N00173-15-R-GA03_Solicitation.pdf
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- Space Chamber Positioning System Federal contract opportunity
- Solicitation number
- N00173-15-R-GA03
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Solicitation on a full-and-open basis including Exhibit A CDRLs ATT 1 Specification and ATT 2 Requirements for Onsite Contractors. ATT 3 to be included at time of award. See Solicitation Section L-11 Inquiries Concerning the RFP for cutoff date for vendor questions.
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| File | Type | Posted |
|---|---|---|
| N00173-15-R-GA03_A3_QA_Set_2.pdf | ||
| SF33_SOLICITATION_OFFER_AND_AWARD_Corrected.pdf | ||
| N00173-15-R-GA03_A2.pdf | ||
| N00173-15-R-GA03_Revised_Solicitation_and_Attachments.pdf | ||
| N00173-15-R-GA03_Solicitation.pdf |
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SOLICITATION NUMBER: N00173-15-R-GA03
FIRM FIXED PRICE
Revised 7/6/2015
CURRENT THROUGH:
FAC 2005-83
DPN 20150602
Deviation 2015-O0014
NMCARS 13-06
PART I - THE SCHEDULE
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
B-1 SUPPLIES OR SERVICES AND PRICES/COSTS
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT PRICE TOTAL PRICE
AMOUNT
0001 Complete 3-D Space Chamber 1 LO $ $ Positioning system design in accordance with the Specification.
FSC/PSC: 5998
ACRN: XX $Amount*
0002 Contractor measurements of 1 LO NSP* NSP* chamber dimensions and the existing mounting brackets on the chamber interior.
FSC/PSC: 5998
0003 Vacuum compatible mounting 1 LO $ $ structure in accordance with Specification.
0004 Vacuum compatible axial 2 AXES $ $ positioners z1 and z2 in accordance with the Specification.
OPTION 1
0005 Horizontal positioning axes: 2 AXES $ $
Axis x1 and x2.
OPTION 2
0006 Vertical positioning axes: 2 AXES $ $
Axis y1 and y2.
0007 Delivery 1 LO NSP* NSP*
FSC/PSC: 5998
0008 On-site Installation and System 1 LO NSP* NSP* Acceptance in accordance with the Specification.
FSC/PSC: 5998
0009 System Documentation 1 LO NSP* NSP*
FSC/PSC: 5998
0010 Training for maintenance 1 LO NSP* NSP* and basic repair.
TOTAL CONTRACT VALUE $All CLINs
*NSP – Not Separately Priced
SECTION C
DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C-1 Items furnished under this contract shall comply with Attachment (1), Specifications with Exhibit A, DD Form 1423, Contracts Data Requirements List, and all other Attachments cited in Section J, which are incorporated by reference into Section C.
SECTION D
PACKAGING AND MARKING
D-1 Preservation, packaging, packing and marking of all deliverable contract line items must conform to normal commercial packing standards to assure safe delivery at destination.
D-2 The Contractor shall mark all shipments under this contract in accordance with the edition of ASTM-D-3951-90 “Standard Practice for Commercial Packaging” in effect on the date of the contract.
D-3 The Contractor shall comply with FED STD 313 (Symbols for Packages and Containers for Hazardous Industrial Chemical and Materials) to the extent applicable.
SECTION E
INSPECTION AND ACCEPTANCE
E-1INSPECTION AND ACCEPTANCE CLAUSES BY REFERENCE:
FAR CLAUSE TITLE
52.246-2 Inspection of Supplies- Fixed -Price (AUG 1996)
52.246-16 Responsibility for Supplies (APR 1984)
DFARS CLAUSE TITLE
252.246-7000 Material Inspection and Receiving Report (MAR 2008)
E-2 INSPECTION AND ACCEPTANCE
Inspection and acceptance of the final delivery will be accomplished by the Contracting Officer Representative (COR) designated in Section G of this contract. Inspection and acceptance will be performed at the Naval Research Laboratory, Washington DC 20375-5320.
SECTION F
DELIVERIES OR PERFORMANCE
F-1 DELIVERIES OR PERFORMANCE CLAUSES BY REFERENCE:
FAR CLAUSE TITLE
52.211-17 Delivery of Excess Quantities (SEP 1989)
52.242-15 Stop - Work Order (AUG 1989)
52.242-17 Government Delay of Work (APR 1984)
52.247-34 FOB Destination (NOV 1991)
F-2 FAR 52.211-8 – TIME OF DELIVERY (JUN 1997)
(a) The Government requires delivery to be made according to the following schedule:
ITEM NO. QUANTITY WITHIN TIME PERIOD AFTER DATE OF CONTRACT
AWARD
0001 1 LO 30 DAYS FOR DRAFT DESIGN. 90 DAYS FOR FINAL
DESIGN.
