HSCG23-16-R-AHH008_PDF.pdf

United States Coast Guard MH-65E AFCS Control Panel

Request for Proposal (RFP) No. HSCG23-16-R-AHH008

CONTRACT LINE ITEM NUMBERS (CLINs)

The Government contemplates award of a Firm Fixed Price (FFP) contract resulting from this solicitation. The Government intends to fully fund the Base Year CLIN 00001 upon contract award. The price for production and spare parts should be identical. Spare parts are not anticipated to be procured until Option Year 3.

BASE YEAR CLINs

CLIN Description Part # / NSN QTY Unit Price Total Price

00001 AFCS Control Panel (FCP -100) 8222-3362-001 / TBD 35

00002 AFCS Control Panel (FCP -100) Spares 8222-3362-001 / TBD 0

TOTAL BASE YEAR PRICE

OPTION YEAR 1 CLINs

Unit Price Total Price

10001 AFCS Control Panel (FCP -100) 8222-3362-001 / TBD 35

10002 AFCS Control Panel (FCP -100) Spares 8222-3362-001 / TBD 0

TOTAL OPTION YEAR 1 PRICE

OPTION YEAR 2 CLINs

Unit Price Total Price

20001 AFCS Control Panel (FCP -100) 8222-3362-001 / TBD 35

20002 AFCS Control Panel (FCP -100) Spares 8222-3362-001 / TBD 0

TOTAL OPTION YEAR 2 PRICE

OPTION YEAR 3 CLINs

Unit Price Total Price

30001 AFCS Control Panel (FCP -100) 8222-3362-001 / TBD 0

30002 AFCS Control Panel (FCP -100) Spares 8222-3362-001 / TBD 35

TOTAL OPTION YEAR 3 PRICE

U.S. Coast Guard | Maritime Patrol Aircraft Spare Parts Solicitation No. HSCG23-14-R-AHH008

STATEMENT OF WORK

REFERENCE ATTACHMENT A.

PACKAGING AND MARKING

All components and parts covered under this contract shall be store and shipped in Contractor provided shipping containers. Any damage sustained during shipment/handling/storage of the components due to Contractor’s improper maintenance/packaging and preservation of the container, shall be the responsibility of the contractor.

Articles shall be packed and shipped per MIL-STD-2073 or ASMT equivalent, in a manner that will accommodate shipping environments normally encountered within the commercial distribution system and ensure safe transportation at the lowest rate to the point of delivery. Each LRU shall have its own shipping container. Packaging material shall not consist of popcorn, shredded paper, Styrofoam of any type, or peanut packaging.

All shipping containers/packages shall be marked for delivery in accordance with the contract. All parts and assemblies, which require special care during packing, handling or shipping shall be identified and marked appropriately. A copy of the packing slip shall be affixed to the exterior of the package or shipping container and shall contain the following information:

Nomenclature; National Stock Number; Contract Number; CLIN number

The following data is desired: Serial Number; Contractor’s Part Number; Contractor’s Name and Address

PLACE OF DELIVERY

All parts ordered under this contract shall be shipped and delivered to the following address:

Rockwell Collins 400 Collins Rd NE Cedar Rapids, IA 52498 Mark for “COPS” Mark for Contract No. (TBD)

DELIVERY SCHEDULE

The period of deliveries for this contract is:

BASE YEAR CLIN 00001 – 3 units per month beginning April 2017, 00002 - TBD

OPTION YEAR 1 CLIN 10001 – 3 units per month, 10002 - TBD

OPTION YEAR 2 CLIN 20001 – 3 units per month, 20002 - TBD

OPTION YEAR 3 CLIN 30001 – 3 units per month, 30002 - TBD

EARLY DELIVERY

Early delivery is authorized. If the Contractor anticipates any modified items for acceptance earlier than the Contractor proposed delivery dates, the Contractor shall provide written notice 30 days in advance to the Government.

