The file's text, extracted by GovTribe without its formatting.
N00421-17-R-0021
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
NON RECURRING ENGINEERING (NRE)
CPFF
Engineering, Technical, and/or Logistics Services in support of FMF App, SOW Paragraphs 3.1 through 3.11, 3.13 and 3.14.
FOB: Destination
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
Software Recompiling
CPFF
In Support of SOW Paragraph 3.12
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
TRAVEL
COST
Travel in Support of CLIN 0002 - $25K per T/M/S, NTE $100K
ESTIMATED COST
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
FMF LICENSE PROCUREMENT
FFP
FMF license per aircraft by Type/Model/Series (covers multiple copies if necessary for reliability requirements).
NET AMT
STEPLADDER PRICING
| STEPLADDER NAME |
| ITEM NO |
| FROM QUANTITY |
| TO QUANTITY |
| UNIT PRICE |
| FMF Software App and License |
| 0004 |
| 1.00 |
| 300.00 |
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
FMF LICENSE PROCUREMENT
FFP
SERVICE ENTERPRISE LICENSE - purchase of an indefinite amount of FMF Licenses to supply all aircraft in the licensed fleet of aircraft for the Department of the Navy and Marine Corps and Navy Lead Joint Programs.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
TECHNICAL DATA
Technical data in support of CLIN 0001 - NOT SEPARATELY PRICED
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
| OPTION |
| NON RECURRING ENGINEERING (NRE) |
CPFF
Engineering, Technical, and/or Logistics Services in support of FMF App, SOW Paragraphs 3.1 through 3.11, 3.13 and 3.14
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
RESERVED
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
RESERVED
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| FMF LICENSE PROCUREMENT |
FFP
FMF license per aircraft by Type/Model/Series (covers multiple copies if necessary for reliability requirements).
NET AMT
| STEPLADDER NAME |
| ITEM NO |
| FROM QUANTITY |
| TO QUANTITY |
| UNIT PRICE |
| FMF Software App and License |
| 0104 |
| 1.00 |
| 300.00 |
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
RESERVED
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Technical data in support of CLIN 0101 NOT SEPARATELY PRICED
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
| OPTION |
| NON RECURRING ENGINEERING (NRE) |
CPFF
Engineering, Technical, and/or Logistics Services in support of FMF App, SOW Paragraphs 3.1 through 3.11, 3.13 and 3.14
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
RESERVED
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
RESERVED
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| FMF LICENSE PROCUREMENT |
FFP
FMF license per aircraft by Type/Model/Series (covers multiple copies if necessary for reliability requirements).
NET AMT
| STEPLADDER NAME |
| ITEM NO |
| FROM QUANTITY |
| TO QUANTITY |
| UNIT PRICE |
| FMF Software App and License |
| 0204 |
| 1.00 |
| 300.00 |
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
RESERVED
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Technical data in support of CLIN 0201 NOT SEPARATELY PRICED
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
| OPTION |
| NON RECURRING ENGINEERING (NRE) |
CPFF
Engineering, Technical, and/or Logistics Services in support of FMF App, SOW Paragraphs 3.1 through 3.11, 3.13 and 3.14
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
RESERVED
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
RESERVED
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| FMF LICENSE PROCUREMENT |
FFP
FMF license per aircraft by Type/Model/Series (covers multiple copies if necessary for reliability requirements).
NET AMT
| STEPLADDER NAME |
| ITEM NO |
| FROM QUANTITY |
| TO QUANTITY |
| UNIT PRICE |
| FMF Software App and License |
| 0304 |
| 1.00 |
| 300.00 |
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
RESERVED
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Technical Data in support of CLIN 0301 NOT SEPARATELY PRICED
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
| OPTION |
| NON RECURRING ENGINEERING (NRE) |
CPFF
Engineering, Technical, and/or Logistics Services in support of FMF App, SOW Paragraphs 3.1 through 3.11, 3.13 and 3.14
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
RESERVED
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
RESERVED
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| FMF LICENSE PROCUREMENT |
FFP
FMF license per aircraft by Type/Model/Series (covers multiple copies if necessary for reliability requirements).
