N00421-15-T-0538_Link-16_0820_HC.docx
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- A/C Services of Twin Propeller for Link-16 Interference and UH to UHF relay Communication
- Solicitation number
- N00421-15-T-0538
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| Link_16_A002_Fuel_Report.pdf | ||
| Link_16_A001_Fuel_Air_Card.pdf |
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N00421-15-T-0538
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 1,920 |
| Minutes |
HST C2X A/C
FFP
In accordance with Section C. For Mission/Training Services. FLIGHT MINUTES FOB: Destination
ESTIMATED
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 24 |
| Hours |
Aircrew Non-Flying Status
FFP
In accordance with SOW
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| EST . QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
Travel
COST
Funding in support of CLIN 0001. In accordance with Section C.
ESTIMATED COST
| ITEM NO |
| SUPPLIES/SERVICES |
| EST . QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
Material
COST
Funding in support of CLIN 0001. In accordance with Section C.
ESTIMATED COST
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
Technical Data for all CLINs
In accordance with SOW. Technical, Financial, and Administrative Data for all CLINs.
NET AMT
Section C - Descriptions and Specifications
PERFORMANCE BASED SOW
1. BACKGROUND
1.1. This Performance Based Work Statement (PBWS) details Carrier Strike Group Four’s (CSG-4) requirement for the flight services of a high performance twin propeller aircraft with the primary capability for Link-16 interference and High Frequency (HF)/Ultra High Frequency (UHF) to UHF communications relay for the Harry S. Truman (HST) Composite Training Unit Exercise (C2X). These exercises shall require the capabilities defined by the Government, profiles of realistic conditions that replicate the scale, diversity, and complexity of operational threats currently encountered during overseas combat deployments.
2. SCOPE
2.1. The Government will provide flight profiles designed to enhance Fleet training with Link-16 interference and/or HF/UHF to UHF relay communications.
2.2. The Contractor’s service shall include engineering and technical support as required to develop and field the Link training tool. The focus of these tasks is to create a challenging link environment to allow Strike Group and air Wing assets to exercise their Tactics, Techniques and Procedures (TTP) and to support CSG-4’s assessment of the training audience’s performance.
2.3. The Contractor shall fly non-tactical profiles and provide engineering services at specified locations as defined by the Government. Event durations will vary. However, a typical mission will consist of a four hour flight operating 100 Nautical Miles (nm) off shore. It is estimated that the Government will require eight (8) events. Each event will require a maximum of 240 flight minutes; flight minutes for 8 events will be approximately 1920 flight minutes for HST C2X training missions. (Contract Line Item Number (CLIN) 0001)
2.4. The Contractor shall provide the necessary experienced/certified personnel, equipment, and materials to support Department of Defense (DoD) pre-deployment training experimentation requirements, and engineering support identified within this PBWS. The Contractor shall provide a single primary point of contact to coordinate all events with the Government liaison and assure all events are successfully integrated.
2.5. The Government will be responsible for the acceptance, approval, and implementation of the deliverables identified in this contract per this PBWS.
2.6. The Government will assist the Contractor with acquiring personnel passes, identification cards, and vehicle permits required for the performance of this contract.
3. PROCURING CONTRACTING OFFICER AUTHORIZATIONS
3.1. The Scheduling Officer (SO) at Fleet Area Control Surveillance Facility Virginia Capes, VA, will coordinate with the Government for all missions in accordance with this PBWS.
4. SPECIFIC AIRCRAFT REQUIREMENTS
4.1. Unless otherwise noted herein, all requirements in this PBWS are mandatory minimum requirements
4.2. The Contractor shall provide all labor, materials, facilities and equipment, including but not limited to all qualified staff where applicable or necessary. The following paragraphs delineate the service performance requirements:
4.2.1. The Contractor shall provide a propeller aircraft. Exceeding the following requirements is generally acceptable. Improved performance as a result of technology advancements that is of benefit to CSG-4 training is generally desired.
