Laser_Eye_Protection_-_DRAFT_SPS_Contract_A-K_L M_FINAL_2(FBO).docx

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Laser Eye Protection Threat Spectacles
Solicitation number
N00019-15-P1-PMA202-0006
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DRAFT SPS Sections A-K L M

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N00019-16-C-0017

Section A - Solicitation/Contract Form

This is a Cost Plus Fixed Fee (CPFF) and Firm-Fixed-Price (FFP) contract in accordance with FAR Part 16.

Criticality Designator Code B applies.

POINT OF CONTACT

CONTRACT SPECIALIST

Tyesha Parker

NAVAIR

21491 Great Mills Road Suite 202 Lexington Park, MD 20653-1394 Phone: 301-866-4435 Email: tyesha.parker@navy.mil

Section B - Supplies or Services and Prices

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

$0.00

LEP Spectacle Non-Recurring Engineering

CPFF

(NRE)

FOB: Destination

ESTIMATED COST
$0.00
FIXED FEE
$0.00
TOTAL EST COST + FEE
$0.00
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

$0.00

LEP Spectacle Test Units (with Case)

FFP

NET AMT
$0.00
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0002AA

8
Each

$0.00

Test Units for Prototype Eval TIM1

(w/Case)

NET AMT
$0.00
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0002AB

48
Each

$0.00

Qualification Test Units (w/case)

NET AMT
$0.00
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
8
Each

$0.00

OPTION
Test Units For Prototype Eval TIM2

FFP

(w/case)

NET AMT
$0.00
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

$0.00

Rx Test Units

NET AMT
$0.00
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0004AA

9
Each

$0.00

Rx Test Units for Prototype Eval TIM1

NET AMT
$0.00
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0004AB

9
Each

$0.00

Rx Qualification Test Units

NET AMT
$0.00
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
9
Each

$0.00

OPTION
Rx Test Units For Prototype Eval TIM2
NET AMT
$0.00
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

NSP

Contract Data Requirement List (CDRL)

CLINs 0001-0005

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
350
Each

$0.00

OPTION
LEP Spectacle First Article Test Units

FFP

(w/cases) FOB: Origin (Shipping Point)

NET AMT
$0.00
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
5
Each

$0.00

OPTION
Rx First Article Test Units
NET AMT
$0.00
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Each

$0.00

OPTION
LEP Spec - Prod Units(w/cases)

FFP

See "B-1 Pricing Range" table

NET AMT
$0.00
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
175
Each

$0.00

OPTION
Rx Production Units
NET AMT
$0.00
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

$0.00

OPTION
LEP Test Support

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0105AA

1
Lot

$0.00

First Article Test

NET AMT
$0.00
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0105AB

1
Lot

$0.00

Lot Acceptance Testing

NET AMT
$0.00
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

NSP

OPTION
Contract Data Requirements List (CRDL)

FFP

CLINs 0101-0105

NET AMT
$0.00
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Each

$0.00

OPTION
LEP Spec - Prod Units (w/case)

FFP

See "B-1 Pricing Range" table

NET AMT
$0.00
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
175
Each

$0.00

OPTION
Rx Production Units
NET AMT
$0.00
ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

$0.00

OPTION
Lot Acceptance Testing

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

NSP

Contract Data Requirements List (CDRL)

CLINs 0201-0203

NET AMT

CLAUSES INCORPORATED BY FULL TEXT

5252.204-9501NATIONAL STOCK NUMBERS (NAVAIR)(MAR 2007)
(a) This clause applies to supplies that are stock numbered under Federal Catalog System procedures.
(b) Unless otherwise authorized by the Contracting Officer, in writing, the Contractor shall not deliver any supplies until the supplies have been marked with a National Stock Number. All available National Stock Numbers will be furnished by the Government. If National Stock Numbers are not furnished by the Government in time to meet the delivery schedule for the supplies, the Contractor may present the supplies that are scheduled for delivery to the Contracting Officer for acceptance. The Contracting Officer may accept such supplies without National Stock Numbers and the Government will pay the Contractor, provided that title to the supplies is vested in the Government.
(c) The term "Federal Stock Number" (FSN), which may be referred to in the specifications of this contract or elsewhere in this contract, shall mean "National Stock Number" (NSN), and the term "Federal Item Identification Number", wherever it appears, shall mean "National Item Identification Number".

(As used in the foregoing clause, the term "Contracting Officer" shall mean the "Administrative Contracting Officer" (ACO) with respect to provisioned items and other supplies ordered by the ACO.)

B-1 PRICING RANGE

B-1 PRICING RANGES: The contractor shall provide pricing ranges for the Contract Line Item Number(s) (CLINs) stated in the tables below:

Table 1: Laser Eye Protection – Production Units

Unit Price

Quantity
Item 0103
Item 0201

1 – 250

251 – 500

501 – 750

751 – 1,000

1,001 – 1,250

1,251 – 1,500

1,501 – 1,750

1,751 – 2,000

2,001 – 3,500

Section C - Descriptions and Specifications

ITEM CLIN 0001

The Contractor shall perform the non-recurring engineering work in accordance with the Laser Eye Protection Statement of Work; Attachment (1) dated 11 August 2016.

