N00421-18-Q-0363.pdf
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- P/N TSDTFC2060EX001 Exchange Kits Federal contract opportunity
- Solicitation number
- N0042118Q0363
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RFQ for P/N TSDTFC2060EX001 Exchange Kits
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NAVAIR CALIBRATION STANDARDS
ATTN: LOU CERRILLO
BLDG 612 BAY 9
MCAS
BEAUFORT SC 29904
TEL: 843-524-1405 FAX: 843-524-1411
REQUEST FOR QUOTATIONS
(THIS IS NOT AN ORDER) 1
PAGE OF PAGES
1. REQUEST NO. 2. DATE ISSUED RATING
N0042118Q0363
5a. ISSUED BY
8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE
IMPO RTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this
Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State, and local taxes)
ITEM NO.
(a)
SUPPLIES/ SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e) (f)
SEE SCHEDULE
AMOUNT
% No. %
NO TE: Additional provisions and representations [ ] are [ ] are not attached.
13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
15. DATE OF
QUOTATION
16. NAME AND TITLE OF SIGNER (Type or print) ( Include area code)
TELEPHONE NO.
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)
PREVIOUS EDITION NOT USABLE Prescribed by GSA
FAR (48 CFR) 53.215-1(a)
THIS RFQ [ ] IS X[ ] IS NOT A SMALL BUSINESS SET-ASIDE
6. DELIVER BY (Date)
SEE SCHEDULE
AND/OR DMS REG. 1
UNDER BDSA REG. 2
4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE
REQUEST NO.
NAVAL AIR WARFARE CENTER AD (PAX)
CODE 2.5.1.5
22473 MILLSTONE ROAD
BLDG 505
PATUXENT RIVER MD 20670
9. DESTINATION (Consignee and address, including ZIP Code)
7. DELIVERY
[ ]X FOB
DESTINATION
[ ] OTHER
(See Schedule)
02-Jun-2018(Date)
PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.
301-757-1961BEVERLY ABELL
(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:
d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS
N0042118Q0363
Section A - Solicitation/Contract Form
POINTS OF CONTACT
Contract Specialist: Datadi Davis
Phone: 301-757-3436
Email: datadi.davis@navy.mil
Contracting Officer: Beverly Abell
Phone: 301-757-1961
Email: beverly.abell@navy.mil
Technical Point of Contact: Warren Webb
Phone: 301-342-1635 Email: warren.webb@navy.mil
1) Submission of Quote:
Submit signed and dated quote via email to beverly.abell@navy.mil and datadi.davis@navy.mil at or before the exact date specified in this RFQ. The quote may be sumbitted via the RFQ or letterhead stationary, and must specify the following:
a. RFQ number;
b. Name, address, and telephone number of the offeror;
c. Unit Price, total line item price, and total overall price and any discount terms;
d. Completed copy of the respresentation and certifications that the offeror shall complete electronically;
e. Cage Code;
f. Other terms as applicable
2) The offeror agrees to hold the prices in its offer for 60 calendar days from the date specified for receipt of offers.
mailto:warren.webb@navy.mil
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 10 Each Indicator / Transducer Exchange Kit
FFP
P/N: TSDTFC2060EX001
See Section C Statement of Work (SOW), Paragraph B
FOB: Destination
NET AMT
Section C - Descriptions and Specifications
STATEMENT OF WORK (SOW)
APN7-18 Requirement
BS-650013.APN7METCAL3/ PHYS/DIM OPT CALSTDS
A. Background
The use of NAVAIR METCAL equipment funding is to procure Calibration Standards (CALSTDs) and ancillary equipment for Aviation Fleet Intermediate Calibration Activities, Fleet Training Activities and Aviation Navy
Calibration Laboratories (NCLs) to support Aviation Organizational and Intermediate (I) level maintenance assets.
