N00421-17-T-0035.docx
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- F-18 Drop-In Replacement Batteries. Sole Source to EIC Laboratories for follow up qualification testing on their batteries. Federal contract opportunity
- Solicitation number
- N00421-17-T-0035
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F-18 Drop-in replacement batteries. Sole Source to EIC Laboratories. This requirement is a follow-up qualification performance testing for EIC batteries part number F18-28V/25Ah and FMECA-F18.
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N00421-17-T-0035
Section A - Solicitation/Contract Form
SOLICITATION/CONTRACT FORM
Solicitation N00421-17-T-0035 is issued as a Request for Quote (RFQ). The Government intends to purchase on a firm fixed price basis, and to solicit and award the proposed purchase order on a sole source basis to EIC Laboratories. This action will be conducted under Federal Acquisition Regulation (FAR) Part 12 and FAR Part 13. This requirement is a follow-on qualification performance testing for EIC Laboratories F-18 Drop in replacement batteries part number F18-28V/25Ah and FMECA-F18. This is a 100% match only – no substitute.
This is a total set-aside for small business under the authority of FAR Part 52.219-6.
***********ATTENTION*************
The Technical drawings related to this solicitation contains information that is export controlled, US export control laws and regulations are applicable; therefore, only those companies that have completed DD Form 2345 and are certified under the Joint Certification Program (JCP) in an active status are authorized to receive any technical data. Information about the JCP is located at http://www.dlis.dla.mil/JCP/
Prior to release of any control document under this solicitation/RFQ any U.S. contractor must acknowledge its responsibilities under U.S. export control laws and regulations and agree that it will not disseminate any export-controlled technical data subject to this requirement in a manner that would violate applicable export control laws and regulation.
Distribution Statement B: Distribution authorized to U.S. Government Agencies only; Proprietary information; 25 October 2016. Other request for this document shall be referred to AIR 4.4.5.2, 48298 Shaw Road, Building 1461, Patuxent River, MD 20670.
“Warning – This document contains technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S.C. Sec 2751 et seq.) or Executive order 12470. Violation of these export laws is subject to sever criminal penalties.”
“Destruction Notice: For unclassified, limited documents, destroy by any method that will prevent disclosure of contents or reconstruction of the documents.”
Technical Data and/or any documents will only be released once the above requirements are met.
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 7 |
| Each |
F18-28V/25Ah
FFP
F-18 Drop in replacement battery.
Sole Source to EIC Laboratories. Follow-up battery qualifications performance testing on F18-28V/25Ah.
FOB: Origin (Shipping Point)
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
FMECA-F18
FMECA for the 28V/25Ah battery.
Sole Source to EIC Laboratories. Follow-up battery qualifications performance testing on FMECA-F18.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
Shipping
Shipping to Patuxent River, MD 20670
NET AMT
Section C - Descriptions and Specifications
SOW
The Technical drawings related to this solicitation contains information that is export controlled, US export control laws and regulations are applicable; therefore, only those companies that have completed DD Form 2345 and are certified under the Joint Certification Program (JCP) in an active status are authorized to receive any technical data. Information about the JCP is located at http://www.dlis.dla.mil/JCP/
SOW WILL BE RELEASED ONCE THE ABOVE REQUIREMENTS ARE MET.
