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N0042118Q0516
Section A - Solicitation/Contract Form
SOLICITATION/CONTRACT FORM
Solicitation N0042118Q0516 is issued as a competitive procurement. The Government intends to purchase on a firm fixed-price basis, and to solicit and negotiate the proposed purchase order on a competitive basis for Schneider Electric Spare Components in accordance with the specifications provided in section C, under the authority implemented by Federal Acquisition Regulation (FAR) by FAR Part 13.106-1(b).
***Basis for Award***
Accepting offers from Schneider Electric and its authorized distributors only (no resellers). Distributors must present proof confirming relationship with Schneider Electric to be considered.
See Clin 0050 for IUID Requirements.
Solicitation closing date/time is firm; proposals received after the deadline will not be accepted. Your quote will only be evaluated based on the information provided. The award will be made on the basis of lowest evaluated price of proposals meeting or exceeding the acceptability standards.. This is a firm fixed-price procurement; therefore, the initial offer should represent the vendor’s best quote in terms of price and technical acceptability. A determination by the Government not to accept the proposal for not meeting the minimum requirement is solely within the discretion of the Government.
Interested parties must be registered in System for Award Management (SAM) Database prior to submission of an offer to be considered for award of any Department of Defense contract. This can be accomplished electronically at http://www.sam.gov/vendor.cfm. The Government will not pay for any information received
Government Point of Contact:
Bernie Cortez Naval Air Warfare Center AD (PAX)
2.5.1 RAC, 21983 Bundy Road, BLDG 441
Patuxent River, MD 20670-1127 Email: bernie.cortez@navy.mil (preferred method).
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
FBM201 Channel Isolated 8 Input 0-20 mA
FFP
FBM201 Channel Isolated 8 Input 0-20 mA , Base Model: RH914SQ
FOB: Origin (Shipping Point)
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Compression Term Assembly, Poly Amide, F
Compression Term Assembly, Poly Amide, FBM201, Base Model: RH916XG
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
FBM2xx Type 1 Term Cable, 1 Meter
FBM2xx Type 1 Term Cable, 1 Meter, Base Model: RH916DB
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
FBM237 Channel Isolated 8 Output 0-20 mA
FBM237 Channel Isolated 8 Output 0-20 mA, Base Model: RH914XS
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Compression Term Assembly, Poly Amide FB
Compression Term Assembly, Poly Amide FBM237, Base Model: RH916YE
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
FBM2xx Type 1 Term Cable, 1 Meter
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
FBM206 Channel Isolated 8 Input Pulse
FBM206 Channel Isolated 8 Input Pulse, Base Model: RH916CQ
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Compression Term Assembly, Poly Amide FB
Compression Term Assembly, Poly Amide FBM206, Base Model: RH916XM
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
FBM2xx Type 1 Term Cable, 1 Meter
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
FBM207 Channel Isolated 16 DIN Voltage M
FBM207 Channel Isolated 16 DIN Voltage Monitor, Base Model: RH914TD
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Compression Term Assy, FBM207, 120/125V
Compression Term Assy, FBM207, 120/125V Switch DI, Base Model: RH916PK
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
FBM2xx Type 4 Term Cable, 1 Meter
FBM2xx Type 4 Term Cable, 1 Meter, Base Model: RH916F
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
FBM242 Channel Isolated External Source
FBM242 Channel Isolated External Source DO, Base Model: RH916TA
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Comp Term Assembly, FBM242, PolyAm, 5A R
Comp Term Assembly, FBM242, PolyAm, 5A Relay Out, Base Model: RH916YY
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
FBM2xx Type 4 Term Cable, 1 Meter
FBM2xx Type 4 Term Cable, 1 Meter, Base Model: RH916FH
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
FCP280 Control Processor
FCP280 Control Processor, Base Model: RH924YA
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
FCP280 Copper Network Adapter
FCP280 Copper Network Adapter, Base Model: RH924UQ
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
50 Ft (15 m) CAT 5, 10/100BaseT Shielded
50 Ft (15 m) CAT 5, 10/100BaseT Shielded Cable, Base Model: P0971XL
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
FCP280 Vertical Baseplate
FCP280 Vertical Baseplate, Base Model: RH924YF