NET AMT
| STEPLADDER NAME |
| ITEM NO |
| FROM QUANTITY |
| TO QUANTITY |
| UNIT PRICE |
| FMF Software App and License |
| 0404 |
| 1.00 |
| 300.00 |
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
RESERVED
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Technical Data in support of CLIN 0401 NOT SEPARATELY PRICED
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
Section C - Descriptions and Specifications
DESCRIPTION
Section C - Descriptions and Specifications
SECTION C
Items 0001, 0002 and Option Items 0101, 0201, 0301 and 0401 – The Contractor shall provide engineering and technical services in accordance with Attachment (1), Statement of Work (SOW) for Flight Management Functionality (FMF) Software Application, dated 21 July 2017.
Item 0006 and Option Items 0106, 0206, 0306 and 0406 – The technical data to be furnished hereunder shall be provided in accordance with Exhibit A, Contract Data Requirements List, DD Form 1423, as provided herein.
CLAUSES INCORPORATED BY FULL TEXT
C-TXT-ECMRA REQUIRED ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA) INFORMATION
| The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the [NAMED COMPONENT] via a secure data collection site. Contracted services, excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are: | |
| (1) W, Lease/Rental of Equipment; |
| (2) X, Lease/Rental of Facilities; |
| (3) Y, Construction of Structures and Facilities; |
| (4) D, Automatic Data Processing and Telecommunications, IT and Telecom - Telecommunications Transmission (D304) and Internet (D322) ONLY. |
| (5) S, Utilities ONLY; |
| (6) V, Freight and Shipping ONLY. |
| The contractor is required to completely fill in all required data fields using the following web address "https://doncmra.nmci.navy.mil". | |
| Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at "https://doncmra.nmci.navy.mil". | |
Section D - Packaging and Marking
PACKING
Section D - Packaging and Marking
SECTION D
Items 0001, 0002 and Option Items 0101, 0201, 0301 and 0401 – Packaging and marking is not applicable.
Item 0006 and Option Items 0106, 0206, 0306, and 0406 – The technical data to be provided under Exhibit A, Contract Data Requirements List (CDRL), DD Form 1423 shall be delivered electronically, in accordance with Block 16 of the CDRL.
| 5252.247-9507 | PACKAGING AND MARKING OF REPORTS (NAVAIR)(OCT 2005) | |
| (a) All unclassified data shall be prepared for shipment in accordance with best commercial practice. Classified reports, data and documentation, if any, shall be prepared for shipment in accordance with the National Industry Security Program Operating Manual, DoD 5220.22-M. | |
| (b) The contractor shall prominently display on the cover of each report the following information: | |
| | (1) Name and business address of contractor. |
| | (2) Contract Number/Delivery/Task order number. |
| | (3) Contract/Delivery/Task order dollar amount. |
| | (4) Whether the contract was competitively or non-competitively awarded. |
| | (5) Name of sponsoring individual. |
| | (6) Name and address of requiring activity. |
| 5252.247-9508 | PROHIBITED PACKING MATERIALS (NAVAIR)(JUN 1998) |
| The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use. |
| 5252.247-9514 | TECHNICAL DATA PACKING INSTRUCTIONS (NAVAIR)(SEP 1999) |
| Technical Data and Information shall be packed and packaged for domestic shipment in accordance with best commercial practices. The package or envelope should be clearly marked with any special markings specified in this contract (or delivery/task order), e.g., Contract Number, CLIN, Device No., and document title must be on the outside of the package. Classified reports, data and documentation, if applicable, shall be prepared for shipment in accordance with Defense Industrial Manual for Safeguarding Classified Information, DoD 5220.22M. |
Section E - Inspection and Acceptance
INSPECTION
Section E - Inspection and Acceptance
SECTION E
Item 0001, 0002 and Option Items 0201, 0301, and 0401 – Inspection and acceptance of the technical services to be furnished hereunder will be made via DD Form 250 at the Contractor's Location by the cognizant Defense Contract Management Agency (DCMA) based upon the successful completion of the tasking specified in Attachment (1) Statement of Work (SOW) for Flight Management Function (FMF) Software Application. A completed DD Form 250 shall be presented to the ACO for Acceptance. The Government FMF App Technical Point of Contact (TPOC) will provide written verification to DCMA (ACO) that all terms and conditions of the Contract have been met and are completed. The Government reserves the right to inspect under the inspection provision of the contract.
Item 0006 and Option Items 0106, 0206, 0306 and 0406 – Inspection and acceptance of the technical data to be provided hereunder will be provided at destination in accordance with Exhibit A, Contract Data Requirements List (CDRL) (DD Form 1423), will be made by the first addressee listed in the distribution list (Block 14 of DD Form 1423).
