N00019-19-R-0017_SCRM_Base_RFP_3Dec18.docx
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- F-35 Joint Program Office Supply Chain Risk Management Federal contract opportunity
- Solicitation number
- N00019-19-R-0017
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N0001919R0017
SEE ADDENDUM
(No Collect Calls) N0001919R0017 03-Dec-2018
b. TELEPHONE NUMBER 703-602-9598
8. OFFER DUE DATE/LOCAL TIME
12:00 PM 17 Dec 2018
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA
ARE
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 23.
CODE
10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
N00019
9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
CHLOE WILLIAMS
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER 30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
PAGE 1 OF
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.
ADDENDA
ARE
ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:
SET ASIDE:
UNRESTRICTED OR
X
SMALL BUSINESS
17a.CONTRACTOR/
CODE
FACILITY
OFFEROR
CODE
F-35 JOINT PROGRAM OFFICE
200 12TH STREET SOUTH, SUITE 600
ARLINGTON VA 22202-5402
18a. PAYMENT WILL BE MADE BY
CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A 13b. RATING
CODE
15. DELIVER TO
CODE
N00019
16. ADMINISTERED BY
12. DISCOUNT TERMS
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
X
F-35 JOINT PROGRAM OFFICE
SEE CDRL(S) INSTRUCTIONS
2521 S CLARK STREET
STE 5100
ARLINGTON VA 22204
TEL: 703-601-5470 FAX:
FAX:
TEL:
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$15,000,000
NAICS:
541611 X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICES
ITEM NO.
QUANTITY
UNIT
UNIT PRICE
AMOUNT
24.
22.
21.
19.
X
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________ 32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED
INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINAL
PARTIAL
COMPLETE
36. PAYMENT
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER
39. S/R VOUCHER NUMBER
40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42a. RECEIVED BY (Print) 42b. RECEIVED AT (Location) 42c. DATE REC'D
(YY/MM/DD)
42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY
UNIT
22.
23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
GENERAL INFORMATION
1. This is a Firm Fixed Price Request for Proposal (RFP) issued as a 100% Women Owned Small Business Set Aside pursuant to FAR 19.1505, Women Owned Small Business Set Asides, and FAR Part 13, Simplified Acquisition Procedures. The Government is requesting proposals for Supply Chain Risk Management Analyses and Monitoring in support of the F-35 Joint Program Office (JPO).
2. The Government anticipates a single award Purchase Order in support of SCRM based on its evaluation of proposals in accordance with Sections L and M (Attachment 2, Instructions to Offerors/Basis of Award and Evaluation Criteria) of this solicitation. The Government reserves the right not to award a Purchase Order in response to this RFP if the Government’s evaluation deems necessary.
3. This Purchase Order is for a total performance period of two years, inclusive of all options. The anticipated full performance start date for this effort is on or about 07 January 2019. The Government anticipates making a single-award utilizing tradeoff among cost/price and non-cost factors (reference Sections L and M – Attachment 2 of this Solicitation).
4. Offeror shall identify any conflict of interest or appearance issues, which may be a potential Organizational Conflict of Interest (OCI) in accordance with FAR 9.5, as supplemented. OCI mitigation plans or a statement that no OCI exists should accompany your proposal. Offerors are responsible for immediately notifying the Contracting Officer should any potential conflict of interest arise at any time prior to and after contract award.
5. Contracting Officer Representatives (CORs) will be officially appointed in writing by the Contracting Officer at time of contract award.
6. Each Offeror’s proposal must include a cover letter stating a proposal acceptance period of at least 90 days. Proposals offering less than 90 days will be deemed unacceptable. The cover letter shall be submitted on company letterhead that includes the company name, address, and a specific point of contact (POC).
7. This RFP is not authorization to begin performance and in no way obligates the Government for any costs incurred by the Offeror associated with developing a proposal. The Government reserves the right not to award a contract in response to this RFP. Prior to commencement of any activities associated with performance of this requirement, the Government will issue a written directive or contractual document signed by the Contracting Officer with appropriate consideration established.
