N00244-18-Q-0143.pdf
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- Refurbishment of AV-8 engine Low Pressure Compressor 1/2 Disks using Liquid Plasticity Burnishing process.
- Solicitation number
- N0024418Q0143
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SEE ADDENDUM
(No Collect Calls)
N0024418Q0143 05-Jul-2018
b. TELEPHONE NUMBER
619-556-9776
8. OFFER DUE DATE/LOCAL TIME
04:00 PM 03 Aug 2018
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
N002449. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
RALPH A. FRANCHI
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
1300704474
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
NAVSUP FLC SAN DIEGO
REGIONAL CONTRACTS (CODE 200)
3985 CUMMINGS ROAD
BUILDING 116 - 3RD FLOOR
SAN DIEGO CA 92136-4200
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE N65923 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FLEET READINESS CENTER DLA
LYNN WEEKS
RECEIVING OFFICER
BEACHEY ROAD, BLDG. 148, BAY C
CHERRY POINT NC 28533-5040
TEL: 252-464-5534 FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
332999
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA FAR (48 CFR) 53 212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
N0024418Q0143
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE ESTIMATED AMOUNT
0001 46 Each
LOW PRESSURE COMPRESSOR 1/2 DISKS
FFP
PROCESS ENTITLED LIQUID PLASTICITY BURNISHING TO BE APPLIED
TO THE DISKS. PROCESS RETURNS DISKS TO NEW CONDITION.
PPC F402 LPC 1/2 DISK
BLI 0570 Power Plant Changes; FY18; APPN 1781506 S/H 45BW Funds expire 09/30/2020.
FOB: Destination
MILSTRIP: 1300704474
PURCHASE REQUEST NUMBER: 1300704474
ADDITIONAL MARKINGS: M/F: FRCE/N65923/ Lynn Weeks/252-464-5534
STIMATED
NET AMT
UNIT UNIT PRICE ESTIMATED AMOUNT
1001 25 Each
OPTION LOW PRESSURE COMPRESSOR 1/2 DISKS
FFP
PROCESS ENTITLED LIQUID PLASTICITY BURNISHING TO BE APPLIED
TO THE DISKS. PROCESS RETURNS DISKS TO NEW CONDITION.
FOB: Destination
MILSTRIP: 1300704474
UNIT UNIT PRICE ESTIMATED AMOUNT
2001 21 Each
OPTION LOW PRESSURE COMPRESSOR 1/2 DISKS
FFP
UNIT UNIT PRICE ESTIMATED AMOUNT
3001 17 Each
OPTION LOW PRESSURE COMPRESSOR 1/2 DISKS
FFP
UNIT UNIT PRICE ESTIMATED AMOUNT
4001 13 Each
OPTION LOW PRESSURE COMPRESSOR 1/2 DISKS
FFP
STATEMENT OF WORK (SOW)
LPC STAGE 1/2 DISK REMANUFACTURE/REFURBISHMENT
1.0 SCOPE: The purpose of this contract is to provide for the remanufacture/refurbishment of LPC 1/2 Disks for the F402-RR-408B engine for the AV8 Aircraft.
2.0 APPLICABLE DOCUMENTS:
a. SET LLC Drawing (3AV35) S000544, Revision B
3.0 GOVERNMENT FURNISHED MATERIALS: The LPC 1/2 Disks will be shipped to the Contractor for the refurbishment.
4.0 REQUIREMENTS:
4.1 The contractor shall perform LPB processing for the refurbishment of the LPC 1/2 Disk by applying a surface enhancement treatment called Low Plasticity Burnishing (LPB) to the loaded flank of the LPC 1 blade root slots and then return the disks to the government according to the delivery schedule specified under each delivery order. The LPB process is defined by Surface Enhancement Technologies (SET) LPB Processing Drawing (3AV35) S000544, Revision B.
4.2 The contractor shall re-identify the refurbished disk with part number “B519330” for a part number B513167 disk processed or “B519331” for a part number B508733 disk processed next to existing part number, utilizing vibro-percussion engraving. Utilizing vibro-percussion engraving, clearly mark a line through existing part number.
4.3 If a disk is scrapped for any reason due to a problem found during the LPB processing, the scrapped disk shall be returned to the government and individually marked as scrap material with clear indication of reason for disposition.
5.0 DELIVERABLES:
5.1 In order to keep the Government advised of any desired process and/or routing changes related to the process, the Contractor shall provide the Government a copy of the proposed process job router and/or changes to SET LLC drawing (3AV35) S000544, Revision B for Government approval prior to change implementation.
5.2 In order to keep the contractor advised of any technical changes to the configuration management of related engines, the Government will provide the contractor with copies of updates to all referenced technical data as soon as they become available.