All Cal Standards listed for procurement must first go through an approval process. This process includes: initial submission by the fleet; review and prioritization by the Fleet TYCOM’s; laboratory workload justification and standardization review by a NAVAIR METCAL technical review team; overall procurement strategy review to assess overall program objectives, priorities and funding.
REQUIREMENTS:
1. Mfr. one year warranty with sticker affixed to each unit plus a warranty certificate.
2. Calibration Certificate and calibration sticker (as applicable for each unit).
3. Units shall be serialized.
4. Include shipping to destination below.
5. Manufacturer’s Standard Operating and servicing manuals (CD version acceptable) shall be provided with each unit.
B. Tasking:
The contractor shall provide the following equipment:
1. P/N TSDTFC2060EX001 Exchange Kit Qty 10 To include the following:
a) TSD6500-6 Digital Torque Indicator
a. 6 Channels
b) TSD4011 Torque Transducer
a. With Cable
b. 400LB.FT. - 4,000LB.FT. Capacity
c) TSD511 Torque Transducer
a. With Cable
b. 50LB.FT. - 500LB.FT. Capacity
d) TSD111-200 Torque Transducer
a. With Cable
b. 20LB.FT. - 200LB.FT. Capacity
e) TSD011-020 Torque Transducer
a. With Cable
b. 24LB.IN. - 240LB.IN. Capacity
f) TSD011/20D12 Torque Transducer
a. With Cable
b. 2LB.IN. - 20LB.IN Capacity
g) TSD521 Torque Transducer
a. With Cable
b. 50LB.FT. - 500LB.FT. Capacity
h) TSD150-011 Multi-Pattern Adapter Plate Qty 2
a. 011 Frame Only
i) TSD152 Multi-Pattern Adapter Plate
a. Bolt Down Model
j) TSD6500-80 Shipping & Storage Container Qty 3
C. Deliverables
Delivery of the equipment shall be provided at the following address:
COMMANDER (FOB Destination)
NAVAIR Calibration Standards
MCAS, Attn: Lou Cerrillo
Phone: 843-524-1405
Email: luis.g.cerrillo@navy.mil
(UIC N48535)
BLDG 612, Bay 9
Beaufort, SC 29904-5002
D. Delivery Date
Delivery shall be no later than 16 Weeks after award of contract.
E. Invoicing
1. All invoicing shall be submitted into Wide Area Workflow for payment after all material is received in the condition as stated in Section B.
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
CLAUSES INCORPORATED BY FULL TEXT
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 by the
Technical Point of Contact (refer to Section A).
(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.
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 16 wks. ADC 10 NAVAIR CALIBRATION STANDARDS
ATTN: LOU CERRILLO
BLDG 612 BAY 9
MCAS
BEAUFORT SC 29904
843-524-1405
FOB: Destination
N48535
CLAUSES INCORPORATED BY REFERENCE
52.247-34 F.O.B. Destination NOV 1991
Section G - Contract Administration Data
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--https://wawf.eb.mil/
(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.
Refer to 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: N48535
Ship From Code: Not Applicable
Mark For Code: Not Applicable
Service Approver (DoDAAC): N00421
Service Acceptor (DoDAAC): N00421
Accept at Other DoDAAC: Not Applicable
LPO DoDAAC: Not Applicable
DCAA Auditor DoDAAC: Not Applicable
Other DoDAAC(s): Not Applicable
(*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.
Warren.webb@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
52.204-13 System for Award Management Maintenance OCT 2016
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.252-2 Clauses Incorporated By Reference FEB 1998
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.204-7004 Alt A System for Award Management Alternate A FEB 2014
252.204-7006 Billing Instructions OCT 2005
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.225-7048 Export-Controlled Items JUN 2013
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES
OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (JAN 2018)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan
2017)(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015
(Pub.L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(3) 52.233-3, Protest after Award (Aug 1996)(31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77, 108-78 (19
U.S.C.3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer shall check as appropriate.]
[___] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct
1995)(41 U.S.C. 4704 and 10 U.S.C. 2402).