Item 0004, 0005 and Option Items 0104, 0204, 0304, and 0404: Inspection and acceptance of the supplies, data, and/or services to be furnished hereunder shall be performed at Destination by the PMA209 Communication Navigation Surveillance/Air Traffic Management (CNS/ATM) Integrated Product Team Lead (IPTL). A DD Form 250 shall be presented to the ACO for Acceptance. The Government FMF App Technical Point of Contact (TPOC) will provide written verification to DCMA (ACO) that all terms and conditions of the Contract have been met and are completed.
Item 0003: Inspection and acceptance of the supplies, data and/or services is not applicable.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Origin |
| Government |
| Origin |
| Government |
| 0002 |
| Origin |
| Government |
| Origin |
| Government |
| 0003 |
| N/A |
| N/A |
| N/A |
| Government |
| 0004 |
| Destination |
| Government |
| Destination |
| Government |
| 0005 |
| Destination |
| Government |
| Destination |
| Government |
| 0006 |
| N/A |
| N/A |
| N/A |
| Government |
| 0101 |
| Origin |
| Government |
| Origin |
| Government |
| 0104 |
| Destination |
| Government |
| Destination |
| Government |
| 0201 |
| Origin |
| Government |
| Origin |
| Government |
| 0204 |
| Destination |
| Government |
| Destination |
| Government |
| 0301 |
| Origin |
| Government |
| Origin |
| Government |
| 0304 |
| Destination |
| Government |
| Destination |
| Government |
| 0401 |
| Destination |
| Government |
| Destination |
| Government |
| 0404 |
| Destination |
| Government |
| Destination |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-2 |
| Inspection Of Supplies--Fixed Price |
| AUG 1996 |
| 52.246-3 |
| Inspection Of Supplies Cost-Reimbursement |
| MAY 2001 |
| 52.246-16 |
| Responsibility For Supplies |
| APR 1984 |
| 252.246-7000 |
| Material Inspection And Receiving Report |
| MAR 2008 |
| 5252.246-9512 | INSPECTION AND ACCEPTANCE (NAVAIR)(OCT 2005) |
| (a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed will be made via DD Form 250 at the Contractor's Location by the cognizant Defense Contract Management Agency (DCMA) based upon the successful completion of the tasking specified in Attachment (1) Statement of Work (SOW) for Flight Management Function (FMF) Software Application. A completed DD Form 250 shall be presented to the ACO for Acceptance. The Government FMF App Technical [Technical Point of Contact (TPOC) will provide written verification to DCMA (ACO) that all terms and conditions of the Contract have been met and are completed.. |
| (b) Acceptance of all Contract Line Items/Sub Line Items (CLINs/SLINs) shall be made by signature of the accepting authority on a DD 250 submitted through the WAWF system. Acceptance will only occur when the accepting authority is sure that inspections performed demonstrate compliance with contract requirements. |
| 5252.246-9528 | INSPECTION AND ACCEPTANCE (SPECIAL CONDITIONS)(NAVAIR) (OCT 2005) |
| (a) Initial inspection of the supplies to be furnished hereunder shall be made by [identify who will perform inspection] at the contractor's or subcontractor's plant located at [insert address/location of plant where inspection will take place]. Final inspection and acceptance shall be made by [identify who will perform final inspection/acceptance] within [insert number of days in which final inspection/ acceptance will be made] after [insert beginning time for final inspection/acceptance]. |
| (b) Initial inspection shall consist of quality assurance at point of manufacture and/or assembly and check/test prior to shipment. Final inspection and acceptance will be made by the Receiving Activity after installation/check out testing of the supplies. |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
31-MAR-2019
31-MAR-2023
31-MAR-2023
31-MAR-2019
| 0005 |
| 12 mths. ADC |
| 0 |
| PMA 209 AIR COMBAT ELECTRONICS |
SUSAN WHITLEY/ANTHONY STACHOWSKI FMF APP
47123 BUSE ROAD
BLDG 2272 SUITE 351
PATUXENT RIVER MD 20670
301-757-6457/301-757-1539
N00019
31-MAR-2020
31-MAR-2020
31-MAR-2021
31-MAR-2021
31-MAR-2022
31-MAR-2022
31-MAR-2023
31-MAR-2023
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| 5252.211-9507 | PERIOD OF PERFORMANCE (NAVAIR)(SEP 2013) |
| (a) The contract shall commence on at contract award- TBD and shall continue for a period of 60 months . However, the period of performance may be extended in accordance with the option provisions contained herein. |
