 LO IAW PWS AND DD

FORM 1423

Proposed Delivery

A SW3119 1 LO

Conference Minutes

Data Item No.

0002AC

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Data CDRL A003 Conference Minutes Associated Document(s) Line Item(s)

FD20601700024 0002

Conference Minutes

Data Priority: R

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3119 DESTINATION

Type / Ship To PACRN Mark For A SW3119 PAB "FLB RIC" and "D4M REPAIR" Type / Ship To Quantity (U/I) IAW PWS AND DD

FORM 1423 CDRL POP

12 MONTHS ARO

Req No / Pri

Required Delivery

A SW3119 1 LO IAW PWS AND DD

FORM 1423

Proposed Delivery

A SW3119 1 LO

Status Report

Data Item No.

0002AD

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Data CDRL A004 Status Report Associated Document(s) Line Item(s)

FD20601700024 0002

Priority: R

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3119 DESTINATION

Type / Ship To PACRN Mark For A SW3119 PAB "FLB RIC" and "D4M REPAIR" Type / Ship To Quantity (U/I) IAW PWS AND DD

FORM 1423 CDRL POP

12 MONTHS ARO

Req No / Pri

Required Delivery

A SW3119 1 LO IAW PWS AND DD

FORM 1423

Proposed

Design Review Information Package

Data Item No.

0002AE

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Data CDRL A005 Design Review Information Package Associated Document(s) Line Item(s)

FD20601700024 0002

Priority: R

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3119 DESTINATION

Type / Ship To PACRN Mark For A SW3119 PAB "FLB RIC" and "D4M REPAIR" Type / Ship To Quantity (U/I) IAW PWS AND DD

FORM 1423 CDRL POP

12 MONTHS ARO

Req No / Pri

Required Delivery

A SW3119 1 LO IAW PWS AND DD

FORM 1423

Proposed Delivery

A SW3119 1 LO

Test Plan

Data Item No.

0002AF

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Data CDRL A006 Test Plan Associated Document(s) Line Item(s)

FD20601700024 0002

Priority: R

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3119 DESTINATION

Type / Ship To PACRN Mark For A SW3119 PAB "FLB RIC" and "D4M REPAIR" Type / Ship To Quantity (U/I) IAW PWS AND DD

FORM 1423 CDRL POP

12 MONTHS ARO

Req No / Pri

Test Plan

Data Required Delivery

A SW3119 1 LO IAW PWS AND DD

FORM 1423

Proposed Delivery

A SW3119 1 LO

Test/Inspection Report

Data Item No.

0002AG

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Data CDRL A007 Test/Inspection Report Associated Document(s) Line Item(s)

FD20601700024 0002

Priority: R

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3119 DESTINATION

Type / Ship To PACRN Mark For A SW3119 PAB "FLB RIC" and "D4M REPAIR" Type / Ship To Quantity (U/I) IAW PWS AND DD

FORM 1423 CDRL POP

12 MONTHS ARO

Req No / Pri

Required Delivery

A SW3119 1 LO IAW PWS AND DD

FORM 1423

Proposed Delivery

A SW3119 1 LO

Technical Report ‐ Reliability Prediction Report

Data Item No.

0002AH

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Data CDRL A008 Technical Report ‐ Reliability Prediction Report Associated Document(s) Line Item(s)

FD20601700024 0002

Technical Report ‐ Reliability Prediction Report

Data Priority: R

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3119 DESTINATION

Type / Ship To PACRN Mark For A SW3119 PAB "FLB RIC" and "D4M REPAIR" Type / Ship To Quantity (U/I) IAW PWS AND DD

FORM 1423 CDRL POP

12 MONTHS ARO

Req No / Pri

Required Delivery

A SW3119 1 LO IAW PWS AND DD

FORM 1423

Proposed Delivery

A SW3119 1 LO

Technical Report‐ Safety and Health Plan

Data Item No.