0003 1 LO 9 MONTHS
0004 2 AXES 9 MONTHS
OPTION 1
2 AXES 9 MONTHS
OPTION 2
2 AXES 9 MONTHS
0007 1 LO 9 MONTHS
0008 1 LO WITHIN 30 DAYS OF DELIVERY, NOT TO EXCEED 9
MONTHS. CONTRACTOR SHALL PROVIDE 4 WEEKS
NOTICE BEFORE INSTALLATION FOR SHUT-DOWN
OF THE VACUUM CHAMBER.
0009 1 LO 9 MONTHS
0010 1 LO WITHIN 30 DAYS AFTER ACCEPTANCE
The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.
OFFEROR'S PROPOSED DELIVERY SCHEDULE
ITEM NO. QUANTITY WITHIN TIME PERIOD AFTER DATE OF CONTRACT
AWARD
0001 1 LO
0003 1 LO
0004 2 AXES
OPTION 1
2 AXES
OPTION 2
2 AXES
0007 1 LO
0008 1 LO
0009 1 LO
0010 1 LO
(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (i) five calendar days for delivery of the award through the ordinary mails or
(ii) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.
F-3 DELIVERIES OR PERFORMANCE
(a) The period of performance under this contract shall be from date of award through nine months.
(b) The principal place of performance of this contract shall be the Contractor’s facility.
F-4 PLACE OF DELIVERY - FOB DESTINATION
The contractor shall deliver supplies, all transportation charges paid, to destination in accordance with the clause in Section F of the Schedule titled FAR 52.247-34 FOB Destination (NOV 1991).
Receiving Officer
Naval Research Laboratory
Contract Number
ATTN: *Insert Technical Manager or COR
CODE: *Insert
LOCATION: *Insert
Bldg. 49
4555 Overlook Avenue, SW
Washington DC 20375-5320
(* To be filled in at time of award.)
SECTION G
CONTRACT ADMINISTRATION DATA
G-1 CONTRACT ADMINISTRATION
In order to expedite administration of this contract, the following delineation of duties is provided, including the names and contact information, for each individual or office specified. Contact the individual/position designated as having responsibility for any questions, clarifications or information regarding the functions assigned herein.
(a) The Administrative Contracting Officer (ACO), designated in Block 6 on the Standard Form 26, will expedite administration of the contract and direct inquiries to the appropriate off ice listed below.
(b) The Contract Administration Office (CAO) designated in Block 20A on the Standard Form 26 is responsible for all matters specified in FAR 42.302(a) and DFARS 242.302(a), except in those areas otherwise designated herein.
Contract Specialist Grace A Pennington, grace.pennington@nrl.navy.mil, (202) 767-0682
Security Matters Contracting Officer for Security, Code 1226, (202) 767-2240, DSN 297-2240, email security-group@nrl.navy.mil.
Safety Matters Contracting Officer for Security, Code 1226, (202) 767-2240, DSN 297-2240, email security-group@nrl.navy.mil.
Patent Matters Associate Counsel (Intellectual Property), Code 1008.2,
(202) 404-1552, DSN 297-1552, email patents@nrl.navy.mil.
Release of Data Public Affairs Officer, Code 1030, (202) 767-2541, DSN 297-2541, email publicaffairs@nrl.navy.mil.
(c) Inquiries regarding payment should be referred to DFAS at http://www.dod.mil/dfas/contractorpay/myinvoice.html
G-2 252.232-7006 – WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY
2013)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Invoice and Receiving Report (COMBO)
(Contracting Officer: Insert applicable document type(s).
Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
NRL, Washington DC
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
ROUTING DATA TABLE*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC
Issue By DoDAAC N00173
Admin DoDAAC
Inspect By DoDAAC N00173
Ship To Code N00173 Extension
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC) N00173 Extension
Accept at Other DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
COR NAME@nrl.navy.mil
AO NAME@nrl.navy.mil
(Contracting Officer: Insert applicable email addresses or “Not applicable.”)
