N00173-15-R-JM02_Combination_Synopsis_-_Solicitation.pdf

COMBINED SYNOPSIS / SOLICITATION

N00173-15-R-JM02

This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format in

Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. This requirement is a 100% small business set-aside under NAICS Code 334413 – Semiconductor and Related Device Manufacturing.

The Product Classification Code is 3670 – Printed Circuit Board Manufacturing Machinery. The

Government reserves the right to award without discussions.

Solicitation documents and incorporated provisions are those in effect through Federal Acquisition

Circular 2005-82, DPN 20150420, and NMCARS 13-05.

The Naval Research Lab (NRL) in Washington, DC, intends to negotiate a firm, fixed-price contract for the acquisition of materials listed below. This combined synopsis/solicitation, N00173-15-R-JM02, is issued as a Request for Proposal (RFP). The associated small business size standard is 500 employees.

The Naval Research Laboratory (NRL) is searching for a Deposition System that will be installed at NRL, which will be used to support ongoing research by the Electromagnetics Technology Branch of the

Electronics Science and Technology Division.

The Deposition System is needed to provide a means of removing adsorbed molecules from substrates prior to deposition, depositing refractory metals without over-heating photoresist, and depositing metal-oxide and metal-nitride compounds with specific properties. NRL anticipates these needs can be met using an ultra-high vacuum chamber equipped with a controlled temperature specimen stage, an electron beam heated hearth for producing metal vapor, and a plasma source capable of producing either purely neutral atom flux or ion flux with controlled ion energy. The system should be equipped with a load lock to reduce the time and labor associated with recovering UHV conditions after changing the specimen.

NRL does not anticipate a need to coat specimens larger than 4”. NRL anticipates some additions and modifications to the deposition system as needs and processes are developed, hence the system should be built to accommodate such modification as much as is practical. The branch currently owns and operates both molecular beam epitaxy (MBE) machines and conventional e-beam metal coating systems, the new system is intended to provide much of the function of MBE in situations where true epitaxy is not possible and/or not required.

Proposal Submission Information:

Proposals are due by August 17, 2015 at 1:00 p.m. Eastern Daylight Time. Contact the following individuals for information regarding this solicitation:

NOTE: Proposals must be submitted via e-mail in either Microsoft Word or .pdf format. The attachments to any single e-mail may not exceed a total of 15 MB. The e-mail(s) should have in the subject line solicitation number N00173-15-R-JM02 and due date and time. The e-mail addresses for submission of proposals are Jim Thomasson and Lorenza Barnes at jim.thomasson@nrl.navy.mil and lorenza.barnes@nrl.navy.mil. Submit proposals to both specialists.

Jim Thomasson

Contract Specialist jim.thomasson@nrl.navy.mil mailto:jim.thomasson@nrl.navy.mil

Lorenza Barnes

Contract Specialist lorenza.barnes@nrl.navy.mil

Contract Line Item Numbers (CLINS)

Item

No.

Schedule of Supplies/Services Quantity Unit Unit Price Amount

One Deposition System

PSC 3670

1 EA $_______ $_______

0001AA System Description 1 EA NSP* NSP*

0001AB Manual 1 EA NSP* NSP*

0001AC

One Deposition System consisting of the system and associated components and parts in accordance with Attachment 1, Specifications

1 EA NSP* NSP*

0001AD Installation and testing 1 EA NSP* NSP*

0001AE Training 1 EA NSP* NSP*

0001AF Warranty 1 YEAR NSP* NSP*

*Not separately priced

Delivery and Acceptance Location: NRL, 4555 Overlook Ave., S.W., Washington, D.C. 20375

FOB Destination.

Acceptance: The system will be accepted after all of the contract requirements have been met: after the

System Description has been received and approved, the Manual has been received and approved, the system itself has been delivered, the system has been installed, the system has been tested and training has been completed. Acceptance will only occur after all these requirements have been met. Payment will be made after acceptance unless contract financing is requested and approved. Contract financing can be requested under the terms specified in the Addenda to FAR 52.212-4 Contract Terms and Conditions-

Commercial Items (MAY 2015), Section E. Payment and Invoice Instructions. Proposals requesting contract financing with terms and conditions other than those authorized in Section E will not be accepted.

mailto:lorenza.barnes@nrl.navy.mil

CONTRACT CLAUSES

The following clauses apply to this acquisition:

FAR 52.212-4, Contract Terms and Conditions-Commercial Items (MAY 2015) AND ADDENDA

TO FAR 52.212-4 Contract Terms and Conditions-Commercial Items (MAY 2015)

A. Required Deliveries

The required deliveries and delivery dates are as follows:

Item

No.

Quantity Delivery Date

0001AA System Description With 30 days of contract award (The Government will then have 14 days to either accept or reject the drawings.)

