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Outboard Motor (OBM) Inspection Repair/Refurbishment
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N61331-14-R-0010
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Section SF 1449 - CONTINUATION SHEET

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
70
Each

LTI(s) - BASE YEAR

FFP

Pickup and return for Limited Technical Inspection (LTI) of up to 70 Bombardier (Johnson/Evinrude) small outboard motors (55 HP or less) located at Naval Amphibious Base (NAB) Little Creek, VA in accordance with section 3.1 of addendum to 52.212-4. (See page 25)

FOB: Destination

ESTIMATED

NET AMT

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
70
Each

REFURBISHMENT - BASE YEAR

After authorization, refurbish up to 70 small outboard motors in accordance with section 3.2 of addendum to 52.212-4. (See page 25)

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
231,000
Each

ADDITIONAL REPAIRS - BASE YEAR

After authorization, additional repair not covered under CLIN 0002 and in accordance with section 3.2 of addendum to 52.212-4. The Maximum Estimated Amount for this CLIN is $231,000.00. All proposals shall include a Not to Exceed amount of $231,000.00 for this CLIN. (See page 25)

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
70
Each
OPTION
LTI(s) - OPTION YEAR 1

FFP

Pickup and return for Limited Technical Inspection (LTI) of up to 70 Bombardier (Johnson/Evinrude) small outboard motors (55 HP or less) located at Naval Amphibious Base (NAB) Little Creek, VA in accordance with section 3.1 of addendum to 52.212-4. (See page 25)

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
70
Each
OPTION
REFURBISHMENT - OPTION YEAR 1

FFP

After authorization, refurbish up to 70 small outboard motors in accordance with section 3.2 of addendum to 52.212-4. (See page 25)

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
231,000
Each
OPTION
ADDITIONAL REPAIRS - OPTION YEAR 1

FFP

After authorization, additional repair not covered under CLIN 1002 and in accordance with section 3.2 of addendum to 52.212-4. The Maximum Estimated Amount for this CLIN is $231,000.00. All proposals shall include a Not to Exceed amount of $231,000.00 for this CLIN. (See page 25)

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
70
Each
OPTION
LTI(s) - OPTION YEAR 2

FFP

Pickup and return for Limited Technical Inspection (LTI) of up to 70 Bombardier (Johnson/Evinrude) small outboard motors (55 HP or less) located at Naval Amphibious Base (NAB) Little Creek, VA in accordance with section 3.1 of addendum to 52.212-4. (See page 25)

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
70
Each
OPTION
REFURBISHMENT - OPTION YEAR 2

FFP

After authorization, refurbish up to 70 small outboard motors in accordance with section 3.2 of addendum to 52.212-4. (See page 25)

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
231,000
Each
OPTION
ADDITIONAL REPAIRS - OPTION YEAR 2

FFP

After authorization, additional repair not covered under CLIN 2002 and in accordance with section 3.2 of addendum to 52.212-4. The Maximum Estimated Amount for this CLIN is $231,000.00. All proposals shall include a Not to Exceed amount of $231,000.00 for this CLIN.(See page 25)

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
70
Each
OPTION
LTI(s) - OPTION YEAR 3

FFP

Pickup and return for Limited Technical Inspection (LTI) of up to 70 Bombardier (Johnson/Evinrude) small outboard motors (55 HP or less) located at Naval Amphibious Base (NAB) Little Creek, VA in accordance with section 3.1 of addendum to 52.212-4. (See page 25)

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
70
Each
OPTION
REFURBISHMENT - OPTION YEAR 3

FFP

After authorization, refurbish up to 70 small outboard motors in accordance with section 3.2 of addendum to 52.212-4. (See page 25)

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
231,000
Each
OPTION
ADDITIONAL REPAIRS - OPTION YEAR 3

FFP

After authorization, additional repair not covered under CLIN 3002 and in accordance with section 3.2 of addendum to 52.212-4. The Maximum Estimated Amount for this CLIN is $231,000.00. All proposals shall include a Not to Exceed amount of $231,000.00 for this CLIN. (See page 25)

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
70
Each
OPTION
LTI(s) - OPTION YEAR 4

FFP

Pickup and return for Limited Technical Inspection (LTI) of up to 70 Bombardier (Johnson/Evinrude) small outboard motors (55 HP or less) located at Naval Amphibious Base (NAB) Little Creek, VA in accordance with section 3.1 of addendum to 52.212-4. (See page 25)