8. During the proposal phase, direct all inquiries pertaining to the subject RFP to the Contract Specialists, Chloe Williams at chloe.williams@jsf.mil, Jacee Stumpf at Jacee.stumpf@jsf.mil, and the Contracting Officer, Andrew Smith at Andrew.smith@jsf.mil. Any questions, whether technical or contractual in nature shall be submitted in writing no later than 12:00 PM Eastern Standard Time on 07 December 2018. Questions will be consolidated and responses will be forwarded to all Offerors. Offerors are cautioned that all communications are to be channeled through the Contracting Officer and Contract Specialists.
9. Written proposals are due no later than 12:00 PM Eastern Standard Time on 17 December 2018. Oral presentations must be conducted no later than 19 December 2018 (see Sections L and M – Attachment 2 of this solicitation). Proposals shall be submitted via email, with the complete RFP number in the subject line, to the Contract Specialists and Contracting Officer. Late proposals will not be accepted.
SECTION B – SUPPLIES OR SERVICES AND PRICES
Offerors shall provide pricing in accordance with the CLIN structure specified below.
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
SCRM Support (250 Suppliers)
FFP
This CLIN includes all services required under the Statement of Work for the base period of performance (7 Jan 2019 - 6 Jan 2020) FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
| OPTION |
| SCRM Support (500 Suppliers) |
FFP
This CLIN includes all services required under the Statement of Work for the base period of performance (7 Jan 2020 - 6 Jan 2021)
NET AMT
SECTION C – DESCRIPTIONS AND SPECIFICATIONS
The Contractor shall perform in accordance with Attachment 1, Statement of Work.
SECTION D – PACKAGING AND MARKING
The data to be furnished hereunder shall be packaged, packed and marked in accordance with Exhibits A and B, DD Form 1423, Contract Data Requirements List (CDRLs). Unless otherwise directed, all deliverables shall be delivered to the Contracting Officer’s Representative (COR).
CLAUSES INCORPORATED BY FULL TEXT
252.211-7002 Availability for Examination of Specifications, Standards, Plans, Drawings, Data Item Descriptions, and Other Pertinent Documents (DEC 1991)
The specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation are not available for distribution but may be examined at the following location: See Exhibit A and Exhibit B
(End of provision)
| 5252.247-9507 | PACKAGING AND MARKING OF REPORTS (NAVAIR)(OCT 2005) | |
| (a) All unclassified data shall be prepared for shipment in accordance with best commercial practice. Classified reports, data and documentation, if any, shall be prepared for shipment in accordance with the National Industry Security Program Operating Manual, DoD 5220.22-M. | ||
| (b) The contractor shall prominently display on the cover of each report the following information: | ||
| (1) Name and business address of contractor. | ||
| (2) Contract Number/Delivery/Task order number. | ||
| (3) Contract/Delivery/Task order dollar amount. | ||
| (4) Whether the contract was competitively or non-competitively awarded. | ||
| (5) Name of sponsoring individual. | ||
| (6) Name and address of requiring activity. |
| 5252.247-9508 | PROHIBITED 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. |
| 5252.247-9509 | PRESERVATION, PACKAGING, PACKING AND MARKING (NAVAIR)(JUL 1998) |
| (a) Preservation, packaging and packing shall conform to prevailing industry standards for the type of commodity purchased under this contract. | |
| (b) All packages will be clearly marked with applicable contract number/delivery order number, and will contain appropriate packing slip. | |
| (c) In the event of any discrepancy in material shipped (overage, technical rejection, damage), the contractor shall, immediately upon request of the Contracting Officer, furnish disposition instructions. Normally, such disposition instruction shall be a properly completed Commercial Bill of Lading, which includes, but is not limited to, the mode of shipment, routing, special handling, and so forth. | |
| (d) If the contractor is required to install equipment upon delivery, then the contractor shall inform the Government of the date of shipment from the contractor's facilities and the anticipated date of arrival at the site. This report shall be made no later than the actual date that the shipment is made from the contractor’s facilities. The report may be made by facsimile or e-mail, to the point of contact listed in Section G. All transportation, rigging, drayage, packing, unpacking, and handling necessary to accomplish the installation shall be the responsibility of the contractor. |
| 5252.247-9514 | TECHNICAL DATA PACKING INSTRUCTIONS (NAVAIR)(SEP 1999) |
| Technical Data and Information shall be packed and packaged for domestic shipment in accordance with best commercial practices. The package or envelope should be clearly marked with any special markings specified in this contract (or delivery/task order), e.g., Contract Number, CLIN, Device No., and document title must be on the outside of the package. Classified reports, data and documentation, if applicable, shall be prepared for shipment in accordance with Defense Industrial Manual for Safeguarding Classified Information, DoD 5220.22M. |
SECTION E – INSPECTION AND ACCEPTANCE
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
| 1001 |
| Destination |
| Government |
| Destination |
| Government |
Contractor performance will be inspected in accordance with the metrics provided in the Quality Assurance Surveillance Plan (QASP), Attachment 3 to this solicitation.