0001AB Manual

A draft manual must be delivered 2 weeks prior to installation/training.

The final manual must be approved prior to acceptance.

0001AC

One Deposition System consisting of the system and associated components and parts in accordance with Attachment 1, Specifications

Delivery must occur within 6 months after approval of the system description.

0001AD Installation and testing

The date of installation and training will be determined for mutual convenience, but must occur before acceptance.

0001AE Training

The date of installation and training will be determined for mutual convenience, but must occur before acceptance.

0001AF Warranty With system.

B. Authorized Government Representative

Authorized Government Representative (AGR) for Inspection and Acceptance – (TO BE COMPLETED

AT TIME OF AWARD), Code (TO BE COMPLETED AT TIME OF AWARD), Telephone number

(TO BE COMPLETED AT TIME OF AWARD), email: (TO BE COMPLETED AT TIME OF

AWARD).

Security Matters- Contracting Officer for Security, Code 1226, telephone number: (202) 767-2240, DSN

297-2240, email: security-group@nrl.navy.mil.

Safety Matters- Head Safety Branch, Code 3540, telephone number: (202) 767-2232, DSN 297-2232, email: safety@nrl.navy.mil.

C. Electronic and Information Technology (EIT)

In accordance with Section 508 of the Rehabilitation Act of 1973 (29 USC 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.

mailto:safety@nrl.navy.mil

D. Requirements for On-Site Contractors

For those portions of the work under this contract performed at any NRL site, the contractor shall comply with the Requirements for On-Site Contractors dated 8 December 2009 which are hereby incorporated by reference. The full text is available at http://heron.nrl.navy.mil/contracts/15onsite.htm

Pursuant to DFARS 211.106 contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. In addition, contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

E. Payment and Invoice Instructions

Payment

Payment after Acceptance:

Payment will be made after acceptance, unless contract financing is requested and approved. The system will be accepted after all of the contract requirements have been met: after the System Description has been received and approved, the Manual has been received and approved, the system itself has been delivered, the system has been installed, the system has been tested and training has been completed.

Acceptance will only occur after all these requirements have been met. After acceptance, the vendor shall submit an invoice through Wide Area Work Flow. The AGR will review the request and approve based on acceptance. Wide Area Work Flow will process the payment.

Payments using Contract Financing

If requested in writing, contract financing may be authorized in the form of up to two interim payments in addition to a final payment. Meeting the criteria needed to reach each of the following milestones is required to receive each payment. The maximum interim payment percentage that can be requested and the criteria to receive each interim payment are provided below.

Milestone 1: Delivery of system description.

Interim Payment Percentage: 15%

Criterion: AGR approval of delivered document consistent with accepted proposal

Milestone 2:

Purchase of all commercial parts and completion of components created in-house specified in the technical proposal.

Interim Payment Percentage: 75%

Criteria: AGR approval of invoices provided for third party commercial parts. AGR approval of evidence of completion (for example, photographs) and evidence of market value for components created in-house.

Milestone 3:

Acceptance of system after installation and training on working system.

Final Payment Percentage: 10%

Criterion: Completion of all contract requirements and AGR approval

Interim contract finance payments are calculated as a percentage of the whole value of the whole contract.

Correspondingly, the liquidations rates are on a whole contract basis.

The contractor’s financial condition has been / has not been (To be completed at time of award) accepted as adequate security for commercial financing payments. If not accepted, the following alternate form of security has been accepted_________. (To be completed at time of award).

A paramount lien, a lien against other assets or one of the following other forms of security may be considered.

Other acceptable forms of security include –

(1) An irrevocable letter of credit from a federally insured financial institution;

(2) A bond from a surety, acceptable in accordance with Part 28 (note that the bond must guarantee repayment of the unliquidated contract financing);

(3) A guarantee of repayment from a person or corporation of demonstrated liquid net worth, connected by significant ownership to the contractor; or

(4) Title to identified contractor assets of adequate worth.

The contracting officer may exercise the Government’s rights to require other security under paragraph

(c), Security for Government Financing, of the clause at 52.232-29, Terms for Financing of Purchases of

Commercial Items, in the event the contractor’s financial condition changes and is found not to be adequate security.

In accordance with FAR 32.901, prompt payment policies and procedures do not apply to contract financing payments, but do apply to the final invoice payment after acceptance.

Terms for Financing of Purchases of Commercial Items (Feb 2002)

(a) Contractor entitlement to financing payments. The Contractor may request, and the Government shall pay, a contract financing payment as specified elsewhere in this contract when: the payment requested is properly due in accordance with this contract; the supplies deliverable or services due under the contract will be delivered or performed in accordance with the contract; and there has been no impairment or diminution of the Government’s security under this contract.