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
Donna Dargan: donna.dargan@nrl.navy.mil or 202-767-0547
Jovanka Caton-Campbell: Jovanka.Caton@nrl.navy.mil or 202-404-3557
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
G-3 CONTRACTING OFFICER’S REPRESENTATIVE (COR) – FUNCTIONS AND
LIMITATIONS
(a) Insert Name, Code and Phone, Insert email is hereby designated as the Contracting Officer's Representative (COR). Unless terminated sooner, this appointment is effective for the period of performance of this contract including any options, if exercised. COR authority may not be re-delegated. No change in COR assignment shall be made without written notice by the Contracting Officer, who will modify the contract to reflect the change of COR assignment. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor via contract modification.
(b) The responsibilities and limitations of the COR are as follows:
(1) Providing technical direction and guidance as necessary with respect to the performance of work under this contract. Technical direction and guidance may be used to provide technical advice/recommendations/clarifications on the statement of work/specifications. It MAY NOT be used to tell the contractor how to perform the work.
(2) Submitting interim and final Contractor Performance Assessment Reports (CPARS) at www.cpars.csd.disa.mil/cparsmain.htm.
(3) Quality assurance of services performed or deliveries made
(4) Inspection and acceptance of services or deliverables
(5) Ensuring that Government Furnished Property, to include any contractor use of on-site equipment and/or IT resources is adequately monitored and accounted for.
(6) Security requirements on Government installation, such as the request and retrieval of personnel security badges and vehicle passes.
(7) Monitoring contractor's performance and promptly report problems and recommendations for corrective action to the PCO
(8) Annually, furnish a written report on performance of the contractor to the PCO. And, if deemed necessary, attending a follow-up meeting to discuss.
(9) Attend post award conference, if conducted.
(10) Ensuring a copy of all Government technical correspondence, to include Technical Direction Memorandums/Guidance, is forwarded to the PCO for placement in the contract file.
(11) Monitoring of funds expended
(12) Ensuring that the Contractor
(13) does not exceed the defined statement of work set forth in the contract.
(c) Limitations: The COR is not authorized to take any action, either directly or indirectly, that could result in a change in the cost/price, quantity, quality, place of performance, delivery schedule, or any other terms or conditions of the contract. If, as a result of technical discussions, it is desirable to alter contract obligations or the statement of work/specifications, a modification must be issued in writing and signed by the Contracting Officer in order to effect such changes. No such changes shall be made without the express written prior authorization/direction of the Contracting Officer.
SECTION H
SPECIAL CONTRACT REQUIREMENTS
H-1 TYPE OF CONTRACT
(To be filled in at time of award)
H-2 ONR 5252.235-9714 - REPORT PREPARATION (JUL 2005)
Scientific or technical reports prepared by the Contractor and deliverable under the terms of this contract will be prepared in accordance with format requirements contained in ANSI/NISO Z39.18- 2005, Scientific and Technical Reports: Elements, Organization, and Design.
[NOTE: All NISO American National Standards are available as free, downloadable pdf(s) at http://www.niso.org/standards/index.html. NISO standards can also be purchased in hardcopy form from NISO Press Fulfillment, P. O. Box 451, Annapolis Junction, MD 20701-0451 USA. Telephone U.S. and Canada: (877) 736-6476; Outside the U.S. and Canada: 301-362-6904 fax: 301-206-9789.]
H-3 ELECTRONIC AND INFORMATION TECHNOLOGY (EIT)
In accordance with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), all EIT supplies and services provided under this contract must comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR part 1194 (see FAR Subpart 39.2). Electronic and information technology (EIT) is defined at FAR 2.101.
H-4 UNCLASSIFIED CONTRACT
This is an unclassified contract. Therefore, access to classified information or work in a classified area is not authorized.
H-5 REPRESENTATIONS AND CERTIFICATIONS
The Contractor’s SAM Representations and Certifications valid from ______ to ______ are incorporated herein by reference.
The Contract Specific Representations and Certifications submitted by the contractor for this award are hereby incorporated by reference.
H-6 ORGANIZATIONAL CONFLICTS OF INTEREST
(a) Definitions.
The term “contractor” includes the Contractor and its employees, affiliates, marketing consultants (if any), consultants, and subcontractors at all tiers.
“Organizational Conflict of Interest” (“OCI”) means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. FAR 2.101. An OCI may result when (1) activities or relationships create an actual or potential conflict of interest related to the performance of the Statement of Work (SOW) of this Contract; or, (2) when the nature of the SOW on this Contract creates an actual or potential conflict of interest with respect to the Contractor in relation to a future acquisition.
