The file's text, extracted by GovTribe without its formatting.
N0001919R0030
Section A - Solicitation/Contract Form
A-1 PROPOSAL VALIDITY
Proposals shall remain valid for a period of 180 days after receipt by the Government, per block 12 of the Standard Form (SF) 33.
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Non-Recurring Engineering (NRE)
FFP
For the Qualification of DSP Inverters
FY20
FOB: Destination
PSC CD: 1680
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Flight Test Assets
FY20
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Validation/Verification Assets
FY20
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Administrative and Technical Data
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| OPTION |
| UH-1Y DSP Inverters |
FFP
FY21
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| OPTION |
| UH-1Y DSP Inverters |
FFP
FY22
The unit price is based on a stand-alone option exercise. In the event Option 2001 is exercised per the terms outlined In Clause H-1, the unit price will be updated at option exercise to reflect the unit price for the combined quantity range band in Table H.1
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| OPTION |
| UH-1Y DSP Inverters |
FFP
FY22
The quantity shown is the most likely quantity. See B-1 CLIN Pricing
The actual quantity and unit price will be updated at option exercise per the terms outlined in B-1 CLIN Pricing for a stand-alone option exercise or per the terms of Clause H-1 Concurrent Option Exercise as applicable.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| OPTION |
| UH-1Y DSP Inverters |
FFP
The quantity shown is the most likely quantity. See B-1 CLIN Pricing
The actual quantity and unit price will be updated at option exercise per the terms outlined in B-1 CLIN Pricing for a stand-alone option exercise or per the terms of Clause H-1 Concurrent Option Exercise as applicable.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
NET AMT
CLAUSES INCORPORATED BY FULL TEXT
| 5252.204-9501 | NATIONAL 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 CLIN PRICING
Follow the below instructions for CLIN pricing.
1. NRE CLIN 0001: Fill in the total price in the Section B Schedule on page 3
1. Test Asset CLINS 0002 and 0003: Fill in the unit price and the total extended price for each CLIN in the Section B Schedule on pages 3 and 4.
1. Production Option CLIN 1001: Fill in the unit price and the total extended price in the Section B Schedule on page 5.
1. Production Option CLIN 2001: Fill in the unit price and the total extended price for CLIN in the Section B Schedule on page 5 based on CLIN 2001 being exercised as a standalone option.
1. Production Option CLINs 2002 and 3001: Offerors are to propose unit prices in Table B.1 for each quantity range shown. This range pricing is based on each CLIN being exercised as standalone from each other and Option Item 2001 or more than 30 calendar days apart from each other.
| Table B.1 Range Pricing for Stand-alone Option Exercise |
| CLIN |
| QUANTITY RANGE |
| UNIT PRICE |
See Clause H-1 Concurrent Option Exercise on page 21 for additional quantity range pricing inputs in the event Option CLINs 2001, 2002 and/or 3001 are exercised concurrently or within 30 calendar days of each other.
Section C - Descriptions and Specifications
Item 0001– The Contractor shall perform the non-recurring engineering in accordance with Attachment (1), Statement of Work (SOW), “H-1 Upgrades DSP Inverter,” and Attachment (2) Performance Specification Sheet “Inverter, Aircraft, DC to AC, 600 VA 1-Phase, 400 Hertz Multi-Purpose.”
Items 0002 and 0003 – The Contractor shall deliver Production Representative Test Assets in accordance with Attachment (1), Statement of Work (SOW), “H-1 Upgrades DSP Inverter,” and Attachment (2) Performance Specification Sheet “Inverter, Aircraft, DC to AC, 600 VA 1-Phase, 400 Hertz Multi-Purpose.”
Item 0004 – The administrative and technical data to be furnished hereunder shall be in accordance with the Contract Data Requirements List (CDRL), DD Form 1423 as identified in Exhibit A.
Option Items 1001, 2001, 2002 and 3001 - The Contractor shall deliver DSP Inverters in accordance with the approved Engineering Change Proposal (ECP) production configuration (CDRL A00R).