| (b) If DFAR Clause 252.216-7006, "Ordering", is incorporated into this contract, then the period in which the Government can issue orders under the contract will be extended at the exercise of an option, and extended to the end of that option period. |
| 5252.247-9505 | TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995) | |
| Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data Requirements List, DD Form 1423, Exhibit A001-A009, A00A-A00Z and A0010-A0018, attached hereto, and the following: | |
| (a) The contractor shall concurrently deliver technical data and information per DD Form 1423, Blocks 12 and 13 (date of first/subsequent submission) to all activities listed in Block 14 of the DD Form 1423 (distribution and addresses) for each item. Complete addresses for the abbreviations in Block 14 are shown in paragraph (g) below. Additionally, the technical data shall be delivered to the following cognizant codes, who are listed in Block 6 of the DD Form 1423. | |
| | (1) PCO, Code 2.5.1.10. |
| | (2) ACO, Code To Be Determined . |
| | [insert additional code addresses, as necessary] |
| (b) Partial delivery of data is not acceptable unless specifically authorized on the DD Form 1423, or unless approved in writing by the PCO. | |
| (c) The Government review period provided on the DD Form 1423 for each item commences upon receipt of all required data by the technical activity designated in Block 6. | |
| (d) A copy of all other correspondence addressed to the Contracting Officer relating to data item requirements (i.e., status of delivery) shall also be provided to the codes reflected above and the technical activity responsible for the data item per Block 6, if not one of the activities listed above. | |
| (e) The PCO reserves the right to issue unilateral modifications to change the destination codes and addresses for all technical data and information at no additional cost to the Government. | |
| (f) Unless otherwise specified in writing, rejected data items shall be resubmitted within thirty (30) days after receipt of notice of rejection. | |
| (g) DD Form 1423, Block 14 Mailing Addresses: | |
PMA 209 AIR COMBAT ELECTRONICS
SUSAN WHITLEY/ANTHONY STACHOWSKI FMF APP
47123 BUSE ROAD
BLDG 2272 SUITE 351
PATUXENT RIVER MD 20670
301-757-6457/301-757-1539
DELIVERIES
Items 0004, and Option Items 0104, 0204, 0304, and 0404 - Delivery of the supplies to be provided hereunder shall be accomplished on or before the 20th calendar day of the month. Deliveries shall be accomplished within twelve (12) months from the date of the first delivery, with deliveries evenly distributed across the 12 months. Final delivery schedule shall be based upon negotiated quantities.
Total
| Item(s) |
| Qty |
| Jan |
| Feb |
| Mar |
| Apr |
| May |
| Jun |
| Jul |
| Aug |
| Sept |
| Oct |
| Nov |
| Dec |
| Total |
TBN
TBN
TBN
Item 0005 - Delivery of the supplies to be provided hereunder shall be accomplished on or before the 20th calendar day of the month. Deliveries shall be accomplished within twelve (12) months from the date of the first delivery, with deliveries evenly distributed across the 12 months. Final delivery schedule shall be based upon negotiated quantities.
Total
| Item(s) |
| Qty |
| Jan |
| Feb |
| Mar |
| Apr |
| May |
| Jun |
| Jul |
| Aug |
| Sept |
| Oct |
| Nov |
| Dec |
| Total |
Items 0004, and 0005 and Option Items 0104, 0204, 0304, and – Final destination for the supplies is PMA 209 AIR COMBAT ELECTRONICS FMF APP -SUSAN WHITLEY /ANTHONY STACHOWSKI 47123 BUSE ROAD BLDG 2272 SUITE 351PATUXENT RIVER, MD 20670 TEL: 301-757-6457/301-757-1539. The contractor shall notify the Administrative Contracting Officer via email with any intent to ship supplies early. This notification shall be provided no later than 30 calendar days prior to the anticipated early delivery date.
Item 0006 and Option Items 0106, 0206, 0306 and 0406 - The technical data provided hereunder shall be delivered in accordance with Exhibit A, Contract Data Requirements List (CDRL), DD Form 1423 and associated Data Item Descriptions.
SPECIAL INSTRUCTIONS – Applicable to all CLINs
The Government will consider accelerated deliveries. To the extent the Government has the capacity to support early delivery, or the Contractor agrees to ship early deliveries in place (held in bonded storage with no liability for the item assumed on the part of the government) accelerated deliveries may be accepted provided there is no increase in cost to the Government.