ITEM CLINS 0002 AND 0003

The Contractor shall provide the LEP spectacle test units (with case) in accordance with the LEP Statement of Work; Attachment (1) dated 11 August 2016.

ITEM CLINS 0004 AND 0005

The Contractor shall provide the Rx prescription test units in accordance with the LEP Statement of Work; Attachment (1) dated 11 August 2016.

ITEM CLINS 0006, 0105, 0203

The Contractor shall submit deliverbables in accordance with the Contract Data Requirements List (CDRL) DD Form 1423, Exhibit A of this contract. The costs associated with this CLIN shall be “Not Separately Priced” (NSP).

ITEM CLINS 0103 AND 0201

The Contractor shall provide the LEP spectacle priority 1 production units (including carrying cases) in accordance with the LEP Statement of Work; Attachment (1) dated 11 August 2016.

ITEM CLINS 0104 AND 0202

The Contractor shall provide the LEP Rx prescription production units (including carrying cases) to be furnished in accordance with the LEP Statement of Work; Attachment (1) dated 11 August 2016.

ITEM CLIN 0101

The Contractor shall provide the LEP Spectacle First Article Test Units (w/case) in accordance with the LEP Statement of Work; Attachment (1) dated 11 August 2016.

ITEM CLIN 0102

The Contractor shall provide the Rx First Article Test Units in accordance with the LEP Statement of Work; Attachment (1) dated 11 August 2016.

ITEM CLIN 0106

The Contractor shall perform the LEP Test Support in accordance with the LEP Statement of Work; Attachment 1, dated 11 August 2016.

Section D - Packaging and Marking

5252.223-9502HAZARDOUS MATERIAL (NAVAIR) (APR 2009)
(a) Packaging, Packing, Marking, Labeling and Certification of Hazardous materials for shipment by any mode or combination of transportation modes shall be prepared (properly classed, described, packaged, marked, labeled, transport vehicle placarded, etc.) for shipment in accordance with MIL-STD-129 and Title 49 Code of Federal Regulations (CFR), Part 100-199 as applicable. In the event of any contradictions between the documents, 49 CFR shall govern or the applicable modal transport regulation.
(b) In the event of a conflict between specific requirements in the contract or order and existing applicable modal transport regulations, the regulations shall take precedence. Under no circumstances shall the contractor knowingly use materials, markings or procedures that are not in accordance with laws and regulations applicable to the mode of transportation employed.
(c) To ascertain which Department of Defense, or local installation regulations, concerning hazardous materials may have impact on this contract, the contractor should contact: Environmental Director [site specific address and phone number].
5252.247-9503MARKING OF WARRANTED ITEMS (NAVAIR) (OCT 2005)
(a) Each item covered by a warranty shall be stamped or marked in accordance with MIL-STD-129, Marking for Shipment and Storage, and MIL-STD-130, Identification Marking of U.S. Military Property, current at the date of award. Where this is impracticable, written notice shall be attached to or furnished with the warranted item.
(b) Each item covered by a warranty shall have a written notice attached to or furnished with the warranted item, and marked with the following:
(1) National stock number or manufacturer's part number.
(2) Serial number or other item identifier (if the warranty applies to uniquely identified items).
(3) Contract number.
(4) Indication that a warranty applies.
(5) Manufacturer or entity (if other than the contractor) providing the warranty.
(6) Date or time when the warranty expires.
(7) Indication of whether or not attempted on-site repair by Government personnel will void the warranty.
5252.247-9508PROHIBITED PACKING MATERIALS (NAVAIR)(JUN 1998)
The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.
5252.247-9517PACKAGING REQUIREMENTS FOR SHIPMENTS CONTAINING NON-MANUFACTURED WOOD PACKING MATERIALS (NAVAIR) (FEB 2002)
All non-manufactured, wooden pallets, reels, or containers shipped or used for shipment under this contract shall be heat treated and marked in accordance with the American Lumber Standards Committee, Incorporated Non-Manufactured Wood Packing Policy and Non-Manufactured Wood Packing Enforcement Regulations, both dated 30 May 2001.

SHIP TO CODE

The “SHIP TO” code for all applicable CLINs is: TBD.

CLAUSES INCORPORATED BY REFERENCE 52.252-2 Clauses Incorporated By Reference FEB 1998

Section E - Inspection and Acceptance

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 DestinationGovernmentDestination Government
0002 N/A N/A N/AGovernment
0002AA DestinationGovernmentDestinationGovernment
0002AB DestinationGovernmentDestinationGovernment
0003 Destination GovernmentDestinationGovernment
0004 N/A N/AN/A Government
0004AA DestinationGovernmentDestinationGovernment
0004AB DestinationGovernment DestinationGovernment
0005 Destination Government DestinationGovernment
0006 Destination Government DestinationGovernment
0101 Origin Government OriginGovernment
0102 Origin Government OriginGovernment
0103 Origin Government OriginGovernment
0104 Origin Government OriginGovernment
0105 Destination Government DestinationGovernment
0106 N/A N/A N/AGovernment
0106AA Origin Government OriginGovernment
0106AB Origin Government OriginGovernment
0201 Origin Government OriginGovernment
0202 Destination Government DestinationGovernment
0203 Destination Government DestinationGovernment

Item 0101, 0102, 0105AA – Inspection and acceptance of the First Article shall be made in accordance with FAR clause 52.209-3 entitled: FIRST ARTICLE APPROVAL-CONTRACTOR TESTING.” Inspection and Acceptance of the First Article Test (FAT) shall be evidenced by Government approval the FAT Test Report, Exhibit A (Contract Data Requirements List (CDRL), DD Form 1423, Data Item Number A018).