4.2.2. Basic Airframe: The Contractor shall provide one (1) full Federal Aviation Administration (FAA) certified as Civil ("Experimental" Certification are NOT acceptable) aircraft that meets the following requirements:
a. Max Endurance – Four and one half (4.5) hours (hrs) total endurance (Take Off (T/O) to Landing + reserves)
b. Service ceiling => 15,000 ft Mean Sea Level (MSL)
c. Two UHF radios
d. One HF radio
e. Tactical Air Navigation (TACAN)
f. Large Area Tracking Range (LATR) capable (LATR will be provided as Government Furnished Equipment (GFE))
g. Speed: Cruise straight and level at 170 knts
4.2.3. Mission Parameters: The Contractor’s proposed aircraft/aircrew will be capable of executing the following profiles as required by CSG-4 within a fourteen (14) day period of notification:
a. The Contractor shall launch from Wilmington NC, Cecil Field FL, or a predetermined substitute airport upon agreement between the Contractor and Government.
b. The Contractor shall transit 100 NM to an Initial Point (IP) in either W-122/JAXOA airspace, as required.
c. The Contractor’s aircraft shall provide three (3) hrs loiter time at 5,000 ft MSL on station at IP or flying vectors as briefed by CSG-4.
d. The Contractor’s aircraft shall provide continuous relay of HF or UHF Air Defense Command and Reporting (ADC&R) communications on independent UHF net, and may simultaneously provide Link-16 interference training. The organic interference will not interfere with the aircraft’s ability to navigate or communicate on an independent UHF radio.
e. The Contractor provided Link-16 Trainer shall not generate interference within the FAA’s Identification, Friend or Foe (IFF) spectrum.
5. The Contractor shall identify a Contractor Deployment Representative (CDR) for each deployment. The CDR at the deployment site shall:
5.1. Ensure the attendance of pilots at required procedure and mission briefings.
5.2. Ensure the Contractor’s aircraft launches in sufficient time to arrive at designated stations on time.
5.3. Coordinate all maintenance, servicing, logistics, crew transportation, Contractor personnel briefings, and security clearances in support of this contract.
5.4. Provide synopsis for each mission of flight minutes and sorties completed, including a brief summary operations.
5.5. Be cognizant of and comply with base safety and emergency procedures.
5.6. Ensure that aircrews are briefed on airfield and operation area, operation and flight regulations and procedures.
6. ADMINISTRATIVE /TECHNICAL DATA (CLIN 0005)
The Contractor shall submit administrative/technical data in accordance with the Contract Data Requirements List (CDRL), DD Form 1423, Exhibit A001 – A003, of this contract
7. TRAVEL (CLIN 0003)
7.1. The Government will reimburse the Contractor for allowable travel costs incurred by the Contractor in performance of the contract in accordance with Naval Air System Command (NAVAIR) clause 5252.232-9509, and Federal Acquisition Regulation (FAR) Part 31.2. Prior to travel, the COR or SO must approve all travel requests and per diem reimbursements. Examples of authorized Temporary Duty (TDY) include attending training required by the Government and participating in exercises that require an overnight stay away from home base. Any costs incurred in excess of the specific delivery order Travel CLIN limitation, must be approved by the COR prior to incurring them. Travel and per diem costs incurred in the replacement or relocation of personnel will not be reimbursed when such replacement or relocation is for the Contractor’s or employee’s convenience.
7.1.1. If authorized by the COR or SO, the Contractor will be paid on the basis of actual amount paid to the extent that such travel is necessary for the performance of services as scheduled by the COR or SO. In no event will such payments exceed the rates of common carriers without additional COR written approval. If only higher classes of service are available, the Contractor shall obtain written approval from the COR or SO, prior to commencing travel.
7.2. Per Diem
7.2.1. Hotel or Motel (lodging) will be paid to the Contractor only to the extent that an overnight stay is necessary and authorized in writing by the COR or SO. These rates will be based on rates contained in the regulations identified in paragraph (b) of NAVAIR clause 5252.232-9509. When obtaining federal Government rates is not possible, such as because of short notice or because the Contractor is not officially an employee of the Government, the Contractor shall obtain the lowest Government Contractor rate. The Contractor must provide evidence of the lack of adequate hotels at the applicable Government rates. In the event that lodging is not available within the applicable Government Regulations rate, contact the COR or SO for approval to exceed the rate. The Government will provide no cost (letter of intent) travel orders to show authorization to obtain Government rate lodging where authorized.
7.2.2. The Government requires all Contractor employees to stay at the same location whenever possible.
7.3. If the Government has canceled a requirement or the Contractor has been released early, and the Contractor has been required to pay in advance for lodging, airfare, and is unable to obtain reimbursement from the hotel, airline, or rental car company, such reimbursement of otherwise allowable expenses will be allowed with COR or SO approval. The Contractor must provide documentation from the company that cites refusal to refund the deposits or prepayment.