Section G - Contract Administration Data
| 252.204-0001 |
| Line Item Specific: Single Funding |
| SEP 2009 |
| 252.204-7006 |
| Billing Instructions |
| OCT 2005 |
| 252.231-7000 |
| Supplemental Cost Principles |
| DEC 1991 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.242-7006 |
| Accounting System Administration |
| FEB 2012 |
| 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. |
| 5252.204-9503 | EXPEDITING CONTRACT CLOSEOUT (NAVAIR) (JAN 2007) |
| (a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $1,000 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party might be considered to the extent permitted by law. |
| (b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered. |
| 5252.232-9510 | PAYMENT OF FIXED FEE (NAVAIR) (OCT 2005) |
| (a) The fixed fee, as specified in Section B of this contract, subject to any adjustment required by other provisions of this contract, will be paid in installments. The fixed fee will be paid not more frequently than monthly based on the allowable cost. The amount of each such installment shall be in the same ratio to the total fixed fee or related provisional payment on account of allowable cost is to the total estimated cost of the contract or order if a completion contract. Payment shall be made in accordance with FAR Clauses 52.216-7, "Allowable Cost and Payment," and 52.216-8, "Fixed Fee." |
| (b) In the event of termination of the work in accordance with the FAR Clause 52.232-22, "Limitation of Funds," the fixed fee shall be redetermined by mutual agreement equitably to reflect the reduction of the work performed. The amount by which such fixed fee is less than or exceeds payments previously made on account of fee, shall be paid to (or repaid by) the contractor. |
| (c) The balance of the fixed fee shall be payable in accordance with other clauses of this contract. |
| (d) For indefinite delivery type contracts the terms of this clause apply to each delivery/task order there under. |
| 5252.232-9524 | ALLOTMENT OF FUNDS (NAVAIR)(OCT 2005) | | | | |
| (a) This contract is incrementally funded with respect to both cost and fee. | | | | |
| (b) The amounts presently available and allotted to this contract for payment of fee, as provided in the Section I clause of this contract entitled “FIXED FEE”, are as follows: | | | | |
| | | ITEM(S) | ALLOTTED TO FIXED FEE | |
| | | [insert CLIN] | $[insert dollar amount] | |
| (c) The amounts presently available and allotted to this contract for payment of cost, subject to the Section I “LIMITATION OF FUNDS” clause, the items covered thereby and the period of performance which it is estimated the allotted amount will cover are as follows: | | | | |
| | | | | PERIOD OF |
| ITEM(S) | ALLOTTED TO COST | PERFORMANCE | | |
| [insert CLIN] | $[insert dollar amount] | [insert period] | | |
| (d) The parties contemplate that the Government will allot additional amounts to this contract from time to time by unilateral contract modification, and any such modification shall state separately the amounts allotted for cost and for fee, the items covered thereby, and the period of performance the amounts are expected to cover. | | | | |
| 5252.242-9511 | CONTRACT ADMINISTRATION DATA (NAVAIR)(SEP 2012) | |
| (a) Contract Administration Office. | |
| | (1) Contract administration functions (see FAR 42.302(a) and DFARS 242.302(a)) are assigned to: See the ADMINISTERED BY Block on the face page of the contract, modification, or order. |
| (b) Special Instructions (see FAR 42.202(b) and (c)): | |
| | (1) The following contract administration functions are retained (see FAR 42.302(a) and DFARS 242.302(a)): |
| | Functions Retained |
| Retained for Performance By: | |
| [Insert function from FAR 42.302(a) or DFARS 242.302(a)] TBD |
| [Insert PCO, COR, Requiring Activity, or TPOC for each function.] TBD |
[Repeat as necessary.
(2) The following additional contract administration functions are assigned (see FAR 42.302(b)):
| Additional Functions |
| Retained for Performance By: |
| [Insert function from FAR 42.302(b) or other function identified as necessary for administration of the contract.] |
| [Insert "See the ADMINISTERED BY Block on the face page of the contract, modification or order," PCO, COR, Requiring Activity, or TPOC for each function.] |
| [Repeat as necessary. TBD |
| TBD |
(c) Inquiries regarding payment should be referred to: MyInvoice at https://myinvoice.csd.disa.mil//index.html.