[___] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015)(41 U.S.C. 3509)).
[___] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009
(Jun 2010)(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and
Reinvestment Act of 2009.)
[___] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016)(Pub. L.
109-282) (31 U.S.C. 6101 note).
[___] (5) [Reserved]
[___] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016)(Pub.L. 111-117, section 743 of Div.
C).
[__] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct
2016)(Pub.L. 111-117, section 743 of Div. C).
[_X__] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
[___] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)(41
U.S.C. 2313).
[_X_] (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012)(section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of
Pub. L. 111-8, and section 745 of Division D of Pub. L 110-161).
[___] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)(15 U.S.C. 657a).
[___] (ii) Alternate I (Nov 2011) of 52.219-3.
[___] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct
2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
[___] (ii) Alternate I (Jan 2011) of 52.219-4.
[___] (13) [Reserved]
[___] (14)(i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
[___] (ii) Alternate I (Nov 2011) of 52.219-6.
[___] (iii) Alternate II (Nov 2011) of 52.219-6.
[___] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Jun 2003)(15 U.S.C. 644).
[___] (ii) Alternate I (Oct 1995) of 52.219-7.
[___] (iii) Alternate II (Mar 2004) of 52.219-7.
[___] (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
[___] (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).
[___] (ii) Alternate I (Nov 2016) of 52.219-9.
[___] (iii) Alternate II (Nov 2016) of 52.219-9.
[___] (iv) Alternate III (Nov 2016) of 52.219-9.
[___] (v) Alternate IV (Nov 2016) of 52.219-9.
[___] (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).)
[___] (19) 52.219-14, Limitations on Subcontracting (Jan 2017)(15 U.S.C. 637(a)(14)).
[___] (20) 52.219-16, Liquidated Damages - Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
[___] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)(15
U.S.C. 657f).
[___] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
[___] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-
Owned Small Business (EDWOSB) Concerns (Dec 2015)(15 U.S.C. 637(m)).
[___] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business
(WOSB) Concerns Eligible Under the WOSB Program (Dec 2015)(15 U.S.C. 637(m)).
[_X_] (25) 52.222-3, Convict Labor (Jun 2003)(E.O. 11755).
[_X_] (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018)(E.O.13126).
[_X_] (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
[_X_] (28) 52.222-26, Equal Opportunity (Sep 2016)(E.O. 11246).
[_X_] (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
[_X_] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793).
[_X_] (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
[___] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010)(E.O. 13496).
[_X_] (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015)(22 U.S.C. chapter 78 and E.O. 13627).
[___] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[___] (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E.O.12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in
22.1803.)
[___] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products
(May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[___] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[___] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons
(Jun 2016)(E.O. 13693).
[___] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air
Conditioners (Jun 2016)(E.O. 13693).
[___] (38)(i) 52.223-13, Acquisition of EPEAT(R) Registered Imaging Equipment (Jun 2014)(E.O.s 13423 and
13514).
[___] (ii) Alternate I (Oct 2015) of 52.223-13.
[___] (39)(i) 52.223-14, Acquisition of EPEAT(R) Registered Televisions (Jun 2014)(E.O.s 13423 and 13514).
[___] (ii) Alternate I (Jun 2014) of 52.223-14.
[___] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b)
[___] (41)(i) 52.223-16, Acquisition of EPEAT(R) Registered Personal Computer Products (Oct
2015)(E.O.13423 and 13514).
[___] (ii) Alternate I (Jun 2014) of 52.223-16.
[_X_] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)(E.O.
13513).
[___] (43) 52.223-20, Aerosols (Jun 2016)(E.O. 13693)
[___] (44) 52.223-21, Foams (Jun 2016)(E.O. 13693)
[___] (45)(i) 52.224-3, Privacy Training (Jan 2017)(5 U.S.C. 552a).
[___] (ii) Alternate I (Jan 2017) of 52.224-3.