CLAUSES INCORPORATED BY REFERENCE
52.246-4 Inspection of Services – Fixed Price (AUG 1996)
CLAUSE INCORPORATED BY FULL TEXT
5252.246-9514 INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION
(NAVAIR) (FEB 1995)
Inspection and acceptance of technical data and information will be performed by the Procuring Contracting Officer (PCO) or his duly authorized representative. Inspection of technical data and information will be performed by ensuring successful completion of the requirements set forth in the DD Form 1423, Contract Data Requirements List (CDRL) and incorporation/resolution of Government review comments on the data items. Acceptance will be evidenced by execution of an unconditional DD Form 250, Material Inspection and Receiving Report, as appropriate, and/or upon receipt of a second endorsement acceptance by the PCO.
SECTION F – DELIVERABLES OR PERFORMANCE
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| POP 07-JAN-2019 TO |
06-JAN-2020
| N/A |
| F-35 JOINT PROGRAM OFFICE |
SEE CDRL(S) INSTRUCTIONS
2521 S CLARK STREET
STE 5100
ARLINGTON VA 22204
703-601-5470
N00019
| 1001 |
| POP 07-JAN-2020 TO |
06-JAN-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
N00019
| 52.242-17 | Government Delay of Work (APR 1984) |
| 52.242-15 | Stop-Work Order (AUG 1989) |
SECTION G – CONTRACT ADMINISTRATION DATA
This is a Firm Fixed Price Purchase Order
The Contractor will invoice in Wide Area Work Flow (WAWF) in accordance with Defense Federal Acquisition Regulations (DFARS) 252.232-7003. The contractor shall submit all invoices in WAWF by selecting COMBO.
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE 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).
COMBO
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
Government
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
| Field Name in WAWF |
| Data to be entered in WAWF |
| Pay Official DoDAAC |
| TBD |
| Issue By DoDAAC |
| N00019 |
| Admin DoDAAC |
| N00019 |
| Inspect By DoDAAC |
| N00019 |
| Ship To Code |
| N/A |
| Ship From Code |
| N/A |
| Mark For Code |
| N/A |
| Service Approver (DoDAAC) |
| N00019 |
| Service Acceptor (DoDAAC) |
| N00019 |
| Accept at Other DoDAAC |
| N/A |
| LPO DoDAAC |
| N/A |
| DCAA Auditor DoDAAC |
| N/A |
| Other DoDAAC(s) |
| N/A |
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
TBD
(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.
TBD
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
| G-TXT-0001 | PAYMENT INSTRUCTIONS (APR 2018) |
| FOR GOVERNMENT USE ONLY |
| Contract/Order Payment Clause |
| Type of Payment Request |
| Supply |
| Service |
| Construction |
| Payment Office |
Allocation Method
52.212-4 (Alt I), Contract Terms and Conditions—Commercial Items 52.216-7, Allowable Cost and Payment 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts
| Cost Voucher |
| N/A |
| X |
| N/A |
| Line item specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested. |
52.232-1, Payments;
52.232-2, Payments under Fixed-Price Research and Development Contracts;
52.232-3, Payments under Personal Services Contracts;
52.232-4, Payments under Transportation Contracts and Transportation-Related Services Contracts; and 52.232-6, Payments under Communication Service Contracts with Common Carriers
| Invoice |
| N/A |
| X |
| N/A |
| Line Item Specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested. |
*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial item financing).
