Amendment_0004.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to open discussions; replace Attachment B - Basic Pricing Data - w ith Attachment B Rev. 1 in order to add a row for the 52.217-8 Option on the Total Evaluated Price tab; to replace Attachment E, PWS, w ith Attachment E, PWS, Rev. 1 in order to modify Section 2.23, Navigation and Mission Electronic Equipment; to delete (uncheck) DFARS 252.219-7003 from PART VII -- and to replace it in PART VIII w ith Small Business Subcontracting Plan (DOD Contracts)-Basic (CLASS DEVIATION 2018-O0007) (DEC 2017) in full text. The Table of Contents is also updated to reflect these changes. All changes are highlighted in yellow .

All other terms and conditions of the solicitation remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 19

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 10-Aug-2018

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N3220518R3506

X 9B. DATED (SEE ITEM 11)

13-Apr-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

10-Aug-2018

CODE

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP-64 NAVAL STATION N

NORFOLK VA 23511

N32205 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N3220518R3506

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF CHANGES

The following have been modified:

MILITARY SEALIFT COMMAND

COMMERCIAL ITEM ACQUISITION

SPECIAL TIME CHARTER

TABLE OF CONTENTS

I. SPECIAL TIME BOXES

II. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (tailored pursuant to FAR 12.302(a))

(a) Inspection (tailored)

(b) Assignment

(c) Changes (tailored)

(d) Disputes

(e) Definitions (tailored)

(f) Excusable Delays (tailored)

(g) Invoice

(h) Patent Indemnity

(i) Payment

(j) Risk of Loss (tailored)

(k) Taxes (tailored)

(l) Termination for the Government's Convenience

(m) Termination for Cause (tailored)

(n) Title

(o) Warranty (tailored)

(p) Limitation of Liability

(q) Other Compliances

(r) Compliance with Laws Unique to Government Contracts

(s) Order of Precedence (tailored)

(t) System for Award Management (SAM)

(u) Unauthorized Obligations

(v) Incorporation by Reference

(w) Option to Purchase This Time Chartered Vessel (Tailored)

III. SPECIAL TIME TERMS AND CONDITIONS

(Addendum to FAR 52.212-4)

(a) Charter Hire

(b) Mission

(c) Reporting Requirements

(d) Crew

(e) MARAD Construction Differential Subsidy (CDS)

(f) Reserved

(g) Loading and Discharging

(h) Oil Pollution Spill

(i) Safety in Loading and Discharging Cargo

(j) Reserved

(k) Cleaning

IV. TIME CHARTER COMMON TERMS AND CONDITIONS

(Addendum to FAR 52.212-4)

(a) General Definitions

(b) Delivery

(c) Redelivery

(d) Ports/Places

(e) Charter Period

(f) Drydock

(g) Insurance

(h) War

(i) Readiness

(j) Off-Hire

(k) Supercargo and Government Designated Representatives

(l) Time Lost

(m) Negligence of Pilots

(n) Port Charges and Expenses

(o) Owner’s Obligation

(p) Fuel

(q) Reserved

(r) Waiver of Claims

(s) Charter Not a Demise

(t) Subcharter

(u) General Average

(v) Salvage

(w) Limitations

(x) Alterations

(y) Reimbursable Supplies and Services (Charters)

(z) Standards of Appearance

(aa) Savings

(ab) Law Governing

(ac) Substitution

(ad) MSC Shipboard Antiterrorism/Force Protection Measures

(ae) Payment

(af) Special Requirements

(ag) Statutory Employee

(ah) In-Transit Visibility

(ai) Security Threat

(aj) Immunizations (U.S. -Flag Only)

(ak) Reserved

(al) Investigations

(am) Military Extraterritorial Jurisdiction Act

(an) Crew AT/FP Screening (Tailored)

(ao) Bonuses

(ap) No-Cost Cancellation

(aq) Enterprise Wide Contractor Manpower Reporting Application

(ar) Safety Management System

V. SPECIAL TIME ADDITIONAL CONTRACT REQUIREMENTS

(AS APPLICABLE) (Addendum to FAR 52.212-4)