CONTRACT ADMINISTRATION DATA

PAYMENT ADDRESS

Pursuant to the requirements of FAR 52.204-7, payment shall be made in accordance with the address established in the Contractor’s Central Registration.

AUTHORITY OF GOVERNMENT PERSONNEL

(a) The Contracting Officer (KO) is the only person authorized to approve changes in any of the requirements under this contract. In any event, no individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, price, or delivery schedule of this contract.

(b) The Contract Specialist (KS) is authorized to approve invoices, accept data deliverables and to sign routine contract administration documentation.

(c) The Contracting Officer’s Representative (COR) is responsible for monitoring the performance of work under this contract. Under no circumstances, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms and conditions of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the KO prior to completion of the contract.

(d) The COR may give technical direction to the Contractor that fills in details, requires pursuit of certain lines of inquiry, or otherwise serves to facilitate the Contractor’s compliance with the contract. To be valid, technical direction by the COR must be consistent with the general scope of the work set forth in this contract.

INVOICING REQUIREMENTS

(a) Invoices shall be submitted in accordance with the instructions listed in the solicitation. The Contractor shall follow the proper invoicing procedures outlined in the Federal Acquisition Regulation (FAR) 32.905 titled “Payment Documentation and Process.” Failure to follow these procedures could result in delay of payment or rejection of the invoice.

(b) In addition to the procedures set forth above, the Contractor shall provide the following information on all invoices:

(1) Contract number, CLIN number, invoice number, amount to be paid (with breakdown of category and hours), and explanation of the cost to include subcontractors (if applicable).

(2) In addition to the requirements of clause 52.232-25 Prompt Payment clause, the requisition number found in block six of SF 33 must be included on an invoice.

(c) Any additional information requested for verification of completion of the task shall be provided upon request at no cost to the Government. The Government reserves the right to reject any invoice without the required information.

PAYMENT AND INVOICE INFORMATION

(a) The Government will make payment in accordance with FAR 52.232-33, Payment by Electronic Transfer-Central Contractor Registration (May 1999).

(b) The U.S. Coast Guard requires the Contractor to submit certain information to the U.S. Coast Guard Finance Center in order to facilitate EFT payment for deliveries or performance under this contract. Accordingly, prior to submitting the first invoice for payment, the contractor shall complete the EFT/ACH Vendor Payment Enrollment Form, available at the website:

http://www.fincen.uscg.mil/secure/enrollment_form.htm.

The form may be completed online or faxed to the U.S. Coast Guard Finance Center following the online instructions. Failure to submit the EFT/ACH Vendor Payment Enrollment Form to the above mentioned address as soon as possible after award may result in nonpayment of invoices.

http://www.fincen.uscg.mil/secure/enrollment_form.htm

ADDRESS OF CORRESPONDENCE

All contract correspondence shall be forwarded to the Contracting Officer at the following address:

COMMANDANT (CG-9127)

ATTN: SUSAN FERRALLI

U.S. COAST GUARD STOP 7828

2703 MARTIN LUTHER KING JR AVE SE

WASHINGTON DC 20593-7828

E-MAIL: SUSAN.FERRALLI@USCG.MIL

ACCOUNTING AND APPROPRIATION DATA

RESERVED

CONTRACTOR REPRESENTATIVES AUTHORIZED TO SIGN DOCUMENTS

Upon execution of the contract, the Contractor shall provide a list to the Contracting Officer which identifies the Contractor representative(s) authorized to sign written communications and/or make obligations on behalf of the Contractor. The list shall specifically contain the following:

(a) Name of the individual authorized to sign Contractor-generated technical data and Contractor management type documentation; and,

(b) Type of documentation each individual is authorized to sign.

(c) Upon addition or deletion of one or more names, the list shall be revised accordingly and the updated list shall be provided to the Contracting Officer.

