N00189-13-R-Z065-conformed_thru_Amend14.doc

Section B - Supplies or Services and Prices

UNDEFINED

ROTHR Transmit Shelter

FFP

New Kent, VA ROTHR Transmit Site

FOB: Destination

MILSTRIP: N4585420131148

PURCHASE REQUEST NUMBER: N4585420131148

MAX

NET AMT

0001AA

ROTHR Transmit Shelter

In accordance with the technical specifications detailed herein within Section C and Technical Drawing G525358.

Dimensions:8’ width x 8’ height x 20’ length.

FOB: Destination

MAX

0001AB

ROTHR Transmit Shelter

FOB shipping expenses to ROTHR Transmit site in New Kent, VA

MAX

UNDEFINED

ROTHR Transmit Sounder Shelter

New Kent, VA ROTHR Transmit Site

MAX

0002AA

ROTHR Transmit Sounder Shelter

In accordance with the technical specifications detailed herein within Section C and Technical Drawing G525357.

Dimensions: 8’ width x 8’ height x 20’ length.

MAX

0002AB

ROTHR Transmit Sounder Shelter

MAX

UNDEFINED

ROTHR Transmit Site Monitor

New Kent, VA ROTHR Transmit Site

MAX

0003AA

ROTHR Transmit Site Monitor

In accordance with the technical specifications detailed herein within Section C and technical drawing G525356.

Dimensions: 8 ft width x 8 ft height x 20 ft length

MAX

0003AB

ROTHR Transmit Site Monitor

MAX

UNDEFINED

ROTHR Transmit Shelter

Premont, TX ROTHR Transmit Site

MAX

0004AA

ROTHR Transmit Shelter

In accordance with the technical specifications detailed herein within Section C and Technical Drawing G525358.

MAX

0004AB

ROTHR Transmit Shelter

FOB shipping expenses to ROTHR Transmit site in Premont, TX

MAX

UNDEFINED

ROTHR Transmit Sounder Shelter

Premont, TX ROTHR Transmit Site

MAX

0005AA

ROTHR Transmit Sounder Shelter

In accordance with the technical specifications detailed herein within Section C and Technical Drawing G525357

MAX

0005AB

ROTHR Transmit Sounder Shelter

FOB shipping expenses to ROTHR Transmit site in Premont, TX

MAX

UNDEFINED

ROTHR Transmit Site Monitor

Premont, TX ROTHR Transmit Site

MAX

0006AA

ROTHR Transmit Site Monitor

In accordance with the technical specifications detailed herein within Section C and technical drawing G525356:

MAX

0006AB

ROTHR Transmit Site Monitor

FOB shipping expenses to Premont, TX ROTHR Transmit site

MAX

UNDEFINED

ROTHR Transmit Shelter

Vieques Puerto, Rico ROTHR Transmit Site

MAX

0007AA

ROTHR Transmit Shelter

In accordance with the technical specifications detailed herein within Section C and Technical Drawing G525358.

MAX

0007AB

ROTHR Transmit Shelter

FOB shipping expenses to Port San Juan, Puerto Rico

MAX

UNDEFINED

ROTHR Transmit Sounder Shelter

Vieques, Puerto Rico ROTHR Transmit Site

MAX

0008AA

ROTHR Transmit Sounder Shelter

In accordance with the technical specifications detailed herein within Section C and Technical Drawing G525357.

MAX

0008AB

ROTHR Transmit Sounder Shelter

MAX

UNDEFINED

ROTHR Transmit Site Monitor

Vieques, Puerto Rico ROTHR Transmit Site

MAX

0009AA

ROTHR Transmit Site Monitor

In accordance with the technical specifications detailed herein within Section C and technical drawing G525356.

MAX

0009AB

ROTHR Transmit Site Monitor

MAX

UNDEFINED

ROTHR Receive Enclosure

Naval Support Activity (NSA) Chesapeake, VA ROTHR Receive Site

MAX

1001AA

ROTHR Receive Enclosure

In accordance with the technical specifications detailed herein within Section C and Technical Drawing G525118.

Dimensions: 8’ width x 8’ height x 12’ length.