Section H - Special Contract Requirements
H-1 H-1 ADDITIONAL QUANTITIES WITHIN THE OPTION PERIOD, CUMULATIVE QUANTITY AND DOWNWARD PRICE ADJUSTMENT
Should the step ladder CLIN be exercised, the Government may increase the quantity of supplies to be delivered as funds become available or integration becomes available, during the period of performance listed in Section F, via a bilateral contractual modification as mutually agreed to between the parties. Pricing for these units shall be based upon the unit prices established in the Section B stepladder pricing table. In the event additional quantities are ordered by the Government within the period of performance, the unit pricing for the supplies previously ordered under that period shall be adjusted to reflect the unit price identified in section B Stepladder Pricing for the aggregate quantity of supplies ordered.
If additional quantities are ordered outside of the period of performance, the unit price of previously procured quantities under the previous period of performance will not be adjusted to reflect the unit price of the aggregate quantity of supplies awarded, however, the cumulative quantity of licenses purchased over the life of the contract will be used to determine the appropriate step ladder pricing for the additional quantities procured in future options.
| 5252.204-9505 | SYSTEM AUTHORIZATION ACCESS REQUEST NAVY (SAAR-N) REQUIREMENTS FOR INFORMATION TECHNOLOGY(IT) (NAVAIR)(SEP 2012) |
| (a) Contractor personnel assigned to perform work under this contract may require access to Navy Information Technology (IT) resources (e.g., computers, laptops, personal electronic devices/personal digital assistants (PEDs/PDAs), NMCI, RDT&E networks, websites such as MyNAVAIR, and Navy Web servers requiring Common Access Card (CAC) Public Key Infrastructure (PKI)). Contractor personnel (prime, subcontractor, consultants, and temporary employees) requiring access to Navy IT resources (including those personnel who previously signed SAAR DD Form 2875) shall submit a completed System Authorization Access Request Navy (SAAR-N), OPNAV 5239/14 (Jul 2008) form or latest version thereof, and have initiated the requisite background investigation (or provide proof of a current background investigation) prior to accessing any Navy IT resources. The form and instructions for processing the SAAR-N form are available at: http://www.cnrc.navy.mil/publications/Forms/OPNAV_5239_14_SAAR_N.pdf. |
| (b) SAAR-N forms will be submitted to the Government Sponsor or Technical Point of Contact (TPOC) via the contractor’s Facility Security Officer (FSO). The designated SAAR-N Government Sponsor or TPCO for contractor employees requiring IT access, [fill-in name] shall be responsible for signing and processing the SAAR-N forms. For those contractors that do not have a FSO, SAAR-N forms shall be submitted directly to the designated SAAR-N Government Sponsor or TPOC. Copies of the approved SAAR-N forms may be obtained through the designated SAAR-N Government Sponsor or TPOC. Requests for access should be routed through the NAVAIR_SAAR.fct@navy.mil mailbox. |
| (c) In order to maintain access to Navy IT resources, the contractor shall ensure completion of initial and annual IA training, monitor expiration of requisite background investigations, and initiate re-investigations as required. If requested, the contractor shall provide to the designated SAAR-N Government Sponsor or TPOC documentation sufficient to prove that it is monitoring/tracking the SAAR-N requirements for its employees who are accessing Navy IT resources. For those contractor personnel not in compliance with the requirements of this clause, access to Navy IT resources will be denied/revoked. |
| (d) The SAAR-N form remains valid throughout contractual performance, inclusive of performance extensions and option exercises where the contract number does not change. Contractor personnel are required to submit a new SAAR-N form only when they begin work on a new or different contract. |
| 5252.211- 9510 | CONTRACTOR EMPLOYEES (NAVAIR)(MAY 2011) | |
| (a) In all situations where contractor personnel status is not obvious, all contractor personnel are required to identify themselves to avoid creating an impression to the public, agency officials, or Congress that such contractor personnel are Government officials. This can occur during meeting attendance, through written (letter or email) correspondence or verbal discussions (in person or telephonic), when making presentations, or in other situations where their contractor status is not obvious to third parties. This list is not exhaustive. Therefore, the contractor employee(s) shall: | |
| | (1) Not by word or deed give the impression or appearance of being a Government employee; |
| | (2) Wear appropriate badges visible above the waist that identify them as contractor employees when in Government spaces, at a Government-sponsored event, or an event outside normal work spaces in support of the contract/order; |
| | (3) Clearly identify themselves as contractor employees in telephone conversations and in all formal and informal written and electronic correspondence. Identification shall include the name of the company for whom they work; |