“Marketing consultant,” means any independent contractor who furnishes advice, information, direction, or assistance to an offeror or any other contractor in support of the preparation or submission of an offer for a Government contract by that offeror. An independent contractor is not a marketing consultant when rendering— (1) Services excluded in FAR Subpart 37.2; (2) Routine engineering and technical services (such as installation, operation, or maintenance of systems, equipment, software, components, or facilities); (3) Routine legal, actuarial, auditing, and accounting services; and (4) Training services.
(b) In accordance with the guidance in FAR Subpart 9.5, the Contracting Officer has determined that potentially significant organizational conflicts of interest (OCIs) could result if the Contractor is allowed to participate (at any level) in future Federal Government acquisitions that include requirements that may be established or affected by the performance of the Statement of Work (SOW) by the Contractor under this Contract.
(c) It is understood and agreed that the Contractor may be ineligible (unless expressly exempted as provided in FAR Part 9.5) to act as a prime contractor, subcontractor, or consultant or subcontractor to any prime contractor or subcontractor at any tier, for any future requirements (for services, systems, or components of systems) procured by any Federal Government activity where the Contractor, in performance of the SOW under this Contract, has provided or is providing support (as described in FAR 9.505-1 through 9.505-4) that establishes or affects future requirements or may affect the future competition.
(d) The contracting officer responsible for securing future requirements, in his/her sole discretion, may make a determination to exempt the Contractor from ineligibility as described in subparagraph (c) above provided the Contractor submits an acceptable mitigation plan.
(1) Items for consideration in a mitigation plan include the following: identification of the organizational conflict(s) of interest; a reporting and tracking system; an organizational conflict of interest compliance/enforcement plan, to include employee training and sanctions, in the event of unauthorized disclosure of sensitive information; a plan for organizational segregation (e.g., separate reporting chains); data security measures; and, non-disclosure agreements.
(2) The Government's determination regarding the adequacy of the mitigation plan or the possibility of mitigation is a unilateral decision made solely at the discretion of the Government and is not subject to the Disputes clause of the contract. The Government may terminate the contract for default if the Contractor fails to implement and follow the procedures contained in any approved mitigation plan.
(3) Nothing contained herein shall preclude the contracting officer in future Federal Government acquisitions from making his/her own determination as to whether an OCI exists and whether any such OCI has been successfully mitigated.
(e) The Contractor shall apply this clause to any subcontractors or consultants who: have access to proprietary information received or generated in the performance of this Contract; and/or, who participate in the development of data, or participate in any other activity related to this Contract which is subject to the terms of this clause at the prime contractor level.
(f) The Contactor agrees that it and its subcontractors at all levels shall use reasonable diligence in protecting proprietary data/information that is received or generated in performance of this Contract in accordance with this clause and any other clause of this Contract pertaining to the nondisclosure of information. The Contractor further agrees that neither it nor its subcontractors will willfully disclose proprietary data/information that is received or generated in the performance of this Contract without the prior permission of the Contracting Officer, and that proprietary information shall not be duplicated, used or disclosed, in whole or part, for any purpose other than to accomplish the work required by the Contract.
(g) The Contractor and its Subcontractors at all levels shall inform their employees that they are required to comply with the applicable requirements and restrictions contained in: restrictive markings applicable to data/information that they receive or generate in the performance of this Contract; FAR Subpart 9.5 pertaining to actual or potential OCIs; FAR 3.104 pertaining to requirements and restrictions under the Procurement Integrity Act; and, Defense FAR Supplement (DFARS) 252.204- 7000 pertaining to “Disclosure of Information.”
(h) The Contractor agrees to enter into written agreements with all companies whose proprietary data it shall have access to and to protect such data from unauthorized use or disclosure as long as it remains proprietary. The Contractor shall furnish to the Contracting Officer copies of these written agreements. The Contractor agrees to protect the proprietary data and rights of other organizations disclosed to the Contractor during performance of this Contract with the same caution that a reasonably prudent Contractor would use to safeguard its own highly valuable property. The Contractor agrees to refrain from using proprietary information for any purpose other than that for which it was furnished.
(i) The Contractor shall not distribute reports, data or information of any nature received or arising from its performance under this Contract, except as provided by this Contract or as may be directed by the Contracting Officer.