Items 0101-0104, 0105-0202 – Inspection and acceptance of the supplies and services to be furnished hereunder will be performed at the Contractor’s plant (Address), by the cognizant Contract Administration Office (CAO), via a DD250 or as designated by the Administrative Contracting Office (ACO). A completed DD Form 250 shall be presented to the ACO for Acceptance.

Items 0006, 0106, 0203 – The technical, administrative, and financial data to be provided shall be in accordance with Exhibit A CDRL, DD Form 1423.

The cognizant CAO is authorized to accept any given lot hereunder premised on the test samples for the lot having satisfactorily passed the criteria of the approved Lot Acceptance Test Plan (Exhibit A, Contract Data Requirements List (CDRL), DD Form 1423, Data Item Number A015) and any other requirements specified herein.

CLAUSES INCORPORATED BY REFERENCE

52.246-2
Inspection Of Supplies--Fixed Price
AUG 1996
52.246-3
Inspection Of Supplies Cost-Reimbursement
MAY 2001
52.246-4
Inspection Of Services--Fixed Price
AUG 1996
52.246-5
Inspection Of Services Cost-Reimbursement
APR 1984
52.246-16
Responsibility For Supplies
APR 1984
52.246-11HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)
(a) The Contractor shall comply with the higher-level quality standard selected below.
[The Contracting Officer insert the title, number, date, and tailoring (if any) of the higher-level quality standards.]
TitleNumberDateTailoring
See Statement of Work (SOW) Table 3: Non-Government Documents
____________________________
____________________________
____________________________
(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in--
(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or
(2) When the technical requirements of a subcontract require-- (i) Control of such things as design, work operations, in-process control, testing, and inspection; or (ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.
252.246-7000MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)
(a) At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense FAR Supplement.
(b) Contractor submission of the material inspection and receiving information required by Appendix F of the Defense FAR Supplement by using the Wide Area WorkFlow (WAWF) electronic form (see paragraph (b) of the clause at 252.232-7003) fulfills the requirement for a material inspection and receiving report (DD Form 250). Two copies of the receiving report (paper copies of either the DD Form 250 or the WAWF report) shall be distributed with the shipment, in accordance with Appendix F, Part 4, F-401, Table 1, of the Defense FAR Supplement.Appendix F--Material Inspection and Receiving Report
5252.246-9516SPECIAL DISTRIBUTION OF DD FORM 250 (NAVAIR) (OCT 2005)
Copies of the Material Inspection and Receiving Reports (DD Form 250) required to be delivered by the contractor shall also be delivered to the following:
ActivityAddress

[include activity and address]

Section F - Deliveries or Performance

Deliveries and Performance

Item 0001 – Performance shall commence upon Contract Award and end upon completion and closure of Physical Configuration Audit (PCA).

Items 0002, 0002AA, and 0002AB, 0003 – Deliveries of the Laser Eye Protection (LEP) Test Units to be furnished hereunder shall be delivered F.O.B. Destination.

Item 0002AA - Deliveries shall be complete within 9 months after Contract Award.

Item 0002AB - Deliveries shall be complete within 24 months after Contract Award.

Option Item 0003 - Deliveries shall commence within XX months of Government approval of Prototype Test results.

Items 0004, 0004AA, 0004AB, and 0005 – Deliveries of the Laser Eye Protection (LEP) Prescription Test Units to be furnished hereunder shall be delivered F.O.B. Destination.

Item 0004AA - Deliveries shall be complete within 9 months after Contract Award.

Item 0004AB - Deliveries shall be complete within 24 months after Contract Award.

Option Item 0005 - Deliveries shall be complete within XX months after Government approval of Prototype Test Reports.

Option Items 0006, 0106, and 0203 – Deliveries of the LEP Contract Data Requirements List, DD Form 1423 data shall be furnished in accordance with Exhibit A.

Option Items 0101, 0102 – Deliveries of the LEP First Article Test Units shall be complete XX months after option exercise.

Option Items 0103, 0104, 0201, and 0202 – Deliveries of the LEP Production Units to be furnished hereunder shall be delivered F.O.B Origin. Deliveries shall commence 1 month after option is exercised.

Item 0105, 0105AA, and 0105AB – Performance of LEP Test Support and Lot Acceptance Test Support shall be completed IAW the LEP Statement of Work, Attachment 1, dated 11 August 2016.

F-1 Deliveries The Contractor may request accelerated deliveries. Early deliveries are not permitted unless authorized by the Procuring Contracting Officer (PCO). To the extent the PCO authorizes early delivery, the Contractor shall ship early deliveries in place.