| 5252.211-9509 | INCORPORATION OF THE CONTRACTOR'S TECHNICAL PROPOSAL (NAVAIR)(OCT 2005) |
| The Contractor's Technical Proposal Number [Enter technical proposal number], dated [Enter document date], 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. |
Section D - Packaging and Marking
| 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. All deliveries will be marked for and/or consigned as follows: |
To be provided at contract award if applicable
| (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 |
| Origin |
| Government |
| Origin |
| Government |
| 0002 |
| Origin |
| Government |
| Origin |
| Government |
| 0003 |
| Origin |
| Government |
| Origin |
| Government |
| 1001 |
| Origin |
| Government |
| Origin |
| Government |
| 2001 |
| Origin |
| Government |
| Origin |
| Government |
| 2002 |
| Origin |
| Government |
| Origin |
| Government |
| 3001 |
| Origin |
| Government |
| Origin |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-2 |
| Inspection Of Supplies--Fixed Price |
| AUG 1996 |
| 52.246-4 |
| Inspection Of Services--Fixed Price |
| AUG 1996 |
| 52.246-16 |
| Responsibility For Supplies |
| APR 1984 |
| 5252.246-9512 | INSPECTION AND ACCEPTANCE (NAVAIR)(OCT 2005) |
| (a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by the cognizant Defense Contract Management Agency (DCMA). |
| (b) Acceptance of all Contract Line Items/Sub Line Items (CLINs/SLINs) shall be made by signature of the accepting authority on a DD 250 submitted through the WAWF system. Acceptance will only occur when the accepting authority is sure that inspections performed demonstrate compliance with contract requirements. |
| 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. |
Section F - Deliveries or Performance
Item 0001 – The Non-Recurring Engineering (NRE) for the DSP Inverter shall be completed no later than 12 months After Date of Contract (ADC).
Item 0002 – The DSP Inverters for Flight Test shall be delivered no later than 8 months ADC.
Item 0003 – The DSP Inverters for Validation/Verification shall be delivered no later than 10 months ADC.
Item 0004 – The Administrative and Technical Data to be furnished hereunder shall be delivered in accordance with the applicable Contract Data requirements List (CDRL), DD Form 1423 as identified in Exhibit A.
Option Items 1001, 2001, 2002 and 3001 – Delivery of the DSP Inverters shall begin 16 months ADC with deliveries to be at a consistent rate per month. The delivery schedule will be defined at time of award to be spread as evenly as possible. Below is a notional schedule.
(Note: Ship to addressess will be provided in the Final RFP)
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
19-FEB-2021
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.242-17 |
| Government Delay Of Work |
| APR 1984 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| 52.247-48 |
| F.O.B. Destination--Evidence Of Shipment |
| FEB 1999 |
| 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, Exhibit A, 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 2.3.1.3 | |
| | (2) ACO, Code TBD | |
| | | (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: See Contract Data Requirements List for delivery location | | |
Section G - Contract Administration Data
| 252.204-7006 |
| Billing Instructions |
| OCT 2005 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| DEC 2018 |
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(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.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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.sam.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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
Receiving Report
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
Receiving Report
(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(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 |
| Ship To Code |
| See Schedule |
| Ship From Code |
| Not Applicable |
| Mark For Code |
| Not Applicable |
| Service Approver (DoDAAC) |
| Not Applicable |
| Service Acceptor (DoDAAC) |
| Not Applicable |
| Accept at Other DoDAAC |
| Not Applicable |
| LPO DoDAAC |
| Not Applicable |
| DCAA Auditor DoDAAC |
| Not Applicable |
| Other DoDAAC(s) |
| Not Applicable |
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(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.
Not Applicable (Contracting Officer: Insert applicable information or “Not applicable.”)
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
| 5252.201-9500 | TECHNICAL POINT OF CONTACT (TPOC)(NAVAIR)(SEP 2012) |
| (a) The Technical Point of Contact (TPOC) for this contract is: TBD |
| (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. |
| 5252.204-9503 | EXPEDITING 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. |
| 5252.242-9511 | CONTRACT ADMINISTRATION DATA (NAVAIR)(NOV 2017) | |
| (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: | |
| (2) The following additional contract administration functions are assigned (see FAR 42.302(b)): |
| Additional Functions |
| Retained for Performance By: |
(c) Inquiries regarding payment should be referred to: MyInvoice through the Wide Area Workflow eBusiness Suite: https://wawf.eb.mil.
| G-TXT-PAY | 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 |
| X |
| 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 |
| Navy Shipbuilding Invoice (Fixed Price) |
| X |
| N/A |
| N/A |
| Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year. |
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 |
| X |
| 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. |
| 52.232-5, Payments Under Fixed-Price Construction Contracts |
| Construction Payment Invoice |
| N/A |
| N/A |
| X |
| Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year. |
| 52.232-16, Progress Payments |
| Progress Payment* |
| X |
| X |
| N/A |
| Contract-wide proration. Funds shall be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN. Progress Payments are considered contract level financing, and the “contract price” shall reflect the fixed price portion of the contract per FAR 32.501-3. |
52.232-29, Terms for Financing of Purchases of Commercial Items;
52.232-30, Installment Payments for Commercial Items
| Commercial Item Financing* |
| X |
| X |
| N/A |
| Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2). |
| 52.232-32, Performance-Based Payments |
| Performance-Based Payments* |
| X |
| X |
| N/A |
| Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2). |
| 252.232-7002, Progress Payments for Foreign Military Sales Acquisitions |
| Progress Payment* |
| X |
| X |
| N/A |
| Allocate costs among line items and countries in a manner acceptable to the Administrative Contracting Officer. |
*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).