(j) The Contractor agrees that if in the performance of this Contract it discovers a potential OCI, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall include a description of the actions the Contractor has taken, or proposes to take, to avoid or mitigate such conflicts.
H-7 SPECIAL CONTRACT REQUIREMENT REGARDING NON-DISCLOSURE OF
INFORMATION
Data includes all data, information and software, regardless of the medium (e.g. electronic or paper) and/or format in which the data exists, and includes data which is derived from, based on, incorporates, includes or refers to such data. In the course of performing this Contract, the Contractor may be or may have been given access to: Source Selection Information [as defined in Federal Acquisition Regulation (FAR) 3.104]; data that has been assigned (or data that is generated by the Contractor that should be assigned) a contractually required or other Government distribution control (such as a Distribution Statement prescribed in DoD Directive 5230.24); and/or data that has been given a restrictive legend by the source of the data such as “business sensitive,” “proprietary,” “confidential,” or word(s) with similar meaning that impose limits on the use and distribution of the data (see for example FAR 52.215-1(e)). All such data with limitations on use and distribution are collectively referred to herein as “protected data.”
This Special Contract Requirement supplements and implements Defense FAR Supplement (DFARS) 252.204-7000, “DISCLOSURE OF INFORMATION.” As a condition to receiving access to protected data, the Contractor shall: (1) prior to having access to protected data, obtain the agreement of the source of the protected data to permit access by the Contractor to such protected data; (2) use the protected data solely for the purpose of performing duties under this Contract unless otherwise permitted by the source of the protected data; (3) not disclose, release, reproduce or otherwise provide or make available the protected data, or any portion thereof, to any employee of the Contractor unless and until such employee has been informed of the restrictions on use and distribution of the protected data and agreed in writing to conform with the applicable restrictions; (4) not disclose, release, reproduce or otherwise provide or make available the protected data, or any portion thereof, to any non- Government person or entity (including, but not limited to, affiliates, subcontractors, successors and assignees of the Contractor), unless the Contracting Officer and the source of the protected data have given prior written approval (which shall be conditioned upon the person receiving the protected data having been informed of the restrictions on use and distribution of the protected data and having agreed in writing to conform with the applicable restrictions; (5) establish and execute safeguards to prevent the unauthorized use or distribution of protected data.
Any unauthorized use, disclosure or release of protected data may result in substantial criminal, civil and/or administrative penalties to the Contractor or to the individual who violates a restriction on use or distribution of protected data. Any agreement with another company regarding access to that company’s protected data shall not create any limitation on the Government or its employees with regard to such data. A copy of each executed company and individual non-disclosure agreement relating to this Contract shall be provided to the Contracting Officer’s Representative (COR).
Appropriate restrictive legends will be included by the Contractor on any copies and reproductions made of all or any part of the protected data and any data that is derived from, based upon, incorporates, includes or refers to the protected data. When the Contractor’s need for such protected data ends, the protected data shall be returned promptly to the source of the protected data with notice to the COR. However, the obligation not to use, disclose, release, reproduce or otherwise provide or make available such protected data, or any portion thereof, shall continue, even after completion of the Contract, for so long as required by the terms of any agreement pertaining to the protected data between the Contractor and the source of the protected data, or (in the case of Government information) for so long as required by applicable law and regulation. Any actual or suspected unauthorized use, disclosure, release, or reproduction of protected data or violation of this agreement, of which the company or any employee is or may become aware, shall be reported promptly (within one business day after discovery and confirmation) to the Contracting Officer’s Representative (COR).
PART II - CONTRACT CLAUSES
SECTION I
CONTRACT CLAUSES
I-1 FAR 52.252-2 - CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same 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):
http://farsite.hill.af.mil/farsite.html http://heron.nrl.navy.mil/contracts/home.htm
a. FEDERAL ACQUISITION REGULATION CLAUSES
FAR CLAUSE TITLE
52.202-1 Definitions (NOV 2013)
52.203-3 Gratuities (APR 1984)
52.203-5 Covenant Against Contingent Fees (APR 1984)
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
(JAN 1997)
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity (JAN 1997)
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
(OCT 2010)
52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights
(APR 2014)
52.204-4 Printed Or Copied Double-Sided On Recycled Paper (MAY 2011)
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
(JUL 2013)
52.204-13 System for Award Management Maintenance (JUL 2013)
52.204-14 Service Contract Reporting Requirements (JAN 2014)
52.204-19 Incorporation by Reference of Representations and Certifications
(DEC 2014)
FAR CLAUSE TITLE
{IAW 4.1202 (B),, ALL EXCEPT COMMERCIAL.