CONTRACT CLAUSES

SEE ATTACHMENT B – CONTRACT CLAUSES

LIST OF ATTACHMENTS AND OTHER DOCUMENTS

The following documents are hereby incorporated:

TITLE

A Statement of Work B Contract Clauses C Subcontracting Plan

PROPOSAL INSTRUCTIONS, PREPARATION and SUBMISSION

This acquisition is conducted using FAR 13.5 Simplified Procedures for Certain Commercial Items. The Government intends to award a Firm Fixed Price (FFP) contract.

The proposal shall be submitted no later than (NLT) 1100 ET 31 May 2016. Proposals shall be submitted electronically (using WinZip software) via e-mail to the Contracting Officer, Ms. Susan Ferralli at Susan.Ferralli@uscg.mil and Contract Specialist, Ms. Jazmine Gordon at Jazmine.T.Gordon@uscg.mil.

mailto:SUSAN.FERRALLI@USCG.MIL mailto:Susan.Ferralli@uscg.mil mailto:Jazmine.T.Gordon@uscg.mil

The electronic copy shall be compatible with MS Office 2007 or Adobe Acrobat 8 Standard. Please include the solicitation number in the subject line.

The proposal shall be valid 120 days from the date specified for receipt of offer.

The proposal shall contain price information for each part and CLIN in Microsoft Excel format with formulas accessible. Supporting price information shall be provided in MS Word 2007 or Adobe 8 Standard. The Government reserves the right to require the submission of cost or pricing data or data other than certified cost or pricing data in accordance with FAR 52.215-20.

EVALUATION

The Government will evaluate the proposal for Technical (item offered, delivery schedule and warranty), Price and Past Performance. Evaluation of options shall not obligate the Government to exercise the option(s).

HSCG23-16-R-AHH008 | Attachment A Statement of Work

STATEMENT OF WORK

1.1 General

1.2 Scope. A requirement exists for the United States Coast Guard (USCG) to purchase an aircraft part (production and spares) to produce and sustain its fleet of 98 MH-65E Short Range Recovery (SRR) helicopters. The part required is an Automatic Flight Control System (AFCS) Control Panel. This part will be obtained under Firm Fixed Price (FFP) contract. The contractor shall manufacture, assemble, integrate, test, certify, and deliver the required quantities listed in Section 6 of this document consisting of commercial hardware and the required software modifications to meet the requirements of this contract. The Contractor shall also provide integrated logistical support service and engineering support services.

1.3 Background. The Discrete Segment 6 (DS6), phase of the H-65 Conversion/Sustainment Program (approved on August 14, 2009) authorizes the continued use of the presently in place AFCS. The AFCS is undergoing reliability, maintainability and sustainability upgrades under a separate contracting effort to support the continued service of the MH-65 per the Acquisition Program Baseline (APB). The upgraded helicopter will be designated as the MH-65E.

1.4 Roles and Responsibilities.

1.4.1 USCG Aviation Logistics Center (ALC), Elizabeth City NC. The ALC H-65 Product Line will serve as the primary airframe/system integrator for the DS6 components. ALC is the Government airworthiness authority for the MH-65 Avionics System Development. The components will be received and installed by the USCG at the ALC during MH-65E modifications in a Planned Depot Maintenance (PDM) cycle.

1.4.2 Rockwell Collins Incorporated (RCI). RCI currently serves as the avionics integrator for DS6 and the principle design authority for the AFCS Design. RCI will support AFCS integration and continued AFCS system integration for the MH-65E at the System Integration Laboratory (SIL) in Cedar Rapids, IA.

1.4.3 Component Supplier. The component supplier will provide the required components, interface control, software and support for the component integration and warranty services for the full period of this contract.

2.1 Applicable Documents/References. The following documents form a part of this Statement of Work (SOW) and are considered key guidance of laws and regulations to assist the contractor in the administration of this contract and are provided upon request:

Contract HSCG23-14-C-2DA033, AFCS Engage Panel.