7.3.1. The Contractor shall ensure lodging, per-diem, flight reservation, travel to and from the training site, and any other costs not mentioned, are in compliance with the U.S. Joint Travel Federal Regulations.
7.3.2. The Government reserves the right to order demobilization or mobilization of Contractor personnel to their designated home base and return when extended periods of non-flight operations occur.
7.4. Material (CLIN 0004)
Material provided under this line item is over and above the material prices in the fixed flight time unit provide as material necessary to perform the services. The material under this item does not include such items as office supplies and tools of the trade. Material procured under this line item shall become property of the Government subject to the Government property clause in this contract. The use of this CLIN requires prior TPOC written approval. Examples of allowable charges to this line item may include:
· Fuel Cost
· Shipping of GFE/Contractor Furnished Equipment (CFE) when supporting deployment or otherwise directed by the Government
· Airport usage charges (deployment only)
· Landing Fees (deployment only)
AIRCREW IN NON-FLYING STATUS (CLIN 0002)
When deployed during defined mission dates, the Contractor may utilize this when no flight operations are flown during any calendar day. The Contractor shall obtain approval from the SO, prior to utilizing this CLIN. This CLIN shall not be utilized due to Contractor-cancelled flight operations. This CLIN is not applicable to pilots or air crew members whose salaries are included in the fixed-rate.
8. AIRCREW AND NON-CREWMEMBER
8.1. The aircrew includes pilots and co-pilots. Non-crewmembers or other mission essential personnel aboard the aircraft’s FAA Airworthiness Certificate and 14 CFR requirements. Aircrew shall comply with the following requirements:
8.1.1. Scheduling: Aircrew flight time limitations and rest requirements shall comply with provisions of 14 CFR 135.269.
8.2. Pilot in Command: The Pilot in Command (PIC) shall have the final authority to determine whether an aircraft is airworthy, whether to launch or terminate a mission and to deny boarding of anyone.
8.2.1. 3PIC requirements:
8.2.1.1. Pilot Certificate: The PIC shall hold at least a commercial pilot certificate with appropriate category and class ratings, and if appropriate type rating for aircraft. The PIC shall have at least 1,200 hours total pilot time, 100 hours night time, and 75 hours actual or simulated instrument time at least 50 hours of which were in actual flight.
8.2.1.2. Instrument Proficiency Check: Prior to flying as PIC, the pilot shall have completed and instrument proficiency check in the type of aircraft being flow within the preceding 12 months. The instrument proficiency check shall be conducted in accordance with 14 CFR 135.297. If a pilot is qualified in more than one type of aircraft under the Contract, the pilot shall complete an instrument proficiency check in each type aircraft. In no case shall a pilot serve as a PIC in an aircraft type that he/she has not conducted an instrument proficiency check within the preceding 24 months. A flight simulator may be used for the instrument proficiency check provided the flight simulator represents the type of aircraft used under this contract and is conducted by a training center certified by the FAA.
8.2.1.3. Experience: The PIC shall meet the recent experience requirements of 14 CFR 61.57 regardless of whether or not passengers are carried on the aircraft.
8.2.1.4. Second in Command: If a Second in Command (SIC) is required for the contract the SIC shall hold a commercial pilot certificate and meet the requirements of 14 CFR 61.55.
9. FLIGHT OPERATIONS
9.1. The Contractor shall be cognizant of and comply with all safety requirements provided by Air Traffic Control (ATC).
9.2. The Contactor shall provide the Government a single point of contact for each exercise to coordinate range operations with the Government exercise coordinator and tasking authority to determine the safe integration of operations.
9.3. The Contractor operating personnel shall participate in required briefings and/or required training provided by the Government to operate within designated airspace or operate their vehicles (e.g., training ranges, airfield course rules briefs, etc) as directed by the SO.
9.4. The Government will provide instructions for base access, government point of contact, shipping recommendations, required training and aircraft basing location to the Contractor for each event. The Government will provide notification within 18 hours of a mission. In the event the Government has a requirement for a Link-16 interference and/or HF to UHF relay mission and it is not possible to provide the Contractor an 18 hr. notification, the Contractor reserves the right to decline.