(Unless specifically referenced in Box 6, the paragraphs that follow do not apply to this Charter Party)

(a) Security Clearance

(b) Reserved

(c) Navigational Equipment

(d) Fuel Monitoring

(e) Time Charter War Risk Coverage

(f) Automated External Defibrillator (AED)

(g) Stack Colors

(h) Crew Appearance

(i) Reserved

(j) Both to Blame

(k) Tugs and Barges

(l) Contractor Security (CS)

VI. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED

TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEM

VII. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE

ACQUISITIONS OF COMMERCIAL ITEMS

(a) Required

(1) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

(2) 252.222-7007 Representation Regarding Combatting Trafficking in Persons

(3) DFARS 252.227-7037 Validation of Restrictive Markings on Technical Data

(4) DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

(5) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan

(b) Required for Contracts Greater than $1,000,000.00

(1) DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders

(c) Required for Contracts Greater than $500,000.00

(1) DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

(d) Required for Contracts that Exceed the Simplified Acquisition Threshold

(1) DFARS 252.225-7012 Preference for Certain Domestic Commodities

(2) DFARS 252.243-7002 Requests for Equitable Adjustment

(e) Required for Contracts Awarded to U.S. Vendors

(1) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

(f) Required for Contracts Awarded to U.S. Flag Vessel

(1) DFARS 252.247-7027 Riding Gang Member Requirements

(g) Required for Contracts where Offeror provided Negative Response to 252.247-7022 Representation of Extent of Transportation by Sea

(1) 252.247-7024 Notification of Transportation of Supplies by Sea

(h) Required by Contracting Officer as Applicable

(1) DFARS 252.203-7003 Agency Office of the Inspector General

(2) DFARS 252.219-7003 Small Business Subcontracting Plan (DoD Contracts)

(3) DFARS 252.219-7004 Small Business Subcontracting Plan (Test Program)

(4) (i) DFARS 252.225-7001 Buy American and Balance of Payments Program

(ii) Alternate I

(5) DFARS 252.225-7008 Restriction on Acquisition of Specialty Metals

(6) DFARS 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals

(7) DFARS 252.225-7015 Restriction on Acquisition of Hand or Measuring Tools

(8) DFARS 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings

(9) DFARS 252.225-7017 Photovoltaic Devices

(10) (i) DFARS 252.225-7021 Trade Agreements

(ii) Alternate I Reserved

(iii) Alternate II

(11) DFARS 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales

(12) DFARS 252.225-7028 Exclusionary Policies and Practices of Foreign Governments

(13) (i) DFARS 252.225-7036 Buy American—Free Trade Agreements—Balance of Payments Program

(ii) Alternate I

(iii) Alternate II

(iv) Alternate III

(v) Alternate IV

(vi) Alternate V

(14) DFARS 252.225-7038 Restriction on Acquisition of Air Circuit Breakers

(15) DFARS 252.225-7039 Defense Contractors Performing Private Security Functions Outside the United States

(16) DFARS 252.227-7013 Rights in Technical Data – Noncommercial Items

(17) DFARS 252.237-7019 Training for Contractor Personnel Interacting with Detainees

(18) DFARS 252.246-7004 Safety of Facilities, Infrastructure and Equipment for Military Operations

(19) DFARS 252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer

(20) (i) DFARS 252.247-7023 Transportation of Supplies by Sea-Basic

(ii) Alternate I

(iii) Alternate II

VIII. ADDITIONAL FAR AND DFARS CLAUSES

(a) FAR 52.252-2 Clauses Incorporated by Reference

(b) Required FAR and DFARS Clauses by Contracting Officer as Applicable (Incorporated By Reference)

