Solicitation - N0016425Q0510.pdf
PDF 1 MB Posted
- Attached to
- Microchip Technology Standard Battery Pack Federal contract opportunity
- Solicitation number
- N0016425Q0510
About this file
This is a Request for Quotation (RFQ) N0016425Q0510 issued by the Naval Surface Warfare Center (NSWC) Crane for 210 Internal Frequency Standard Battery Packs, consisting of 150 US battery packs and 60 UK battery packs (P/N: 1420-0514). The opportunity is being issued as a sole-source procurement to Microchip Technology and qualifying distributors under FAR 13.106-1, as these items are already integrated into the customer's system.
The RFQ was issued on January 17, 2025, with quotes due by January 25, 2025, at 12:00 PM Eastern Time. The procurement is rated DO-A7 and includes FOB destination delivery terms. The contract uses firm-fixed pricing and is not set aside for small businesses. Delivery is required by June 23, 2025, to NSWC Crane in Indiana. Quotes must be submitted via email to cassidy.k.shaw.civ@us.navy.mil. While other vendors may submit capability statements, the government retains discretion on whether to conduct a competitive procurement based on responses received.
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|---|---|---|
| JXM0066 - Redacted NonComp.pdf | ||
| Standard Battery Packs.zip | ZIP file |
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Text version
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE
15. DATE OF QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
b. TELEPHONE
AREA CODE
NUMBER
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
8. TO:
b. COMPANYa. NAME
c. STREET ADDRESS
d. CITY e. STATE f. ZIP CODE
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
c. CITY
d. STATE e. ZIP CODE
7. DELIVERY
FOB DESTINATION
OTHER
(See Schedule)
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)
IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
ITEM NO.
(a)
SUPPLIES/ SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations are are not attached.
13. NAME AND ADDRESS OF QUOTER
a. NAME OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
PAGE OF PAGES
1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG. 1
RATING
5a. ISSUED BY 6. DELIVER BY (Date)
5b. FOR INFORMATION CALL (NO COLLECT CALLS)
NAME TELEPHONE NUMBER
AREA CODE NUMBER
N0016425Q0510
Section A - Solicitation/Contract Form
Standard Battery Packs
Standard Battery Packs Product Service Code: 6140 Date: 04 Dec 2024
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Standard battery packs - US.
P/N: 1420-0514
Manufacturer's Part Number: 1420-0514 Pricing Arrangement: Firm Fixed Price
150 Each
Standard battery packs - UK.
P/N: 1420-0514
Manufacturer's Part Number: 1420-0514 Pricing Arrangement: Firm Fixed Price
60 Each
0003 Shipping to NSWC Crane
Pricing Arrangement: Firm Fixed Price
1 Lot
Section C - Description/Specifications/Statement of Work
Requirements Standard Battery packs.
Section D - Packaging and Marking
Section E - Inspection and Acceptance
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.246-1 Contractor Inspection Requirements. Apr 1984 52.246-16 Responsibility for Supplies. Apr 1984
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: Inspection and Acceptance at Destination by Government.
DoDAAC: N00164 CountryCode: USA
NSWC CRANE
WARFARE CENTER, 300 HIGHWAY 361
CRANE, IN 47522-5001
UNITED STATES
Nicole Abrams, WAWF Acceptor Email: nicole.s.abrams.civ@us.navy.mil
Inspection and Acceptance Location
Both Destination Instructions: Inspection and Acceptance at Destination by Government.
DoDAAC: N00164 CountryCode: USA
NSWC CRANE
WARFARE CENTER, 300 HIGHWAY 361
CRANE, IN 47522-5001
UNITED STATES
Nicole Abrams, WAWF Acceptor Email: nicole.s.abrams.civ@us.navy.mil
Inspection and Acceptance Location
Both Destination Instructions: Inspection and Acceptance at Destination by Government.