(b) Special terms regarding termination for cause. If this contract is terminated for cause, the Contractor shall, on demand, repay to the Government the amount of unliquidated contract financing payments. The

Government shall be liable for no payment except as provided by the Termination for Cause paragraph of the clause at 52.212-4, Contract Terms and Conditions-Commercial Items.

(c) Security for Government financing. In the event the Contractor fails to provide adequate security, as required in this contract, no financing payment shall be made under this contract. Upon receipt of adequate security, financing payments shall be made, including all previous payments to which the

Contractor is entitled, in accordance with the terms of the provisions for contract financing. If at any time the Contracting Officer determines that the security provided by the Contractor is insufficient, the

Contractor shall promptly provide such additional security as the Contracting Officer determines necessary. In the event the Contractor fails to provide such additional security, the Contracting Officer may collect or liquidate such security that has been provided and suspend further payments to the

Contractor; and the Contractor shall repay to the Government the amount of unliquidated financing payments as the Contracting Officer at his sole discretion deems repayable.

(d) Reservation of rights.

(1) No payment or other action by the Government under this clause shall-

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government’s rights and remedies under this clause-

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(e) Content of Contractor's request for financing payment. The Contractor’s request for financing payment shall contain the following:

(1) The name and address of the Contractor;

(2) The date of the request for financing payment;

(3) The contract number and/or other identifier of the contract or order under which the request is made;

and

(4) An appropriately itemized and totaled statement of the financing payments requested and such other information as is necessary for computation of the payment, prepared in accordance with the direction of the Contracting Officer.

(f) Limitation on frequency of financing payments. Contractor financing payments shall be provided no more frequently than monthly.

(g) Dates for payment. A payment under this clause is a contract financing payment and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved payment requests within 30 days of submittal of a proper request for payment.

(h) Conflict between terms of offeror and clause. In the event of any conflict between the terms proposed by the offeror in response to an invitation to propose financing terms (52.232-31) and the terms in this clause, the terms of this clause shall govern.

(End of clause)

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. Acceptance will only occur after all requirements have been met and payment will be made only after acceptance has occurred. 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)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer:

Naval Research Laboratory, Washington, D.C. (N00173)

(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.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://www.acquisition.gov/

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC (TO BE COMPLETED AT TIME OF AWARD)

Issue By DoDAAC N00173

Admin DoDAAC (TO BE COMPLETED AT TIME OF AWARD)

Inspect By DoDAAC N00173

Ship To Code N00173

Mark For Code (TO BE COMPLETED AT TIME OF AWARD)

Service Approver (DoDAAC) N00173 Extension

Service Acceptor (DoDAAC) N00173 Extension

DCAA Auditor DoDAAC (TO BE COMPLETED AT TIME OF AWARD)

(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: (TO BE COMPLETED AT TIME OF AWARD)@nrl.navy.mil

AO: (TO BE COMPLETED AT TIME OF AWARD)@nrl.navy.mil

(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

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

F. Additional Clauses

The Contractor shall comply with the following FAR clauses, which are incorporated by reference.

52.203-3, Gratuites (APR 1984) (10 USC 2207).

52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

(SEP 2010)

52.203-12, Limitation on Payments To Influence Certain Federal Transactions (OCT 2010)

52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

52.204-7, System for Award Management (JUL 2013)

52.227-1, Authorization and Consent (DEC 2007)

52.227-2, Notice and Assistance Regarding Patent and Copywrite Infringement (DEC 2007)

52.232-18, Availability of Funds (APR 1984)

52.242-13, Bankruptcy (JUL 1995) mailto:scott.elliott@nrl.navy.mil mailto:megan.russo@nrl.navy.mil mailto:donna.dargarn@nrl.navy.mil mailto:jovanka.caton@nrl.navy.mil

52.242-15, Stop-Work Order (AUG 1989)

52.243-1, Changes – Fixed Price (AUG 1987)

52.247-34, FOB Destination (NOV 1991) )

52.253.1, Computer Generated Forms (JAN 1991) )

252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) (Section

847 of PL 110-181). )

252.203-7002, Requirement to Inform Employees of Whistleblower Rights (SEP 2013)

252.203-7003, Agency Office of the Inspector General (DEC 2012) (section 6101 of PL 110-252, 41

USC 3509)

252.203-7999, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements (DEVIATION 2015-O0010)(FEB 2015)

252.204-7012, Safeguarding of Unclassified Controlled Technical Information (NOV 2013)(41 U.S.C.

1303 and 48 CFR Chapter 1).

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)

252.223-7008, Prohibition of Hexavalent Chromium (JUN 2013)

252.225-7012, Preference for Certain Domestic Commodities (FEB 2013) (10 USC2533a).

252.227-7015, Technical Data--Commercial Items (FEB 2014) (10 USC 2320).