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
70
Each
OPTION
REFURBISHMENT - OPTION YEAR 4

FFP

After authorization, refurbish up to 70 small outboard motors in accordance with section 3.2 of addendum to 52.212-4. (See page 25)

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
231,000
Each
OPTION
ADDITIONAL REPAIRS - OPTION YEAR 4

FFP

After authorization, additional repair not covered under CLIN 4002 and in accordance with section 3.2 of addendum to 52.212-4. The Maximum Estimated Amount for this CLIN is $231,000.00. All proposals shall include a Not to Exceed amount of $231,000.00 for this CLIN. (See page 24)

ESTIMATED

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
Destination
Government
Destination
Government
0002
Destination
Government
Destination
Government
0003
Destination
Government
Destination
Government
1001
Destination
Government
Destination
Government
1002
Destination
Government
Destination
Government
1003
Destination
Government
Destination
Government
2001
Destination
Government
Destination
Government
2002
Destination
Government
Destination
Government
2003
Destination
Government
Destination
Government
3001
Destination
Government
Destination
Government
3002
Destination
Government
Destination
Government
3003
Destination
Government
Destination
Government
4001
Destination
Government
Destination
Government
4002
Destination
Government
Destination
Government
4003
Destination
Government
Destination
Government

PERIOD OF PERFORMANCE

This contract will become effective on the date of award and will continue in effect during the period ending twelve (12) months thereafter, unless terminated in accordance with other provisions herein.

If Exercised: CLINS 1001-1003 (Option) has an ordering period of twelve (12) months from date of exercise of option.

If Exercised: CLINS 2001-2003 (Option) has an ordering period of twelve (12) months from date of exercise of option.

If Exercised: CLINS 3001-3003 (Option) has an ordering period of twelve (12) months from date of exercise of option.

If Exercised: CLINS 4001-4003 (Option) has an ordering period of twelve (12) months from date of exercise of option.

Each Delivery Order issued against this contract, will specify a delivery schedule.

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
0001
12 mths. After Date

Of Contract (ADC)

70
SEE INDIVIDUAL DELIVERY ORDERS
0002
12 mths. ADC
70
SEE INDIVIDUAL DELIVERY ORDERS
0003
12 mths. ADC
231,000
SEE INDIVIDUAL DELIVERY ORDERS
1001
24 mths. ADC
70
SEE INDIVIDUAL DELIVERY ORDERS
1002
24 mths. ADC
70
SEE INDIVIDUAL DELIVERY ORDERS
1003
24 mths. ADC
231,000
SEE INDIVIDUAL DELIVERY ORDERS
2001
36 mths. ADC
70
SEE INDIVIDUAL DELIVERY ORDERS
2002
36 mths. ADC
70
SEE INDIVIDUAL DELIVERY ORDERS
2003
36 mths. ADC
231,000
SEE INDIVIDUAL DELIVERY ORDERS
3001
48 mths. ADC
70
SEE INDIVIDUAL DELIVERY ORDERS
3002
48 mths. ADC
70
SEE INDIVIDUAL DELIVERY ORDERS
3003
48 mths. ADC
231,000
SEE INDIVIDUAL DELIVERY ORDERS
4001
60 mths. ADC
70
SEE INDIVIDUAL DELIVERY ORDERS
4002
60 mths. ADC
70
SEE INDIVIDUAL DELIVERY ORDERS
4003
60 mths. ADC
231,000
SEE INDIVIDUAL DELIVERY ORDERS