DoDAAC: N00164 CountryCode: USA
NSWC CRANE
WARFARE CENTER, 300 HIGHWAY 361
CRANE, IN 47522-5001
UNITED STATES
Nicole Abrams, WAWF Acceptor Email: nicole.s.abrams.civ@us.navy.mil
Section F - Deliveries or Performance
Ship To DoDAAC: N00164 CountryCode: USA
NSWC CRANE
300 HIGHWAY 361, SUPPLY OPERATIONS BLDG 41 RECEIVING
CRANE, IN 47522-5001
UNITED STATES
Nicole Abrams Email: nicole.s.abrams.civ@us.navy.mil
Contractor Destination
Line Item Delivery Schedule Quantity Address and POC
Delivery On Or Before Delivery Date 23 Jun 2025
150 Each Ship To DoDAAC: N00164 CountryCode: USA
NSWC CRANE
300 HIGHWAY 361, SUPPLY OPERATIONS BLDG 41 RECEIVING
CRANE, IN 47522-5001
UNITED STATES
Don Cannon, Building 3287E Email: don.n.cannon.civ@us.navy.mil
Delivery On Or Before Delivery Date 23 Jun 2025
60 Each Ship To DoDAAC: N00164 CountryCode: USA
NSWC CRANE
300 HIGHWAY 361, SUPPLY OPERATIONS BLDG 41 RECEIVING
CRANE, IN 47522-5001
UNITED STATES
Don Cannon, Building 3287E Email: don.n.cannon.civ@us.navy.mil
Delivery On Or Before Delivery Date 23 Jun 2025
1 Lot Ship To DoDAAC: N00164 CountryCode: USA
NSWC CRANE
300 HIGHWAY 361, SUPPLY OPERATIONS BLDG 41 RECEIVING
CRANE, IN 47522-5001
UNITED STATES
Don Cannon, Building 3287E Email: don.n.cannon.civ@us.navy.mil
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.242-17 Government Delay of Work. Apr 1984 52.247-34 F.o.b. Destination. Nov 1991
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"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) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(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) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.
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) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.
WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(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.
Invoice and Receiving Report (Combo)
(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.
Inspection and Acceptance Location: Destination / Destination (D/D)
(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 financing, submit a commercial 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) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.
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 N00164
Admin DoDAAC N00164
Inspect By DoDAAC N/A
Ship To Code N00164
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) N/A
Service Acceptor (DoDAAC) N/A
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(*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) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(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.
Usn.crane.nswc-cd-crane-in.mbx.cran-acquisitn-wawf@us.navy.mil , Send additional WAWF Email Notifications to: nicole.s.abrams.civ@us.navy.
mil
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Additional Regulation or Supplemental Clauses Incorporated by Full Text
G-232-H005 SUPPLEMENTAL INSTRUCTIONS REGARDING INVOICING (NAVSEA) (JAN
2019)
(Dec 2018)
(a) For other than firm fixed priced contract line item numbers (CLINs), the Contractor agrees to segregate costs incurred under this contract/task order (TO), as applicable, at the lowest level of performance, either at the sub line item number (SLIN) or CLIN level, rather than at the total contract/TO level, and to submit invoices reflecting costs incurred at that level. Supporting documentation in Wide Area Workflow (WAWF) for invoices shall include summaries of work charged during the period covered as well as overall cumulative summaries by individual labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost break down of other direct costs (ODCs), materials, and travel, by technical instruction (TI), SLIN, or CLIN level. For other than firm fixed price subcontracts, subcontractors are also required to provide labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of ODCs, materials, and travel invoiced. Supporting documentation may be encrypted before submission to the prime contractor for WAWF invoice submittal. Subcontractors may email encryption code information directly to the Contracting Officer and Contracting Officer Representative (COR). Shouldthe subcontractor lack encryption capability, the subcontractor may also email detailed supporting cost information directly to the Contracting Officer and COR; or other method as agreed to by the Contracting Officer.
(b) Contractors submitting payment requests and receiving reports to WAWF using either Electronic Data Interchange (EDI) or Secure File Transfer Protocol (SFTP) shall separately send an email notification to the COR and Contracting Officer on the same date they submit the invoice in WAWF. No payments shall be due if the contractor does not provide the COR and Contracting Officer email notification as required herein.
(End of Text)
G-242-W001 CONTRACT ADMINISTRATION FUNCTIONS (NAVSEA) (OCT 2018) (Sep 2018)
(a) In accordance with FAR 42.302(a) all functions listed are delegated to the ACO except the following items to be retained by the PCO:
No delegation - all administrative actions will be retained by the PCO.
(b) In accordance with FAR 42.302(b), the following additional functions are delegated to the ACO:
No delegation - all administrative actions will be retained by the PCO.
(End of Text)
G-242-H002 HOURS OF OPERATION AND HOLIDAY SCHEDULE (NAVSEA) (JUL 2021) (Jun 2021)
(a) The policy of this activity is to schedule periods of reduced operations or shutdown during holiday periods. Deliveries will not be accepted on Saturdays, Sundays or Holidays except as specifically requested by the [insert activity name]. All goods or services attempted to be delivered on a Saturday, Sunday or Holiday without specific instructions from the Contracting Officer or his duly appointed representative will be returned to the contractor at the contractor's expense with no cost or liability to the U.