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Foxboro Evo 2014 Control License , 100 A
Foxboro Evo 2014 Control License , 100 Analog IO, Base Model: J0201LA
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
FOXBORO EVO 2014, 100 DISCRETE IO
Foxboro Evo 2014 Control License, 100 Discrete IO, Base Model: J0201LC
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Model H92 Workstation For Windows
Model H92 Workstation For Windows, Base Model: H927049E0500
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Foxboro Evo Control Core Services v9.3
Foxboro Evo Control Core Services v9.3, Base Model: K0201HY
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Flat Screen Display, 23" LCD with LED ba
Flat Screen Display, 23" LCD with LED backlight, Base Model: P0928JH
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Kit, ac Transfer Switch 120 V
Kit, ac Transfer Switch 120 V, Base Model: RH970WU
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Mesh Configuration Tool & Switch/Network
Mesh Configuration Tool & Switch/Network Documents, Base Model: K0173ZU
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
8 Slots Vert. Baseplate, Time Strobe, 8
8 Slots Vert. Baseplate, Time Strobe, 8 FBM, Base Model: RH926JM
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Power Supply, FPS 400-24
Power Supply, FPS 400-24, Base Model: P0922YU
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Cable 24Vdc Power Supply Output 48in
Cable 24Vdc Power Supply Output 48in, Base Model: RH926KM
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Fieldbus Baseplate Terminator
Fieldbus Baseplate Terminator, Base Model: RH916RB
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
2 Mbps Base To Base Cable, LSZH, 3m
2 Mbps Base To Base Cable, LSZH, 3m, Base Model: RH916NC
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
110/240V FPS Power Cable, 2 Ft
110/240V FPS Power Cable, 2 Ft, Base Model: RH926CM
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
AIM*Historian SW Lic (200 Points)
AIM*Historian SW Lic (200 Points), Base Model: Q0301AN
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
2 Mbps Base To Base Cable, LSZH, 0.12 m
2 Mbps Base To Base Cable, LSZH, 0.12 m, Base Model: RH916NK
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
2 x440G2-24t-GE4 (24-Port Copper manage
2 x440G2-24t-GE4 (24-Port Copper managed switch), Base Model: RH102AM
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
330 FT (100M) RJ-45 MGBIC Copper Module
330 FT (100M) RJ-45 MGBIC Copper Module, Base Model: RH102AL
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
X-series Firmware 21.1.0.20-SE.xos
X-series Firmware 21.1.0.20-SE.xos, Base Model: K0177AS
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
FBM247, Crnt/Vlt, Anlg/Dig/Plse+HART Con
FBM247, Crnt/Vlt, Anlg/Dig/Plse+HART Config, Base Model: RH927BN
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
FBM247/FBM248 T/A, 8 compression term.
FBM247/FBM248 T/A, 8 compression term, Base Model: RH924WW
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
FBM2xx Type 1 Term Cable, 1 Meter
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
10 Ft (3 m) CAT 5, 10/100BaseT Shielded
10 Ft (3 m) CAT 5, 10/100BaseT Shielded Cable, Base Model: P0971XK
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Foxboro Evo & I/A Series W'kstation SW
Foxboro Evo & I/A Series W'kstation SW Lic, Base Model: S10B11220110
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Foxboro Evo & I/A Series W'kstation SW
Foxboro Evo & I/A Series W'kstation SW Lic, Base Model: S10B11220000
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
OKI Data C612 Digital Color Printer, 120
OKI Data C612 Digital Color Printer, 120VAC, Base Model: RH103CA
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Transient Data Recording & Analysis SW L
Transient Data Recording & Analysis SW Lic, Base Model: J0200VR
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Site Services - IA
Site Services - IA, Base Model: VAS-S-IA-SS FUNCTION: Services provided to supplement customer process control and application engineers. Majority of work is performed at site. Specifics defined in proposal/contract. Daily labor rate assumes an (8) hour day, Monday through Friday. Overtime rates apply to labor and travel performed in excess of 8 hours and up to 12 hours, or on Saturday, and is charged at 1.5 times the hourly rate. Time in excess of 8 hours on Saturdays is charged at 2 times the hourly labor rate. Time or travel in excess of 12 hours, or on Sundays or Legal Holidays, is charged at 2 times the hourly rate. Hourly rate is the daily labor rate divided by 8 hours. Minimum billing is (1) day.