10. Fuel
10.1. This is a “dry” contract. The Government will provide access to fuel at U.S. Government bases and civil fields. The Contractor shall obtain fuel using U.S. Government contract fuel when available worldwide for the Contractor’s use during contract performance.
10.1.1. Fuel Cards. The Government will provide appropriate fuel cards for each of the Contractor’s aircraft being used for this contract. The Contractor shall not use any Government provided fuel for any flights other than those scheduled under this contract. Any Government provided fuel used for maintenance test flights, maintenance ground turns, and training flights must be reimbursed to the Government.
10.1.2. Fuel Card Training. All card users (pilots, flight commanders, aircraft commanders, and crew chiefs) shall: (CDRL A001)
a. Complete the Card User Certification Course located at https://www.navsup.navy.mil/ccpmd/air_card/training.
b. Complete the Online Certification and renew every two years.
c. Sign a Card User Statement of Understanding (SOU) located at: https://www.navsup.navy.mil/ccpmd/air_card/training.
d. Print the Certificate of Completion, SOU and provide a copy via email or fax to the Fuel Accounts Manager and Agency Program Coordinator (APC).
· Fuel Accounts Manager: Linda Barrett, Phone: 301-862-2765 Fax: 301-862-2955 Email: lbarrett@jfti.com
· APC: Donna McGuire, Phone: 252-466-5360, Fax: 252-466-5246, Email: PMA226@navy.mil mailto:donna.mcguire@navy.mil
10.1.3. The Contractor shall track all fuel consumption and provide fuel receipts, flight logs and a Fuel Report to the Government in accordance with CDRL A002.
11. Contractor/Government Furnished Equipment And Material
11.1. GFE shall be determined by the training requirements as identified in this PBWS.
11.2. The Contractor shall provide engineering, manufacturing and materials to perform modifications required for the installation of the LATR to support event-specific payload requirements of GFE and/or CFE UHF and HF radios, and TACAN. The Contractor shall acquire the materials needed to manufacture items such as cables/harnesses and procure materials as required for installation of GFE.
11.2.1. All GFE management should include the following information:
a. Name/signature of Contractor responsible for receiving GFE
b. Name/signature of Government agency responsible for accepting the return of GFE
c. Nomenclature, part number, description, model number and National Stock Number (NSN)
d. Quantity/unit of measure
e. Unit cost
f. Unique-Item Identifier (UID) or equivalent
g. Statement as to whether property is to be furnished “as-is” and conditions and instructions for physical inspections
11.3. If GFE ships to and/or from the Government to the Contractor, shipment shall include a DD 1149 form or commercial standard shipping document and be shipped by traceable means.
11.4. If modifications are required to any aircraft being used for this contract, the Contractor shall provide all FAA documentation in accordance with paragraph 13.
12. AIRWORTHINESS
12.1. Navy Airworthiness Certification. In support of verification of declaring airworthiness certification as a civil aircraft, the Contractor shall make available, for Government review, records documenting the airworthiness of the aircraft and aircraft modifications, including Statements of Compliance with Airworthiness Standards (FAA form 8110-3), Major Repair and Alteration Records (FAA form 337), Flight Manuals and Flight Manual Supplements, Instructions for Continuing Airworthiness, Supplemental Type Certificates, etc. The Contractor shall submit the Airworthiness-Related System Description Documents (SDD) Substantiation Data supporting the Public Aircraft Operations (PAO) process in accordance with (CDRL A003).
12.1.1. The Contractor shall have all airworthiness documentation and aircraft equipped and capable for missions in accordance with this PBWS within 48 hours of award of contract, weekends are not excluded.
13. PLACE AND PERIOD OF PERFORMANCE
13.1. Travel location may include the following but are not limited to the following:
13.1.1. Wilmington International Airport, North Carolina tentative date between 15-24 Sep 2015
13.1.2. Cecil Field Airport, Florida tentative date between 27-29 Sep 2015
13.2. Period of performance for contract is 11 September 2015 through 10 September 2016.
14. Security
14.1. Intelligence Security
The Government will provide intelligence information necessary to perform the requirements of this contract. The information does not become the property of the Contractor and may be withdrawn at any time. Upon expiration of the contract, the Contractor shall return all intelligence information released and any information derived from the use of the intelligence information to the releasing activity for final disposition.