Prototypes and Test units shall be shipped to the following address:

Commander, Naval Air Warfare Center, Aircraft Division Vision Laboratory, Code 4.6.7, Bldg, 2187, Room 1A50, Unit 5 48110 Shaw Drive Patuxent River, MD 20670-1906

Production Units shall be shipped to the following address:

TBD

52.209-3
First Article Approval--Contractor Testing
SEP 1989
52.242-15
Stop-Work Order
AUG 1989
52.242-17
Government Delay Of Work
APR 1984
52.247-29
F.O.B. Origin
FEB 2006
52.247-30
F.O.B. Origin, Contractor's Facility
FEB 2006
52.247-34
F.O.B. Destination
NOV 1991
52.247-55
F.O.B. Point For Delivery Of Government-Furnished Property
JUN 2003
52.247-58
Loading, Blocking, And Bracing Of Freight Car Shipment
APR 1984
52.247-59
F.O.B Origin--Carload and Truckload Shipments
APR 1984
52.247-65
F.O.B. Origin, Prepaid Freight--Small Package Shipments
JAN 1991

Section G - Contract Administration Data

52.204-8
Annual Representations and Certifications
APR 2016
52.204-12
Data Universal Numbering System Number Maintenance
DEC 2012
252.204-7006
Billing Instructions
OCT 2005
252.232-7006WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions, as used in this clause--
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor 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 WAWFData 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 email 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. For Navy WAWF questions call DFAS Customer Care 1-800-756-4571 option 6
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
5252.201-9500TECHNICAL POINT OF CONTACT (TPOC)(NAVAIR)(SEP 2012)
(a) The Technical Point of Contact (TPOC) for this contract is:[insert name, code, mailing address, and telephone number]
(b) This individual is not a Contracting Officer nor a Contracting Officer's Representative (COR)/Task Order COR (TOCOR) and has no authority to make changes, verbally or otherwise, to the existing contract or order. Further, no authority has been delegated to this individual by the Procuring Contracting Officer (PCO).
(c) The contractor may use this technical POC for technical questions related to the existing contract or order. Also, as a representative of the requiring activity, the TPOC may perform or assist in such areas as: base access forms, security related issues, IT access requirements, Contractor Performance Assessment Reporting System (CPARS), clarification of technical requirements, and statement of work inquires.
(d) The contractor shall immediately notify the Procuring Contracting Officer in writing if the contractor interprets any action by the TPOC to be a change to the existing contract.
5252.204-9503EXPEDITING CONTRACT CLOSEOUT (NAVAIR) (JAN 2007)
(a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $1,000 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party might be considered to the extent permitted by law.
(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.
5252.227-9501INVENTION DISCLOSURES AND REPORTS (NAVAIR) (MAY 1998)
(a) In accordance with the requirements of the Patent Rights clause of this contract, the contractor shall submit "Report of Inventions and Subcontracts" (DD Form 882) along with written disclosure of inventions to the designated Contract Administrator.
(b) The Contract Administrator will forward such reports and disclosures directly to the appropriate Patent Counsel, designated below, for review and recommendations, after which the reports will be returned to the Contract Administrator.

Name and address of Patent Counsel:

Office of Counsel, Code K00000D
Naval Air Warfare Center Weapons Division
1 Administration Circle, Stop 1009
China Lake, California 93555-6100
(c) The above designated Patent Counsel will represent the Procurement Contracting Officer with regard to invention reporting matters arising under this contract.
(d) A copy of each report and disclosure shall be forwarded to the Procuring Contracting Officer.
(e) The contractor shall furnish the Contracting Officer a final report within three (3) months after completion of the contracted work listing all subject inventions or certifying that there were no such inventions, and listing all subcontracts at any tier containing a patent rights clause or certifying that there were no such subcontracts.
5252.232-9511NOTICE OF REQUIREMENTS FOR PROMPT PAYMENT (NAVAIR)(OCT 2015)
The Government anticipates that this contract will be distributed to Defense Finance and Accounting Service (DFAS) by the DOD Electronic Document Access (EDA) system. DFAS is responsible for payment of contractor invoices.
(a) In accordance with FAR Clause 52.232-33 "Payment By Electronic Funds Transfer--System for Award Management", the contractor is responsible for providing updated information to the System for Award Management (SAM) database. Additionally, the contractor is responsible for maintaining its active status in the SAM database.
(b) If the DUNS, CAGE code, TIN or address set forth in the contract do not match the information in the SAM database, then DFAS will return invoices without payment. Therefore, it is imperative that the contractor ensure the DUNS, CAGE code, TIN and contractor address on the contract are accurate and in compliance with the SAM database. Additionally, any changes/updates made to the SAM database should be communicated to the Contracting Officer for the purpose of modifying the contract to reflect the new data.
5252.242-9511CONTRACT ADMINISTRATION DATA (NAVAIR)(SEP 2012)
(a) Contract Administration Office.
(1) Contract administration functions (see FAR 42.302(a) and DFARS 242.302(a)) are assigned to: See the ADMINISTERED BY Block on the face page of the contract, modification, or order.
(b) Special Instructions (see FAR 42.202(b) and (c)):
(1) The following contract administration functions are retained (see FAR 42.302(a) and DFARS 242.302(a)):
Functions Retained
Retained for Performance By:
[Insert function from FAR 42.302(a) or DFARS 242.302(a)]
[Insert PCO, COR, Requiring Activity, or TPOC for each function.]