Travel and living expenses will be billed over and above labor charges as follows:
• Invoiced at cost plus 10%
• Travel time to the work site exceeding 30 minutes one way (daily and overtime rates apply)
• Mileage by auto is charged at $.85 per mile from point of origin
• Regular meals and overnight accommodations, as required, for duration of work. If additional labor is required, not due to delays caused by Schneider Electric Systems USA , such labor can be provided on a time and material basis per the rates outlined herein, plus travel and living expenses.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Site Services - IA-Project Admin
Site Services - IA-Project Admin, Base Model: VAS-S-IA-S
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Site Services - IA-Estimated Travel & Li
Site Services - IA-Estimated Travel & Living, Base Model: VAS-S-IA-SS
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Services - IA-Shipping Costs
Services - IA-Shipping Costs, Base Model: VAS-S-IA-SS
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
IUID LABELS
IUID Labels are mandatory for items with unit price exceeding $5K. The labels must be in MACHINE-READABLE FORMAT recognized by DoD. Please use this Clin for IUID Label pricing or for annotation that labels are included as quoted, or labels are exempt i.e. software.
NET AMT
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 |
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Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
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. | | | |
__________________ @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
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| JAN 2017 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 252.204-7000 |
| Disclosure Of Information |
| OCT 2016 |
| 252.204-7004 Alt A |
| System for Award Management Alternate A |
| FEB 2014 |
| 252.204-7009 |
| Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information |
| OCT 2016 |
| 252.223-7004 |
| Drug Free Work Force |
| SEP 1988 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
CLAUSES INCORPORATED BY FULL TEXT
| 52.204-13 | SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016) | | | |
| (a) Definitions. As used in this clause-- | | | |
| "Electronic Funds Transfer (EFT) indicator" means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (See subpart 32.11) for the same entity. | | | |
| "Registered in the System for Award Management database" means that-- | | | |
| | (1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), , 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 unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier 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 unique entity identifier does not necessarily require a novation be accomplished. | | |
| (d) Contractors may obtain additional information on registration and annual confirmation requirements at "https://www.acquisition.gov". | | | |
| 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). |
| [___] (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). |
| [___] (10) [Reserved] |
| [___] (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). |
| [___] (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. |
| [___] (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). |
| [___] (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). |
| [_X_] (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. | |
| 52.227-19 | COMMERCIAL COMPUTER SOFTWARE LICENSE (DEC 2007) | | |
| (a) Notwithstanding any contrary provisions contained in the Contractor's standard commercial license or lease agreement, the Contractor agrees that the Government will have the rights that are set forth in paragraph (b) of this clause to use, duplicate or disclose any commercial computer software delivered under this contract. The terms and provisions of this contract shall comply with Federal laws and the Federal Acquisition Regulation. | | |
| (b)(1) The commercial computer software delivered under this contract may not be used, reproduced, or disclosed by the Government except as provided in paragraph (b)(2) of this clause or as expressly stated otherwise in this contract. | | |
| | (2) The commercial computer software may be-- | |
| | | (i) Used or copied for use with the computer(s) for which it was acquired, including use at any Government installation to which the computer(s) may be transferred; |
| | | (ii) Used or copied for use with a backup computer if any computer for which it was acquired is inoperative; |
| | | (iii) Reproduced for safekeeping (archives) or backup purposes; |
| | | (iv) Modified, adapted, or combined with other computer software, provided that the modified, adapted, or combined portions of the derivative software incorporating any of the delivered, commercial computer software shall be subject to same restrictions set forth in this contract; |
| | | (v) Disclosed to and reproduced for use by support service Contractors or their subcontractors, subject to the same restrictions set forth in this contract; and |
| | | (vi) Used or copied for use with a replacement computer. |
| | (3) If the commercial computer software is otherwise available without disclosure restrictions, the Contractor licenses it to the Government without disclosure restrictions. | |
| (c) The Contractor shall affix a notice substantially as follows to any commercial computer software delivered under this contract: | | |
| Notice--Notwithstanding any other lease or license agreement that may pertain to, or accompany the delivery of, this computer software, the rights of the Government regarding its use, reproduction and disclosure are as set forth in Government Contract No. _TBD__. | | |
| 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. |
| 252.204-7012 | SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT INFORMATION (OCT 2016) | | | |
| (a) Definitions. 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. | | | |
| "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 contractor information system" means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information. | | | |
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