(1) FAR 45.105 Contractors’ Property Management System Compliance

(2) FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

(3) FAR 52.232-18 Availability of Funds

(4) FAR 52.245-1 Government Property

(5) FAR 52.245-9 Use and Charges

(6) DFARS 252.201-7000 Contracting Officer’s Representative

(7) DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights

(8) DFARS 252.204-7000 Disclosure of Information

(9) DFARS 252.204-7003 Control of Government Personnel Work Product

(10) RESERVED

(11) DFARS 252.209-7004 Subcontracting with Firms that are

Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism

(12) DFARS 252.211-7006 Passive Radio Frequency Identification

(13) DFARS 252.211-7007 Reporting of Government-Furnished Property

(14) DFARS 252.215-7007 Notice of Intent to Resolicit

(15) DFARS 252.215-7008 Only One Offer

(16) DFARS 252.223-7002 Safety Precautions for Ammunition and Explosives

(17) DFARS 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States

(18) DFARS 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States

(19) DFARS 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property

(20) DFARS 252.245-7002 Reporting Loss of Government Property

(21) DFARS 252.245-7003 Contractor Property Management System Administration

(22) DFARS 252.245-7004 Reporting, Reutilization, and Disposal

(23) DFARS 252.247-7025 Reflagging or Repair Work

(c) Required FAR, DFARS and MSC Clauses (Incorporated By Full Text)

(1) FAR 52.204-7 System for Award Management (SAM)

(2) FAR 52.217-8 Option to Extend Services

(3) FAR 52.217-9 Option to Extend the Term of the Contract

(4) FAR 52.232-39 Unenforceability of Unauthorized Obligations

(5) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(6) Small Business Subcontracting Plan (DOD Contracts)-Basic (DEVIATION 2018- O0007)

(7) DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions

(8) MSC Specific Wide Area Workflow (WAWF) Instructions

(9) DFARS 252.232-7010 Levies on Contract Payments

IX. ATTACHMENTS

(a) List of Government Provided Equipment

(b) Basic Pricing Data

(c) Crew Compliment

(d) Contract Security Classification Specification (DD Form 254)

(e) Performance Work Statement (PWS)

(f) Minimum Technical Requirements Worksheet

(g) ATFP_CBRD_and Training_Requirements (h-1) Department of Labor Wage Determination 2010-0147 Rev.(7) (h-2) Department of Labor Wage Determination 2014-0801 Rev.(9) (h-3) Department of Labor Wage Determination 2014-0800 Rev.(10)

(i) Disclosure of Lobbying Activities (SF LLL)

(j) Mission Essential Contractor Services Plan (MECSP) Worksheet

(k) Specs_for_CBR-D Decon_Station

(l) Decon_Station_DWG (To be provided upon request)

(m) Contractor’s Subcontracting Plan

(n) Request for Clarification/Question Form

(o) Technical Exhibit

(p) Sample Cable-Handling Equipment Acceptance Criteria

(q) Past Performance Data Sheet

X. FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

(tailored pursuant to FAR 12.302(a))

XI. FAR 52.212-2 EVALUATION –COMMERCIAL ITEMS

(tailored pursuant to FAR 12.302(a))

XII. OFFEROR REPRESENTATIONS AND CERTIFICATIONS

REQUIRED BY FAR

(a) FAR 52.252-1 Solicitation Provisions Incorporated by Reference

(b) Required (Incorporated by Reference)

(1) FAR 52.204-19 Incorporation by Reference of Representations and Certifications

(2) FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran – Representation and Certification

(c) Required (Incorporated by Full Text)

(1) FAR 52.209-7 Information Regarding Responsibility Matters

(2) FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

(3) FAR 52.212-3 Offeror Representations and Certifications

– Commercial Items with Alternate I

(4) FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation

XIII. OFFEROR REPRESENTATIONS AND CERTIFICATIONS

REQUIRED BY DFARS

(a) Required (Incorporated by Reference)

(1) 252.203-7005 Representation Relating to Compensation of Former DoD Officials

(2) 252.209-7001 Reserved

(b) Required (Incorporated by Full Text)

(1) 252.209-7998 Representation Regarding Conviction of a Felony Criminal Violation Under Any Federal or State Law

(DEVIATION 2012-O0007) (MAR 2012)

(c)

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(ii) Alternate I (DEC 2016) of 252.225-7036.

(iii) Alternate II (DEC 2016) of 252.225-7036.

(iv) Alternate III (DEC 2016) of 252.225-7036.

(v) Alternate IV (DEC 2016) of 252.225-7036.

