Solicitation_-_Ku_Band_Amplifier_-_V8_16Nov.pdf

16 Nov 2015

16 Dec 2015/11:30 AM EST

Solicitation No. N00173-16-R-JF01 2 | P a g e

1. CONTINUATION OF THE SF 1449 - SOLICITATION/CONTRACT/ORDER FOR

COMMERCIAL ITEMS

A. Blocks 19 – 24: are completed as follows:

CLIN 0001 reflects a three-year ordering period of performance and is broken into ordering periods to develop step-ladder pricing for contract Delivery Orders. Delivery orders issued via the contract shall incorporate the unit price based on pricing outlined in the corresponding ordering period.

CLIN 0002 reflects data requirements in accordance with Exhibit A of the contract, “DD 1423” and is Non Separately Priced (NSP). Minimum Order for award is Four (4) Units.

Item No. Schedule of Supplies/Services Quantity Unit Unit

Price Amount

Continuous Wave (CW) Microwave Power Module (MPM) Ku-Band Amplifier Volume Pricing Schedule

PSC 5840

See Table 1

EA

Data Requirements in accordance with Exhibit A DD 1423

NSP* NSP* NSP*

*NSP = Not Separately Priced

B. Volume Pricing Complete the table below for each of the years pricing schedule. After the issuance of a task order, NRL shall have a thirty (30) day window from the task order effective date to issue a modification to add additional Amplifiers to the existing task order in order to gain the applicable pricing efficiency in the below matrix. When the thirty (30) day period has elapsed, a new task order must be issued.

Table 1

Quantity (inclusive) Year 1 Unit Price Year 2 Unit Price Year 3 Unit Price

1 to 4 5 to 8 9 to 16 17 to 32 33 to 64 65 and over

2. ADDENDA TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL

ITEMS (May 2015) 52.222-56, Certification Regarding Trafficking in Persons Compliance Plan (MAR 2015)

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A. REQUIRED DELIVERY OR PERIOD OF PERFORMANCE

See Task Order for delivery schedule.

The effective period of this contract during which delivery orders/task orders may be issued is from date of contract award through 36 months.

Each delivery order/task order shall specify the place and period of performance.

B. MINIMUM AND MAXIMUM QUANTITIES

As contemplated by the contract clause entitled, "Indefinite Quantity", the minimum quantity that will be ordered by the Government during the effective period of the contract is one (1) with a total cost to the Government of at least $50,000.00.

The minimum and maximum quantities may consist of any combination of the items contained in the schedule of Supplies or Services set forth in Section 1.A. above.

C. AUTHORIZED GOVERNMENT REPRESENTATIVE

Authorized Government Representative (AGR) for Inspection and Acceptance- Code 5740, Telephone number (202)767-5934, email: gary.hoover@nrl.navy.mil.

Security Matters- Contracting Officer for Security, Code 1226, (202) 767-2240, DSN 297-2240, email:

security-group@nrl.navy.mil.

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

D. CONTRACTING OFFICER’S REPRESENTATIVE (COR) – Functions and Limitations

Gary Hoover, code 5744, Telephone number (202)767-5934, email: gary.hoover@nrl.navy.mil is hereby designated the cognizant COR who will represent the Contracting Officer in the technical monitoring and administration of this contract. The COR will accomplish inspection and acceptance of deliverables under this contract. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government. The COR does not have the authority to alter the Contractor's obligations or change the specifications in the contract. If, as a result of technical discussions, it is desirable to alter contract obligations or the statement of work, a modification must be issued in writing and signed by the Contracting Officer. 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 redelegated. 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.

E. ELECTRONIC AND INFORMATION TECHNOLOGY (EIT)

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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.

F. 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.

G. INCREMENTAL FUNDING

G-1 Orders issued under this contract may be incrementally funded. Incrementally funded orders will contain a provision substantially as follows: Pursuant to the Limitation of Funds clause (FAR 52.232-22), the total amount allotted to this order is *$ and it is estimated that this amount is sufficient for order performance through **.

G-2 FOR IDIQ CONTRACTS: PAYMENT INSTRUCTIONS FOR MULTIPLE ACCOUNTING

CLASSIFICATION CITATIONS

In accordance with PG1204.7108, clauses 252.204-0001 through 0011 are not applicable to this contract;

therefore, use PGI 204.7108(d)(12) Other and pay as follows: If there is more than one ACRN within a contract line item, the payment office will make payment using the ACRN(s) cited on the contractor's invoice. The non-standard clause (d) (12) Other provides a significantly better reflection of how funds will be expended in support of contract performance.