**EACH DELIVERY ORDER WILL REFLECT THE LEAD TIME FOR EACH

ORDER**

CLAUSES INCORPORATED BY REFERENCE

52.203-3
Gratuities
APR 1984
52.204-4
Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7
System for Award Management
JUL 2013
52.209-7
Information Regarding Responsibility Matters
JUL 2013
52.212-1
Instructions to Offerors--Commercial Items
JUL 2013
52.212-4
Contract Terms and Conditions--Commercial Items
SEP 2013
52.217-5
Evaluation Of Options
JUL 1990
52.222-20
Walsh-Healey Public Contracts Act
OCT 2010
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.245-1
Government Property
APR 2012
52.245-9
Use And Charges
APR 2012
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7005
Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7011
Alternative Line Item Structure
SEP 2011
252.205-7000
Provision Of Information To Cooperative Agreement Holders
DEC 1991
252.215-7008
Only One Offer
OCT 2013
252.225-7001
Buy American And Balance Of Payments Program
DEC 2012
252.226-7001
Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
SEP 2004
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.232-7010
Levies on Contract Payments
DEC 2006
252.243-7002
Requests for Equitable Adjustment
DEC 2012
252.244-7000
Subcontracts for Commercial Items
JUN 2013
252.245-7001
Tagging, Labeling, and Marking of Government-Furnished Property
APR 2012
252.245-7002
Reporting Loss of Government Property
APR 2012
252.245-7003
Contractor Property Management System Administration
APR 2012
252.245-7004
Reporting, Reutilization, and Disposal
MAY 2013
252.247-7023
Transportation of Supplies by Sea
JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2014)

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(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 check as appropriate.)

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (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. (Aug, 2013) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 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 Pub. L. 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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (July 2013) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (July 2013) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Oct 2001) of 52.219-9.

____ (iii) Alternate II (Oct 2001) of 52.219-9.

____ (iv) Alternate III (Jul 2010) of 52.219-9.

_X___ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

_X___ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

____ (ii) Alternate I (June 2003) of 52.219-23.

____ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (July 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

____ (23) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

____ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

X (25) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)).

____ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (July 2013) (15 U.S.C. 637(m)).

____ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126).

X (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

X (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

X (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

X (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

____ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 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.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (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.)

____ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (39)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

____ (ii) Alternate I (Dec 2007) of 52.223-16.

_X___ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

____ (41) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

____(42)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (NOV 2012) (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 (MAR 2012) of 52.225-3.

(iii) Alternate II (MAR 2012) of 52.225-3.

(iv) Alternate III (NOV 2012) of 52.225-3.

____ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

____ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

____ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X___ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

____ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (52) 52.232-36, Payment by Third Party (July 2013) (31 U.S.C. 3332).

____ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (54)(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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

_____ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).

_____ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

_____ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 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 this 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 (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (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.

(iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 1998) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 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.

(End of clause) 52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 2 engines, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of maximum order amount of contract;

(2) Any order for a combination of items in excess of maximum order amount of contract; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 60 DAYS FROM END OF AWARD.

(End of clause)

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 DAYS BEFORE OF CURRENT CLIN EXPIRATION DATE. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within prior to the expiration of the current performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 MONTHS.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/ (End of clause)

252.216-7006 ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from _DATE OF AWARD__ through __60 MONTHS AFTER AWARD____ .

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

(End of Clause)

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).

X
Invoice and Receiving Report Combo (FFP Supply)

Cost Voucher (Cost Reimbursable, T&M , LH, or FPI)

(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.

DESTINATION : N61331

(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

SEE INDIVIDUAL DELIVERY ORDERS

Issue By DoDAAC

N61331 Admin DoDAAC

Inspect By DoDAAC

Ship To Code

SEE INDIVIDUAL DELIVERY ORDERS

Ship From Code

LEAVE BLANK

Mark For Code

Service Approver (DoDAAC)

LEAVE BLANK

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

N/A

(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.

TBD &

COREY.REZNER@NAVY.MIL

(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.

TBD

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

(End of clause)

ADDENDUM TO 52.212-1

ADDITIONAL INSTRUCTIONS TO OFFERORS

The Contractor shall demonstrate an understanding of the requirement by providing the following in addition to the requirements set forth in FAR Clause 52.212-5.

1) Bombardier Certification:

The Contractor shall provide evidence of Certified Bomabardier Trained personnel to perform the inspection, refurbishment, and repair of all Bombardier 30 and 55 HP outboard motors. The contractor shall provide a copy of all service technicians’ current “Certified Technician” or “Master Technician” training Certificate issued by Bombardier.

2) Past Performance:

The contractor shall provide up to three (3) Past Performance Information for work performed within the last five years, to include recent and relevant contracts for the same or similar items and other references Include contract/Task Order number, contract type, program name, total contract cost, short description of work performed, how the work is relevant to this task and names and valid telephone number and email and mail address for the Point of Contact. The Government may also use other information such as CPARS/PPIRS data available from Government sources to evaluate an Offeror's past performance. The Government reserves the right to limit or expand the number of references it decides to contact and to contact other references than those provided by the Offeror. If the Offeror does not provide performances references during the last five years, the Offeror shall address this and provide a written narrative providing the detailed reasons for not providing references.