IF 52.204-7 INCLUDED DO NOT INCLUDE
REPS AND CERTS AT 4.1202(A)}
52.209-6 Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, Or Proposed For Debarment
(AUG 2013)
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
(DEC 2014)
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)
52.215-14 Integrity Of Unit Prices (OCT 2010)
52.215-17 Waiver Of Facilities Capital Cost Of Money (will be included if the successful offeror does not propose facilities capital cost of money)
(OCT 1997)
52.215-21 Requirements For Cost Or Pricing Data Or Information Other Than Cost or Pricing Data -Modifications
(OCT 2010)
with Alternate III (OCT 1997) with Alternate IV (FILL IN: Type of data and format to be determined)
(OCT 2010)
52.219-4 Notice Of Price Evaluation Preference For HUBZone Small Business Concerns Offeror elects to waive the evaluation preference.
(JAN 2011)
52.219-8 Utilization Of Small Business Concerns (OCT 2014)
52.219-28 Post-Award Small Business Program Representation (JUL 2013
52.222-3 Convict Labor (JUN 2003)
52.222-19 Child Labor – Cooperation With Authorities And Remedies (JAN 2014)
52.222-20 Contracts for Materials, Supplies, Articles and Equipment Exceeding $15,000
(MAY 2014)
52.222-21 Prohibition Of Segregated Facilities (APR 2015)
52.222-26 Equal Opportunity (APR 2015)
52.222-37 Employment Reports On Veterans (JUL 2014)
52.222-40 Notification of Employee Rights Under the National Labor Relations Act
(DEC 2010)
FAR CLAUSE TITLE
52.222-50 Combating Trafficking In Persons (MAR 2015)
52.222-54 Employment Eligibility Verification (AUG 2013)
52.223-6 Drug-Free Workplace (MAY 2001)
52.223-13 Acquisition of EPEAT-Registered Imaging Equipment (JUN 2014)
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)
52.227-3 Patent Indemnity (APR 1984)
52.227-14 Rights in Data – General (MAY 2014)
52.227-16 Additional Data Requirements (JUN 1987)
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)
52.232-9 Limitation on Withholding of Payments (APR 1984)
52.232-11 Extras (APR 1984)
52.232-16 Progress Payments (APR 2012)
52.232-17 Interest (MAY 2014)
52.232-23 Assignment Of Claims (MAY 2014) with Alternate I (APR 1984)
52.232-25 Prompt Payment (MAY 2014)
52.232-33 Payment By Electronic Funds Transfer-System for Award Management
(JUL 2013)
52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors Disputes
(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)
52.242-13 Bankruptcy (JUL 1995)
52.243-1 Changes – Fixed Price (AUG 1987)
FAR CLAUSE TITLE
52.243-6 Change Order Accounting (APR 1984)
52.244-6 Subcontracts For Commercial Item (APR 2015)
52.246-23 Limitation Of Liability (FEB 1997)
52.247-64 Preference For Privately Owned U.S. Flag Commercial Vessels
(FEB 2006)
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 And Service) (APR 1984)
52.253-1 Computer Generated Forms (JAN 1991)
b. DEPARTMENT OF DEFENSE FEDERAL ACQUISITION REGULATION CLAUSES
DFARS CLAUSE TITLE
252.201-7000 Contracting Officer's Representative (DEC 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)
252.203-7999 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements(Class Deviation 2015-O0010)
(FEB 2015)
252.204-7002 Payment For Subline Items Not Separately Priced (DEC 1991)
252.204-7003 Control Of Government Personnel Work Product (APR 1992)
252.204-7004 Alternate A, System for Award Management (FEB 2014)
252.204-7006 Billing Instructions (OCT 2005)
252.204-7012 Safeguarding of Unclassified Controlled Information (NOV 2013)
252.204-7015 Disclosure of Information to Litigation Support Contractors (FEB 2014)
252.209-7004 Subcontracting With Firms That Are Owned Or Controlled By The Government Of A Terrorist Country
(DEC 2014)
252.211-7006 Passive Radio Frequency Identification (SEP 2011)
252.211-7008 Use of Government-assigned Serial Numbers (SEP 2010)
252.223-7006 Prohibition On Storage And Disposal Of Toxic And Hazardous Materials}
(SEP 2014)
252.225-7002 Qualifying Country Sources As Subcontractors (DEC 2012)
252.225-7012 Preference For Certain Domestic Commodities (FEB 2013)
252.225-7013 Duty Free Entry (NOV 2014)
252.225-7016 Restriction On Acquisition Of Ball And Roller Bearings (JUN 2011)
252.225-7021 Trade Agreements (NOV 2014)
252.227-7000 Non-Estoppel (OCT 1966)
252.227-7013 Rights In Technical Data -- Noncommercial Items (FEB 2014)
252.227-7014 Rights In Noncommercial Computer Software And Noncommercial Computer Software Documentation
(FEB 2014)
252.227-7016 Rights In Bid Or Proposal Information (JAN 2011)
252.227-7019 Validation Of Asserted Restrictions--Computer Software (SEP 2011)
252.227-7030 Technical Data--Withholding Of Payment (MAR 2000)
252.227-7037 Validation Of Restrictive Markings On Technical Data (JUN 2013)
252.227-7038 Patent Rights-Ownership By The Contractor (Large Business)
(JUN 2012)
252.227-7039 Patents--Reporting Of Subject Inventions (APR 1990)
252.231-7000 Supplemental Cost Principles (DEC 1991)