14.2. Intelligence Information
The Contractor shall not release the intelligence information to any activity, employee, agent, or representative of the Contractor’s organization not directly engaged in providing services under this contract or to any other Contractor (including subcontractors), Government agency, private individuals, or organizations without prior written approval of the releasing activity.
14.3. Intelligence Information to Foreign Nationals
The Contractor shall not release intelligence information to foreign nationals or immigrant aliens regardless of the level of their security clearance or access authorization without prior written approval from the releasing activity.
14.4. Intelligence Information Reproduction
The Contractor shall not reproduce intelligence information without prior written approval of the releasing activity. All intelligence information shall bear a prohibition against reproduction statement/marking while in the custody of the Contractor.
14.5. Records
The Contractor shall maintain records which will permit it to furnish, on demand, the names of individuals who have had access to intelligence material in its custody.
14.6. Physical Security
The Contractor shall be responsible for all physical security aspects of the work performed under this contract, including the security of all aircraft, associated vehicles, and equipment. Additionally, the Contractor shall be responsible for GFP while the GFP is in the Contractor’s possession and shall make provisions for adequate storage of the GFP. Such storage at each designated base shall be located in one or more secure structures with a total storage area of approximately 200 square feet and physically located within close proximity of the aircraft. Lesser square footage may be required at other locations unless Government facilities are provided.
14.7. Information Security
The work performed under this contract as stated in the DD Form 254 (TBD) will involve Contractor access to Secret material at a Government facility and handling classified material.
15. INSURANCE REQUIREMENT
The Contractor shall, at his own expense, procure insurance from a financially and legally responsible insurance company or companies, and maintain such insurance at the minimum amounts as set forth below:
15.1. The Contractor hereby certifies that it maintains liability insurance in the amount of at least $1,000,000 per aircraft to cover its obligations set forth herein and that the United States is named as an additional assured with respect to said performance with waiver of subrogation.
15.2. Liability for Bodily Injury to or Death of Aircraft Passengers/Crew: The Contractor shall have a minimum amount of insurance for each person of at least $500,000 per aircraft and a limit for each occurrence in any one aircraft of at least an amount equal to the sum produced by multiplying $500,000 by 75% of the number of aircraft seats.
15.3. Liability for Bodily Injury or Death of Persons (excluding passengers): The Contractor shall have a minimum amount of insurance of at least $500,000 per aircraft for each person in any one accident and a limit of at least $2,000,000 for each accident.
15.4. Liability for Loss of or Damage to Property: The Contractor will be carrying GFE. The Contractor shall have a minimum amount of insurance of at least $200,000 per aircraft of liability for loss and/or damaged property insurance for each accident.
15.5. If Combines Single Limit Liability is used, the amount is to be at least equal to the combined minimum amounts prescribed above for the various categories of split limits coverage.
15.6. Liability payment insurance purchased pursuant to the requirements shall cover payment to the U. S. Government pursuant to the subrogation provisions of the Medical Care Recovery Act (42 U.S.C 2651-3) and the price of U.S. Government provided medical care to the extent that said insurance would cover payment of the price of medical care in the absence of any U.S. Government obligation to provide medical care.
15.7. In the event all or any part of the insurance, which has been placed by the Contractor, shall become vitiated, suspended, lapsed or terminated from any cause arising out of, or as a result of orders, acts or omissions of the Government in its sovereign or contractual capacity, the Government shall not indemnify the Contractor against any loss, damage, or expense suffered or sustained by it as a result of such vitiation, suspension, lapse or termination; provided, however, that the Contractor shall credit the Government with any and all savings in respect to premiums or charges from the time of such vitiation, suspension, lapse or termination.
15.8. The Contractor shall provide proof to the Contracting Officer of compliance with these provisions not later than 48 hours prior to commencement of performance. An approved program of self-insurance, as provided in FAR Part 28.308 may be substituted. At the sole discretion of the Government, war risk insurance may be provided pursuant to 14 CFR 198 as required. If the Government does not provide war risk insurance, the Contractor shall be responsible for obtaining commercial war risk insurance at its expense.