[_x__] (46) 52.225-1, Buy American--Supplies (May 2014)(41 U.S.C. chapter 83).
[___] (47)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42 and 112-43).
[___] (ii) Alternate I (May 2014) of 52.225-3.
[___] (iii) Alternate II (May 2014) of 52.225-3.
[___] (iii) Alternate III (May 2014) of 52.225-3.
[___] (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[_x__] (49) 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).
[___] (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct
2016)(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303
Note).
[___] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C. 5150).
[___] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42
U.S.C. 5150).
[___] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 4504, 10
U.S.C. 2307(f)).
[___] (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017)(41 U.S.C. 4504, 10 U.S.C.
2307(f)).
[_X_] (55) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013)(31
U.S.C. 3332).
[___] (56) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul
2013)(31 U.S.C. 3332).
[___] (57) 52.232-36, Payment by Third Party (May 2014)(31 U.S.C. 3332).
[___] (58) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).
[___] (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).
[___] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C.
Appx 1241(b) and 10 U.S.C. 2631).
[___] (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
[___] (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495)
[___] (2) 52.222-41, Service Contract Labor Standards (May 2014)(41 U.S.C. chapter 67).
[___] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014)(29 U.S.C. 206 and 41 U.S.C.
chapter 67).
[___] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment
(Multiple Year and Option Contracts)(May 2014)(29 U.S.C.206 and 41 U.S.C. chapter 67).
[___] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May
2014)(29 U.S.C. 206 and 41 U.S.C. chapter 67).
[___] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014)(41 U.S.C. chapter 67).
[___] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for
Certain Services--Requirements (May 2014)(41 U.S.C. chapter 67).
[___] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015)(E.O. 13658).
[___] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017)(E.O. 13706)
[___] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014)(42 U.S.C.
1792).
[___] (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008)(31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the
Contractor is not required to flow down any FAR clause, other than those in paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan
2017)(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015
(Pub.L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions))>
(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016)(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include
52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vi) 52.222-26, Equal Opportunity (Sep 2016)(E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016)(38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (May 2014)(41 U.S.C. chapter 67).
(xii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. 78 and E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014)(41 U.S.C. chapter 67).
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for
Certain Services-Requirements (May 2014)(41 U.S.C. chapter 67).
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015)(E.O 12989).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017)(E.O. 13706).
(xviii)(A) 52.224-3, Privacy Training (Jan 2017)(5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct
2016)(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302
Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014)(42 U.S.C. 1792).
Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx
1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION
CONTROLS (OCT 2016)
(a) Definition. As used in this provision -- Controller technical information, covered contractor information system, covered defense information, cyber incident, information system, and technical information are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.
(b) The security requirements required by contract clause 252.204-7012 shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.
(c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012(b)(2)(ii)) -
(1) By submission of this offer, the Offeror represents that is will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled
Unclassified Information in Nonfederal Information Systems and Organizations" (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer, not later than December 31, 2017.
(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of --
(A) Why a particular security requirement is not applicable; or
(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.
(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-
171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.
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.
“Data matrix” means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200(ECC200) specification found within International Standards Organization (ISO)/ International Electrotechnical Commission
(IEC) 16022.
“Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.
“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.
“DoD item unique identification” means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier;
the original part, lot, or batch number; and the serial number.
“Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.
“Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency.
“Government's unit acquisition cost” means--
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery; and
(3) For items produced under a time-and-materials contract, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery.
“Issuing agency” means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.
“Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise identifier.
“Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.
“Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.
“Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.
“Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.
“Parent item” means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.
“Serial number within the enterprise identifier” means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.
“Serial number within the part, lot, or batch number” means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.
“Serialization within the enterprise identifier” means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.
“Serialization within the part, lot, or batch number” means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.
“Type designation” means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.
“Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous.
The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.
“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.
(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.
(c) Unique item identifier.