(vi) Alternate V (DEC 2016) of 252.225-7036.

(14) 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2016)

(10 U.S.C. 2534(a)(3)).

(15) 252.225-7039, Contractors Performing Private Security Functions (JUN 2016)

(Section 862 of Pub. L. 110-181, as amended by section 853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L. 111-383).

(16) 252.227-7013, Rights in Technical Data—Noncommercial Items (FEB 2014), if applicable (see 227.7103-6(a)).

(17) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013) (Section 1092 of Pub. L. 108-375).

(18) 252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations (OCT 2010) (Section 807 of Pub. L. 111-84).

(19) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUN 2013) (Section 884 of Pub. L. 110-417).

(20) (i) 252.247-7023, Transportation of Supplies by Sea (APR 2014) (10 U.S.C. 2631).

(ii) Alternate I (APR 2014) of 252.247-7023.

(iii) Alternate II (APR 2014) of 252.247-7023.

PART VIII. ADDITIONAL FAR AND DFARS CLAUSES

(c) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clauses which, if checked, are included in this Contract:

(1) FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

(a) Definitions. As used in this provision-

"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 records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

"Registered in the System for Award Management (SAM) database" means that-

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial 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 offeror has completed the Core, Assertions, and Representations and Certification, 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 Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record "Active".

"Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) By submission of an Offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of Provision)

(2) 52.217-8 Option To Extend Services (Nov 1999).

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor any time prior to redelivery of the Vessel.

(3) 52.217-9 Option To Extend The Term Of The Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the contractor any time prior to redelivery of the Vessel. The Government may, but is not required to, give the contractor a preliminary notice of its intent to extend any time prior to redelivery of the Vessel. The preliminary notice, if provided, does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 59 months.

(4) 52.232-39 Unenforceabiliy of Unauthorized Obligations (JUN 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement , that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulation and procedures.

(End of clause)

(5) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(6) SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)-

BASIC (CLASS DEVIATION 2018-O0007)(DEC 2017)

This clause supplements the Federal Acquisition Regulation 52.219-9, Small Business Subcontracting Plan, clause of this contract.

(a) Definitions. “Summary Subcontract Report (SSR) Coordinator,” as used in this clause, means the individual who is registered in the Electronic Subcontracting Reporting System (eSRS) at the Department of Defense (9700) and is responsible for acknowledging receipt or rejecting SSRs in eSRS for the Department of Defense.

(b) Subcontracts awarded to workshops approved by the Committee for Purchase from People Who are Blind or Severely Disabled (41 U.S.C. 8502-8504), may be counted toward the Contractor’s small business subcontracting goal.

(c) A mentor firm, under the Pilot Mentor-Protege Program established under section 831 of Public Law 101-510, as amended, may count toward its small disadvantaged business goal, subcontracts awarded to—

(1) Protege firms which are qualified organizations employing the severely disabled; and

(2) Former protege firms that meet the criteria in section 831(g)(4) of Public Law 101-510.

(d) The master plan is approved by the Contractor's cognizant contract administration activity.

(e) In those subcontracting plans which specifically identify small businesses, the Contractor shall notify the Administrative Contracting Officer of any substitutions of firms that are not small business firms, for the small business firms specifically identified in the subcontracting plan. Notifications shall be in writing and shall occur within a reasonable period of time after award of the subcontract. Contractor-specified formats shall be acceptable.

(f)(1) For DoD, the Contractor shall submit reports in eSRS as follows:

(i) The Individual Subcontract Report (ISR) shall be submitted to the contracting officer at the procuring contracting office, even when contract administration has been delegated to the Defense Contract Management Agency.

(ii) Submit the consolidated SSR for an individual subcontracting plan by selecting “Department of Defense (DoD) (9700)” from the top of the second dropdown menu in the Government agency in Block 7 (“Agency to which the report is being submitted”). The contractor shall not select anything lower.

(2) For DoD, the authority to acknowledge receipt or reject reports in eSRS is as follows:

(i) The authority to acknowledge receipt or reject the ISR resides with the contracting officer who receives it, as described in paragraph (f)(1)(i) of this clause.