Section H - Special Contract Requirements
H-1 CONCURRENT OPTION EXERCISE
Option Items 2001, 2002 and 3001 may be exercised at the same time or within 30 calendar days of each other. In the event either occurs, Offerors are to propose a unit price for each combined quantity range shown in Table H.1. If any of the Option CLINs 2001, 2002 and 3001 are exercised at the same time, each Option CLIN exercised shall be exercised at the combined quantity range unit price shown in Table H.1 for that combined quantity range band. If Option CLINs 2001, 2002 and 3001 are not exercised concurrently but are exercised within 30 calendar days from the first option exercise date of any of those CLINs (2001, 2002, or 3001), the quantities from the original option exercise shall be combined with the follow on option exercised quantities. The unit prices shall then be adjusted by utilizing the updated pricing band applicable for the total combined quantity shown in Table H.1. In the event there is more than one subsequent option exercise, the 30 calendar day time period starts on the first option exercise to be included in the combined quantity range band. Subsequent Option exercises beyond the 30 calendar days will be priced at the standalone option prices in the Section B Schedule or in Table B.1 under Clause B-1 as applicable.
Table H.1 Range Pricing for Combined Option Exercise for Option CLINs 2001, 2002 and/or 3001
| COMBINED QUANTITY RANGE |
| UNIT PRICE |
60-80
81-100
101-130
131-160
161-200
201-245
Example 1: Option 2001 (quantity 120) is exercised concurrent with Option CLIN 2002 for a quantity of 90 and Option CLIN 3001 for a quantity of 20. Option CLINs 2001, 2002 and 3001 will all be exercised at the unit price stated in Table H.1 for the combined range quantity band of 201–245.
Example 2: Option 2001 (quantity 120) is exercised on 4 January 2021 at the stand-alone unit price shown in Schedule B on page 5. Option 2002 is subsequently exercised on 1 February 2021 for a quantity of 60. Option CLIN 2002 will be exercise at the combined quantity range unit price for 161-200 shown in Table H.1 and Option CLIN 2001 will be adjusted to reflect the unit price for the combined quantity range band of 161-200. If Option Item 3001 is then exercised on 15 February 2021, CLIN 3001 will be exercised at the standalone range pricing shown in Table B.1 for CLIN 3001 and CLINs 2001 and 2002 will not be further adjusted since the Option 3001 option exercise exceeds 30 calendar days from the CLIN 2001 Option Exercise date.
| 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. | |
| 5252.227-9505 | TECHNICAL DATA AND COMPUTER SOFTWARE IDENTIFICATION IN ENGINEERING CHANGE PROPOSALS (ECPs) (NAVAIR)(AUG 1987) |
| Each Engineering Change Proposal (ECP) submitted by the Contractor shall identify each item of technical data and computer software delivered by the Contractor under any prior Navy contract required to be revised as a result of the proposed change and shall include an estimated price and cost proposal to furnish the revisions. |
| 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 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. |
| 5252.243-9505 | ENGINEERING CHANGES (NAVAIR)(OCT 2005) | |
| (a) After contract award, the Contracting Officer may solicit, and the contractor is encouraged to propose independently, engineering changes to the equipment, software specifications or other requirements of this contract. These changes may be proposed for reasons of economy, improved performance, or to resolve increased data processing requirements. If the proposed changes are acceptable to both parties, the contractor shall submit a price change proposal to the Government for evaluation. Those proposed engineering changes that are acceptable to the Government will be processed as modifications to the contract. | |
| (b) This applies only to those proposed changes identified by the contractor, as a proposal submitted pursuant to the provisions of this clause. As a minimum, the following information shall be submitted by the contractor with each proposal: | |
| | (1) A description of the difference between the existing contract requirement and the proposed change, and the comparative advantages and disadvantages of each. |
| | (2) Itemized requirements of the contract that must be changed if the proposal is adopted, and the proposed revision to the contract for each such change. |
| | (3) An estimate of the changes in performance costs, if any, that will result from adoption of the proposal. |
| | (4) An evaluation of the effects the proposed change would have on collateral costs to the Government such as Government-furnished property costs, costs of related items, and costs of maintenance and operation. |
| | (5) A statement of the time by which the change order adopting the proposal must be issued so as to obtain the maximum benefits of the changes during the remainder of this contract. Also, any effect on the contract completion time or delivery schedule shall be identified. |