(1) The Contractor shall provide a unique item identifier for the following:
(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:
Contract Line, Subline, or Exhibit Line Item Number Item Description
_______N/A_________________________________________________________________
(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the
Schedule or the following table:
Contract Line, Subline, or Exhibit Line Item Number Item Description
_______N/A_______________________________________________________________________
(If items as identified in the Schedule, insert "See Schedule" in this table.)
(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment
Number ______.
(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ______.
(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identified for traceability.
(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.
(3) The unique item identified component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology - International symbology specification - Data matrix; ECC200 data matrix specification.
(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that--
(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:
(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application
Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application
Identifier Standard.
(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact
Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and
(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International
Standard 15434, Information Technology--Transfer Syntax for High Capacity Automatic Data Capture Media.
(5) Unique item identifier.
(i) The Contractor shall--
(A) Determine whether to--
(1) Serialize within the enterprise identifier;
(2) Serialize within the part, lot, or batch number; or
(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and
(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;
(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and
(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.
(ii) The issuing agency code--
(A) Shall not be placed on the item; and
(B) Shall be derived from the data qualifier for the enterprise identifier.
(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, either as part of the Material Inspection and Receiving Report, the following information:
(1) Unique item identifier.
(2) Unique item identifier type.
(3) Issuing agency code (if concatenated unique item identifier is used).
(4) Enterprise identifier (if concatenated unique item identifier is used).
(5) Original part number (if there is serialization within the original part number).
(6) Lot or batch number (if there is serialization within the lot or batch number).
(7) Current part number (optional and only if not the same as the original part number).
(8) Current part number effective date (optional and only if current part number is used).
(9) Serial number (if concatenated unique item identifier is used).
(10) Government's unit acquisition cost.
(11) Unit of measure.
(12) Type designation of the item as specified in the contract schedule, if any.
(13) Whether the item is an item of Special Tooling or Special Test Equipment.
(14) Whether the item is covered by a warranty.
(e) For embedded subassemblies, components, and parts that require DoD unique item identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the
Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:
(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.
(2) Unique item identifier of the embedded subassembly, component, or part.
(3) Unique item identifier type.**
(4) Issuing agency code (if concatenated unique item identifier is used).**
(5) Enterprise identifier (if concatenated unique item identifier is used).**
(6) Original part number (if there is serialization within the original part number).**
(7) Lot or batch number (if there is serialization within the lot or batch number).**
(8) Current part number (optional and only if not the same as the original part number).**
(9) Current part number effective date (optional and only if current part number is used).**
(10) Serial number (if concatenated unique item identifier is used).**
(11) Description.
** Once per item.
(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:
(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.
(2) Embedded items shall be reported by one of the following methods--
(i) Use of the embedded items capability in WAWF;
(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or
(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) _____, Unique Item
Identified Report for Embedded Items, Contract Data Requirements List, DD Form 1423.
(g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items.
5252.201-9500 TECHNICAL POINT OF CONTACT (TPOC)(NAVAIR)(SEP 2012)
(a) The Technical Point of Contact (TPOC) for this contract is:
Warren Webb
Phone: 301-342-1635
Email: warren.webb@navy.mil
(b) This individual is not a Contracting Officer nor a Contracting Officer's Representative (COR)/Task Order
COR (TOCOR) and has no authority to make changes, verbally or otherwise, to the existing contract or order.
Further, no authority has been delegated to this individual by the Procuring Contracting Officer (PCO).
(c) The contractor may use this technical POC for technical questions related to the existing contract or order.
Also, as a representative of the requiring activity, the TPOC may perform or assist in such areas as: base access forms, security related issues, IT access requirements, Contractor Performance Assessment Reporting System
(CPARS), clarification of technical requirements, and statement of work inquires.
(d) The contractor shall immediately notify the Procuring Contracting Officer in writing if the contractor interprets any action by the TPOC to be a change to the existing contract.
Section K - Representations, Certifications and Other Statements of Offerors
52.204-7 System for Award Management OCT 2016
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations
Act, 2015 (Pub.L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that --
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of…
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