ACRONYM LIST:
(ADC&R) - Air Defense Command and Reporting (ATC) - Air Traffic Control (CDRL) – Contract Deliverable Requirements List (CDR) - Contractor Deployment Representative (CFE) - Contractor Furnished Equipment (CLIN) Contract Line Item Number (CSG-4) - Carrier Strike Group Four (C2X) - Composite Training Unit Exercise (CUI) - Controlled Unclassified Information (DoD) - Department of Defense (FAR) - Federal Acquisition Regulation (FAA) - Federal Aviation Administration (GFE) - Government Furnished Equipment (HF) - High Frequency (hrs) – Hours (HST) - Harry S. Truman (IFF) - Identification, Friend or Foe (IP) - Initial Point (LATR) - Large Area Tracking Range (MSL) - Mean Sea Level (NAC) - National Agency Check (NAVAIR) - Naval Air Systems Command
(nm) - Nautical Miles (NSN) - National Stock Number (PAO) - Public Aircraft Operations (PBWS) - Performance Based Work Statement (PIC) - Pilot in Command (SO) – Scheduling Officer (SIC) - Second in Command (SOU) - Statement of Understanding (SDD) - System Design Documents (TACAN) - Tactical Air Navigation (T/O) – Take Off (TTP) - Tactics, Techniques and Procedures (TDY) - Temporary Duty (UHF) – Ultra High Frequency (UID) - Unique-Item Identifier
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
| 0002 |
| Destination |
| Government |
| Destination |
| Government |
| 0003 |
| Destination |
| Government |
| Destination |
| Government |
| 0004 |
| Destination |
| Government |
| Destination |
| Government |
| 0005 |
| Destination |
| Government |
| Destination |
| Government |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC |
| 0001 |
| POP 11-SEP-2015 TO |
10-SEP-2016
| N/A |
| N/A |
| 0002 |
| POP 11-SEP-2015 TO |
10-SEP-2016
| N/A |
| N/A |
| 0003 |
| POP 11-SEP-2015 TO |
10-SEP-2016
| N/A |
| N/A |
| 0004 |
| POP 11-SEP-2015 TO |
10-SEP-2016
| N/A |
| N/A |
| 0005 |
| POP 11-SEP-2015 TO |
10-SEP-2016
| N/A |
| N/A |
CLAUSES INCORPORATED BY REFERENCE
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
Section G - Contract Administration Data
CLAUSES INCORPORATED BY FULL TEXT
| 52.204-13 | SYSTEM FOR AWARD MANAGEMENT MAINTENANCE(JUL 2013) | |||
| (a) Definitions. As used in this clause-- | ||||
| “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors. | ||||
| “Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. | ||||
| “Registered in the System for Award Management database” means that-- | ||||
| (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14(, into the SAM database; | ||||
| (2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database; | ||||
| (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process: and | ||||
| (4) The Government has marked the record “Active”. | ||||
| “System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes-- | ||||
| (1) Data collected from prospective Federal awardees required for the conduct of business with the Government; | ||||
| (2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and | ||||
| (3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. | ||||
| (b)The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. | ||||
| (c)(1)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to-- | ||||
| (A) Change the name in the SAM database; | ||||
| (B) Comply with the requirements of subpart 42.12 of the FAR; and | ||||
| (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name. | ||||
| (ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract. | ||||
| (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “ Suspension of Payment ” paragraph of the EFT clause of this contract. | ||||
| (3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted-- | ||||
| (i) Via the Internet at http://fedgov.dnb.com/webform or if the Contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or | ||||
| (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. | ||||
| (d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov . |
| 252.232-7003 | ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 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 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. |
| 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). | ||
| ___________________________________________________________________________ | ||
| (Contracting Officer: Insert applicable document type(s). Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.) | ||
| (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. | ||
| ___________________________________________________________________________ | ||
| (Contracting Officer: Insert inspection and acceptance locations or "Not applicable.") | ||
| (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. |
| Routing Data Table* | ||||
| Field Name in WAWF | Data to be entered in WAWF | |||
| Pay Official DoDAAC: | _________________________ | |||
| Issue By DoDAAC: | _________________________ | |||
| Admin DoDAAC: | _________________________ | |||
| Inspect By DoDAAC: | _________________________ | |||
| Ship To Code: | _________________________ | |||
| Ship From Code: | _________________________ | |||
| Mark For Code: | _________________________ | |||
| Service Approver (DoDAAC): | _________________________ | |||
| Service Acceptor (DoDAAC): | _________________________ | |||
| Accept at Other DoDAAC: | _________________________ | |||
| LPO DoDAAC: | _________________________ | |||
| DCAA Auditor DoDAAC: | _________________________ | |||
| Other DoDAAC(s): | _________________________ | |||
| (*Contracting Officer: Insert applicable DoDAAC information or "See schedule" if multiple ship to/acceptance locations apply, or "Not applicable.") | ||||
| (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. | ||||
| (5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. |
(Contracting Officer: Insert applicable email addresses or "Not applicable.")