5252.201-9501 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)(NAVAIR) (SEP 2012)
(a) The Contracting Officer has designated [TBD] as the authorized Contracting Officer’s Representative (COR) to perform the following functions, duties, and/or responsibilities: [TBD]
(b) The effective period of the COR designation is [TBD]
SECTION H – SPECIAL CONTRACT REQUIREMENTS
5252.201-9500 TECHNICAL POINT OF CONTACT (TPOC)(NAVAIR)(SEP 2012)
(a) The Technical Point of Contact (TPOC) for this contract is: Erik Wood (erik.wood@jsf.mil)
(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.
| 5252.209-9510 | ORGANIZATIONAL CONFLICTS OF INTEREST (NAVAIR) (SERVICES)(MAR 2007) | |
| (a) Purpose. This clause seeks to ensure that the contractor (1) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract, and (2) is not biased because of its current or planned interests (financial, contractual, organizational or otherwise) that relate to the work under this contract. | ||
| (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor (as defined in paragraph (d)(7)) in the activities covered by this clause. | ||
| (1) The restrictions set forth in paragraph (e) apply to supplies, services, and other performance rendered with respect to the suppliers and/or equipment listed in the Attachments. The contract will specify to which suppliers and/or equipment subparagraph (f) restrictions apply. | ||
| (2) The financial, contractual, organizational and other interests of contractor personnel performing work under this contract shall be deemed to be the interests of the contractor for the purposes of determining the existence of an Organizational Conflict of Interest. Any subcontractor that performs any work relative to this contract shall be subject to this clause. The contractor agrees to place in each subcontract affected by these provisions the necessary language contained in this clause. | ||
| (c) Waiver. Any request for waiver of the provisions of this clause shall be submitted in writing to the Procuring Contracting Officer. The request for waiver shall set forth all relevant factors including proposed contractual safeguards or job procedures to mitigate conflicting roles that might produce an Organizational Conflict of Interest. No waiver shall be granted by the Government with respect to prohibitions pursuant to access to proprietary data. | ||
| (d) Definitions. For purposes of application of this clause only, the following definitions are applicable: | ||
| (1) “System” includes system, major component, subassembly or subsystem, project, or item. | ||
| (2) “Nondevelopmental items” as defined in FAR 2.101. | ||
| (3) “Systems Engineering” (SE) includes, but is not limited to, the activities in FAR 9.505-1(b). | ||
| (4) “Technical direction” (TD) includes, but is not limited to, the activities in FAR 9.505-1(b). | ||
| (5) “Advisory and Assistance Services” (AAS) as defined in FAR 2.101. | ||
| (6) “Consultant services” as defined in FAR 31.205-33(a). | ||
| (7) “Contractor”, for the purposes of this clause, means the firm signing this contract, its subsidiaries and affiliates, joint ventures involving the firm, any entity with which the firm may hereafter merge or affiliate, and any other successor or assignee of the firm. | ||
| (8) “Affiliates,” means officers or employees of the prime contractor and first tier subcontractors involved in the program and technical decision-making process concerning this contract. | ||
| (9) “Interest” means organizational or financial interest. | ||
| (10) “Weapons system supplier” means any prime contractor or first tier subcontractor engaged in, or having a known prospective interest in the development, production or analysis of any of the weapon systems, as well as any major component or subassembly of such system. | ||
| (e) Contracting restrictions. | ||
| [ ] (1) To the extent the contractor provides systems engineering and/or technical direction for a system or commodity but does not have overall contractual responsibility for the development, the integration, assembly and checkout (IAC) or the production of the system, the contractor shall not (i) be awarded a contract to supply the system or any of its major components or (ii) be a subcontractor or consultant to a supplier of the system or of its major components. The contractor agrees that it will not supply to the Department of Defense (either as a prime contractor or as a subcontractor) or act as consultant to a supplier of, any system, subsystem, or major component utilized for or in connection with any item or other matter that is (directly or indirectly) the subject of the systems engineering and/or technical direction or other services performed under this contract for a period of [insert the period of prohibition] after the date of completion of the contract. (FAR 9.505-1(a)) | ||