CGTO 1H-65-2-2 - H-65 Wiring Manual COMDTINST M3710.1 (Series) - USCG Air Operations Manual

2.1.1 Applicable Commercial Documents. In addition to the documents listed below, and unless otherwise specified herein, the Contractor shall comply with its own internal written standards relative to design, quality, and configuration specifications.

ARINC 429 Mark 33 Digital Information Transfer System

RTCA DO-160 Environmental Conditions and Test Procedures for Airborne Equipment

RTCA DO-178 Software Considerations in Airborne Systems and Equipment Certification SAE AS50881B-A1 Wiring Aerospace Vehicle

2.1.2 Applicable Rockwell Collins Documents. The Contractor will deliver copies of the documents listed below within 30 days of contract award, if requested.

945-8624-001 Rev B Preliminary, System Specification for the MH-65E Avionics 945-8625-001 Rev B Preliminary, Interface Requirements Specification for the MH-65E

Avionics 946-1633-001 Rev A Preliminary, Warnings, Cautions, Advisories and Annunciations Table for the MH-65E Avionics 670-0681-001 Rev B 614E-54 Automatic Flight Control System Panel 642-8834-001 Rev F Functional Specification for a Helicopter Automatic Flight Control

System.

2.1.3 Applicable Government Documents. The following documents in effect on the date of contract award form a part of this SOW to the extent they are specifically referenced:

NAVAIR 01-1A-505 Aircraft Electric and Electronic Wiring MIL-STD-3009 DoD Interface Standard for Aircraft NVIS MIL-DTL-7788H Detail Spec, Panels, Information, Integrally Illuminated CGTO 1H-65-2-3 Avionics System Maintenance Manual U.S. Coast Guard Model HH-65

Helicopters

2.2 Document Precedence. In the event of a conflict or ambiguity, the following order of precedence among documents shall govern:

1. USCG specifications and procedures

2. FAA documents

3. OEM specifications and procedures

4. Applicable commercial documents

3.1 Airworthiness Certification. The contractor shall maintain Original Equipment Manufacturer (OEM) and Federal Aviation Administration (FAA) certifications for the repair of this component for the Period of Performance (POP) prescribed herein. The contractor shall immediately notify the Contracting Officer of the loss of either certification. The contractor shall ensure software versions are noted distinctly on all repair documents, inventory management documents and any reports required by the SOW.

3.2 Component purchases. The contractor shall provide purchased components, related equipment, spare parts, software, integration support, test support, documentation, and product improvements.

3.3 Modifications to COTS. The contractor shall make modifications, as required to meet system technical specifications. The contractor shall use Commercial off the Shelf (COTS) software and hardware to the maximum extent possible to meet requirements.

3.4 Program Management. The contractor shall provide a Program Manager (PM) who shall be responsible for all contractor work performed under this contract. The contractor’s PM shall be a single point of contact for the Cont racting Officer’s Representative (COR). The PM shall be one of the senior level employees provided by the contractor for this work effort.

The contractor shall identify by name the PM, and the name(s) of any alternate(s) who will act for the contractor in the absence of the PM. During the absence of the PM, only one alternate shall have full authority to act for the contractor on all matters relating to work performed under this contract. The PM and all designated alternates shall be able to read, write, speak and understand English fluently. The contractor shall notify the Contracting Officer whenever program risks are identified that affect contractual deliveries, such as strike, work stoppages, defective material, and potential recalls. Additionally, the contractor shall notify the Contracting Officer within five (5) business days of any event that affects contract deliveries or workload.

3.4.1 Engineering Liaison. The contractor shall designate an engineering liaison for USCG ALC support issues. The engineering liaison shall have full access to all applicable manufacturers’ data and shall be authorized to speak for the manufacturer regarding technical issues. The engineering liaison shall be available to respond to USCG inquiries during normal working hours throughout the POP of this contract.