[Repeat as necessary.

(2) The following additional contract administration functions are assigned (see FAR 42.302(b)):

Additional Functions
Retained for Performance By:
[Insert function from FAR 42.302(b) or other function identified as necessary for administration of the contract.]
[Insert "See the ADMINISTERED BY Block on the face page of the contract, modification or order," PCO, COR, Requiring Activity, or TPOC for each function.]

[Repeat as necessary.

(c) Inquiries regarding payment should be referred to: MyInvoice at https://myinvoice.csd.disa.mil//index.html.

Section H - Special Contract Requirements

5252.210-9501AVAILABILITY OF UNIQUE DATA ITEM DESCRIPTIONS (UDIDs) AND DATA ITEM DESCRIPTIONS (DIDs) (NAVAIR) (AUG 2013)
Access Procedures for Acquisition Management System and Data Requirements Control List (AMSDL), DoD 5010.12-L, and DIDs listed therein. The AMSDL and all DIDs and UDIDs listed therein are available online via the Acquisition Streamlining and Standardization Information System located at https://assist.dla.mil/online/start/. To access these documents, select the Quick Search link on the site home page.
5252.211- 9510CONTRACTOR EMPLOYEES (NAVAIR)(MAY 2011)
(a) In all situations where contractor personnel status is not obvious, all contractor personnel are required to identify themselves to avoid creating an impression to the public, agency officials, or Congress that such contractor personnel are Government officials. This can occur during meeting attendance, through written (letter or email) correspondence or verbal discussions (in person or telephonic), when making presentations, or in other situations where their contractor status is not obvious to third parties. This list is not exhaustive. Therefore, the contractor employee(s) shall:
(1) Not by word or deed give the impression or appearance of being a Government employee;
(2) Wear appropriate badges visible above the waist that identify them as contractor employees when in Government spaces, at a Government-sponsored event, or an event outside normal work spaces in support of the contract/order;
(3) Clearly identify themselves as contractor employees in telephone conversations and in all formal and informal written and electronic correspondence. Identification shall include the name of the company for whom they work;
(4) Identify themselves by name, their company name, if they are a subcontractor the name of the prime contractor their company is supporting, as well as the Government office they are supporting when participating in meetings, conferences, and other interactions in which all parties are not in daily contact with the individual contractor employee; and
(5) Be able to provide, when asked, the full number of the contract/order under which they are performing, and the name of the Contracting Officer’s Representative.
(b) If wearing a badge is a risk to safety and/or security, then an alternative means of identification maybe utilized if endorsed by the Contracting Officer’s Representative and approved by the Contracting Officer.
(c) The Contracting Officer will make final determination of compliance with regulations with regard to proper identification of contractor employees.
5252.215-9505EXCLUSIVE TEAMING ARRANGEMENTS WHICH INHIBIT COMPETITION (NAVAIR)(OCT 2005)
Offerors who propose teaming arrangements on an exclusive basis will be evaluated to determine whether such teaming agreements inhibit competition. In order for the Government to evaluate whether the proposed agreements inhibit competition, offerors are required to (1) provide a copy of all teaming arrangements, and (2) explain why the teaming arrangements do not inhibit competition. The documentation must include, but is not limited to: structure of the teaming arrangement, responsibilities, and liabilities; financial responsibility; managerial responsibility and accountability; and applicable legal documents. The burden of proving that any exclusive teaming arrangement proposed does not restrict competition shall rest with the offeror. Offerors are advised that should the Government determine that any such proposed, exclusive teaming arrangement inhibits competition, (1) that determination may render the offeror's proposal ineligible for award, and (2) the Contracting Officer shall forward the matter to the appropriate authorities as prescribed by Federal Acquisition Regulation Part 3.3.
5252.223-9501MATERIAL SAFETY DATA SHEET (MSDS)(NAVAIR) (APR 2009)
(a) The contractor shall forward an electronic copy of the Material Safety Data Sheet (MSDS) required under FAR Clause 52.223-3, "Hazardous Material Identification and Material Safety Data", to Mar-navyhmirs@med.navy.mil and the Naval Inventory Control Point (NICP) at wraps.prime.fct@navy.mil.
(b) One copy of the MSDS shall be enclosed with the shipping documents. If the shipment is received without an attached copy of the MSDS, the Government has the right to refuse receipt.
5252.225-9506VERIFICATION OF "SHIP TO" AND/OR "NOTICE OF AVAILABILITY" ADDRESS (NAVAIR) (JAN 1992)
The contractor shall submit a request in duplicate to the Transportation Office of the cognizant Contract Administration Office for verification of the "Ship to" address. If the offer/release instructions require a "Notice of Availability" the contractor shall also request verification of the address to which notification will be made (the 'IAC 3' address). Such requests shall be submitted at least ten (10) days in advance of (i) date Notice of Availability is to be submitted, or (ii) actual shipping date, if shipment is to be released automatically.
5252.227-9511DISCLOSURE, USE AND PROTECTION OF PROPRIETARY INFORMATION (NAVAIR)(FEB 2009)
(a) During the performance of this contract, the Government may use an independent services contractor (ISC), who is neither an agent nor employee of the Government. The ISC may be used to conduct reviews, evaluations, or independent verification and validations of technical documents submitted to the Government during performance.
(b) The use of an ISC is solely for the convenience of the Government. The ISC has no obligation to the prime contractor. The prime contractor is required to provide full cooperation, working facilities and access to the ISC for the purposes stated in paragraph (a) above.
(c) Since the ISC is neither an employee nor an agent of the Government, any findings, recommendations, analyses, or conclusions of such a contractor are not those of the Government.
(d) The prime contractor acknowledges that the Government has the right to use ISCs as stated in paragraph (a) above. It is possible that under such an arrangement the ISC may require access to or the use of information (other than restricted cost or pricing data), which is proprietary to the prime contractor.
(e) To protect any such proprietary information from disclosure or use, and to establish the respective rights and duties of both the ISC and prime contractor, the prime contractor agrees to enter into a direct agreement with any ISC as the Government requires. A properly executed copy (per FAR 9.505-4) of the agreement will be provided to the Procuring Contracting Officer.