3) Price:

The Contractor shall provide pricing for all CLINS listed in Schedule of this Standard Form 1449. The contractor shall also provide houly shop rates used under each under CLINs 0003, 1003, 2003, 3003, & 4003 in the table below.

SHOP HOURLY LABOR RATES PER YEAR

BASE YEAR
$
OPTION YEAR 1
$
OPTION YEAR 2
$
OPTION YEAR 3
$
OPTION YEAR 4
$

ADDENDUM TO 52.212-4

SUPPORT UNIT

This Bombardier 55 hp (or less) OBM Requirements Contract shall satisfy OBM refurbishment/repair requirements for the Logistic Support Unit Two (LOGSU-2) and Special Boat Unit/Team 20 (SBT-20).

AUTHORIZED ORDER OFFICE

The Naval Surface Warfare Center Panama City (NSWC PC) is the only office authorized to write delivery orders on this contract.

ORDER INSTRUCTIONS- ISSUING ORDERS

(a) Ordering: Supplies or services to be furnished under this contract shall be furnished at such times as ordered by the issuance of delivery orders on DD Form 1155 by the Naval Surface Warfare Center Panama City. All orders issued hereunder are subject to the terms and conditions of this contract. This contract shall control in the event of conflict with any order.

NOTE: Delivery orders issued under this contract will be issued to the Contractor electronically.

(b) Ordering Procedures:

(1) Delivery orders issued may include, but not be limited to the following information:

(a) Date of Order

(b) Contract and Order Number

(c) Appropriation and accounting data

(d) Description of the services to be performed

(e) Description of end item(s) to be delivered

(f) Exact place of pickup and delivery

(g) The inspecting and accepting codes (as applicable)

(h) Period of time in which the products are to be delivered

(i) Estimated number of shop labor hours.

(j) The ceiling price for the order

(k) List of Government furnished property and the estimated value thereof, if applicable.

Oral orders may be placed hereunder only in emergency circumstances. Information described above shall be furnished to the contractor at the time of placing an oral order and shall be confirmed by issuance of a written delivery order on DD Form 1449 at a date to be determined upon issuance of oral orders.

(c) Modifications of Delivery Orders: Delivery orders may be modified by the ordering officer. Modifications to delivery orders shall include the information set forth in paragraph b above, as applicable. Delivery orders may be modified orally by the ordering officer in emergency situations. Oral modifications shall be confirmed by the issuance of a written modification at a date to be determined upon issuance of the oral modification.

(d) The Ceiling Amount for each delivery will be the ceiling price stated therein and may not be exceeded except when authorized by a modification to the delivery order.

GOVERNMENT FURNISHED PROPERTY

** ALL GOVERNMENT FURNISHED PROPERTY SHALL BE DELINEATED ON EACH INDIVIDUAL DELIVERY ORDER.**

POINTS OF CONTACT

CONTRACTING OFFICER

Mrs. Jenetta Langston

Code G2 jenetta.langston@navy.mil

(850) 235-5362

CONTRACT SPECIALIST

Ms. Courtney Henslee

Code G2 courtney.henslee@navy.mil

(850) 235-5354

LIFE CYCLE SUSTAINMENT MAANGER (LCSM) PROJECT MANAGER

TBD

LITTLE CREEK NAVAL BASE TECHNICAL CONTACT

TBD

ADDENDUM TO 52.212-4 TERMS AND CONDITIONS

SMALL OUTBOARD MOTOR (OBM)

INSPECTION/REPAIR/REFURBISHMENT

1.0 GENERAL

These terms and conditions identify the requirements for the inspection, repair and refurbishment of small (55hp or less) Bombardier OBMs (including lower end units) in order to return the items to a reliable, operational condition that can be sustained with routine maintenance. The OBMs shall be picked up from and returned to Naval Amphibious Base (NAB) Little Creek, VA by the contractor in lots of up to five (5) each and possibly in multiple lots. Pickup of the OBMs shall be made within five (5) working days of notification by the Little Creek Naval Base point of Contact identified below, that they are ready for pickup. The contractor shall have all necessary personnel and equipment to pick-up, at a minimum, (5) OBM, either palletized or un-palletized from NAB Little Creek point of contact. The inspection, repair, and refurbishment shall be completed using a certified Bombardier Technician or Mechanic. The Contractor shall provide evidence of the Bombardier certification for the life of the contract.