0002AJ

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

Data CDRL A009 Technical Report ‐ Safety and Health Plan Associated Document(s) Line Item(s)

FD20601700024 0002

Priority: R

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3119 DESTINATION

Type / Ship To PACRN Mark For A SW3119 PAB "FLB RIC" and "D4M REPAIR" Type / Ship To Quantity (U/I) IAW PWS AND DD

FORM 1423 CDRL POP

12 MONTHS ARO

Req No / Pri

Required Delivery

A SW3119 1 LO IAW PWS AND DD

FORM 1423

Proposed

Travel

IAW PWS Dated 5 October 2016 Item No.

Cost Reimbursement ‐ No Fee Quantity U/I Est Unit Cost Total Estimated Cost

1 LO

Travel

*TRAVEL EXPENSE*CC: MA

Associated Document(s) Line Item(s)

FD20601700024 0003

Priority: R

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3119 DESTINATION

Type / Ship To PACRN Mark For A SW3119 PAA "FLB RIC" and "D4M REPAIR" Type / Ship To Quantity (U/I) IAW PWS AND DD

FORM 1423 CDRL POP

12 MONTHS ARO

Req No / Pri

Required Delivery

A SW3119 1 LO IAW PWS AND DD

FORM 1423

Proposed Delivery

A SW3119 1 LO

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: A SW3119

DLA DISTRIBUTION WARNER ROBINS

455 BYRON STREET BLDG 376

455 BYRON STREET BLDG 376

ROBINS A F B GA 31098‐1887

ROBINS A F B GA 31098‐1887 GA 31098‐1887

USA

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

AWARD NUMBER:

PART I ‐ THE SCHEDULE

SECTION E

INSPECTION AND ACCEPTANCE

52.246‐4 INSPECTION OF SERVICES‐‐FIXED‐PRICE (AUG 1996)

(IAW FAR 46.304)

52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT (APR 1984)

(IAW FAR 46.305)

52.246-7 INSPECTION OF RESEARCH AND DEVELOPMENT--FIXED-PRICE (AUG 1996)

(IAW FAR 46.307(a))

52.246-8 INSPECTION OF RESEARCH AND DEVELOPMENT--COST-REIMBURSEMENT

(MAY 2001)

(IAW FAR 46.308)

52.246-8 INSPECTION OF RESEARCH AND DEVELOPMENT-- COST-REIMBURSEMENT --

ALTERNATE I (APR 1984)

(IAW FAR 46.308)

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:

PART I ‐ THE SCHEDULE

SECTION F

DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG 1989)

(IAW FAR 42.1305(b)(1))

52.242-15 STOP-WORK ORDER -- ALTERNATE I (APR 1984)

(IAW FAR 42.1305(b)(2))

52.247-34 F.O.B. DESTINATION (NOV 1991)

(IAW FAR 47.303-6(c))

52.247-48 F.O.B. DESTINATION--EVIDENCE OF SHIPMENT (FEB 1999)

(IAW FAR 47.305-4(c)) Applicable Item No(s)

0001 0002 0002AA 0002AB 0002AC 0002AD 0002AE 0002AF 0002AG 0002AH 0002AJ 0003

PART I ‐ THE SCHEDULE

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 97 X4930 .FC04 64 7 47 JW 400000 4FK700 58300 78202D 503000 HQ0104 $0.00

ESP: EK PSR: 036528 FSR: 035315 DSR: 174616

REFERENCE:

Accounting and Appropriation Chargeable ACRN Funds Citation Amount Chargeable

AA CIN: F3QL057023B0010000AA

SDN: F3QL057023B001

PR: FD20601700024

ACRN TOTAL $ 0.00

ACTIVITY ADDRESS CODE/ROUTING IDENTIFIER CODE (RIC) (MAR 2010)

(IAW AFI 24-230, DoD 4000.25-6M)

(a) The Contractor shall identify any existing Activity Address Code with the designated activity type (EB, ED, EJ, EP, EY or EZ) code, which applies to Contractor's approved F.O.B point when receiving, taking custody, issuing, or shipping DoD assets.

Include existing Routing Identifier Code (RIC), which may be required for accessing Government Data Systems.

(b) Offeror shall insert the existing Activity Address Code and RIC Code, or identify that the Contracting Officer will need to obtain an Activity Address Code and/or Routing Identifier Code (RIC) on contractor’s behalf.