6.0 POINT OF CONTACT: 6.1.3.3, Industrial/In-Service Support Contract Acquisition/Procurement Division, Services Branch.
a. Primary: Lynn Weeks, lynn.weeks@navy.mil, 252-464-5534
b. Alternate: Heather Unruh, heather.unruh@navy.mil, 252-464-5535
7.0 GENERAL INTENTION. The intent of this action is to establish a contract to provide for the refurbishment of LPC 1/2 Disks for the F402-RR-408B engine for the AV8 Aircraft. All supplies/services shall be provided/performed in accordance with the Purchase Description.
8.0 TYPE OF CONTRACT. This contract will be issued as a Requirements type contract in Accordance with FAR 52.216-21. The quantities listed in the schedule are estimates only and do not represent quantities that will be required or ordered. Funds will be obligated by issuance of Delivery Orders for precise quantities in accordance with FAR 52.216-21 (“Requirements”, OCT 1995).
9.0 TERM OF CONTRACT: The contractor shall perform for a period of one (1) year beginning on the date of award. The contract will contain provisions for four (4) additional option years. The inclusion of options years is a unilateral right of the Government. No work is to be performed if the options are not fully exercised by the Contracting Officer.
10.0 PACKAGING AND MARKING
mailto:lynn.weeks@navy.mil mailto:heather.unruh@navy.mil
10.1 PREPARATION FOR DELIVERY
(a) MARKING OF SHIPMENTS (COMMERCIALLY PACKAGED ITEMS):
i) Each shipping unit or crate shall be clearly, legibly, and permanently marked to show destination, contract number, gross weight, and number of units or crates in shipment.
Marking shall be in accordance with ASTM-D-3951-82 “Standard Practice for Commercial Packaging”. Additional markings are stated below:
“NOT FOR OUTSIDE STORAGE”
“MARK WITH CONTRACT NUMBER/ORDER NUMBER”
10.2 PREPARATION FOR DELIVERY (COMMERCIALLY PACKAGED ITEMS):
(a) All equipment shall be packed for shipment in a manner that will ensure acceptance by common carrier and safe delivery to the consignee. Containers and closures shall
Comply with Interstate Commerce Commission regulations, Uniform Freight Classification rules or regulations of other carriers as applicable to the mode of transportation.
(b) Preservation, packaging, and packing shall be in accordance with ASTM-D-3591-90, Standard Practice for Commercial Packaging.
10.3 PROHIBITED PACKING MATERIALS:
(a) The use of asbestos, excelsior, newspaper or shred 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.
10.4 PACKING LIST:
(a) In accordance with Military Standard 129, a packing list shall be included inside and attached to the outside of each box or container packed with unlike items where full description of the contents is not authorized or cannot be shown on the container. No packing list is required for containers having like items. The packing list will contain the following information:
i) Package number and set number (if any) of the container.
“N00244-18-D-XXXX / M00146-18-F-XXXX, Page X of XX”
ii) A list of contents including quantity by item, item description, stock number or Part number, type and size, condition of material, unit of issue if other than each, and reference publications and dates of issue when applicable.
iii) Other information in sufficient detail so that the article can be replaced.
10.5 HAZARDOUS MATERIALS:
a) Packaging, packing, marking and labeling of hazardous materials to be shipped by any mode or combination of transportation modes shall be prepared (properly classed, described, packaged, marked, labeled, transport vehicle placarded, etc.) for shipment in accordance with MIL-STD 129 and all applicable government and carrier regulations in effect at time of shipment.
i) TYPE OF SHIPMENT APPLICABLE REGULATION
ii) 1. Domestic A
iii) 2. Domestic Air Commercial A, B, C
iv) 3. Domestic Air Military A, F
v) 4. Export Surface A, E, G
vi) 5. Export Air Commercial A, D, G
vii) 6. Export Air Military (MAC) F, G
10.6 LIST OF REGULATIONS:
(a) Code of Federal Regulations Title: 49 Transportation Parts 100-199
(b) Official Air Transport Restricted Articles Tariff No. 6-D C.A.B.82
(c) Official Air Transport Restricted Articles Circular No. 6-D
(d) International Air Transport Association Restricted Articles Regulation
(e) International Maritime Dangerous Goods Code
(f) Air Force Regulation 71-4 Preparation of Hazardous Materials for Military Air Shipment
(g) Export shipments are also subject to the domestic regulations indicated to the port of Embarkation.