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
(JUN 2012)
252.232-7004 DoD Progress payment Rates (OCT 2001)
252.232-7010 Levies On Contract Payments (DEC 2006)
252.239-7000 Protection Against Compromising Emanations (JUN 2004)
252.242-7004 Material Management and Accounting System (MAY 2011)
252.242-7005 Contractor Business Systems (FEB 2012)
252.242-7006 Accounting System Administration (FEB 2012)
252.243-7001 Pricing of Contract Modifications (DEC 1991)
252.243-7002 Requests For Equitable Adjustment (DEC 2012)
252.244-7000 Subcontracts For Commercial Items (JUN 2013)
252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System
(MAY 2014)
252.247-7023 Transportation Of Supplies By Sea (APR 2014)
252.247-7024 Notification Of Transportation Of Supplies By Sea (MAR 2000)
I-2 FAR 52.222-35 - EQUAL OPPORTUNITY FOR VETERANS (JUL 2014)
(a) Definitions. As used in this clause--
“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,’ and “recently separated veteran” have the meanings given at FAR 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate of identify properly the parties and their undertakings.
(End of Clause)
I-3 FAR 52.222-36 - AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES
(JUL 2014)
As prescribed in 22.1408(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
(End of Clause)
I-4 52.223-11 - Ozone-Depleting Substances (MAY 2001)
(a) Definitions. “Ozone-depleting substance”, as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as –
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons.
(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:
WARNING
Contains (or manufactured with, if applicable) Fill-in, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.
*The Contractor shall insert the name of the substance(s).
I-5 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(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 Defense Federal Acquisition Regulation Supplement (48 CFR Ch 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
(End of Clause)
I-6 252.211-7003 Item Identification and Valuation (DEC 2013)
(a) Definitions. As used in this clause— “Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.
“Concatenated unique item identifier” means—
(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or
(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.
“Data matrix” means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.
“Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.
“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.
“DoD item unique identification” means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.
“Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.
“Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency.
“Government’s unit acquisition cost” means—
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery; and
(3) For items produced under a time-and-materials contract, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery.
“Issuing agency” means an organization responsible for assigning a globally unique identifier to an enterprise (i.e., Dun & Bradstreet’s Data Universal Numbering System (DUNS) Number, GS1 Company Prefix, Allied Committee 135 NATO Commercial and Government Entity (NCAGE)/
Commercial and Government Entity (CAGE) Code, or the Coded Representation of the North American Telecommunications Industry Manufacturers, Suppliers, and Related Service Companies (ATIS-0322000) Number), European Health Industry Business Communication Council (EHIBCC) and Health Industry Business Communication Council (HIBCC)), as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.nen.nl/Normontwikkeling/Certificatieschemas-en-keurmerken/Schemabeheer/ISOIEC- 15459.htm under “Register.”
“Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise identifier.
“Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.
“Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.
“Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.
“Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.
“Parent item” means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.
“Serial number within the enterprise identifier” means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.
“Serial number within the part, lot, or batch number” means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.
“Serialization within the enterprise identifier” means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.
“Serialization within the part, lot, or batch number” means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.
“Type designation” means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.
“Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.
“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.
(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.
(c) Unique item identifier.
(1) The Contractor shall provide a unique…
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