(ii) The authority to acknowledge receipt of or reject SSRs resides with the SSR Coordinator.

(7) DFARS 252.232-7006 Wide Area Work Flow 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).

________Invoice___________________________________________________

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

________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 N32205

Issue By DoDAAC N32205

Admin DoDAAC N32205

Inspect By DoDAAC Leave Blank

Ship To Code N62387

Ship From Code Leave Blank

Mark For Code Leave Blank

Service Approver (DoDAAC) Leave Blank

Service Acceptor (DoDAAC) Leave Blank

Accept at Other DoDAAC Leave Blank

LPO DoDAAC Leave Blank

DCAA Auditor DoDAAC Leave Blank

Other DoDAAC(s) Leave Blank

(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 e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

_________ MSCHQ_WAWF@navy.mil _______________________________

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(8) MSC SPECIFIC WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS

(AUG 2012)

The information contained in this instruction is supplemental to DFARS 252.232-7006. The information contained in the table in DFARS 252.232-7006 is for WAWF purposes only.

Information included in DFARS 252.232-7006 and this WAWF instruction applies only to WAWF Invoicing and WAWF Receiving Reports. Contradictory information elsewhere in this contract, e.g. Ship to DoDAAC, shall be followed per the terms and conditions of the contract.

When entering the invoice into WAWF, the Contractor shall fill in the DoDAAC fields or DoDAAC extensions exactly as shown in the table in DFARS 252.232-7006. Fields that should not be filled in when entering the invoice into WAWF will be indicated with the direction, “Leave Blank.”

In some situations the WAWF system will pre-populate the “Pay DoDAAC,” “Admin By DoDAAC” and “Issue By DoDAAC.” The Contractor shall verify that those DoDAACs automatically entered by the WAWF system match the information in the table in DFARS 252.232-7006. If these DoDAACs do not match, then the Contractor shall correct the field(s).

If Receiving Reports are required, ensure that the “Inspection” and “Acceptance” defaults of “destination” for both fields are not changed in the WAWF online interface.

The CLINs on the WAWF invoice shall be entered exactly as set forth in the contract document including CLIN number (e.g. 0001), Quantity (may be adjusted for actual quantity or dollar value delivered and invoiced), and Unit Price (e.g. $1.00). The dollar amounts on each CLIN or SubCLIN on the WAWF invoice shall reflect final performance values, but in no instance can the dollar amount for each CLIN or SubCLIN exceed what is specified in the contract document.

The Contractor shall bill to the lowest level, e.g., the SubCLIN level. The Quantity and Unit of Measure fields must be filled out exactly as indicated in the CLINs and SubCLINs to reduce the possibility of the invoice being delayed or rejected during processing.

Before closing out of an invoice session in WAWF, but after submitting the document or documents, the Contractor will be given the option to send additional email notifications by clicking on the “Send More Email Notifications” link that appears on the page. The Contractor shall click on this link and add the Technical Point of Contact’s (TPOC) or Contracting Officer’s Representative’s (COR) email address in the first email address block and add any other additional email addresses desired in the following blocks. This additional notification to the Government is important to ensure the acceptor/receiver is aware that the invoice documents have been submitted into the WAWF system.

(9) DFARS 252.232-7010 Levies on Contract Payments (DEC 2006)

(a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of contract payments, up to the amount of tax debt.

(b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in writing, with a copy to the Administrative Contracting Officer, and shall provide—

(1) The total dollar amount of the levy;

(2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including rationale and adequate supporting documentation; and

(3) Advice as to whether the inability to perform may adversely affect national security, including rationale and adequate supporting documentation.

(c) DoD shall promptly review the Contractor’s assessment, and the Procuring Contracting Officer shall provide a written notification to the Contractor including–

(1) A statement as to whether DoD agrees that the levy may result in an inability to perform the contract; and

(2) (i) If the levy may result in an inability to perform the contract and the lack of performance will adversely affect national security, the total amount of the monies collected that should be returned to the Contractor; or

(ii) If the levy may result in an inability to perform the contract but will not impact national security, a recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation.

(d) Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act.

(End of Summary of Changes)