| (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. For Navy WAWF questions call DFAS Customer Care 1-800-756-4571 option 6 | |
| (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. |
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.204-7004 Alt A |
| System for Award Management Alternate A |
| FEB 2014 |
| 252.204-7012 |
| Safeguarding of Unclassified Controlled Technical Information |
| NOV 2013 |
| 252.223-7004 |
| Drug Free Work Force |
| SEP 1988 |
CLAUSES INCORPORATED BY FULL TEXT
| 52.213-4 | TERMS AND CONDITIONS -- SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (APR 2015) | ||||
| (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference: | |||||
| (1) The clauses listed below implement provisions of law or Executive order: | |||||
| (i) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755). | |||||
| (ii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (E.O. 11246). | |||||
| (iii) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). | |||||
| (iv) 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). | |||||
| (v) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). | |||||
| (vi) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Las 108-77 and 108-78(19 U.S.C. 3805 note)). | |||||
| (vii) 52.222-6, Subcontracts for Commercial Items (Apr 2015). | |||||
| (2) Listed below are additional clauses that apply: | |||||
| (i) 52.232-1, Payments (Apr 1984). | |||||
| (ii) 52.232-8, Discounts for Prompt Payment (Feb 2002). | |||||
| (iii) 52.232-11, Extras (Apr 1984). | |||||
| (iv) 52.232-25, Prompt Payment (Jul 2013). | |||||
| (v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013). | |||||
| (vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) | |||||
| (vii) 52.233-1, Disputes (May 2014). | |||||
| (viii) 52.244-6, Subcontracts for Commercial Items (Mar 2015). | |||||
| (ix) 52.253-1, Computer Generated Forms (Jan 1991). | |||||
| (b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply: | |||||
| (1) The clauses listed below implement provisions of law or Executive order: | |||||
| (i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013)(Pub.L. 109-282)(31 U.S.C. 6101 note)(Applies to contracts valued at $25,000 or more). | |||||
| (ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014)(E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.) | |||||
| (iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014)(41 U.S.C. chapter 65)(Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands). | |||||
| (iv) 52.222-35, Equal Opportunity for Veterans (July 2014) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more). | |||||
| (v) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.)(For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.). | |||||
| (vi) 52.222-37, Employment Reports on Veterans (July 2014)(38 U.S.C. 4212)(Applies to contracts of $100,000 or more). | |||||
| (vii) 52.222-41, Service Contract Labor Standards, (May 2014)(41 U.S.C. chapter 67)(Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf). | |||||
| (viii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015)(22 U.S.C. chapter 78 and E.O. 13627)(Applies to all solicitations and contracts. | |||||
| (B) Alternate I (applied if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies. | |||||
| (ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658). | |||||
| (x) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011)(E.O. 13423) (Applies to services performed on Federal facilities). | |||||
| (xi) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007)(42 U.S.C. 8259b)(Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP) will be-- | |||||
| (A) Delivered; | |||||
| (B) Acquired by the Contractor for use in performing services at a Federally-controlled facility; | |||||
| (C) Furnished by the Contractor for use by the Government; or | |||||
| (D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.) | |||||
| (xii) 52.225-1, Buy American--Supplies (May 2014)(41 U.S.C. chapter 83)(Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition-- | |||||
| (A) Is set aside for small business concerns; or | |||||
| (B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000. | |||||
| (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014)(42 U.S.C. 1792)(Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.) | |||||
| (xiv) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information.). | |||||
| (xv) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013). (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.). | |||||
| (2) Listed below are additional clauses that may apply: | |||||
| (i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013)(Applies to contracts over $30,000). | |||||
| (ii) 52.211-17, Delivery of Excess Quantities (Sep 1989)(Applies to fixed-price supplies). | |||||
| (iii) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin). | |||||
| (iv) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination). | |||||
| (c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil. | |||||
| (d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights -- | |||||
| (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and | |||||
| (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. | |||||
| (e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. | |||||
| (f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. |
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