Existing Activity Address Code __________________

Existing Routing Identifier Code (RIC) ________________

[ ] I currently do not possess an Activity Address Code for the designated activity type. Use the following address to obtain the Activity Address Code:

[ ] I currently do not possess a Routing Identifier Code (RIC) for the designated activity type.

TRANSPORTATION APPROPRIATION CHARGEABLE

The Transportation Allotment Identification (TAI) relates directly to the above ACRN(s). For example the TAI "TAA" is for the same line item(s) as ACRN

"AA".

FMS TRANSPORTATION ALLOTMENT SHALL BE USED ONLY WHEN

SHIPMENT ON GOVERNMENT BILL OF LADING IS AUTHORIZED

Insert 3 if movement via surface mode or 2 if movement via airlift in place of any "#" shown.

Insert last digit of current fiscal year in place of any asterisk "*" shown when material is shipped.

TAI ATAC FMS ALLOTMENT/ NOTE

TAA F6RS

PART II ‐ CONTRACT CLAUSES

SECTION I

CONTRACT CLAUSES

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(IAW DFARS 201.602-70)

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))

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS--REPRESENTATION (JAN 2017)

(IAW FAR 3.909-3 (a))

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))

252.203-7001 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))

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

(IAW FAR 4.1105(b))

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)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (JUL 2013)

(IAW FAR 9.104-7(c))

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(NOV 2015)

(IAW FAR 9.108-5(b))

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)

52.211-15 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).

252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012)

(IAW DFARS 211.274-6(b), DFARS 212.301(f)(iv))

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))

52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA

(AUG 2011)

(IAW FAR 15.408(b))

52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010)

(IAW FAR 15.408(d))

52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)

(IAW FAR 15.408(g))

52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS

(PRB) OTHER THAN PENSIONS (JUL 2005)

(IAW FAR 15.408(j))

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(IAW FAR 15.408(k))

52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009)

(IAW FAR 15.408(n)(2))

252.215-7000 PRICING ADJUSTMENTS (DEC 2012)

(IAW DFARS 215.408(1))

252.215-7002 COST ESTIMATING SYSTEM REQUIREMENTS (DEC 2012)

(IAW DFARS 215.408(2))

52.216-7 ALLOWABLE COST AND PAYMENT (JUN 2013)

(IAW FAR 16.307(a))

(a) Invoicing.

(3) The designated payment office will make interim payments for contract financing on the _30th day

52.216-11 COST CONTRACT--NO FEE (APR 1984)

(IAW FAR 16.307(e)(1))

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)

(IAW FAR 19.708(a))

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

(AUG 2016)

(IAW DARS Tracking # 2016-O0009)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) A statement of—

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

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

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

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

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

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

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

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

(i) Small business concerns;

(ii) Veteran‐owned small business concerns;

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

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns; and

(vi) Women‐owned small business concerns.

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

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

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

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

(ii) Veteran‐owned small business concerns;

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

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns (including ANC and Indian tribes); and

(vi) Women‐owned small business concerns.

(7) The name of the individual employed by the offeror who will administer the offeror’s subcontracting program, and a description of the duties of the individual.

(8) A description of the efforts the offeror will make to assure that small business, veteran‐owned small business, service‐disabled veteran‐owned small business, HUBZone small business, small disadvantaged business, and women‐owned small business concerns have an equitable opportunity to compete for subcontracts.

(9) Assurances that the offeror will include the clause of this contract entitled “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $700,000 ($1.5 million for construction of any public facility) with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause.

(10) Assurances that the offeror will—

(i) Cooperate in any studies or surveys as may be required;

(ii) Submit periodic reports so that the Government can determine the extent of compliance by the offeror with the subcontracting plan;

(iii) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (l) of this clause using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. The reports shall provide information on subcontract awards to small business concerns (including ANCs and Indian tribes that are not small businesses), veteran‐owned small business concerns, service‐disabled veteran‐owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns (including ANCs and Indian tribes that have not been certified by the Small Business Administration as small disadvantaged businesses), women‐owned small business concerns, and for NASA only, Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause;

(iv) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS;

(v) Provide its prime contract number, its DUNS number, and the e‐mail address of the offeror’s official responsible for acknowledging receipt of or rejecting the ISRs, to all first‐tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs; and

(vi) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own DUNS number, and the e‐mail address of the subcontractor’s official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans.