| | (4) Identify themselves by name, their company name, if they are a subcontractor the name of the prime contractor their company is supporting, as well as the Government office they are supporting when participating in meetings, conferences, and other interactions in which all parties are not in daily contact with the individual contractor employee; and |
| | (5) Be able to provide, when asked, the full number of the contract/order under which they are performing, and the name of the Contracting Officer’s Representative. |
| (b) If wearing a badge is a risk to safety and/or security, then an alternative means of identification maybe utilized if endorsed by the Contracting Officer’s Representative and approved by the Contracting Officer. | |
| (c) The Contracting Officer will make final determination of compliance with regulations with regard to proper identification of contractor employees. | |
| 5252.228-9501 | LIABILITY INSURANCE (NAVAIR) (MAR 1999) |
| The following types of insurance are required in accordance with the clause entitled, 52.228-7,"Insurance--Liability to Third Persons" and shall be maintained in the minimum amounts shown: |
| (a) Comprehensive General Liability: $200,000 per person and $500,000 per accident for bodily injury. |
| (b) Automobile Insurance: $200,000 per person and $500,000 per accident for bodily injury and $500,000 per accident for property damage. |
| (c) Standard Workman's Compensation and Employer's Liability Insurance (or, where maritime employment is involved, Longshoremen's and Harbor Worker's Compensation Insurance) in the minimum amount of $100,000. |
| (d) Aircraft public and passenger liability: $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability; $200,000 per occurrence for property damage. Passenger bodily injury liability limits of $200,000 per passenger, multiplied by the number of seats or number of passengers, whichever is greater. |
Section I - Contract Clauses
| 52.202-1 |
| Definitions |
| NOV 2013 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-5 |
| Covenant Against Contingent Fees |
| MAY 2014 |
| 52.203-6 |
| Restrictions On Subcontractor Sales To The Government |
| SEP 2006 |
| 52.203-7 |
| Anti-Kickback Procedures |
| MAY 2014 |
| 52.203-8 |
| Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity |
| MAY 2014 |
| 52.203-10 |
| Price Or Fee Adjustment For Illegal Or Improper Activity |
| MAY 2014 |
| 52.203-13 |
| Contractor Code of Business Ethics and Conduct |
| OCT 2015 |
| 52.203-16 |
| Preventing Personal Conflicts of Interest |
| DEC 2011 |
| 52.203-17 |
| Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights |
| APR 2014 |
| 52.203-19 |
| Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements |
| JAN 2017 |
| 52.204-2 |
| Security Requirements |
| AUG 1996 |
| 52.204-9 |
| Personal Identity Verification of Contractor Personnel |
| JAN 2011 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| OCT 2016 |
| 52.204-13 |
| System for Award Management Maintenance |
| OCT 2016 |
| 52.204-22 |
| Alternative Line Item Proposal |
| JAN 2017 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| OCT 2015 |
| 52.209-10 |
| Prohibition on Contracting With Inverted Domestic Corporations |
| NOV 2015 |
| 52.210-1 |
| Market Research |
| APR 2011 |
| 52.211-5 |
| Material Requirements |
| AUG 2000 |
| 52.215-2 |
| Audit and Records--Negotiation |
| OCT 2010 |
| 52.215-8 |
| Order of Precedence--Uniform Contract Format |
| OCT 1997 |
| 52.216-7 |
| Allowable Cost And Payment |
| JUN 2013 |
| 52.216-8 |
| Fixed Fee |
| JUN 2011 |
| 52.219-4 |
| Notice of Price Evaluation Preference for HUBZone Small Business Concerns |
| OCT 2014 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| NOV 2016 |
| 52.219-9 |
| Small Business Subcontracting Plan |
| JAN 2017 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-26 |
| Equal Opportunity |
| SEP 2016 |
| 52.222-37 |
| Employment Reports on Veterans |
| FEB 2016 |
| 52.222-40 |
| Notification of Employee Rights Under the National Labor Relations Act |
| DEC 2010 |
| 52.222-50 |
| Combating Trafficking in Persons |
| MAR 2015 |
| 52.222-54 |
| Employment Eligibility Verification |
| OCT 2015 |
| 52.222-60 |
| Paycheck Transparency (Executive Order 13673) |
| OCT 2016 |
| 52.223-6 |
| Drug-Free Workplace |
| MAY 2001 |
| 52.227-1 |
| Authorization and Consent |
| DEC 2007 |
| 52.227-2 |
| Notice And Assistance Regarding Patent And Copyright Infringement |
| DEC 2007 |
| 52.227-21 |
| Technical Data Declaration, Revision, and Withholding of Payment--Major Systems |
| MAY 2014 |
| 52.230-3 |
| Disclosure And Consistency Of Cost Accounting Practices |
| OCT 2015 |
| 52.232-20 |
| Limitation Of Cost |
| APR 1984 |
| 52.232-22 |
| Limitation 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 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.243-1 |
| Changes--Fixed Price |
| AUG 1987 |
| 52.243-2 |
| Changes--Cost-Reimbursement |
| AUG 1987 |
| 52.244-5 |
| Competition In Subcontracting |
| DEC 1996 |
| 52.244-6 |
| Subcontracts for Commercial Items |
| JAN 2017 |
| 52.245-1 |
| Government Property |
| JAN 2017 |
| 52.245-9 |
| Use And Charges |
| APR 2012 |
| 52.248-1 |
| Value Engineering |