11.0 DELIVERY NOTE
11.1 PLACE OF DELIVERY (DESTINATION): All supplies, materials, and documentation to be furnished hereunder shall be delivered, FOB Destination, all transportation charges paid by the contractor, to:
Fleet Readiness Center DLA Receiving Officer Beachey Road Building 148, Bay C Cherry Point, NC 28533
11.2 REQUIRED DELIVERY DATES
a. Pursuant to the requirements of each order placed, the disks shall be shipped at the Government's expense, FOB Destination to the contractor's plant. The contractor shall inspect/refurbish the disks in accordance with the Purchase Description/ Specification. The number of disks per Delivery order will determine the turn-around time. For one (1) disk it will be three (3) weeks after receipt and each additional disk thereafter one (1) week per disk. For example, a Delivery order for three (3) disks will be completed and returned within five (5) weeks after receipt. The Contractor shall ship each CLIN item under this order via ground – best method, FOB Destination. The refurbished disks may be returned by Federal Express / Overnight Shipment if a determination of urgency is identified. The Contracting Officer will modify the Delivery Order to allow for Federal Express, when expedited shipment is requested. The shipping charges for expedited delivery shall be prepaid by the contractor and added as a separate line item to the invoice.
When the needs of the Government permit, orders may provide for a longer delivery schedule. Partial deliveries are acceptable.
b. All requirements for delivery will be in accordance with the Delivery Information provided within each Delivery Order.
c. Documentation: All documentation shall be delivered in accordance with the requirements of the Purchase
Description.
12.0 INSPECTION AND ACCEPTANCE AT DESINATION
12.1 Fleet Readiness Center East (FRCE) Estimator/Evaluator will inspect the LPC 1/2 Disks upon return shipment of material under each delivery order.
Disks that have been refurbished, delivered under an order, inspected and the Government determines the disk(s) do not pass inspection will be documented and discussion between Government and Contractor shall be conducted to determine if the disk can be reworked.
Note: The Government Inspector does not have the authority to provide authorization to the contractor to perform any additional work outside the scope of the Basic Contract. In the event that any additional work is required the Contractor and the Government Inspector are to notify the Contracting Officer that issued the order immediately.
The Government inspector will prepare a discrepancy report for each shipment of refurbished disks delivered under an order.
Disk(s) that pass inspection will be accepted and will be certified for payment processing.
End.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-SEP-2018 TO
31-AUG-2019
N/A FLEET READINESS CENTER DLA
LYNN WEEKS
RECEIVING OFFICER
BEACHEY ROAD, BLDG. 148, BAY C
CHERRY POINT NC 28533-5040
252-464-5534
N65923
1001 POP 01-SEP-2019 TO
31-AUG-2020
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-SEP-2020 TO
31-AUG-2021
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-SEP-2021 TO
31-AUG-2022
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-SEP-2022 TO
31-AUG-2023
N/A (SAME AS PREVIOUS LOCATION)
ORDERING PERIODS
Base year: September 1, 2018 to August 31, 2019 Option Year I: September 1, 2019 to August 31, 2020 Option Year II: September 1, 2020 to August 31, 2021 Option Year III:
September 1, 2021 to August 31, 2022 Option Year IV: September 1, 2022 to August 31, 2023 Ordering is contingent upon the option year being exercised by the Government in accordance with FAR 52.217-9 Option to Extend the Term of the Contract.
CONTRACT ADMINISTRATION
CONTRACT ADMINISTRATION PLAN
In order to expedite administration of this contract/order, the following delineation of duties is provided including the names, addresses and phone numbers for each individual or office as specified. The individual/position designated as having responsibility should be contacted for any questions, clarifications or information regarding the functions assigned.
1. PROCURING CONTRACTING OFFICER (PCO) is responsible for:
a. All pre-award information, questions, or data;
b. Freedom of Information inquiries;
c. Change/question/information regarding the scope, terms or conditions of the “basic contract document”, and/or orders issued against the basic.
Maria Papet Procuring Contracting Officer (PCO) FLCSD, Contracts Dept., Code 240 3985 Cummings Road San Diego, CA 92136 619-556-6850, maria.papet@navy.mil
Ralph Franchi Contract Specialist FLCSD, Code 240 619-556-9776, ralph.franchi@navy.mil
Order Issuance and Administrative duties pertaining to orders issued against the basic contract:
MCAS Cherry Point Contracting Office representatives:
Chris Poulos, christopher.poulos@usmc.mil, 252-466-4038 Barbara Scott, barbara.j.scott@usmc.mil, 252-464-2844
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 communicate 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 is signed by the Contracting Officer.
(c) A Contracting Officer for the Marine Corps Air Station, Cherry Point, NC is the only person authorized to approve changes in the “orders” issued.
In the event the contractor effects any change at the direction of any person other than a designated Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made.
(d) The address and telephone number of the Contracting Officer is listed above in Section 1.
2. CONTRACT ADMINISTRATION OFFICE (CAO) is responsible for matters specified in FAR 42.302 and DFARS 242.302 except in those areas otherwise designated herein.