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 |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC |
| 0001 |
| 28-FEB-2017 |
| 7 |
| N/A |
| 0002 |
| 28-FEB-2017 |
| 1 |
| N/A |
| 0003 |
| 28-FEB-2017 |
| 1 |
| N/A |
CLAUSES INCORPORATED BY REFERENCE
| 52.247-32 |
| F.O.B. Origin, Freight Prepaid |
| FEB 2006 |
Section G - Contract Administration Data
CLAUSES INCORPORATED BY FULL TEXT
| 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). | |||||
| _______________________COMBO______________________________________________ | |||||
| (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. | |||||
| ________________________SEE SECTION E_____________________________________ | |||||
| (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: | _______N64142 ___________ | ||||
| Issue By DoDAAC: | _______N00421 ___________ | ||||
| Admin DoDAAC: | _______N00421 ___________ | ||||
| Inspect By DoDAAC: | _______N00421 ___________ | ||||
| Ship To Code: | _______N00421 ___________ | ||||
| Ship From Code: | ________N/A______________ | ||||
| Mark For Code: | ________ N/A _____________ | ||||
| Service Approver (DoDAAC): | ________ N/A _____________ | ||||
| Service Acceptor (DoDAAC): | ________ N/A _____________ | ||||
| Accept at Other DoDAAC: | _______ N/A _____________ | ||||
| LPO DoDAAC: | _______ N/A _____________ | ||||
| DCAA Auditor DoDAAC: | _______ N/A ______________ | ||||
| (*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. |
__________________ VENKAT.MANIVANNAN@NAVY.MIL______________________________________ (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 |
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 . |
| 52.213-4 | TERMS AND CONDITIONS -- SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS)(SEPT 2016) | ||||
| (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 (Sept 2016) (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, 108-78 (19 U.S.C.3805 note)). | |||||
| (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 (Sept 2016). | |||||
| (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 (Oct 2015)(Pub.L. 109-282)(31 U.S.C. 6101 note)(Applies to contracts valued at $30,000 or more). | |||||
| (ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2016)(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 (Oct 2015) (38 U.S.C. 4212) (Applies to contracts of $150,000 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 (Feb 2016)(38 U.S.C. 4212)(Applies to contracts of $150,000 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 (Mar 2015)(Applies 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)(Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)). | |||||
| (x) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011)(E.O. 13423) (Applies to services performed on Federal facilities). | |||||
| (xi) 52.223-11, Ozone=Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June 2016)(E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)). | |||||
| (xii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June 2016)(E.O. 13693)(applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners). | |||||
| (xiii) 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. | |||||
| (xiv) 52.223-20, Aerosols (June 2016)(E.O. 13693)(Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices). | |||||
| (xv) 52.223-21, Foams (June 2016)(E.O. 13693)(Applied to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities. | |||||
| (xvi) 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. | |||||
| (xvii) 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.) | |||||
| (xviii) 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.). | |||||
| (xix) 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.). | |||||
| (xx) 52.247-67, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. App. 1241)(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)) | |||||
| (2) Listed below are additional clauses that may apply: | |||||
| (i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (June 2016)(Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system. | |||||
| (ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)(Applies to contracts over $35,000). | |||||
| (iii) 52.211-17, Delivery of Excess Quantities (Sep 1989)(Applies to fixed-price supplies). | |||||
| (iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin). | |||||
| (v) 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. | |||||
| (g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. | |||||
| (h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. |
| 52.223-3 | HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997) | |||
| (a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract). | ||||
| (b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract. | ||||
| Material | Identification No. | |||
| (If none, insert "None") | ||||
| Battery | F18-28CV/25Ah | |||
| Battery | FMECA –F18 |
| (c) This list must be updated during performance of the contract whenever the contractor determines that any other material to be delivered under this contract is hazardous. | ||
| (d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award. | ||
| (e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data. | ||
| (f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of the Government, Contractor, or subcontractor personnel or property. | ||
| (g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material. | ||
| (h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows: | ||
| (1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to- | ||
| (i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials; | ||
| (ii) Obtain medical treatment for those affected by the material; and | ||
| (iii) Have others use, duplicate, and disclose the data for the Government in these purposes. | ||
| (2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(l) of this clause, in precedence over any other clause of this contract providing for rights in data. | ||
| (3) The Government is not precluded from using similar or identical data acquired from other sources. |
| 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): https://www.acquisition.gov/far/ or http://farsite.hill.af.mil. |
| 252.204-7000 | DISCLOSURE OF INFORMATION (AUG 2013) | |
| (a) The Contractor shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless-- | ||
| (1) The Contracting Officer has given prior written approval; | ||
| (2) The information is otherwise in the public domain before the date of release; or | ||