5252.227-9512 TRADEMARK MANUFACTURE/USE LICENSE AGREEMENT (NAVAIR) (MAR 2007)

The Naval Air Systems Command (NAVAIR) is the owner of all right, title, and interest within the United States of America in and to the trademark set forth below.

(b) NAVAIR hereby grants a nonexclusive and nontransferable license to make, manufacture or produce the trademark in connection with all activities relating to the manufacture, production, distribution and packaging of the products and services identified under this contract. The contractor shall insure the designation "TM" in superscript format is placed adjacent to the trademark in connection with each use or display thereof.
(c) The contractor shall adhere to the technical specifications of the trademark as shown in the NAVAIR style guide which can be found at: https://mynavair.navair.navy.mil/.
(d) The contractor shall not use the trademark in any inappropriate or offensive manner or in any manner that could disparage the United States military services. Additionally, the trademark may not be placed in an area that would be construed as offensive.
(e) Items to be delivered under this contract that bear the trademark shall be of the quality specified in the contract. The quality of any other item bearing the trademark shall adhere to the standards of quality for such items.
(f) Exercise of any of the rights granted under this clause shall not entitle the contractor to: a) any modification(s) to the terms and conditions, including price, of this contract; b) any claim(s) against the government; and/or c) any request(s) for equitable adjustment. If the contractor believes it is entitled to any such or similar relief, the contractor shall, prior to exercise of any of the rights granted under this clause, provide written notification to the contracting officer detailing the relief requested and identifying the basis for such relief with supporting rationale. The contractor shall not thereafter exercise any of the rights granted under this clause until the contracting officer provides a response to the contractor's written notification.
5252.243-9504AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER (NAVAIR) (JAN 1992)
(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor's facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract.
(b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.
(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer's. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is: [insert Contracting Officer's name, address, phone number and e-mail address]
5252.245-9500GOVERNMENT PROPERTY FOR THE PERFORMANCE OF THIS CONTRACT (NAVAIR)(MAY 2014)
(a) Authorization is granted to use the Government property identified below without rental charge in the performance of this contract and subcontracts of any tier issued hereunder (see FAR 45.201(a) for further information regarding identification requirements):
(1) Government property currently accountable and managed under the following contracts:

Contract Number

Nomenclature/ Description
Part/ Model/ Number
Mfg
Serial Number (Unique Item Identifier)
Quantity/

Unit of Issue

As Is: Yes/No
Unit Acq

Cost

NONE

(2) Government furnished property to be provided under this contract:

Nomenclature/ Description
Part/ Model Number and National Stock Number
Mfg
Serial Number (Unique Item Identifier)
Quantity/

Unit of Issue

As Is: Yes/No
Unit Acq

See Attachment 8

(3) Government furnished material, as defined in FAR 45.101, to be provided under this contract:

Nomenclature/ Description
Part Number
Mfg
Unit of Issue
Quantity
As Is: Yes/No
Unit Acq Cost

NONE

(4) If authority has been granted in accordance with FAR 51.102, Contractor access to Government supply sources is authorized for the following items. Paragraph (b) does not apply to purchases under the NMCI/CoSC contract.