MAX

1001AB

ROTHR Receive Enclosure

FOB shipping expenses to ROTHR Receive Site at Naval Support Activity (NSA) Chesapeake, VA

MAX

UNDEFINED

ROTHR Receive Sounder Enclosure

Naval Support Activity (NSA) Chesapeake, VA ROTHR Receive Site

MAX

1002AA

Each

ROTHR Receive Sounder Enclosure

In accordance with the technical specifications detailed herein within Section C and Technical Drawing G525357.

MAX

1002AB

Each

ROTHR Receive Sounder Enclosure

MAX

UNDEFINED

ROTHR Receive Site Monitor

Naval Support Activity (NSA) Chesapeake, VA ROTHR Receive Site

MAX

1003AA

ROTHR Receive Site Monitor

In accordance with the technical specifications detailed herein within Section C and technical drawing G525359.

Dimensions: 8 ft Width x 8 ft height x 20 ft length

MAX

1003AB

ROTHR Receive Site Monitor

MAX

UNDEFINED

ROTHR Receive Enclosure

Freer, TX ROTHR Receive Site

MAX

1004AA

ROTHR Receive Enclosure

In accordance with the technical specifications detailed herein within Section C and Technical Drawing G525118.

MAX

1004AB

ROTHR Receive Enclosure

FOB shipping expenses to ROTHR Receive Site in Freer, TX

MAX

UNDEFINED

ROTHR Recieve Sounder Enclosure

Freer, TX ROTHR Receive Site

MAX

1005AA

Each

ROTHR Receive Sounder Enclosure

In accordance with the technical specifications detailed herein within Section C and Technical Drawing G525357.

MAX

1005AB

Each

ROTHR Receive Sounder Enclosure

FOB shipping expenses to ROTHR Receive Site in Freer, TX

MAX

UNDEFINED

ROTHR Receive Site Monitor

Freer, TX ROTHR Receive Site

MAX

1006AA

ROTHR Receive Site Monitor

In accordance with the technical specifications detailed herein within Section C and technical drawing G525359.

Dimensions: 8 ft Width x 8 ft height x 20 ft length

MAX

1006AB

ROTHR Receive Site Monitor

FOB shipping expenses to Freer, TX ROTHR Receive site

MAX

UNDEFINED

ROTHR Receive Enclosure

Juana Diaz, Puerto Rico ROTHR Receive Site at Fort Allen National Guard Base

MAX

1007AA

ROTHR Receive Enclosure

In accordance with the technical specifications detailed herein within Section C and Technical Drawing G525118.

MAX

1007AB

ROTHR Receive Enclosure

MAX

UNDEFINED

ROTHR Receive Sounder Enclosure

Juana Diaz, Puerto Rico ROTHR Receive Site at Fort Allen National Guard Base

MAX

1008AA

Each

ROTHR Receive Sounder Enclosure

In accordance with the technical specifications detailed herein within Section C and Technical Drawing G525357.

MAX

1008AB

Each

ROTHR Receive Sounder Enclosure

MAX

UNDEFINED

ROTHR Receive Site Monitor

Juana Diaz, Puerto Rico ROTHR Receive Site at Fort Allen National Guard Base

MAX

1009AA

ROTHR Receive Site Monitor

In accordance with the technical specifications detailed herein within Section C and technical drawing G525359.

Dimensions: 8 ft Width x 8 ft height x 20 ft length each

MAX

1009AB

ROTHR Receive Site Monitor

MAX

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001AA

0001AB

0002AA

0002AB

0003AA

0003AB

0004AA

0004AB

0005AA

0005AB

0006AA

0006AB

0007AA

0007AB

0008AA

0008AB

0009AA

0009AB

1001AA

1001AB

1002AA

1002AB

1003AA

1003AB

1004AA

1004AB

1005AA

1005AB

1006AA

1006AB

1007AA

1007AB

1008AA

1008AB

1009AA

1009AB

CLAUSES INCORPORATED BY FULL TEXT

The Statement of Work (SOW) encompasing the technical specifications for the RFI Shielded Enclosures for the Relocatable-Over-The Horizon Radar (ROTHR) System is hereby attached to this solicitation as Exhibit A.