| [ ] (2) To the extent the contractor prepares and furnishes complete specifications covering nondevelopmental items to be used in a competitive acquisition, the contractor shall not be allowed to furnish these items either as a prime contractor or subcontractor. This rule applies to the initial production contract, for such items plus a specified time period or event. The contractor agrees to prepare complete specifications covering non-developmental items to be used in competitive acquisitions, and the contractor agrees not to be a supplier to the Department of Defense, subcontract supplier, or a consultant to a supplier of any system or subsystem for which complete specifications were prepared hereunder. The prohibition relative to being a supplier, a subcontract supplier, or a consultant to a supplier of these systems of their subsystems extends for a period of [insert the period of prohibition] after the terms of this contract. (FAR 9.505-2(a)(1)) | ||
| [ ] (3) To the extent the contractor prepares or assists in preparing a statement of work to be used in competitively acquiring a system or services or provides material leading directly, predictably and without delay to such a work statement, the contractor may not supply the system, major components thereof or the services unless the contractor is the sole source, or a participant in the design or development work, or more than one contractor has been involved in preparation of the work statement. The contractor agrees to prepare, support the preparation of or provide material leading directly, predictably and without delay to a work statement to be used in competitive acquisitions, and the contractor agrees not to be a supplier or consultant to a supplier of any services, systems or subsystems for which the contractor participated in preparing the work statement. The prohibition relative to being a supplier, a subcontract supplier, or a consultant to a supplier of any services, systems or subsystems extends for a period of [insert the period of prohibition] after the terms of this contract. (FAR 9.505-2(b)(1)) | ||
| [ ] (4) To the extent work to be performed under this contract requires evaluation of offers for products or services, a contract will not be awarded to a contractor that will evaluate its own offers for products or services, or those of a competitor, without proper safeguards to ensure objectivity to protect the Government’s interests. Contractor agrees to the terms and conditions set forth in the Statement of Work that are established to ensure objectivity to protect the Government’s interests. (FAR 9.505-3) | ||
| [ ] (5) To the extent work to be performed under this contract requires access to proprietary data of other companies, the contractor must enter into agreements with such other companies which set forth procedures deemed adequate by those companies (i) to protect such data from unauthorized use or disclosure so long as it remains proprietary and (ii) to refrain from using the information for any other purpose other than that for which it was furnished. Evidence of such agreement(s) must be made available to the Procuring Contracting Officer upon request. The contractor shall restrict access to proprietary information to the minimum number of employees necessary for performance of this contract. Further, the contractor agrees that it will not utilize proprietary data obtained from such other companies in preparing proposals (solicited or unsolicited) to perform additional services or studies for the United States Government. The contractor agrees to execute agreements with companies furnishing proprietary data in connection with work performed under this contract, obligating the contractor to protect such data from unauthorized use or disclosure so long as such data remains proprietary, and to furnish copies of such agreement to the Contracting Officer. Contractor further agrees that such proprietary data shall not be used in performing for the Department of Defense additional work in the same field as work performed under this contract if such additional work is procured competitively. (FAR 9.505) | ||
| [ ] (6) Preparation of Statements of Work or Specifications. If the contractor under this contract assists substantially in the preparation of a statement of work or specifications, the contractor shall be ineligible to perform or participate in any capacity in any contractual effort (solicited or unsolicited) that is based on such statement of work or specifications. The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the Contracting Officer, in which case the restrictions in this subparagraph shall not apply. Contractor agrees that it will not supply to the Department of Defense (either as a prime contractor or as a subcontractor) or act as consultant to a supplier of, any system, subsystem or major component utilized for or in connection with any item or work statement prepared or other services performed or materials delivered under this contract, and is procured on a competitive basis, by the Department of Defense with [insert the period of prohibition] after completion of work under this contract. The provisions of this clause shall not apply to any system, subsystem, or major component for which the contractor is the sole source of supply or which it participated in designing or developing. (FAR 9.505-4(b)) | ||