(11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror’s efforts to locate small business, veteran‐owned small business, service‐disabled veteran‐owned small business, HUBZone small business, small disadvantaged business, and women‐owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant‐wide or company‐wide basis, unless otherwise indicated):

(i) Source lists (e.g., SAM), guides, and other data that identify small business, veteran‐owned small business, service‐disabled veteran‐owned small business, HUBZone small business, small disadvantaged business, and women‐owned small business concerns.

(ii) Organizations contacted in an attempt to locate sources that are small business, veteran‐owned small business, service‐disabled veteran‐owned small business, HUBZone small business, small disadvantaged business, or women‐owned small business concerns.

(iii) Records on each subcontract solicitation resulting in an award of more than $150,000, indicating—

(A) Whether small business concerns were solicited and, if not, why not;

(B) Whether veteran‐owned small business concerns were solicited and, if not, why not;

(C) Whether service‐disabled veteran‐owned small business concerns were solicited and, if not, why not;

(D) Whether HUBZone small business concerns were solicited and, if not, why not;

(E) Whether small disadvantaged business concerns were solicited and, if not, why not;

(F) Whether women‐owned small business concerns were solicited and, if not, why not; and

(G) If applicable, the reason award was not made to a small business concern.

(iv) Records of any outreach efforts to contact—

(A) Trade associations;

(B) Business development organizations;

(C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, and women‐owned small business sources; and

(D) Veterans service organizations.

(v) Records of internal guidance and encouragement provided to buyers through—

(A) Workshops, seminars, training, etc.; and

(B) Monitoring performance to evaluate compliance with the program’s requirements.

(vi) On a contract‐by‐contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement.

(e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions:

(1) Assist small business, veteran‐owned small business, service‐disabled veteran‐owned small business, HUBZone small business, small disadvantaged business, and women‐owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor’s lists of potential small business, veteran‐owned small business, service‐disabled veteran‐owned small business, HUBZone small business, small disadvantaged business, and women‐owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time.

(2) Provide adequate and timely consideration of the potentialities of small business, veteran‐owned small business, service‐disabled veteran‐owned small business, HUBZone small business, small disadvantaged business, and women‐owned small business concerns in all “make‐or‐buy” decisions.

(3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran‐owned small business, service‐disabled veteran‐owned small business, HUBZone small business, small disadvantaged business, and women‐owned small business firms.

(4) Confirm that a subcontractor representing itself as a HUBZone small business concern is identified as a certified HUBZone small business concern by accessing the SAM database or by contacting SBA.

(5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran‐owned small business, HUBZone small, small disadvantaged, or women‐owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor’s subcontracting plan.

(6) For all competitive subcontracts over the simplified acquisition threshold in which a small business concern received a small business preference, upon determination of the successful subcontract offeror, the Contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location of the apparent successful offeror prior to award of the contract.

(f) A master plan on a plant or division‐wide basis that contains all the elements required by paragraph (d) of this clause, except goals, may be incorporated by reference as a part of the subcontracting plan required of the offeror by this clause; provided—

(1) The master plan has been approved;

(2) The offeror ensures that the master plan is updated as necessary and provides copies of the approved master plan, including evidence of its approval, to the Contracting Officer; and

(3) Goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan.

(g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items. The commercial plan shall relate to the offeror’s planned subcontracting generally, for both commercial and Government business, rather than solely to the Government contract. Once the Contractor’s commercial plan has been approved, the Government will not require another subcontracting plan from the same Contractor while the plan remains in effect, as long as the product or service being provided by the Contractor continues to meet the definition of a commercial item. A Contractor with a commercial plan shall comply with the reporting requirements stated in paragraph (d)(10) of this clause by submitting one SSR in eSRS for all contracts covered by its commercial plan. This report shall be acknowledged or rejected in eSRS by the

Contracting Officer who approved the plan. This report shall be submitted within 30 days after the end of the Government’s fiscal year.

(h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract.