The contractor shall inspect each unit and provide a Limited Technical Inspection (LTI) report. The LTI shall detail the inspection results and specify the items recommended for repair or replacement not listed in Section 3.2 below titled “Refurbishment”. Repair or replacement items include, but are not limited to propellers, knobs, handles, switches, cylinders, valves, bearings and gears, etc. The desired turn-around time for completion of the inspection repair and refurbishment of each lot of engines is within 45 days from date of pickup by the contractor. (CDRL A001)

1.1 Acronyms

CDRL

Contract Data List Requirements List

LTI

Limited Technical Inspection Report

LCSM

Life Cycle Sustainment Manager

OBM

Outboard Motor

OEM

Original Equipment Manufacturer

PCO

Procuring Contracting Officer

SAE

Society of Automotive Engineers

TM

Technical Manual

2.0 APPLICABLE DOCUMENTS

The Original Equipment Manufacturer’s (OEM) Technical Manual (TM), and Service Bulletins shall govern the repair and maintenance.

3.0 REQUIREMENTS

3.1 Inspection (CDRL A001)

Authorization to proceed shall be provided by the Contracting Officer by issuance of a Delivery Order. The Contractor shall not proceed with any pick up or inspection until authorized by the Contracting Officer. The contractor shall conduct a LTI on each OBM, including the gear case. The LTI shall be performed to sufficiently determine which items need to be repaired or replaced in order to return the unit to a reliable, operational condition. The LTI shall also include cylinder compression tests, cylinder leak-down tests and a check of the crank bearing clearances. The contractor shall perform the LTI on each unit in the lot shall than submit an estimate to repair that includes labor hours and parts required and estimated time to complete (date for return to Little Creek Naval Base) for each item. The LTI report and estimate for repair shall be submitted within ten (10) business days of picking up the motors, by e-mail, to the Contracting Officer with a copy to the Little Creek Naval Base point of contact and the LCSM Project Manager.

The LTI for the complete refurbishment/repair shall identify the labor cost, labor hour total, materials cost, etc. for the actual repair of items not included in Section 3.2 below. (CDRL A0001) Each LTI and quote shall contain the following information:

LABOR CATEGORIES

HOURS

SHOP RATE(S)

FIRM FIXED PRICE

MATERIALS

UNIT COST/PRICE

1. Description of item

2. Description of item

3. Description of item

TOTAL MATERIAL COST

TOTAL FIRM FIXED PRICE PER MOTOR

3.2 Refurbishment

Refurbishment and repair shall be undertaken by the Contractor only after authorization has been granted in writing in the form of a contract modification by the Contracting Officer. Based on the LTI results, the Government may to decide to repair and refurbish the units. Each unit to be refurbished shall be degreased and cleaned. All engine fluids shall be drained and replaced with new, manufacturer approved fluids. Additionally, the following items shall be replaced with new OEM parts:

a. Replace all spark plugs

b. Replace engine water pump

c. Replace engine thermostat

d. Replace engine fuel filter

e. Replace fuel lines and connectors.

f. Replace zincs

g. Replace lower unit seal(s)

h. Paint engine cowling, extension and lower gear case with OEM approved flat black paint

Authorization to proceed will be provided, by the Contracting Officer, by issuance of modification to the Delivery Order. Refurbishment and repair shall be accomplished in accordance with factory approved methods/procedures and the applicable documents identified in paragraph 2.0 above. Parts used shall be original equipment manufacturer (OEM) parts or Society of Automotive Engineers (SAE) approved parts for the correct year. Non-OEM parts shall be noted in the estimate.

The Contractor shall report inspection, refurbishment, or repair delays to the Contracting Officer. The notice shall include/indicate the cause and a new estimated time to complete.

3.3 Operational Testing

The contractor shall operate the engines for a minimum of 15 minutes in the test tank at NAB Little Creek with assistance of NAB personnel. The Contractor shall demonstrate that the motors pass the following operational test: ease of starting, operational check for leaks, visual inspection of exhaust, cooling water flow, unusual noises in engine and gear case, throttle response and post-operation visual inspection of engine upon completion of satisfactory 15 minute tank operation. If an engine fails operational testing the contractor shall transport engine back to its facility and correct any deficiency.