H. TASK ORDER CEILING PRICE

(a) The amount of $* is presently available for payment and allotted to this order. This amount is the ceiling price that the contractor shall not exceed except at its own risk. It is estimated that this amount is sufficient for performance of the order through * .

(b) The not-to-exceed price stated in Section B is the Government’s estimate of the price of the maximum labor and materials required to perform this order. The parties contemplate that the Government will allot additional funds incrementally to the order up to the full not-to-exceed amount or to a lesser amount necessary to perform the order.

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(c) The Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination for the Government’s convenience, approximates the total amount currently allotted to the order. The Contractor will not be obligated to continue work beyond that point.

The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the order regardless of anything to the contrary in any other clause or provision of this order.

(d) The Contractor shall notify the Contracting Officer in writing at least sixty days prior to the date when, in the Contractor’s best judgment, the work under the order will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate the total amount then allotted to the contract. The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance through the current period of performance or to a mutually agreed upon substitute date. If after such notification additional funds are not allotted by the date identified in the Contractor’s notification, or by an agreed substitute date, the Contracting Officer, upon the Contractor’s written request, will terminate the order on that date in accordance with the provisions of the Termination clause of this contract.

(e) If, solely by reason of failure of the Government to allot additional funds in amounts sufficient for timely performance of the order, the Contractor incurs additional costs or is delayed in the performance of the work under this order and if additional funds are allotted, an equitable adjustment will be made in the price or in the period of performance, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled “Disputes.”

(f) The Government may at any time prior to termination allot additional funds for the performance of the order.

(g) Nothing in this clause affects the rights of the Government to terminate this order pursuant to other clause or provisions of this contract.

( * To be filled in at time of award)

I. DELIVERY ORDER PROCEDURES FOR INDEFINITE QUANTITY CONTRACTS

The following procedure shall be followed when placing delivery orders under this contract:

(a) Only properly appointed Contracting Officers employed at the Naval Research Laboratory (NRL) shall issue delivery orders under this contract.

(b) A SF1449 will be issued for each delivery order. The SF 1449, "Solicitation/Contract/Order for Commercial Items", shall constitute the instrument for the placement of requirements under this contract.

(c) Delivery orders issued shall include, but not be limited to, the following information:

(1) Date of Order

(2) Contract Number and Delivery Order Number

(3) Accounting and Appropriation Data

(4) Description of the Item(s) to be delivered

(5) DD Form 1423 (Contract Data Requirements List)

(6) Place of Delivery

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(7) The Inspecting and Accepting Codes

(8) Period of Performance

(d) The ceiling amount for each delivery order will be the ceiling price stated therein and may not be exceeded except when authorized by a modification to the delivery order.

J. PAYMENT AND INVOICE INSTRUCTIONS

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)

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

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

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(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

Ship From Code N/A

Mark For Code N00173 Extension 5700

Service Approver (DoDAAC) N00173

Service Acceptor (DoDAAC) N00173

Accept at Other DoDAAC N/A

LPO DoDAAC N00173

DCAA Auditor DoDAAC ______

Other DoDAAC(s) N/A

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

COR: Gary Hoover, gary.hoover@nrl.navy.mil mailto:scott.elliott@nrl.navy.mil

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AO: Nancy White, nancy.white@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 Dargen: donna.dargen@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 866-618-88.

(End of clause)

3. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 USC 7104(g)).

Alternate I (MAR 2015) of 52.222-50 (22 USC 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 USC 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 USC 4704 and 10 USC 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

(4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (JUL 2013) (PL 109-282) (31 USC 6101 note).

mailto:nancy.white@nrl.navy.mil mailto:donna.dargen@nrl.navy.mil mailto:jovanka.caton@nrl.navy.mil

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(5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements

(JUL 2010) (PL 111-5).

(6) 52.204-14, Service Contract Reporting Requirements (Jan 2014)(Pub.L. 111-117, section 743 of Div C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)(Pub.L. 111-117, section 743 of Div C).

(8) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 USC 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 USC 2313).

(10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of PL 112-74, section 740 of Division C of PL 111-117, section 743 of Division D of PL 111-8, and section 745 of Division D of PL 110-161).

(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 USC 657a).