| (3) The information results from or arises during the performance of a project that has been scoped and negotiated by the contracting activity with the Contractor and research performer and determined in writing by the Contracting Officer to be fundamental research in accordance with National Security Decision Directive 189, National Policy on the Transfer of Scientific, Technical and Engineering Information, in effect on the date of contract award and the USD (AT&L) memoranda on Fundamental Research, dated May 24, 2010, and on Contracted Fundamental Research, dated June 26, 2008, (available at DFARS PGI 204.4). | ||
| (b) Requests for approval under paragraph (a)(1) shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least 10 business days before the proposed date for release. | ||
| (c) The Contractor agrees to include a similar requirement, including this paragraph(c), in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the Contracting Officer. |
| 252.204-7012 | SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT INFORMATION (DEC 2015) | |||
| (a) Definition. As used in this clause -- "Adequate security" means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information. | ||||
| "Compromise" means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred. | ||||
| "Contractor attributional/proprietary information" means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company. | ||||
| "Contractor information system" means an information system belonging to, or operated by or for, the Contractor. | ||||
| "Controlled technical information" means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions. | ||||
| "Covered defense information" means unclassified information that -- | ||||
| (i) Is -- | ||||
| (A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or | ||||
| (B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and | ||||
| (ii) Falls in any of the following categories: | ||||
| (A) Controlled technical information. | ||||
| (B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process). | ||||
| (C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information. | ||||
| (D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information). | ||||
| "Cyber incident" means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein. | ||||
| "Forensic analysis" means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data. | ||||
| "Malicious software" means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware. | ||||
| "Media" means physical devices or writing surfaces including, but not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system. | ||||
| "Operationally critical support" means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation. | ||||
| "Rapid(ly) report(ing)" means within 72 hours of discovery of any cyber incident. | ||||
| "Technical information" means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data - Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering date, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code. | ||||
| (b) Adequate security. The Contractor shall provide adequate security for all covered defense information on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall - | ||||
| (1) Implement information systems security protections on all covered contractor information systems including, as a minimum -- | ||||
| (i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government - | ||||
| (A) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract; and | ||||
| (B) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract; or | ||||
| (ii) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1)(i) of this clause -- | ||||
| (A) The security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations," http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, as soon as practical, but not later than December 31, 2017. The Contractor shall notify the DoD CIO, via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award; or | ||||
| (B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection accepted in writing by an authorized representative of the DoD CIO; and | ||||
| (2) Apply other security measures when the Contractor reasonably determines that such measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability. | ||||
| (c) Cyber incident reporting requirement. | ||||
| (1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support, the Contractor shall -- | ||||
| (i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and | ||||
| (ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil. | ||||
| (2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil. | ||||
| (3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx. | ||||
| (d) Malicious software. The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the Contracting Officer. | ||||
| (e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest. | ||||
| (f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis. | ||||
| (g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause. | ||||
| (h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released. | ||||
| (i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD-- | ||||
| (1) To entities with missions that may be affected by such information; | ||||
| (2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents; | ||||
| (3) To Government entities that conduct counterintelligence or law enforcement investigations; | ||||
| (4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or | ||||
| (5) To a support services contractor ("recipient") that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information. | ||||
| (j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purposes or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information. | ||||
| (k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data. | ||||
| (l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements. | ||||
| (m) Subcontracts. The Contractor shall -- | ||||
| (1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve a covered contractor information system, including subcontracts for commercial items, without alteration, except to identify the parties; and | ||||
| (2) When this clause is included in a subcontract, require subcontractors to rapidly report cyber incidents directly to DoD at http://dibnet.dod.mil and the prime Contractor. This includes providing the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable. |
| 252.211-7003 | ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016) | ||||
| (a) Definitions. As used in this clause-- | |||||
| “Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media. | |||||
| “Concatenated unique item identifier” means-- | |||||
| (1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or | |||||
| (2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number. |
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