| [ ] (7) Advisory and Assistance Services (AAS). If the contractor provides AAS services as defined in paragraph (d) of this clause, it shall be ineligible thereafter to participate in any capacity in Government contractual efforts (solicited or unsolicited) which stem directly from such work, and the contractor agrees not to perform similar work for prospective offerors with respect to any such contractual efforts. Furthermore, unless so directed in writing by the Contracting Officer, the contractor shall not perform any such work under this contract on any of its products or services, or the products or services of another firm for which the contractor performs similar work. Nothing in this subparagraph shall preclude the contractor from competing for follow-on contracts for AAS. | ||
| (f) Remedies. In the event the contractor fails to comply with the provisions of this clause, such noncompliance shall be deemed a material breach of the provisions of this contract. If such noncompliance is the result of conflicting financial interest involving contractor personnel performing work under this contract, the Government may require the contractor to remove such personnel from performance of work under this contract. Further, the Government may elect to exercise its right to terminate for default in the event of such noncompliance. Nothing herein shall prevent the Government from electing any other appropriate remedies afforded by other provisions of this contract, or statute or regulation. | ||
| (g) Disclosure of Potential Conflicts of Interest. The contractor recognizes that during the term of this contract, conditions may change which may give rise to the appearance of a new conflict of interest. In such an event, the contractor shall disclose to the Government information concerning the new conflict of interest. The contractor shall provide, as a minimum, the following information: | ||
| (1) a description of the new conflict of interest (e.g., additional weapons systems supplier(s), corporate restructuring, new first-tier subcontractor(s), new contract) and identity of parties involved; | ||
| (2) a description of the work to be performed; | ||
| (3) the dollar amount; | ||
| (4) the period of performance; and | ||
| (5) a description of the contractor’s internal controls and planned actions, to avoid any potential organizational conflict of interest. |
| 5252.211-9507 | PERIOD OF PERFORMANCE (NAVAIR) (MAR 1999) | |
| (a) The contract shall commence on 07 January 2020 and shall continue 12 Months. However, the period of performance may be extended in accordance with the option provisions contained herein. | ||
| (b) If FAR Clause 52.216-18, “Ordering”, is incorporated into this contract, then the period in which the Government can issue orders under the contract will be extended at the exercise of an option, and extended to the end of that option period. | ||
| 5252.211-9509 | INCORPORATION OF THE CONTRACTOR'S TECHNICAL PROPOSAL (NAVAIR)(OCT 2005) | |
| The Contractor's Technical Proposal Number [ ], dated [ ], and any amendments/addendums thereof, is incorporated herein by reference, unless otherwise specified, with the same force and effect as if set forth in full text. Nothing in the Contractor's proposal shall constitute a waiver of any of the provisions of the contract, including the Statement(s) of Work and Specification. For purposes of FAR Clause 52.215-8, “Order of Precedence”, the Contractor's technical proposal shall be considered a “Specification” but the Government's Specification shall take precedence over the Contractor's technical proposal. | ||
| 5252.211-9510 | CONTRACTOR 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. |
5252.215-9505 EXCLUSIVE TEAMING ARRANGEMENTS THAT 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.
5252.227-9507 NOTICE REGARDING THE DISSEMINATION OF EXPORT-CONTROLLED
TECHNICAL DATA (NAVAIR) (OCT 2005)
(a) Export of information contained herein, which includes release to foreign nationals within the United States, without first obtaining approval or license from the Department of State for items controlled by the International Traffic in Arms Regulations (ITARS), or the Department of Commerce for items controlled by the Export Administration Regulations (EAR), may constitute a violation of law.
(b) For violation of export laws, the contractor, its employees, officials or agents are subject to:
(1) Imprisonment and/or imposition of criminal fines; and
(2) Suspension or debarment from future Government contracting actions.
(c) The Government shall not be liable for any unauthorized use or release of export-controlled information, technical data or specifications in this contract.