(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 USC 657a).

(13) [Reserved]

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

(ii) Alternate I (NOV 2011).

(iii) Alternate II (NOV 2011).

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 USC 644).

(ii) Alternate I (OCT 1995) of 52.219-7.

(iii) Alternate II (MAR 2004) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (MAY 2014) (15 USC 637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (JUL 2013) (15 USC 637 (d)(4).)

(ii) Alternate I (OCT 2001) of 52.219-9.

(iii) Alternate II (OCT 2001) of 52.219-9.

(iv) Alternate III (JUL 2010) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 USC 644(r)).

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(19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 USC 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 USC 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 USC 657f).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (OCT 2014) (15 USC 632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns (Jul 2013) (15.USC 637(m)).

(24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Jul 2013).

(25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O.

13126).

(27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

(29) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 USC 4212).

(30) 52.222-36, Affirmative Action for Workers with Disabilities (JUL 2014) (29 USC 793).

(31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 USC 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

(33) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(34) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 USC 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (MAY 2008) of 52.223-9 (42 USC 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(35) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

(ii) Alternate I (June 2014) of 52.223-13

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(36) 52.223-14, Acquisition of EPEAT® -Registered Televisions (Jun 2014) (E.O.s 13423 and 13514

(ii) Alternate I (June 2014) of 52.223-14

(37) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 USC 8259b).

(38) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514

(ii) Alternate I (June 2014) of 52.223-16

(39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (AUG 2011).

(40) 52.225-1, Buy American Act--Supplies (MAY 2014) (41 USC chapter 83).

(41) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (MAY 2014) (41 USC 10a-10d, 19 USC 3301 note, 19 USC 2112 note, 19 USC 3805 note, PL 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42 and 112-43).

(ii) Alternate I (MAY 2014) of 52.225-3.

(iii) Alternate II (MAY 2014) of 52.225-3.

(iii) Alternate III (MAY 2014) of 52.225-3.

(42) 52.225-5, Trade Agreements (NOV 2013) (19 USC 2501, et seq., 19 USC 3301 note).

(43) 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).

(44) 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 USC 2303 Note).

(45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 USC 5150).

(46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV

2007) (42 USC 5150).

(47) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 USC 4505, 10 USC 2307(f)).

(48) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 USC 4505, 10 USC 2307(f)).

(49) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(JUL. 2013) (31 USC 3332).

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(50) 52.232-34, Payment by Electronic Funds Transfer—Other Than Systems for Award Management (JUL 2013) (31 USC 3332).

(51) 52.232-36, Payment by Third Party (MAY 2014) (31 USC 3332).

(52) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 USC 552a).

(53) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 USC Appx 1241(b) and 10 USC 2631).

(ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.222-41, Service Contract Act of 1965 (MAY 2014) (41 USC 351, et seq.).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 USC 206 and 41 USC 351, et seq.).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 USC206 and 41 USC 351, et seq.).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (MAY 2014) (29 USC 206 and 41 USC chapter 67.).

(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 USC chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 USC 351, et seq.).

(7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (EO 13495)

(8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (PL 110-247).

(9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 USC 5112(p)(1)).

(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.

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(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.

(e) 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 (MAY 2014) (15 USC 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) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 USC 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 USC 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965, (MAY 2014), (41 USC chapter 67)

(ix) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 USC 7104(g)).

Alternate I (MAR 2015) of 52.222-50 (22 USC 7104(g)).

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(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 USC chapter 67)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 USC 351, et seq.)

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

(xiii) 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 USC 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAY 2014) (42 USC 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (FEB 2006) (46 USC Appx 1241(b) and 10 USC 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.

(End of Clause)

4. ADDITIONAL FAR AND DFARS CLAUSES BY REFERENCE:

52.203-3 - Gratuites (APR 1984) (10 U.S.C. 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)

52.204-9 - Personal Identity Verification of Contractor Personnel (JAN 2011) 52.223-5 - Pollution Prevention and Right To Know Information (MAY 2011) 52.223-6 - Drug-Free Workplace (MAY 2001) 52.223-10 - Waste Reduction Program (MAY 2011) 52.227-1 - Authorization and Consent (DEC 2007) 52.227-2 - Notice And Assistance Regarding Patent and Copywrite Infringement (DEC 2007) 52.232-22 - Incremental Funding (APR 1984) 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) 52.242-15 - Stop-Work Order (AUG 1989)

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52.243-1 - Changes – Fixed-Price (AUG 1987) 52.244-6 - Subcontracts for Commercial Items (MAY 2014) 52.247-34 - F.O.B. 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 Pub. L. 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 Pub. L.