252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2013) (10 USC 2321).

252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (JUN 2012) (10 USC

2227)

252.232-7010, Levies on Contract Payments (DEC 2006)

252.232-7011, Payments in Support of Emergencies and Contingency Operations (MAY 2013)

252.243-7002, Requests for Equitable Adjustment (DEC 2012) (10 USC 2410).

252.244-7001, Contractor Purchasing System Administration—Alternate I (MAY 2014) (Section 818 of

PL 112-81).

252.246-7003, Notification of Potential Safety Issues (Jun 2013)

252.246-7007, Contractor Counterfeit Electronic Part Detection And Avoidance System (MAY 2014)

(Section 818 of PL 112-81 ).

252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 USC 2631).

(End of Clause)

FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive

Orders-Commercial Items (MAY 2015).

The Contractor shall comply with the following FAR clauses, which are incorporated by reference.

Paragraph (a)

52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

52.233-3, Protest After Award (Aug 1996)(31 U.S.C 3553).

52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Pub. L. 108-77, 108-78).

Paragraph (b)

52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509).

52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (JUL

2013) (PL 109-282) (31 USC 6101 note).

52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 USC 6101 note).

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section

738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L.

110-161).

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT

2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15

USC 657a).

52.219-6, Notice of Total Small Business Aside (NOV 2011) (15 USC 644).

Alternate II (NOV 2011).

52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 USC 637(d)(2) and (3)).

52.219-14, Limitations on Subcontracting (NOV 2011) (15 USC 637(a)(14)).

52.219-28, Post Award Small Business Program Rerepresentation (OCT 2014) (15 USC

632(a)(2)).

52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).

52.222-21, Prohibition of Segregated Facilities (APR 2015).

52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 USC 4212).

52.222-36, Affirmative Action for Workers with Disabilities (JUL 2014) (29 USC 793).

52.222-37, Employment Reports on Veterans (JUL 2014) (38 USC 4212).

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

(E.O. 13496).

52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (AUG 2011).

52.225-1, Buy American Act--Supplies (MAY 2014) (41 USC chapter 83).

52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the

Treasury).

52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran – Representation and Certifications (Dec 2012)

52.232-33, Payment by Electronic Funds Transfer—System for Award Management (JUL. 2013)

(31 USC 3332).

Paragraph (c)

None Applicable

Paragraph (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --

Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

Paragraph (e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter

67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause

52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.223-3 -- Hazardous Material Identification and Material Safety Data (JAN 1997)

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material

(If none, insert “None”)

Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a

Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of

Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard

No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the

Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the

Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to --

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

52.223-7 -- Notice of Radioactive Materials (JAN 1997)

(a) The Contractor shall notify the Contracting Officer or designee, in writing, ______________* days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either

(1) radioactive material requiring specific licensing under the regulations issued pursuant to the

Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal

Regulations, in effect on the date of this contract, or

(2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries.

Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-0107).

* The Contracting Officer shall insert the number of days required in advance of delivery of the item or completion of the servicing to assure that required licenses are obtained and appropriate personnel are notified to institute any necessary safety and health precautions. See FAR 23.601(d).

(b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause. Any such request shall --

(1) Be submitted in writing;

(2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed; and

(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.

(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract.

(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause.

52.223-11 - Ozone-Depleting Substances (MAY 2001)

(a) Definition. “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 USC 7671j (b), (c), and (d) and 40 CFR Part

82, Subpart E, as follows:

Warning

Contains (or manufactured with, if applicable) *_______, 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).

FAR 52.233-2 - SERVICE OF PROTEST (SEP 2006)

Protests, as defined in Section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Control Desk, Code 3200, Bldg. 222, Rm. 115, Naval Research

Laboratory, 4555 Overlook Ave., S.W., Washington DC 20375-5326.

The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

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.

http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html http://www.nen.nl/Normontwikkeling/Certificatieschemas-en-keurmerken/Schemabeheer/ISOIEC-15459.htm http://www.nen.nl/Normontwikkeling/Certificatieschemas-en-keurmerken/Schemabeheer/ISOIEC-15459.htm

“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 item identifier for the following:

(i) Delivered items for which the Government’s unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(ii) Items for which the Government’s unit acquisition cost is less than $5,000 that are identified in the

Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(If items are identified in the Schedule, insert “See Schedule” in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in

Attachment Number ____.

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in

Attachment Number ____.

http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology – International symbology specification – Data matrix; ECC200 data matrix specification.

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that—

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC

Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application

Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC

International Standard 15434, Information Technology – Transfer Syntax for High Capacity Automatic

Data Capture Media.

(5) Unique item identifier.

(i) The Contractor shall—

(A) Determine whether to—

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code—

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and

Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government’s unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph

(c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**