(d) The contractor shall include the provisions or paragraphs (a) through (c) above in any subcontracts awarded under this contract.
| 5252.227-9511 | DISCLOSURE, 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 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. |
5252.243-9504 AUTHORIZED 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: TBD
| 5252.246-9514 | INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION (NAVAIR) (FEB 1995) |
| Inspection and acceptance of technical data and information will be performed by the Procuring Contracting Officer (PCO) or his duly authorized representative. Inspection of technical data and information will be performed by ensuring successful completion of the requirements set forth in the DD Form 1423, Contract Data Requirements List (CDRL) and incorporation/resolution of Government review comments on the data items. Acceptance will be evidenced by execution of an unconditional DD Form 250, Material Inspection and Receiving Report, as appropriate, and/or upon receipt of a second endorsement acceptance by the PCO. The attached form will not be used for high cost data such as drawings, specifications, and technical manuals. |
| 5252.247-9505 | TECHNICAL DATA AND INFORMATION (NAVAIR) (FEB 1995) | |
| Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data Requirements List, DD Form 1423, Exhibits A and B, attached hereto, and the following: | ||
| (a) The contractor shall concurrently deliver technical data and information per DD Form 1423, Blocks 12 and 13 (date of first/subsequent submission) to all activities listed in Block 14 of the DD Form 1423 (distribution and addresses) for each item. Complete addresses for the abbreviations in Block 14 are shown in paragraph (g) below. Additionally, the technical data shall be delivered to the following cognizant codes, who are listed in Block 6 of the DD Form 1423. | ||
| (1) PCO, Code [insert code]. | ||
| (2) ACO, Code [insert code]. | ||
| [insert additional code addresses, as necessary] | ||
| (b) Partial delivery of data is not acceptable unless specifically authorized on the DD Form 1423, or unless approved in writing by the PCO. | ||
| (c) The Government review period provided on the DD Form 1423 for each item commences upon receipt of all required data by the technical activity designated in Block 6. | ||
| (d) A copy of all other correspondence addressed to the Contracting Officer relating to data item requirements (i.e., status of delivery) shall also be provided to the codes reflected above and the technical activity responsible for the data item per Block 6, if not one of the activities listed above. | ||
| (e) The PCO reserves the right to issue unilateral modifications to change the destination codes and addresses for all technical data and information at no additional cost to the Government. | ||
| (f) Unless otherwise specified in writing, rejected data items shall be resubmitted within thirty (30) days after receipt of notice of rejection. | ||
| (g) DD Form 1423, Block 14 Mailing Addresses: [insert the abbreviation and mailing address to match] |
| 5252.247-9514 | TECHNICAL DATA PACKING INSTRUCTIONS (NAVAIR) (SEP 1999) |
| Technical Data and Information shall be packed and packaged for domestic shipment in accordance with best commercial practices. The package or envelope should be clearly marked with any special markings specified in this contract (or delivery/task order), e.g., Contract Number, CLIN, Device No., and document title must be on the outside of the package. Classified reports, data and documentation, if applicable, shall be prepared for shipment in accordance with Defense Industrial Manual for Safeguarding Classified Information, DoD 5520.22M. |
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 (SEPT 2006) | |
| 52.203-7 | Anti-Kickback Procedures (MAY 2014) | |
| 52.203-8 | Cancellation, Recession, 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) | |
| 52.203-15 | Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUNE 2010) | |
| 52.203-17 | Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014) | |
| 52.204-4 | Printed or Copies Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) | |
| 52.209-6 | Protecting the Government’s Interest When Subcontracting with Contractor’s Debarred, Suspended, or Proposed for Debarment (OCT 2015) | |
| 52.219-8 | Utilization of Small Business Concerns (OCT 2018) | |
| 52.219-28 | Post Award Small Business Program Representation (JUL 2013) | |
| 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) | |
| 52.222-3 | Convict Labor (JUNE 2003) | |