Section D - Packaging and Marking

CLAUSES INCORPORATED BY FULL TEXT

MARKING OF SHIPMENTS (COMMERCIALLY PACKAGED ITEMS) (MAR 1999)

Marking shall be in accordance with ASTM D-3951-95 “Standard Practice for Commercial Packaging.”

PROHIBITED PACKING/PACKAGING MATERIALS

The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.

LABELING OF ASBESTOS MATERIALS (OCT 1992)

(a) Hazardous chemicals and materials. All unit and intermediate packs of hazardous chemicals and materials (including aerosol propellants) shall have affixed thereto the applicable laws, statutes, regulations, or ordinances. Such laws include the Federal Food, Drug, and Cosmetic Act and similar State and municipal legislation, the Federal Insecticide, Fungicide, and Rodenticide Act. In addition, interior, unit and Intermediate packs including unit containers that serve as shipping containers such palls and drums shall be marked with the applicable precautionary information in accordance with the American National Standard for Labeling of Hazardous Industrial Chemicals (ANSI Z129.1-1976).

(b) Specific hazards: Asbestos - Unit and intermediate packs, including containers that serve as shipping containers of asbestos and products containing asbestos shall be marked: “Caution, Contains Asbestos Fibers. Avoid Creating Dust. Breathing Asbestos Dust May Cause Serious Bodily Harm.”

CAUTION

(Yellow Letters w/ Black Background)

Contains Asbestos Fibers

Avoid Creating Dust

(Black letters w/ Yellow Background)

Breathing Asbestos Dust May

Cause Serious Bodily Harm

(Black letters w/ Yellow Background)

PREPARATION FOR DELIVERY (COMMERCIALLY PACKAGED ITEMS) (MAR 1999)

Preservation, packaging and packing shall be in accordance with ASTM D-3951-95, “Commercial Packaging of Supplies and Equipment.”

UNPACKING INSTRUCTIONS: COMPLEX OR DELICATE EQUIPMENT (OCT 1992)

(a) Location on Container. When practical, one set of the unpacking instructions will be placed in a heavy water-proof envelope prominently marked “UNPACKING INFORMATION” and firmly affixed to the outside of the shipping container in a protected location, preferably between the cleats on the end of the container adjacent to the identification marking. If the instructions will be affixed to the number one container of the set. When the unpacking instruction are too voluminous to be affixed to the exterior of the container, they will be placed inside and directions for locating them will be provided in the envelope marked “UNPACKING INFORMATION.”

(b) Marking Containers. When unpacking instructions are provided shipping containers will be stenciled “CAUTION-THIS EQUIPMENT MAY BE SERIOUSLY DAMAGED UNLESS UNPACKING INSTRUCTIONS ARE CAREFULLY FOLLOWED. UNPACKING INSTRUCTIONS ARE LOCATED (state where located).” When practical, this marking will be applied adjacent to the identification marking on the side of the container.

(c) Marking. All shipping containers will be marked in accordance with the Military Standard Marking for Shipment and Storage, MIL-STD-129.

PINEWOOD NEMATODE FREE SOLID WOOD PACKING MATERIAL (SWPM)

(NOV 2002)(NAVSUP)

(a) Definition. “Pinewood nematode” as used in this provision, means a microscopic roundworm that has infested coniferous (softwood) trees.

(b) All non-manufactured wood lumber, pallets, boxes, crates, containers, reels, blocking and bracing, dunnage, drums, etc. for all shipments are required to be certified pest-(pinewood nematode)free. All wood pallets, boxes, crates, containers, reels, blocking and bracing, dunnage, drums, etc. ordered/delivered from vendors/suppliers shall be heat-treated and marked to the American Lumber Standards Committee (ALSC), NMWP policy and enforcement standards. The approved method for ensuring NMWP material is pinewood nematode free is as follows:

(i) Heat-treated to a minimum core temperature of 56°C (133°F) for at least 30-minutes in a closed chamber that has been tested, evaluated, and approved officially for this purpose. In addition, the susceptible wood shall display an officially approved heat-treated marking enabling the identification of where and by whom the above treatment has been carried out.

(c) All bulk limber procured for the fabrication of pallets, boxes, crates, containers, reels, skids, blocking and bracing, dunnage, drums, etc., shall be certified and marked as a part of the fabrication process, to the ALSC NMWP policy and enforcement standards. Vendors/Suppliers using ALSC-certified lumber to make or repair wooden boxes, crates, skids, containers, pallets, reels, drums, etc., must have formal processing procedures and documentation to ensure that only certified lumber leaves their fabrication point.