3.4.2 Field Service Engineer Support. The contractor shall provide Field Service Engineer (FSE) to support all USCG sites and provide technical coordination between the field and repair center as needed. The FSE shall provide on-site training for maintenance/preventative maintenance and provide guidance to resolve field-testing issues. FSE support will be required on an “as needed” basis and is not intended as a full time position.

3.4.3 Data Management. Unless otherwise specified, the contractor shall prepare and deliver all data deliverables in electronic format compatible with Coast Guard Standard Workstation (Windows Server 2007 and Microsoft Office 2007 or later). Data not required to be revised may be provided in Adobe Acrobat 8 (Standard) or later by Adobe Systems, Inc. Due to USCG Internet restrictions, electronic mail attachments over 5 MB in size cannot be accepted. The Contractor shall provide all deliverables exceeding the 5 MB file size on Compact Disk (CD) or Digital Video Disk (DVD) with read/write capability and/or via a suitable large file upload server. As required, deliverables shall be made IAW the specified Contract Data Requirement List (CDRL).

3.4.3.1 Post Award Conference. The contractor shall attend a Post Award Conference to be held at ALC no later than 30 business days following the date of award. The USCG will determine the specific date for the Post Award Conference at time of contract award.

3.6 Program security

3.6.1 Protection of Information. Contractor access to proprietary information protected under the Privacy Act may be required under this contract. Contractor employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with the law and government policy and regulation.

Contractor access to proprietary information is required under this contract. Contractor employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with DHS MD 11042.1, Safeguarding Sensitive But

Unclassified (SBU) Information. SBU includes information categorized by DHS or other government agencies as: For Official Use Only (FOUO); Official Use Only (OUO);

Sensitive Homeland Security Information (SHSI); Limited Official Use (LOU); Law Enforcement Sensitive (LES); Safeguarding Information (SGI); Unclassified Controlled Nuclear Information (UCNI); and any other identifier used by other government agencies to categorize information as sensitive but unclassified. The contractor shall ensure that all contractor personnel having access to business or procurement sensitive information sign a non-disclosure agreement (DHS Form 11000-6). In addition, in accordance with FAR 9.505-4(b), the Contractor shall be required to execute a non-disclosure agreement with other Contractors.

3.6.1.1 Access. The Contractor shall provide USCG personnel access to relevant RSS technical performance information developed by OEMs. Technical performance information includes information pertaining to flight safety, equipment reliability and delivery performance. Inquiries by USCG technical personnel shall be answered as soon as possible and not later than 24 hours after requested for flight safety issues. Access will be provided to review manufacturer quality assurance and engineering documentation as required to support USCG flight safety investigations.

3.7 System Engineering and Integration

3.7.1 Components Referenced. The contractor shall support the development, integration, production and delivery of the referenced component under this contract.

3.7.2 Integration Support. The contractor shall provide technical support for the USCG MH-65E prototype and integration effort through the life of the contract. The contractor shall coordinate with other OEMs to ensure optimal performance and airframe/avionics interface.

3.7.3 Operational and Developmental Test Efforts. The contractor shall provide technical support, as required, for the MH-65E operational and developmental test efforts to ensure optimal performance and airframe/avionics interface.

3.7.4 Interface Control Drawings. The contractor shall provide Interface Control Drawings (ICDs) that clearly show the components, cable assemblies and interconnections, and installation components. The ICD shall include tables that clearly describe in full detail all input and output signal functions and descriptions and connector information that would be required by the Government for maintenance troubleshooting procedures or airframe integration. The ICD shall include any limitations of the length of the individual cable assemblies. The ICD will describe all software and electrical interface requirements for the referenced components.

3.8 Quality Assurance

3.8.1 Inspections and Tests. The contractor shall establish an inspection system in accordance with Federal Aviation Administration and/or Department of Defense procedures for all components. The USCG reserves the right to review the contractor operation and/or facilities at any time during the period of the contract.