Post award administration of the basic contract is hereby assigned to:
FLCSD, Contracting Department, Code 200, 3985 Cummings Road, San Diego, CA 92136
Order adminstration will be retained by the issuing office, Cherry Point Satellite Contracting Office (M00146)
3. DEFENSE CONTRACT AUDIT AGENCY (DCAA) is responsible for audit verification/provisional approval of invoices and final audit of the contract prior to final payment to the contractor.
NOT APPLICABLE.
4. INVOICING – Invoices are to be submitted by use of the iRAPT/Wide Area Workflow Government electronic invoicing system.
PAYMENT PROCESSING – Fully certified invoices will be paid by the cognizant DFAS activity as identified on delivery orders issued against the basic contract.
5. CONTRACTING OFFICER'S REPRESENTATIVE (COR) is responsible for:
A COR is not assigned for this contract.
6. Designated Government Representative (DGR) if assigned by the requiring activity, is responsible for providing technical assistance and support to the Contracting Officer in contract administration by:
a. Identifying contractor deficiencies under orders awarded to the Contracting Officer;
b. Reviewing contract/delivery/task order deliverables and recommending acceptance/rejection of the deliverables;
c. Identifying contractor noncompliance of reporting requirements;
7. ORDERING OFFICER is responsible for:
Orders issued against the basic contract will be issued by fully warranted 1102 and 1105’s.
Cherry Point Satellite Contracting Office (M00146) PSC Box 8018, Bldg. 159
MCAS
Cherry Point, NC 28533-0018
PROCEDURES FOR ISSUING ORDERS
(a) Delivery Orders. Written Delivery Orders will be issued on an as required basis for refurbishment of the LPC 1/2 Disks.
Orders issued will contain all data required to be furnished under the SF1449 order format.
E.g.:
a) Date of Order
b) Basic Contract number N00244-18-D-0012 and applicable order number
c) Item number and description, quantity ordered and contract price.
d) Requisition number
e) Delivery or performance date
f) Place of delivery or performance
g) Packaging, packing and shipping instructions, if any
h) Accounting and appropriation data
i) iRAPT/WAWF data and any other pertinent information
Delivery Orders will be transmitted to the contractor via facsimile or electronically.
Oral Orders. Oral orders are not permitted under this award.
End.
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
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 OCT 2016 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2016
52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-5 Certification Regarding Responsibility Matters OCT 2015 52.209-7 Information Regarding Responsibility Matters JUL 2013 52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-2 Evaluation - Commercial Items OCT 2014 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.219-8 Utilization of Small Business Concerns NOV 2016 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment
Exceeding $15,000
MAY 2014
52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-18 Availability Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.239-1 Privacy or Security Safeguards AUG 1996
52.242-13 Bankruptcy JUL 1995 52.246-1 Contractor Inspection Requirements APR 1984 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.252-6 Authorized Deviations In Clauses APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
OCT 2016
252.204-7011 Alternative Line Item Structure SEP 2011 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.223-7001 Hazard Warning Labels DEC 1991 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic
(Dec 2017)
DEC 2017
252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7021 Trade Agreements--Basic DEC 2017 252.225-7036 Buy American--Free Trade Agreements--Balance of
Payments Program--Basic (DEC 2017)
DEC 2017
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013
CLAUSES INCORPORATED BY FULL TEXT
PRICING INFORMATION
Under requirements of the Federal Acquisition Regulation (FAR), the Contracting Officer is responsible for determining reasonableness of pricing. To assist in determining whether the prices quoted in your offer are fair and reasonable, your cooperation is requested in submitting the following information:
(a) A copy of the current catalog or established price list for the articles covered by the offer.
(b) A statement that such catalog or established price list is:
(1) Regularly maintained,
(2) Is published or otherwise available for inspection by customers, and
(3) States the prices at which sales are currently made to a number of buyers.
(c) A statement that such articles are commercial items sold in substantial quantities to the general public at the prices listed in the catalog or established price list.
(d) A statement that the prices quoted herein, including consideration of any discount or rebate arrangement, do not exceed prices charged the offeror's most favored customer for like items in similar quantities under comparable conditions.
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--
REPRESENTATION (NOV 2015)
(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(c) Representation. The Offeror represents that--
(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and
(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.
(End of provision)
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)
ALTERNATE I (OCT 2014)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
https://www.sam.gov/portal
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
https://www.acquisition.gov/
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
[The offeror shall check the category in which its ownership falls]:
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”
(2) Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements— Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Canadian End Products:
Line Item No.:
[List as necessary]
(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':
Canadian or Israeli End Products:
Line Item No.: Country of Origin:
[List as necessary]
(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate…
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