Schedule/Source
Nomenclature/ Description
Part Number
Mfg
Unit of Issue
Quantity Authorized
Unit Acq

NONE

(b) The contractor shall prepare requisition documentation for the items listed in paragraph (a)(4) above in accordance with the "Military Standard Requisitioning and Issue Procedures (MILSTRIP) for Defense Contractors", DoD 4000.25-1- M, Chapter 11, which is available at http://www2.dla.mil/j-6/dlmso/elibrary/manuals/dlm/dlm_pubs.asp. The contractor shall submit all requisitions for material from the supply system to the Material Control Activity specified in Section G of this contract.
(c) Government property provided above (except for special tooling and special test equipment as defined in FAR 2.101) shall not be installed or constructed or otherwise affixed to property not owned by the Government in such a fashion as to be nonseverable unless written authorization has been obtained from the Contracting Officer.
(d) The contractor is responsible for scheduling the use of all property covered by this clause and the Government shall not be responsible for conflicts, delays, or disruptions to any work performed by the contractor due to use of any or all such property, either under this contract or any other contracts under which use of such property is authorized.
5252.246-9503SIGNIFICANCE OF SYSTEMS ENGINEERING TECHNICAL REVIEWS REQUIRED UNDER THIS CONTRACT (NAVAIR) (JUL 2009)
(a) The effort to be performed under this contract includes a series of systems engineering technical reviews to review the design/development of the system and assess the progress towards meeting the technical and/or performance requirements set forth in this contract. The reviews will provide an independent assessment of the emerging design/development of the system against the contractual requirements and user’s capabilities requirements.
(b) Government express or implied approval of any particular technical approach or deliverable does not alter the Contractor's responsibility to meet the requirements of the contract. The contractor maintains design responsibility for the system at all times.
5252.246-9526PROVISIONAL ACCEPTANCE UNDER SPECIAL CONDITIONS (NAVAIR)(OCT 2005)
(a) Acceptance under Special Conditions. The Government may, at the discretion of the Contracting Officer, finally or provisionally accept any supply prior to completion of work on such supply in the following situations:
(1) When the contractor, despite the exercise of due diligence, encounters unavoidable delay in securing contractor-furnished property;
(2) When Government-furnished property suitable for installation in any supply to be furnished hereunder is not delivered to the contractor in sufficient time to permit installation by the contractor prior to the date the supply is scheduled for delivery; or,
(3) When defects or deficiencies are known to exist in the supply, but when correction of the defects or deficiencies is not practicable within the delivery schedule set forth in the contract.
(b) Pending completion of any supply provisionally accepted under this provision, the Contracting Officer shall withhold an amount as he determines to be appropriate from the contract price that represents the estimated value of the work remaining to be performed. The withhold will be released after final acceptance.