S. Government.
(b) The federal Government observes public Holidays that have been established under 5 U.S.C. 6103. The actual date of observance foreach of the holidays, for a specific calendar year, may be obtained from the OPM website at OPM.GOV or by using the following direct link: https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/.
(c) Delayed Opening, Early Dismissal and Closure of Government Facilities. When a Government facility has a delayed opening, is closed or Federal employees are dismissed early (due to severe weather, security threat, security exercise, or a facility related problem) that prevents personnel from working, onsite contractor personnel regularly assigned to work at that facility shall follow the same reporting and/or departure directions given to Government personnel. The contractor shall not direct charge to the contract for such time off, but shall follow parent company policies regarding taking leave (administrative or other). Non-essential contractor personnel, who are not required to remain at or report to the facility, shall follow their parent company policy regarding whether they should go/stay home or report to another company facility. Subsequent to an early dismissal, delayed opening, or during periods of inclement weather, onsite contractors should monitor the OPM website as well as radio and television announcements before departing for work to determine if the facility is closed or operating on a delayed arrival basis.
(d) When Federal employees are excused from work due to a holiday or a special event (that is unrelated to severe weather, a security threat, or a facility related problem), on site contractors shall continue working established work hours or take leave in accordance with parent company policy. Those contractor employees who take leave shall not direct charge the non-working hours to the contract. Contractors are responsible for predetermining and disclosing their charging practices for early dismissal, delayed openings, or closings in accordance with the FAR, applicable cost accounting standards, and the company's established policy and procedures. Contractors shall follow their disclosed charging practices during the contract period of performance, and shall not follow any verbal directions to the contrary. TheContracting Officer will make the determination of cost allowability for time lost due to facility closure in accordance with FAR, applicable Cost Accounting Standards, and the Contractor's established accounting policy and procedures.
(e) If you intend to visit the Contracts Office, it is advised that you call for an appointment at least 24 hours in advance.
(End of Text)
G-242-H001 GOVERNMENT CONTRACTADMINISTRATION POINTS-OF-CONTACT AND
RESPONSIBILITIES (NAVSEA) (OCT 2023)
(Sep 2023)
(a) The Government reserves the right to administratively substitute any of the points of contact listed below at any time.
(b) The contracting officer is the only person authorized to change this contract or orders issued thereunder. The Contractor shall not comply with any order, direction or request of Government personnel - that would constitute a change - unless it is issued in writing and signed by the Contracting Officer or is pursuant to specific authority otherwise included as part of this https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/ https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays contract. If, in the opinion of the contractor, an effort outside the existing scope of this contract is requested, the contractor shall promptly comply with the Notification of Changes clause of this contract.
(c) The points of contact are as follows:
(i) The Procuring Contracting Officer (PCO) is:
Name: Amy Haworth Address: 300 Highway 361 Crane, Indiana, 47522-5001 Phone: (812) 854- 5497 E-mail: amy.n.haworth.civ@us.navy.mil
(ii) The Contract Specialist is:
Name: Cassidy Shaw Address: 300 Highway 361
Crane, Indiana, 47522-5001 Phone: (812) 381- 4717 E-mail: cassidy.k.shaw.civ@us.navy.mil
(f) The Technical Point of Contact (TPOC) is the contracting officer's representative for technical matters when a COR is not appointed. The TPOC is responsible for technical issues of contract administration, such as providing all items of Government Furnished Information (GFI), Government Furnished Material (GFM) and Government Furnished Equipment (GFE) if specified in the contract as well as the inspection and acceptance of all contract deliverables.
The Technical Point of Contact (TPOC) is:
Name: Don Cannon Address: 300 Highway 361 Crane, Indiana, 47522-5001 Phone: (812) 854- 2469 E-mail: don.n.cannon.civ@us.navy.mil
(j) The Contractor's point of contact for performance under this contract is:
Name: [ * ] Address:
[ *Street ] [ *City, State, Zip ] Phone: (Area Code) xxx- [xxxx] E-mail: [ * ]
[ * ] To be completed at contract award
(End of Text)
Section H - Special Contract Requirements
Section I - Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.204-13 System for Award Management Maintenance. Oct 2018 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.211-5 Material Requirements. Aug 2000 52.211-15 Defense Priority and Allocation Requirements. Apr 2008 52.222-19 Child Labor-Cooperation with Authorities and Remedies. Feb 2024 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.232-23 Assignment of Claims. May 2014 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.243-1 Changes-Fixed-Price. Aug 1987 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). Apr 1984
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 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.