(i) A contract may have no more than one plan. When a modification meets the criteria in 19.702 for a plan, or an option is exercised, the goals associated with the modification or option shall be added to those in the existing subcontract plan.

(j) Subcontracting plans are not required from subcontractors when the prime contract contains the clause at 52.212‐5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, or when the subcontractor provides a commercial item subject to the clause at 52.244‐6, Subcontracts for Commercial Items, under a prime contract.

(k) The failure of the Contractor or subcontractor to comply in good faith with—

(1) The clause of this contract entitled “Utilization Of Small Business Concerns;” or

(2) An approved plan required by this clause, shall be a material breach of the contract.

(l) The Contractor shall submit ISRs and SSRs using the web‐based eSRS at http://www.esrs.gov. Purchases from a corporation, company, or subdivision that is an affiliate of the prime Contractor or subcontractor are not included in these reports.

Subcontract award data reported by prime Contractors and subcontractors shall be limited to awards made to their immediate next‐tier subcontractors. Credit cannot be taken for awards made to lower tier subcontractors, unless the Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from an ANC or Indian Tribe. Only subcontracts involving performance in the United States or its outlying areas should be included in these reports.

(1) ISR. This report is not required for commercial plans. The report is required for each contract containing an individual subcontract plan.

(i) The report shall be submitted semi‐annually during contract performance for the periods ending March 31 and September 30. A report is also required for each contract within 30 days of contract completion.

Reports are due 30 days after the close of each reporting period, unless otherwise directed by the Contracting Officer. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or the previous reporting period.

(ii) When a subcontracting plan contains separate goals for the basic contract and each option, as prescribed by FAR 19.704(c), the dollar goal inserted on this report shall be the sum of the base period through the current option; for example, for a report submitted after the second option is exercised, the dollar goal would be the sum of the goals for the basic contract, the first option, and the second option.

(iii) The authority to acknowledge receipt or reject the ISR resides—

(A) In the case of the prime Contractor, with the Contracting Officer; and

(B) In the case of a subcontract with a subcontracting plan, with the entity that awarded the subcontract.

(2) SSR.

(i) Reports submitted under individual contract plans—

(A) This report encompasses all subcontracting under prime contracts and subcontracts with the awarding agency, regardless of the dollar value of the subcontracts.

(B) The report may be submitted on a corporate, company or subdivision (e.g. plant or division operating as a separate profit center) basis.

(C) If a prime Contractor and/or subcontractor is performing work for more than one executive agency, a separate report shall be submitted to each executive agency covering only that agency’s contracts, provided at least one of that agency’s contracts is over $700,000 (over $1.5 million for construction of a public facility) and contains a subcontracting plan. For DoD, a consolidated report shall be submitted for all contracts awarded by military departments/agencies and/or subcontracts awarded by DoD prime Contractors.

(D) The consolidated SSR shall be submitted annually for the twelve month period ending September 30. The report is due 30 days after the close of each reporting period.

(E) Subcontract awards that are related to work for more than one executive agency shall be appropriately allocated.

(F) The authority to acknowledge or reject SSRs in eSRS, including SSRs submitted by subcontractors with subcontracting plans, resides with the Government agency awarding the prime contracts unless stated otherwise in the contract.

(ii) Reports submitted under a commercial plan—

(A) The report shall include all subcontract awards under the commercial plan in effect during the Government’s fiscal year.

(B) The report shall be submitted annually, within thirty days after the end of the Government’s fiscal year.

(C) If a Contractor has a commercial plan and is performing work for more than one executive agency, the Contractor shall specify the percentage of dollars attributable to each agency from which contracts for commercial items were received.

(D) The authority to acknowledge or reject SSRs for commercial plans resides with the Contracting Officer who approved the commercial plan.

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN -- ALTERNATE II (DEVIATION

2016-O0009) (AUG 2016)

(IAW DARS Tracking # 2016-O0009)

As prescribed in 19.708(b)(1)(ii), substitute the following paragraph (c) for paragraph (c) of the basic clause:

(c) Proposals submitted in response to this solicitation shall include a subcontracting plan that separately addresses subcontracting with small business, veteran‐owned small business, service‐disabled veteran‐owned small business, HUBZone small business, small disadvantaged business, and women‐owned small business concerns.