Section I - Contract Clauses

52.202-1
Definitions
NOV 2013
52.203-3
Gratuities
APR 1984
52.203-5
Covenant Against Contingent Fees
MAY 2014
52.203-6
Restrictions On Subcontractor Sales To The Government
SEP 2006
52.203-7
Anti-Kickback Procedures
MAY 2014
52.203-8
Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity
MAY 2014
52.203-10
Price Or Fee Adjustment For Illegal Or Improper Activity
MAY 2014
52.203-12
Limitation On Payments To Influence Certain Federal Transactions
OCT 2010
52.203-13
Contractor Code of Business Ethics and Conduct
OCT 2015
52.203-17
Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
APR 2014
52.204-2
Security Requirements
AUG 1996
52.204-4
Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-13
System for Award Management Maintenance
JUL 2013
52.209-4
First Article Approval--Government Testing
SEP 1989
52.209-4 Alt I
First Article Approval-Government Testing (Sep 1989) Alternate I
JAN 1997
52.209-4 Alt II
First Article Approval-Government Testing (Sep 1989) Alternate II
SEP 1989
52.209-6
Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9
Updates of Publicly Available Information Regarding Responsibility Matters
JUL 2013
52.209-10
Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.210-1
Market Research
APR 2011
52.211-5
Material Requirements
AUG 2000
52.211-15
Defense Priority And Allocation Requirements
APR 2008
52.215-1
Instructions to Offerors--Competitive Acquisition
JAN 2004
52.215-2
Audit and Records--Negotiation
OCT 2010
52.215-8
Order of Precedence--Uniform Contract Format
OCT 1997
52.215-11
Price Reduction for Defective Certified Cost or Pricing Data--Modifications
AUG 2011
52.215-13
Subcontractor Certified Cost or Pricing Data--Modifications
OCT 2010
52.215-14
Integrity of Unit Prices
OCT 2010
52.215-15
Pension Adjustments and Asset Reversions
OCT 2010
52.215-18
Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions
JUL 2005
52.215-19
Notification of Ownership Changes
OCT 1997
52.215-21
Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications
OCT 2010
52.216-7
Allowable Cost And Payment
JUN 2013
52.219-8
Utilization of Small Business Concerns
OCT 2014
52.219-9
Small Business Subcontracting Plan
OCT 2015
52.219-16
Liquidated Damages-Subcontracting Plan
JAN 1999
52.219-28
Post-Award Small Business Program Rerepresentation
JUL 2013
52.222-19
Child Labor -- Cooperation with Authorities and Remedies
JAN 2016
52.222-20
Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000
MAY 2014
52.222-21
Prohibition Of Segregated Facilities
APR 2015
52.222-26
Equal Opportunity
APR 2015
52.222-35
Equal Opportunity for Veterans
OCT 2015
52.222-36
Equal Opportunity for Workers with Disabilities
JUL 2014
52.222-37
Employment Reports on Veterans
OCT 2015
52.222-40
Notification of Employee Rights Under the National Labor Relations Act
DEC 2010
52.222-50
Combating Trafficking in Persons
MAR 2015
52.222-54
Employment Eligibility Verification
OCT 2015
52.223-3
Hazardous Material Identification And Material Safety Data
JAN 1997
52.223-6
Drug-Free Workplace
MAY 2001
52.223-18
Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-13
Restrictions on Certain Foreign Purchases
JUN 2008
52.227-1
Authorization and Consent
DEC 2007
52.227-2
Notice And Assistance Regarding Patent And Copyright Infringement
DEC 2007
52.229-3
Federal, State And Local Taxes
FEB 2013
52.230-2
Cost Accounting Standards
OCT 2015
52.230-6
Administration of Cost Accounting Standards
JUN 2010
52.232-1
Payments
APR 1984
52.232-8
Discounts For Prompt Payment
FEB 2002
52.232-9
Limitation On Withholding Of Payments
APR 1984
52.232-11
Extras
APR 1984
52.232-17
Interest
MAY 2014
52.232-23
Assignment Of Claims
MAY 2014
52.232-25
Prompt Payment
JUL 2013
52.232-33
Payment by Electronic Funds Transfer--System for Award Management
JUL 2013
52.232-39
Unenforceability of Unauthorized Obligations
JUN 2013
52.233-1 Alt I
Disputes (May 2014) - Alternate I
DEC 1991
52.233-3
Protest After Award
AUG 1996
52.233-4
Applicable Law for Breach of Contract Claim
OCT 2004
52.242-13
Bankruptcy
JUL 1995
52.243-1
Changes--Fixed Price
AUG 1987
52.243-2
Changes--Cost-Reimbursement
AUG 1987
52.243-6
Change Order Accounting
APR 1984
52.243-7
Notification Of Changes
APR 1984
52.244-5
Competition In Subcontracting
DEC 1996
52.244-6
Subcontracts for Commercial Items
DEC 2015
52.245-1
Government Property
APR 2012
52.245-9
Use And Charges
APR 2012
52.246-23
Limitation Of Liability
FEB 1997
52.248-1
Value Engineering
OCT 2010
52.249-2
Termination For Convenience Of The Government (Fixed-Price)
APR 2012
52.249-6
Termination (Cost Reimbursement)
MAY 2004
52.249-8
Default (Fixed-Price Supply & Service)
APR 1984
52.253-1
Computer Generated Forms
JAN 1991
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7001
Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies
DEC 2008
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
SEP 2013
252.203-7003
Agency Office of the Inspector General
DEC 2012
252.203-7004
Display of Fraud Hotline Poster(s)
OCT 2015
252.204-7000
Disclosure Of Information
AUG 2013
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7005
Oral Attestation of Security Responsibilities
NOV 2001
252.205-7000
Provision Of Information To Cooperative Agreement Holders
DEC 1991
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
252.211-7000
Acquisition Streamlining
OCT 2010
252.211-7003
Item Unique Identification and Valuation
DEC 2013
252.211-7007
Reporting of Government-Furnished Property
AUG 2012
252.215-7000
Pricing Adjustments
DEC 2012
252.222-7006
Restrictions on the Use of Mandatory Arbitration Agreements
DEC 2010
252.223-7001
Hazard Warning Labels
DEC 1991
252.223-7004
Drug Free Work Force
SEP 1988
252.225-7001
Buy American And Balance Of Payments Program-- Basic (Aug 2016)
AUG 2016
252.225-7002
Qualifying Country Sources As Subcontractors
AUG 2016
252.225-7004
Report of Intended Performance Outside the United States and Canada--Submission after Award
OCT 2015
252.225-7009
Restriction on Acquisition of Certain Articles Containing Specialty Metals
OCT 2014
252.225-7012
Preference For Certain Domestic Commodities
AUG 2016
252.225-7013
Duty-Free Entry--Basic (Nov 2014)
NOV 2014
252.226-7001
Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
SEP 2004
252.227-7015
Technical Data--Commercial Items
FEB 2014
252.227-7016
Rights in Bid or Proposal Information
JAN 2011
252.227-7018
Rights in Noncommercial Technical Data and Computer Software--Small Business Innovation Research (SBIR) Program
FEB 2014
252.227-7025
Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends
MAY 2013
252.227-7037
Validation of Restrictive Markings on Technical Data
JUN 2013
252.231-7000
Supplemental Cost Principles
DEC 1991
252.232-7010
Levies on Contract Payments
DEC 2006
252.233-7001
Choice of Law (Overseas)
JUN 1997
252.242-7004
Material Management And Accounting System
MAY 2011
252.242-7005
Contractor Business Systems
FEB 2012
252.242-7006
Accounting System Administration
FEB 2012
252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.243-7002
Requests for Equitable Adjustment
DEC 2012
252.244-7000
Subcontracts for Commercial Items
JUN 2013
252.245-7002
Reporting Loss of Government Property
APR 2012
252.245-7003
Contractor Property Management System Administration
APR 2012
252.245-7004
Reporting, Reutilization, and Disposal
MAR 2015
252.246-7001 Alt II

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