Jan 2023
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Feb 2024 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7028 Exclusionary Policies and Practices of Foreign Governments. Apr 2003 252.225-7048 Export-Controlled Items. Jun 2013 252.232-7010 Levies on Contract Payments. Dec 2006 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.247-7023 Transportation of Supplies by Sea. Oct 2024
FAR Clauses Incorporated by Full Text
52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Products and Commercial Services).
(Aug 2024)
As prescribed in , insert the following clause:13.302-5(d)
TERMS AND CONDITIONS-SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES) (AUG 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title (JAN 2017) VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC (Section 1634 of Pub. L. 115-91).2023)
(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section (NOV 2021) 889(a)(1)(A) of Pub. L. 115-232).
(iv) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328), unless the agency (JUN 2023) grants an exception - see paragraph (b) of 52.204-27.
(v) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(DEC 2023)
(vi) 52.222-3, Convict Labor (E.O.11755).(JUN 2003)
(vii) 52.222-21, Prohibition of Segregated Facilities .(APR 2015)
(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
(ix) 52.225-13, Restrictions on Certain Foreign Purchases ( ) (E.O.s, proclamations, and statutes administered by the Office of Foreign FEB 2021 Assets Control of the Department of the Treasury).
(x) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(MAR 2023)
(xi) 52.233-3, Protest After Award (31 U.S.C. 3553).(AUG 1996)
(xii) 52.233-4, Applicable Law for Breach of Contract Claim (Pub. L. 108-77 and 108-78 (19 U.S.C. 3805 note)).(OCT 2004)
(2) Listed below are additional clauses that apply:
(i) 52.232-1, Payments .(APR 1984)
(ii) 52.232-8, Discounts for Prompt Payment .(FEB 2002)
(iii) 52.232-11, Extras .(APR 1984)
(iv) 52.232-25, Prompt Payment (JAN 2017).
(v) 52.232-39, Unenforceability of Unauthorized Obligations .(JUN 2013)
(vi) 52.233-1, Disputes .(MAY 2014)
(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services .(FEB 2024)
(viii) 52.253-1, Computer Generated Forms .(JAN 1991)
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, (NOV 2023) the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
(ii) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) (31 U.S.C. 6101 note) (JUN 2020) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).
(iii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O. 13126) (Applies to contracts for supplies exceeding the (FEB 2024) micro-purchase threshold, as defined in 2.101 on the date of award of this contract).
(iv) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) (41 U.S.C. chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).
(v) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in (JUN 2020) FAR 22.1303(a) on the date of award of this contract).
(vi) 52.222-36, Equal Employment for Workers with Disabilities (29 U.S.C. 793) (Applies to contracts over the threshold specified in (JUN 2020) FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)
(vii) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in (JUN 2020) FAR 22.1303(a) on the date of award of this contract).
(viii) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to (AUG 2018) the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).
(ix)
52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).(A) (NOV 2021)
(B) Alternate I (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or (MAR 2015) notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).
(x) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Applies when 52.222-6 or 52.222-41 are in (JAN 2022) the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, ))).et seq.
(xi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract (JAN 2022) and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))
(xii) 52.223-5, Pollution Prevention and Right-to-Know Information (42 U.S.C. 11001-11050 and 13101-13109) (Applies to services (MAY 2024) performed on Federal facilities).
(xiii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ) (MAY 2024) et seq.
(Applies to contracts for products as prescribed at FAR 23.110(d)(1)).
(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, (MAY 2024) et seq.
) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).
(xv) 52.223-20, Aerosols (42 U.S.C. 7671, ) (Applies to contracts for products that may contain high global warming potential (MAY 2024) et seq.
hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).
(xvi) 52.223-21, Foams (42 U.S.C. 7671, ) (Applies to contracts for products that may contain high global warming potential (MAY 2024) et seq.
hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.
(xvii) 52.223-23, Sustainable Products and Services (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. (MAY 2024) 7671l) (Applies to contracts when the agency identifies in the statement of work, or elsewhere in the contract, the sustainable products and services that apply to the acquisition).
(xviii)
52.225-1, Buy American-Supplies (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving (A) (OCT 2022) the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition-
(1) Is set aside for small business concerns; or
(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).
(B) (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire Alternate I contract period of performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end in paragraph (a) of 52.225-1: (A) The cost of its components mined, produced, or manufactured in the United States exceeds percent of product ____ the cost of all its components. [ ])Contracting officer to insert the percentage per instructions at 13.302-5(d)(4).