| OCT 2010 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| APR 2014 |
| 52.217-9 | OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) |
| (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days ; provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. |
| (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. |
| (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. |
| 52.219-28 | POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) | | |
| (a) Definitions. As used in this clause-- | | |
| Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. | | |
| 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 the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. | | |
| (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: | | |
| | (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. | |
| | (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. | |
| | (3) For long-term contracts-- | |
| | | (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and |
| | | (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. |
| (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards/ . | | |
| (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. | | |
| (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations and Certification section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. | | |
| (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. | | |
| (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: | | |
| The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code [_______] assigned to contract number [______________]. | | |
[Contractor to sign and date and insert authorized signer's name and title].
Signature Date Signer’s Printed Name Signer’s Title
| 52.222-35 | EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) |
| (a) Definitions. As used in this clause-- |
| “Active duty wartime or campaign bade veteran”, “Armed Forces service medal veteran”, “disabled veteran”, “protected veteran”, “qualified disabled veteran”, and “recently separated veteran” have the meanings given at FAR 22.1301. |
| (b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans. |
| (c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings. |
| 52.222-36 | EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JULY 2014) |
| (a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities. |
| (b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings. |
| 52.244-2 | SUBCONTRACTS (OCT 2010) – ALT I (JUN 2007) | | | |
| (a) Definitions. As used in this clause-- | | | |
| “Approved purchasing system” means a Contractor's purchasing system that has been reviewed and approved in accordance with Part 44 of the Federal Acquisition Regulation (FAR). | | | |
| “Consent to subcontract” means the Contracting Officer's written consent for the Contractor to enter into a particular subcontract. | | | |
| “Subcontract” means any contract, as defined in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders. | | | |
| (b) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if required in accordance with paragraph (c) or (d) of this clause. | | | |
| (c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that-- | | | |
| | (1) Is of the cost-reimbursement, time-and-materials, or labor- hour type; or | | |
| | (2) Is fixed-price and exceeds-- | | |
| | | (i) For a contract awarded by the Department of Defense, the Coast Guard, or the National Aeronautics and Space Administration, the greater of the simplified acquisition threshold or 5 percent of the total estimated cost of the contract; or | |
| | | (ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold or 5 percent of the total estimated cost of the contract. | |
| (d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting Officer's written consent before placing the following subcontracts: [Enter subcontractor's names, if applicable] | | | |
| (e) | | | |
| | (1) The Contractor shall notify the Contracting Officer reasonably in advance of placing any subcontract or modification thereof for which consent is required under paragraph (b), (c), or (d) of this clause, including the following information: | | |
| | | (i) A description of the supplies or services to be subcontracted. | |
| | | (ii) Identification of the type of subcontract to be used. | |
| | | (iii) Identification of the proposed subcontractor. | |
| | | (iv) The proposed subcontract price. | |
| | | (v) The subcontractor's current, complete, and accurate certified cost or pricing data and Certificate of Current Certified Cost or Pricing Data, if required by other contract provisions. | |
| | | (vi) The subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract. | |
| | | (vii) A negotiation memorandum reflecting-- | |
| | | | (A) The principal elements of the subcontract price negotiations; |
| | | | (B) The most significant considerations controlling establishment of initial or revised prices; |
| | | | (C) The reason certified cost or pricing data were or were not required; |
| | | | (D) The extent, if any, to which the Contractor did not rely on the subcontractor's certified cost or pricing data in determining the price objective and in negotiating the final price; |
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