(d) This provision is self-deleting if no solid wood packing materials are being shipped.

Section E - Inspection and Acceptance

SECTION E CLAUSES

The following clauses are hereby incorporated into section E by reference:

52.246-2 Inspection of Supplies - Fixed Price (AUG 1996)

52.246-14 Inspection of Transportation (APR 1984)

52.246-16 Responsibility for Supplies (APR 1984)

(End of Clauses)

INSPECTION AND ACCEPTANCE (DESTINATION) (NAVSUP) (SEP 1994)

(a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed at destination by the Forces Surveillance Support Center (FSSC).

(End of Provision)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

SECTION F CLAUSES

The following clauses are hereby incorporated into section F by reference:

Clause No.

Title

52.242-15 Stop-Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

52.247-34 F.O.B. Destination (NOV 1991)

52.247-37 F.O.B. Vessel, Port of Shipment (APR 1984)

52.247-48 F.O.B. Destination - Evidence of Shipment (FEB 1999)

(End of Provision)

DURATION OF CONTRACT PERIOD (FISC DET PHILA) (OCT 1992)

(a) This contract shall become effective on 16 September 2013 or date of award, whichever is later, and the ordering period shall continue in effect during the period ending sixty (60) months after date of contract unless terminated in accordance with other provisions herein.

TRANSPORTATION OF SUPPLIES BY SEA (DFARS 252.247-7023)(MAY 2002)

(a) Definitions. As used in this clause-

(1) "Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

(2) "Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

(3) "Foreign flag vessel" means any vessel that is not a U.S.-flag vessel.

(4) "Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

(5) "Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

(6) "Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

(7) "U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if-

(i) This contract is a construction contract; or

(ii) The supplies being transported are-

(A) Noncommercial items; or

(B) Commercial items that-

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that-

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of other than U.S.-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum-

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) The Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief-

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all non-U.S.-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on non-U.S.-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

TOTAL

(g) If the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of non-U.S.-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (h), in subcontracts that exceed the simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (h), in subcontracts that are at or below the simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation.

TIME OF DELIVERY (INDEFINITE DELIVERY CONTRACTS) (FISC DET PHILA)

(OCT 1992)

The articles to be furnished hereunder shall be delivered within not greater than twelve (12) months after the date of each delivery order placed, except that when the needs of the Government permit, delivery orders may provide a longer time for delivery.