3.8.2 Testing of Repaired Components. The contractor shall make available to the Government all acceptance test results and, as applicable, discrepancy reports with corrective actions taken for each component.

3.8.3 Final Inspection and Acceptance. Final inspection and acceptance of material under this contract shall be performed at destination (ALC) by local receiving personnel and will consist of count, condition and verification that all required documentation has been provided. ALC considers components Ready for Issue (RFI) upon acceptance.

Components determined to be non-RFI upon installation may be returned to the contractor with a Quality Deficiency Report.

3.8.4 Configuration Management Program. The contractor shall have an established Configuration Management Program with control systems in place for the referenced components including configuration identification of each hardware and software configuration item for the contract life. The contractor shall ensure hardware and software version consistency for all installed, repaired and spare systems. The contractor shall not change or modify any component software for the operating system, to include performance enhancement, and/or product improvement, etc. without approval from the USCG. Changes other than Class II will not be made without approval from the Contracting Officer. The contractor shall provide a Configuration Management Plan, ninety (90) calendar days following contract award.

3.8.5 Serialization. Serial numbers shall be assigned and permanently attached in accordance with FAA/DoD (MIL-DTL-18307H) approved procedures.

3.8.6 Notification. The contractor shall immediately notify the COR upon identification of any quality issue, failure, or situation that could possibly affect the reliability of the referenced components.

4.1 Warranty Program

REFERENCE ATTACHMENT B

5.1 Integrated Logistics Support

5.2 Sustainment. Engineering support services and product improvement efforts will be performed during the duration of the contract. Long term sustainment efforts following the end of the warranty period will be negotiated in a separate contract action.

5.3 Significant Component History Report (SCHR). The contractor shall ensure the SCHR remains with the corresponding part until returned to the USCG following repair.

5.4 Component Repair Record (CRR). The contractor shall maintain CRR records for the maintenance performed by the contractor on a serial number tracked component. The original copy of the CRR shall remain with the component until returned to the Coast Guard. The contractor shall retain copies of the CRRs for ninety (90) calendar days after the item is shipped back to the Coast Guard.

5.5 Special Tools. The contractor shall include special tools required for field maintenance or testing with each delivered component. The ratio of special tool sets to components shall be commensurate with their frequency of use. These tools will be owned and maintained by the USCG.

5.6 Technical Publication. The contractor shall provide technical publications, publication updates, amendments and related information, and training data for the referenced components in electronic format per sections 3.4.3 and 5.7.1. The contractor shall provide an updated copy of all OEM approved required publications including but not limited to the following:

• Operator manual

• Maintenance manual

• Troubleshooting guide

*Portions of some manuals may be combined into a single publication.

5.7.1 Electronic Format. The contractor shall provide electronic copies of the technical data delivered in accordance with this SOW. The electronic copy will include the current publication's xml file, graphics files, folder structure, DTD and FOSIs. When feasible, documents and graphics shall be formatted to facilitate translation into USCG standard publications using the ALC compatible software as described below.

5.7.2 Documents. Documents that are primarily text shall be delivered as follows:

• XML file linked to applicable graphics in Autotrol Technical Illustrator-derived .cgm files that shall be capable of being accurately viewed, printed, and modified using Arbortext Editor version 5.3M090 [if the document will be delivered after March 2012, use version 6.0M020], and

• Adobe .pdf files that are electronically searchable.

• Graphics associated with these documents shall also be delivered separately per the following paragraphs.

• The USCG will accept the COTS Tech Manuals (e.g. in Microsoft Word format).

5.7.3 Graphics. Graphics (drawing, wiring diagram, or illustration) shall be delivered as follow: Drawings or wiring diagrams shall be capable of being accurately viewed, printed, and modified in:

• CoCreate Drafting 2008, or

• earlier compatible version of One Space Designer in .mi file format; or

• the latest version of Autotrol Technical Illustrator in .dg format.