3.4 Warranty

Contractor shall provide a standard commercial warranty for parts and labor shall apply to all refurbishment and repair actions. The warranty shall be in effect upon delivery/acceptance of each individual delivery order.

4.0 GOVERNMENT FURNISHED PROPERTY

The government will utilize the Requisition and Invoice/Shipping Document (Standard Form 1149), along with the issuance of the Delivery Order, as the means for tracking each lot of engines turned over to the contractor for inspection and refurbishment. The government will identify the engines in each lot by serial number, which will be listed on the Standard Form 1149. The Standard Form 1149 shall be sent to Government contract personnel prior to engine pick-up by the contractor.

5.0 SECURITY

Data generated under this delivery order shall be unclassified. The Contractor shall not be required to possess or store classified material in support of the SOW.

5.1 Minimum Requirements for Access to Controlled Unclassified Information (CUI)

Prior to access, contractor personnel requiring access to DON controlled unclassified information (CUI) or "user level access to DON or DoD networks and information systems, system security and network defense systems, or to system resources providing visual access and/or ability to input, delete or otherwise manipulate sensitive information without controls to identify and deny sensitive information" contractors must have clearance eligibility, or submit an Electronic Questionnaire for Investigation Processing (SF 86) to NSWC PCD Security for processing and subsequent adjudication by the DON Central Adjudication Facility.

5.2 Minimum Protection Requirements for Controlled Unclassified Information

Security classification guides (OPNAVINST 5513 series) and unclassified limited documents (e.g., FOUO, Distribution Statement Controlled) are not authorized for public release and, therefore, cannot be posted on a publicly accessible webserver or transmitted over the Internet unless appropriately encrypted.

5.3 Controlled Unclassified Information (CUI)

Controlled unclassified information (CUI) is official information that requires the application of controls and protective measures for a variety of reasons and has not been approved for public release, to include technical information, proprietary data, information requiring protection under the Privacy Act of 1974, and Government-developed privileged information involving the award of contracts. CUI is a categorical designation that refers to unclassified information that does not meet the standards for National Security Classification under Executive Order 13526, but is (a) pertinent to the national interest of the United States or to the important interests of entities outside the Federal Government, and (b) under law or policy requires protection from unauthorized disclosure, special handling safeguards, or prescribed limits on exchange or dissemination.

5.4 For Official use Only (FOUO)

FOUO is a document designation, not a classification. This designation is used by Department of Defense (DoD) and a number of other federal agencies to identify information or material, which although unclassified, disclosure to the public of the information would reasonably be expected to cause a foreseeable harm to an interest protected by one or more provisions of the FOIA. This includes information that qualifies for protection pursuant to the provisions of the Privacy Act of 1974, as amended. FOUO must be marked, controlled and safeguarded in accordance with DoD 5200.01, Vol. 4, DoD Information Security Program: Controlled Unclassified Information (CUI), February 24, 2012.

5.5 Security of Unclassified DoD Information on Non-DoD Information Systems (DoD 8582.01) DoD Policy

Adequate security be provided for all unclassified DoD information on non-DoD information systems. Appropriate requirements shall be incorporated into all contracts, grants, and other legal agreements with non-DoD entities.

Information Safeguards are applicable to unclassified DoD information in the possession or control of non-DoD entities on non-DoD information systems, to the extent provided by the applicable contract, grant, or other legal agreement with the DoD.

Information Safeguards

Unclassified DoD information that has not been cleared for public release may be disseminated by the contractor, grantee, or awardee to the extent required to further the contract, grant, or agreement objectives, provided that the information is disseminated within the scope of assigned duties and with a clear expectation that confidentiality will be preserved. Examples include:

a. Non-public information provided to a contractor (e.g., with a request for proposal).

b. Information developed during the course of a contract, grant, or other legal agreement (e.g., draft documents, reports, or briefings and deliverables).

c. Privileged information contained in transactions (e.g., privileged contract information, program schedules, contract-related event tracking).

It is recognized that adequate security will vary depending on the nature and sensitivity of the information on any given non-DoD information system. However, all unclassified DoD information in the possession or control of non-DoD entities on non-DoD information systems shall minimally be safeguarded as…

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