DELIVERY INFORMATION

SEE INDIVIDUAL DELIVERY/TASK ORDERS

AS SPECIFIED

VA

IAWDOS

IAWDOS

SEE INDIVIDUAL DELIVERY/TASK ORDERS

AS SPECIFIED

VA

IAWDOS

IAWDOS

SEE INDIVIDUAL DELIVERY/TASK ORDERS

AS SPECIFIED

VA

IAWDOS

IAWDOS

SEE INDIVIDUAL DELIVERY/TASK ORDERS

AS SPECIFIED

VA

IAWDOS

IAWDOS

SEE INDIVIDUAL DELIVERY/TASK ORDERS

AS SPECIFIED

VA

IAWDOS

IAWDOS

SEE INDIVIDUAL DELIVERY/TASK ORDERS

AS SPECIFIED

VA

IAWDOS

IAWDOS

SEE INDIVIDUAL DELIVERY/TASK ORDERS

AS SPECIFIED

VA

IAWDOS

IAWDOS

SEE INDIVIDUAL DELIVERY/TASK ORDERS

AS SPECIFIED

VA

IAWDOS

IAWDOS

SEE INDIVIDUAL DELIVERY/TASK ORDERS

AS SPECIFIED

VA

IAWDOS

IAWDOS

SEE INDIVIDUAL DELIVERY/TASK ORDERS

AS SPECIFIED

VA

IAWDOS

IAWDOS

SEE INDIVIDUAL DELIVERY/TASK ORDERS

AS SPECIFIED

VA

IAWDOS

IAWDOS

SEE INDIVIDUAL DELIVERY/TASK ORDERS

AS SPECIFIED

VA

IAWDOS

IAWDOS

SEE INDIVIDUAL DELIVERY/TASK ORDERS

AS SPECIFIED

VA

IAWDOS

IAWDOS

SEE INDIVIDUAL DELIVERY/TASK ORDERS

AS SPECIFIED

VA

IAWDOS

IAWDOS

SEE INDIVIDUAL DELIVERY/TASK ORDERS

AS SPECIFIED

VA

IAWDOS

IAWDOS

SEE INDIVIDUAL DELIVERY/TASK ORDERS

AS SPECIFIED

VA

IAWDOS

IAWDOS

SEE INDIVIDUAL DELIVERY/TASK ORDERS

AS SPECIFIED

VA

IAWDOS

IAWDOS

SEE INDIVIDUAL DELIVERY/TASK ORDERS

AS SPECIFIED

VA

IAWDOS

IAWDOS

Section G - Contract Administration Data

COMMUNICATIONS

COMMUNICATIONS

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

(b) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Principal Contracting Officer is:

Leanne Hanger

FISC Norfolk DET Philadelphia

700 Robbins Ave., Bldg. 2B

Philadelphia, PA. 19111-5083

(215) 697-9691

CLAUSES INCORPORATED BY REFERENCE

252.204-0001 LINE ITEM SPECIFIC: SINGLE FUNDING. (SEP 2009)

The payment office shall make payment using the ACRN funding of the line item being billed.

(End of clause)

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

(End of clause)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUNE 2012)

(a) Definitions. As used in this clause–

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when–

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or

(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

(End of clause)

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

MINIMUM AND MAXIMUM QUANTITIES (NFLC NORFOLK DET PHILA)(OT 1992)

As referred to in paragraph (b) of the “Indefinite Quantities” clause of this contract, the total contract minimum quantity is a total of two (2) each shelters of any variety specified within the Schedule of Supplies at the contract unit price(s). The contract maximum quantity is the overall total maximum ordering quantity specified within the Schedule of Supplies at the contract unit prices.

ORAL ORDERS (INDEFINITE DELIVERY CONTRACTS) (NAVSUP 5252.216-9402) (JAN 2011)

(a) Oral orders may be placed provided the following conditions are complied with:

(1) No oral order will exceed $150,000.00 or such lesser amount as may be specified elsewhere in the schedule of this contract.

(2) The Contractor will furnish with each shipment a delivery ticket, in triplicate, showing: contract number, order number under the contract, date order was placed, name and title of person placing order, an itemized listing of supplies or services furnished, unit price and extension of each item, and delivery or performance date.

(3) Invoices for supplies or services furnished in response to oral orders will be accompanied with a received copy of each related delivery ticket.

(4) The ordering activity shall designate in writing the names of individuals authorized to place oral orders and will furnish a copy thereof to the Contractor.

(5) Written confirmation of oral orders will be issued as a means of documenting the oral order within 10 working days or oral orders will be confirmed twice a month, in writing, when more than one oral order is consolidated for a single confirmation.

PREDETERMINATION OF RIGHTS IN TECHNICAL DATA (FISC DET PHILA) (OCT 1992)

(a) The offeror is requested to identify in his proposal which of the below listed data (including data to be furnished in whole or in part by a subcontractor) when delivered, he intends to identify as limited rights data in accordance with paragraph (b) of the “Rights in Technical Data and Computer Software” clause of this solicitation. This identification need not be made as to data, which relate to standard commercial items, which are manufactured by more than one source of supply.

(b) Limited rights data may be identified as such, pursuant to (a) above only if it pertains to items, components or processes developed at private expense. Nevertheless, it cannot be so identified if it comes within paragraph (b)(1) of the “Rights in Technical Data and Computer Software” clause. At the request of the Contracting Officer or his representative, the offeror agrees to furnish clear and convincing evidence that the data, which will be so identified comes within the definition of limited rights data.

(c) The listing of a data item in paragraph (a) above does not mean that the Government considers such item to come within the definition of limited rights data.

(d) If completion of predetermination proves impracticable before award, the Contractor shall promptly complete the identification of limited rights with respect to that data listed in the solicitation for which predetermination was proposed. If contractual requirements relating to design or data items are changed during the course of a contract, the Contractor shall promptly identify limited rights data relating to the changed requirements.