(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit Organizations (JUN (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for 2020) the provision, the service, or the sale of food in the United States).
(xx) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Applies when the payment will be made by (OCT 2013) electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).
(xxi) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Applies when the payment will be (JUL 2013) made by EFT and the payment office does not use the SAM database as its source of EFT information).
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305)(Applies to supplies transported (NOV 2021) by ocean vessels (except for the types of subcontracts listed at 47.504(d)).
(2) Listed below are additional clauses that may apply:
(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Applies to contracts when the contractor or a (NOV 2021) subcontractor at any tier may have Federal contract information residing in or transiting through its information system.)
(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).(NOV 2021)
(iii) 52.211-17, Delivery of Excess Quantities ( ) (Applies to fixed-price supplies).SEPT 1989
(iv) 52.247-29, F.o.b. Origin (Applies to supplies if delivery is f.o.b. origin).(FEB 2006)
(v) 52.247-34, F.o.b. Destination (Applies to supplies if delivery is f.o.b. destination).( )JAN 1991
(c) . This contract incorporates one or more clauses by reference, with the same FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998) force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
____[Insert one or more Internet addresses]
(d) . The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Inspection/Acceptance Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-
(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(e) . The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Excusable delays the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(f) . The Government reserves the right to terminate this contract, or any part hereof, for its sole Termination for the Government's convenience convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.
(g) . The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, Termination for cause or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(h) . The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose Warranty described in this contract.
(End of clause)
52.219-28 Post-Award Small Business Program Rerepresentation. (Feb 2024)
As prescribed in , insert the following clause:19.309(c)(1)
POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2024)
(a) . As used in this clause-Definitions
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern-
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.
(2) , as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, Affiliates or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts-
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it is, is not a small business concern under NAICS Code assigned to contract number.____ ____
(2) [ .] The Contractor represents Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause that it is, is not, a small disadvantaged business concern as defined in .13 CFR 124.1001
(3) [ ] The Contractor represents Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.
that it is, is not a women-owned small business concern.
(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]____
(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]____
(6) [ ] The Contractor represents Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.
that it is, is not a veteran-owned small business concern.
(7) [ ] The Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.
Contractor represents that it is, is not a service-disabled veteran-owned small business concern.
(8) . The Contractor represents that it Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program is, is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]____
(9) [ ] The Contractor represents Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.
that-
(i) It is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It is, is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)
(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern ____ participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[ Contractor to sign and date and insert authorized signer's name and title.] ____
(End of clause)
52.252-6 Authorized Deviations in Clauses. (Nov 2020)
As prescribed in , insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized 52.107(f) deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.
AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any [insert regulation name] (48 CFR ) clause with an authorized deviation is indicated by ____ ____ the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
DFARS Clauses Incorporated by Full Text
252.225-7027 Restriction on Contingent Fees for Foreign Military Sales. (Apr 2003)
As prescribed in 225.7307(a), use the following clause.
RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES
(APR 2003)
(a) Except as provided in paragraph (b) of this clause, contingent fees, as defined in the Covenant Against Contingent Fees clause of this contract, are generally an allowable cost, provided the fees are paid to-
(1) A bona fide employee of the Contractor; or
(2) A bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business.
(b) For foreign military sales, unless the contingent fees have been identified and payment approved in writing by the foreign customer before contract award, the following contingent fees are unallowable under this contract:
(1) For sales to the Government(s) of , contingent fees in any amount. ____
(2) For sales to Governments not listed in paragraph (b)(1) of this clause, contingent fees exceeding $50,000 per foreign military sale case.
(End of clause)
Section J - List of Attachments
Section K - Representations, Certification, & Other Statements
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
Nov 2021
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation. Nov 2015 52.225-18 Place of Manufacture. Aug 2018 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan-Certification. Aug 2009
52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications.
Jun 2020
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016 252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation. Dec 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.
May 2021
FAR Clauses Incorporated by Full Text
52.204-8 Annual Representations and Certifications. (May 2024)
As prescribed in , insert the following provision:4.1202(a)
ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024)
(a)
The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code].(1) ____
(2) The small business size standard is [insert size standard].____
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition-
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b)
If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.(1)
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(i) Paragraph (d) applies.
(ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)
The following representations or certifications in SAM are applicable to this solicitation as indicated:(1)
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-
(A) The acquisition is to be made under the simplified acquisition procedures in part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for…
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