| (c) Engineering change proposals submitted to the Contracting Officer shall be processed expeditiously. The Government shall not be liable for proposal preparation costs or any delay in acting upon any proposal submitted pursuant to this clause. The contractor has the right to withdraw, in whole or in part, any engineering change proposal not accepted by the Government within the period specified in the engineering change proposal. The decision of the Contracting Officer as to the acceptance of any such proposal under this contract shall be final and shall not be subject to the "Disputes" clause of the contract. | |
| (d) The Contracting Officer may accept any engineering change proposal submitted pursuant to this clause by giving the contractor written notice thereof. This written notice may be given by issuance of a modification to this contract. Unless and until a modification is executed to incorporate an engineering change proposal under this contract, the contractor shall remain obligated to perform in accordance with the terms of the existing contract. | |
| (e) If an engineering change proposal pursuant to this clause is accepted and applied to this contract, an equitable adjustment in the contract price and in any other affected provisions of this contract shall be made in accordance with the "Changes" clause. | |
| (f) The contractor is requested to identify specifically any information contained in its engineering change proposal which it considers confidential and/or proprietary and which it prefers not to be disclosed to the public. The identification of information as confidential and/or proprietary is for information purposes only and shall not be binding on the Government to prevent disclosure of such information. Offerors are advised that such information may be subject to release upon request pursuant to the Freedom of Information Act (5 U.S.C. 552). | |
Section I - Contract Clauses
| 252.222-7006 |
| Restrictions on the Use of Mandatory Arbitration Agreements |
| DEC 2010 |
| 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 |
| 52.203-19 |
| Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements |
| JAN 2017 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| OCT 2018 |
| 52.204-13 |
| System for Award Management Maintenance |
| OCT 2018 |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| JUL 2016 |
| 52.204-19 |
| Incorporation by Reference of Representations and Certifications. |
| DEC 2014 |
| 52.204-23 |
| Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. |
| JUL 2018 |
| 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 |
| OCT 2018 |
| 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 |
| 52.215-2 |
| 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 |
| 52.215-14 |
| Integrity of Unit Prices |
| OCT 2010 |
| 52.215-21 |
| Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications |
| OCT 2010 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| OCT 2018 |
| 52.219-16 |
| Liquidated Damages-Subcontracting Plan |
| JAN 1999 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-19 |
| Child Labor -- Cooperation with Authorities and Remedies |
| JAN 2018 |
| 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 |
| SEP 2016 |
| 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 |
| FEB 2016 |
| 52.222-40 |
| Notification of Employee Rights Under the National Labor Relations Act |
| DEC 2010 |
| 52.222-50 |
| Combating Trafficking in Persons |
| JAN 2019 |
| 52.222-54 |
| Employment Eligibility Verification |
| OCT 2015 |
| 52.223-6 |
| Drug-Free Workplace |
| MAY 2001 |
| 52.223-11 |
| Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. |
| JUN 2016 |
| 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 |
| 52.232-1 |
| Payments |
| APR 1984 |
| 52.232-8 |
| Discounts For Prompt Payment |
| FEB 2002 |
| 52.232-11 |
| Extras |
| APR 1984 |
| 52.232-16 |
| Progress Payments |
| APR 2012 |
| 52.232-17 |
| Interest |
| MAY 2014 |
| 52.232-23 Alt I |
| Assignment of Claims (May 2014) - Alternate I |
| APR 1984 |
| 52.232-25 |
| Prompt Payment |
| JAN 2017 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| OCT 2018 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 52.233-1 |
| Disputes |
| MAY 2014 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.234-1 |
| Industrial Resources Developed Under Title III, Defense Production Act |
| SEP 2016 |
| 52.242-5 |
| Payments to Small Business Subcontractors |
| JAN 2017 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.243-1 |
| Changes--Fixed Price |
| AUG 1987 |
| 52.244-6 |
| Subcontracts for Commercial Items |
| JAN 2019 |
| 52.245-1 |
| Government Property |
| JAN 2017 |
| 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 |
| 52.249-8 |
| 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 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7009 |
| Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information |
| OCT 2016 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| OCT 2016 |
| 252.204-7015 |
| Notice of Authorized Disclosure of Information for Litigation Support |
| MAY 2016 |
| 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 |
| 252.211-7007 |
| Reporting of Government-Furnished Property |
| AUG 2012 |
| 252.211-7008 |
| Use of Government-Assigned Serial Numbers |
| SEP 2010 |
| 252.219-7003 |