| 52.222-17 | Nondisplacement of Qualified Workers (MAY 2014) | |
| 52.222-21 | Prohibition of Segregated Facilities (APR 2015) | |
| 52.222-26 | Equal Opportunity (SEP 2016) | |
| 52.222-40 | Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) | |
| 52.222-50 | Combating Trafficking in Persons (MAR 2015) | |
| 52.224-1 | Privacy Act Notification (APR 1984) | |
| 52.224-2 | Privacy Act (APR 1984) | |
| 52.224-3 | Privacy Training (JAN 2017) | |
| 52.223-18 | Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) | |
| 52.225-13 | Restrictions on Certain Foreign Purchases (JUNE 2008) | |
| 52.229-3 | Federal, State, and Local Taxes (FEB 2013) | |
| 52.232-1 | Payments (APR 1984) | |
| 52.232-18 | Availability of Funds (APR 1984) | |
| 52.232-23 | Assignment of Claims (MAY 2014) | |
| 52.232-25 | Prompt Payment (JAN 2017) | |
| 52.232-39 | Unenforceability of Unauthorized Obligations (JUNE 2013) | |
| 52.233-1 | Disputes (MAY 2014) | |
| 52.233-3 | Protests After Award (AUG 1996) | |
| 52.233-4 | Applicable Law for Breach of Contract Claim (OCT 2004) | |
| 52.237-3 | Continuity of Services (JAN 1991) | |
| 52.239-1 | Privacy or Security Safeguards (AUG 1996) | |
| 52.242-13 | Bankruptcy (JULY 1995) | |
| 52.243-1, Alt 1 | Changes – Fixed Price (AUG 1987) | |
| 52.243-7 | Notification of Changes (JAN 2017) | |
| 52.244-2 | Subcontracts (OCT 2010) | |
| 52.244-6 | Subcontracts for Commercial Items (OCT 2018) | |
| 52.246-25 | Limitation of Liability – Services (FEB 1997) | |
| 52.249-1 | Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984) | |
| 52.249-2 | Termination for Convenience of the Government (Fixed Price) (APR 2012) | |
| 52.249-8 | Default (Fixed-Price Supply and Service) (APR 1984) | |
| 52.251-1 | Government Supply Sources (APR 2012) | |
| 52.253-1 | Computer Generated Forms (JAN 1991) | |
| 252.203-7004 | Display of Hotline Posters (OCT 2016) | |
| 252.204-7000 | Disclosure of Information (OCT 2016) | |
| 252.204-7008 | Compliance with Safeguarding Covered Defense Information Controls (OCT 2016) | |
| 252.204-7009 | Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (OCT 2016) | |
| 252.206-7000 | Domestic Source Restriction (DEC 1991) | |
| 252.209-7002 | Disclosure of Ownership or Control by a Foreign Government (JUN 2010) | |
| 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) | |
| 252.209-7008 | Notice of Prohibition Relating to Organization Conflict of Interest – Major Defense Acquisition Program (DEC 2010) | |
| 252.209-7998 | Representation Regarding Conviction of a Felony Criminal (Class Deviation 2012-O0007) | |
| 252.209-7999 | Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law (Class Deviation 2012-O0004) | |
| 252.215-7008 | Only One Offer (OCT 2013) | |
| 252.215-7010 | Requirements for Certified Cost or Pricing data and Data Other Than Certified Cost or Pricing Data (JAN 2018) | |
| 252.215-7013 | Supplies and Services Provided by nontraditional Defense Contractors (JAN 2018) | |
| 252.222-7004 | Compliance with Spanish Social Security Laws and Regulations (JUN 1997) | |
| 252.222-7006 | Restrictions on the use of Mandatory Arbitration Agreements (DEC 2010) | |
| 252.225-7041 | Correspondence in English (JUN 1997) | |
| 252.225-7049 | Prohibition on Acquisition of Commercial Satellite from Certain Foreign Entities – Representations (JAN 2018) | |
| 252.225-7050 | Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism (JAN 2018) | |
| 252.229-7000 | Invoices Exclusive of Taxes or Duties (JUN 1997) | |
| 252.235-7000 | Indemnification Under 10 U.S.C. 2354 – Fixed Price (DEC 1991) | |
| 252.236-7000 | Modification Proposals – Price Breakdown (DEC 1991) | |
| 252.237-7007 | Termination for Default (DEC 1991) | |
| 252.239-7017 | Notice of Supply Chain Risk (NOV 2013) |
CLAUSES INCORPORATED BY FULL TEXT
52.203-16 Preventing Personal Conflicts of Interest. (DEVIATION 2018-O0018)
(a) Definitions. As used in this clause-- “Acquisition function closely associated with inherently governmental functions” means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:
(1) Planning acquisitions.
(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.
(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.
(4) Evaluating contract proposals.
(5) Awarding Government contracts.
(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).
(7) Terminating contracts.
(8) Determining whether contract costs are reasonable, allocable, and allowable.
“Covered employee” means an individual who performs an acquisition function closely associated with inherently…
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