DRUG-FREE WORK FORCE (DFARS 252.223-7004) (SEP 1988)

(a) Definitions.

(1) “Employee in a sensitive position,” as used in this clause, means an employee who has been granted access to classified information; or employees in other positions that the Contractor determines involve national security, health or safety, or functions other than the foregoing requiring a high degree of trust and confidence.

(2) “Illegal drugs,” as used in this clause, means controlled substances included in Schedule I and II, as defined by section 802(6) of Title 21 of the United States Code, the possession of which is unlawful under Chapter 13 of that Title. The term “illegal drugs” does not mean the use of a controlled substance pursuant to a valid prescription or other uses authorized by law.

(b) The Contractor agrees to institute and maintain a program for achieving the objective of a drug-free work force. While this clause defines criteria for such a program, contractors are encouraged to implement alternative approaches comparable to the criteria in paragraph (c) that are designed to achieve the objectives of this clause.

(c) Contractor programs shall include the following, or appropriate alternatives:

(1) Employee assistance programs emphasizing high level direction, education, counseling, rehabilitation, and coordination with available community resources;

(2) Supervisory training to assist in identifying and addressing illegal drug use by Contractor employees;

(3) Provision for self-referrals as well as supervisory referrals to treatment with maximum respect for individual confidentiality consistent with safety and security issues;

(4) Provision for identifying illegal drug users, including testing on a controlled and carefully monitored basis. Employee drug testing programs shall be established taking account of the following:

(i) The Contractor shall establish a program that provides for testing for the use of illegal drugs by employees in sensitive positions. The extent of and criteria for such testing shall be determined by the Contractor based on considerations that include the nature of the work being performed under the contract, the employee’s duties, the efficient use of Contractor resources, and the risks to health, safety, or national security that could result from the failure of an employee adequately to discharge his or her position.

(ii) In addition, the Contractor may establish a program for employee drug testing-

(A) When there is a reasonable suspicion that an employee uses illegal drugs; or

(B) When an employee has been involved in an accident or unsafe practice;

(C) As part of or as a follow-up to counseling or rehabilitation for illegal drug use;

(D) As part of a voluntary employee drug testing program.

(iii) The Contractor may establish a program to test applicants for employment for illegal drug use.

(iv) For the purpose of administering this clause, testing for illegal drugs may be limited to those substances for which testing is prescribed by section 2.1 of Subpart B of the “Mandatory Guidelines for Federal Workplace Drug Testing Programs,” (53 FR 11980 (April 11, 1988)), issued by the Department of Health and Human Services.

(d) Contractors shall adopt appropriate personnel procedures to deal with employees who are found to be using drugs illegally. Contractors shall not allow any employee to remain on duty or perform in a sensitive position who is found to use illegal drugs until such time as the Contractor, in accordance with procedures established by the Contractor, determines that the employee may perform in such a position.

(e) The provisions of this clause pertaining to drug testing programs shall not apply to the extent they are inconsistent with state or local law, or with an existing collective bargaining agreement; provided that with respect to the latter, the Contractor agrees that those issues that are in conflict will be a subject of negotiation at the next collective bargaining session.

WRITTEN ORDERS (INDEFINITE DELIVERY CONTRACTS)(NAVSUP 5252.216-9403) (JAN 1992)

Written order (on DD Form 1155) will contain the following information consistent with the terms of the contract:

(a) Date of order.

(b) Contract number and order number.

(c) Item number and description, quantity ordered, unit price and contract price.

(d) Delivery or performance date.

(e) Place of delivery or performing (including consignee).

(f) Packaging, packing, and shipping instructions, if required.

(g) Accounting and appropriation data.

(h) Any other pertinent information.

Section I - Contract Clauses

REFERENCE CLAUSES

CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm; http://acquisition.gov/far/

CLAUSES INCORPORATED BY REFERENCE

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 contract expiration 60 months or five years thereafter.

(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 one $5,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of the maximum contract value for the ordering period;

(2) Any order for a combination of items in excess of the maximum contract value for the ordering period; or

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

(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) above.

(d) Notwithstanding paragraphs (b) and (c) above, 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 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.