| Small Business Subcontracting Plan (DOD Contracts) |
| DEC 2018 |
| 252.225-7001 |
| Buy American And Balance Of Payments Program-- Basic |
| DEC 2017 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| DEC 2017 |
| 252.225-7008 |
| Restriction on Acquisition of Specialty Metals |
| MAR 2013 |
| 252.225-7009 |
| Restriction on Acquisition of Certain Articles Containing Specialty Metals |
| OCT 2014 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| DEC 2017 |
| 252.225-7013 |
| Duty-Free Entry--Basic |
| MAY 2016 |
| 252.225-7016 |
| Restriction On Acquisition Of Ball and Roller Bearings |
| JUN 2011 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.227-7013 |
| Rights in Technical Data--Noncommercial Items |
| FEB 2014 |
| 252.227-7015 |
| Technical Data--Commercial Items |
| FEB 2014 |
| 252.227-7027 |
| Deferred Ordering Of Technical Data Or Computer Software |
| APR 1988 |
| 252.227-7030 |
| Technical Data--Withholding Of Payment |
| MAR 2000 |
| 252.227-7037 |
| Validation of Restrictive Markings on Technical Data |
| SEP 2016 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| DEC 2018 |
| 252.239-7001 |
| Information Assurance Contractor Training and Certification |
| JAN 2008 |
| 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 |
| 252.245-7001 |
| Tagging, Labeling, and Marking of Government-Furnished Property |
| APR 2012 |
| 252.245-7002 |
| Reporting Loss of Government Property |
| DEC 2017 |
| 252.245-7003 |
| Contractor Property Management System Administration |
| APR 2012 |
| 252.245-7004 |
| Reporting, Reutilization, and Disposal |
| DEC 2017 |
| 252.246-7001 Alt II |
| Warranty Of Data (Mar 2014) - Alternate II |
| MAR 2014 |
| 252.246-7007 |
| Contractor Counterfeit Electronic Part Detection and Avoidance System |
| AUG 2016 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| FEB 2019 |
52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA–MODIFICATIONS (DEVIATION 2018-O0015) (MAY 2018)
(a) The requirements of paragraphs (b) and (c) of this clause shall –
(1) Become operative only for any modification of a subcontract that was awarded prior to July 1, 2018, involving a pricing adjustment expected to exceed $750,000, or any modification of a subcontract that awarded on or after July 1, 2018, involving a pricing adjustment expected to exceed $2 million; and
(2) Be limited to such modifications.
(b) Unless an exception under FAR 15.403-1 applies, the Contractor shall require the subcontractor to submit certified cost or pricing data (actually or by specific identification in writing), in accordance with FAR 15.408, Table 15-2 (to include any information reasonably required to explain the subcontractor’s estimating process such as the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data, and the nature and amount of any contingencies included in the price)—
(1) Before modifying any subcontract that was awarded prior to July 1, 2018, involving a pricing adjustment expected to exceed $750,000, or
(2) Before modifying any subcontract that was awarded on or after July 1, 2018, involving a pricing adjustment expected to exceed $2 million.
(c) The Contractor shall require the subcontractor to certify in substantially the form prescribed in FAR 15.406-2 that, to the best of its knowledge and belief, the data submitted under paragraph (b) of this clause were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modification.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in each subcontract that exceeds $2 million
| 52.217-7 | OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989) |
| The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to the following: |
| Option Item |
| Date to Exercise Option |
| CLIN 1001 |
| No Later Than 1 February 2021 |
| CLIN 2001 |
| No Later Than 1 November 2021 |
| CLIN 2002 |
| No Later Than 1 November 2021 |
| CLIN 3001 |
| Anytime between 1 November 2021 and 1 November 2022 |
Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (DEVIATION 2019-O0003)
(a) Definitions. As used in this clause— “HUBZone small business concern” means a small business concern, certified by the Small Business Administration (SBA), that appears on the List of Qualified HUBZone Small Business Concerns maintained by the SBA (13 CFR 126.103).
“Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award; as is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set-aside or sole source award under the HUBZone Program.
(b) Evaluation preference.
(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—
(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and
(ii) Otherwise successful offers from small business concerns.
(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.
(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.
(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.
__ Offeror elects to waive the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) Agreement. By submission of an offer and execution of a contract, a HUBZone small business concern agrees that, in the case of a contract for—
(1) Services (except construction), it will not pay more than 50 percent of the amount…
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