110-252, 41 U.S.C. 3509) 252.203-7005 - Representation Relating to Compensation of Former DoD Officials

(Nov 2011) 252.203-7999 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements (DEVIATION 2015- O0010)

(FEB 2015)

252.204-7013 - Limitations on the use or disclosure of information by litigation support solicitation offerors (Feb 2014)

252.209-7004 - Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country (JAN 2015)

252.211-7008 - Use of Government-Assigned Serial Numbers (SEP 2010) 252.223-7008 - Prohibition of Hexavalent Chromium (JUN 2013) 252.225-7001 - Buy American Act and Balance of Payments Program (DEC 2012) (41

U.S.C. chapter 83, E.O. 10582) 252.225-7008 - Restriction on Acquisition of Specialty Metals (MAR 2013) (10 U.S.C.

2533b) 252.225-7009 - Restriction on Acquisition of Certain Articles Containing Specialty Metals

(JUN 2013) (10 U.S.C. 2533b) 252.225-7012 - Preference for Certain Domestic Commodities (FEB 2013) (10

U.S.C.2533a) 252.225-7017 - Photovoltaic Devices (OCT 2015) (Section 846 of PL 111-383) 252.225-7021 - Trade Agreements (OCT 2013) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 252.225-7036 - Buy American Act--Free Trade Agreements--Balance of Payments Program

(DEC 2012) (41 U.S.C. chapter 83 and 19 U.S.C. 3301 note) 252.226-7001 - Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and

Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub L. 107-248) and similar sections in subsequent DoD appropriations acts)

252.227-7015 - Technical Data--Commercial Items (FEB 2014) (10 U.S.C. 2320) 252.227-7037 - Validation of Restrictive Markings on Technical Data (JUN 2013) (10 U.S.C.

2321).

252.232-7003 - Electronic Submission of Payment Requests and Receiving Reports (JUN

2012) (10 U.S.C. 2321) 252.232-7010 - Levies on Contract Payments (DEC 2006) 252.243-7002 - Requests for Equitable Adjustment (DEC 2012) (10 U.S.C. 2410)

2012) (10 U.S.C. 2227) 252.244-7001 - Contractor Purchasing System Administration—Alternate I (MAY 2014)

(Section 818 of PL 112-81)

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252.246-7003 - Notification of Potential Safety Issues (JUN 2013) 252.246-7004 - Safety of Facilities, Infrastructure and Equipment for Military Operations (OCT 2010) (Section 807 of PL 111-84) 252.246-7007, Contractor Counterfeit Electronic Part Detection And Avoidance System (MAY 2014) (Section 818 of PL 112-81) 252.247-7023 - Transportation of Supplies by Sea (JUN 2013) (10 U.S.C. 2631) 252.247-7022 - Representation of Extent of Transportation by Sea ( AUG 1992) 252.247-7024 - Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C.

2631)

5. ADDITIONAL FAR AND DFARS CLAUSES BY FULL TEXT:

52.215-21 -- Requirements For Certified Cost Or Pricing Data And Data Other Than Certified

Cost Or Pricing Data – Modifications. (OCT 2010) ALT IV

(a) Submission of certified cost or pricing data is not required.

(b) Provide information described below: If data other than cost or pricing data is required, Table 15-2 in FAR 15.408 will be utilized. The contracting officer will request information to the extent necessary to determine the reasonableness and affordability of the price. Format for submission of data other than certified cost or pricing data. When required by the contracting officer, data other than certified cost or pricing data may be submitted in the offeror’s own format unless the contracting officer decides that use of a specific format is essential for evaluating and determining that the price is fair and reasonable and the format has been described in the solicitation.

(End of Clause) 52.216-18 – Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from (Date of Award) through 36 months.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

52.216-19 -- Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than four (4) units, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of 358 units;

(2) Any order for a combination of items in excess of 358 units; or

(3) A series of orders from the same ordering office within thirty (30) days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within ten (10) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216-22 -- Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 Dec 2018.

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52.217-6 -- Option For Increased Quantity (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to expiration of base year or current option. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

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.

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

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“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 item identifier for the following:

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

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(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 ____.

(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.

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(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…