5.7.4 Illustrations. Illustrations other than drawings or wiring diagrams shall be capable of being accurately viewed, printed, and modified using the latest version of Autotrol Technical Illustrator in .dg format.

6.0 Special Instructions.

6.1 Aircraft on Ground (AOG) Situations. Upon notification from the USCG that an AOG situation exists (meaning that a fleet aircraft is unable to perform its mission due to the contractor’s installed equipment), the contractor shall expedite the repair/modification and initiate shipment within seven (7) calendar days or less. Material shipping methods will be determined based on severity of situation, using the most cost effective method. The shipping container shall be marked on the outside in highly visible lettering "A.O.G." At the time the contractor is notified of an AOG requirement, the contractor shall advise the Contracting

Officer if there are additional shipping charges. The Contracting Officer will provide special shipping instructions and authorization for reimbursement in these instances.

6.2 Disposition of Referenced Components involved in Aircraft Accidents or Incidents:

The contractor shall participate in mishap investigations as required by the direction of the National Transportation Safety Board whose rules and regulations delegate to the USCG such authority as is appropriate. Contractor participation in these proceedings will be determined by the president of each accident or incident board and directed by the Contracting Officer.

6.3 Service Bulletins. The contractor shall modify components as necessary as specified in the latest version of current OEM service bulletins. The contractor shall comply with mandatory and recommended service bulletins.

6.3.1Optional Service Bulletins The contractor will be notified via contract modification of the USCG’s desire to incorporate optional service bulletins. If additional funds will be required to incorporate optional service bulletins, the contractor shall advise the COR. The COR will forward his/her recommendation to the Contracting Officer. For service bulletins that require additional funds, the contractor shall submit a detailed proposal within 30 working days following receipt of notice from the Contracting Officer. This proposal shall include a list of required parts and associated prices based on contractor's current commercial catalog minus the best commercial discount or best commercial price (whichever results in the lower price to the Government). This proposal shall also address the turnaround time needed to effect the modification.

HSCG23-16-R-AHH008 | Attachment B Contract Clauses

CONTRACT CLAUSES

This solicitation incorporates provisions and clauses from Federal Acquisition Regulation (FAR) and Homeland Security Regulation (HSAR) are those in effect through Federal Acquisition Circular 2005-84. This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text may be accessed at this address:

http://www.arnet.gov/far/

NUMBER

FEDERAL ACQUISITION REGULATION CLAUSES

TITLE

DATE

52.204-7 52.209-7 52.212-1 52.212-3

52.212-4 52.212-5

52.232-28 52.232-40

SYSTEM FOR AWARD MANAGEMENT

INFORMATION REGARDING RESPONSIBILITY MATTERS

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

OFFEROR REPRESENTATIONS AND CERTIFICATIONS –

COMMERCIAL ITEMS

CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS –

COMMERCIAL ITEMS

INVITATION TO PROPOSE PERFORMANCE BASED PAYMENTS

PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

JUL 2013

JUL 2013

APR 2014

MAR 2015

MAY 2015

MAY 2015

MAR 2000

DEC 2013

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (FEB 2016)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] __X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

__X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

http://www.arnet.gov/far/

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111- 117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C.

6101 note).

__X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] __X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C.

644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

__X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

637(d)(2) and (3)).

__X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

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

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__X_ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

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

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.

637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__X_ (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

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

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

__X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

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

__X_ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

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

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

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

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

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

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.

13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

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

- Negotiation.

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

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

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

(e)

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

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

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Non displacement of Qualified Workers (May 2014) (E.O.

13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

(viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xi) __X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O.

13627).

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

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

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

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

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

(End of Clause)

52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA

OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010)

(a) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include --

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the offeror’s determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, and data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of Provision)

FAR 52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE

ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.

(End of clause)

FAR 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (DEVIATION) (AUG 2012)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the…