AHTS_GBTS_N6134019R0096.pdf
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- Attached to
- Advanced Helicopter Training System Program for Ground Based Training System (N61340-19-R-0096)
- Solicitation number
- N6134019R0096
About this file
This announcement is for an Industry Day being held by the Naval Air Warfare Center Training Systems Division to increase awareness of industry capabilities and gather data to shape the future procurement strategy for the Advanced Helicopter Training System for the TH-XX Ground Based Training System program. A general session will be held on July 9th from 0800 to 1000 CT followed by a facilities walkthrough from 1015 to 1130 CT. One-on-one sessions between the Government and industry will be held on July 9th from 1245 to 1700 CT and July 10th from 0800 to 1700 CT, with each session limited to 60 minutes. Interested parties should register for the general session or one-on-one sessions by emailing the points of contact provided, including company name, business size, and CAGE code. The anticipated NAICS code is 611512 for Flight Training with a size standard of $27.5 million. The draft Performance Work Statement is expected to be released prior to the Industry Day.
Draft RFP AHTS GBTS
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CODE
(Hour)
PAGE(S)
until local time
X
A
X B
X C X D
EX
X
G
F 25 - 35
X H
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA
FAR (48 CFR) 53.214(c)
1 35
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
N61340 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 7 - 14
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 15 - 17 M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIO NS AND INSTRUCTIO NS
PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS
18 - 23
PART II - CO NTRACT CLAUSES
NAWCTSD 253
CODE 2.5.3.7
12211 SCIENCE DRIVE
ORLANDO FL 32826-3224
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.5. DATE ISSUED4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
N6134019R0096
Section B - Supplies or Services and Prices
SECTION B
B.1 PRICE BREAKOUT WORKSHEET AND SECTION B
(a) The structure and line items of Section B will be based on the data from the Price Breakout Worksheet (PBW), Attachment 2. Pricing for CLINS/ Tasks will be populated in Section B at time of award/option exercise, using the
PBW Attachment 2.
(b) Pricing for Option CLINs that have not been exercised are for Government planning purposes only and shall not bind the Government to a Task Level prior to exercise of the option.
(c) The PBW is provided as Attachment 2 to show the offeror's pricing at the CLIN/Task levels.
Section C - Descriptions and Specifications
SECTION C
C.1 PERFORMANCE WORK STATEMENT/TECHNICAL DATA
(a) The specific requirements of this contract are identified in Attachment 1, Performance Work Statement (PWS)
(b) Technical Data and Information requirements (DD Forms 1423) of this contract are identified in Exhibits “X” and “X”.
CLAUSES INCORPORATED BY FULL TEXT
C-TXT-ECMRA REQUIRED ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING
APPLICATION (ECMRA) INFORMATION (NOV 2017)
The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the [NAMED COMPONENT] via a secure data collection site.
Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:
(1) W, Lease/Rental of Equipment;
(2) X, Lease/Rental of Facilities;
(3) Y, Construction of Structures and Facilities;
(4) D, Automatic Data Processing and Telecommunications, IT and Telecom - Telecommunications
Transmission (D304) and Internet (D322) ONLY.
(5) S, Utilities ONLY;
(6) V, Freight and Shipping ONLY.
The contractor is required to completely fill in all required data fields using the following web address
"https://www.ecmra.mil".
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at "https://www.ecmra.mil".
Section D - Packaging and Marking
5252.247-9507 PACKAGING AND MARKING OF REPORTS (NAVAIR)(OCT 2005)
(a) All unclassified data shall be prepared for shipment in accordance with best commercial practice. Classified reports, data and documentation, if any, shall be prepared for shipment in accordance with the National Industry
Security Program Operating Manual, DoD 5220.22-M.
(b) The contractor shall prominently display on the cover of each report the following information:
(1) Name and business address of contractor.
(2) Contract Number/Delivery/Task order number.
(3) Contract/Delivery/Task order dollar amount.
(4) Whether the contract was competitively or non-competitively awarded.
(5) Name of sponsoring individual.
(6) Name and address of requiring activity.
5252.247-9508 PROHIBITED PACKING MATERIALS (NAVAIR)(JUN 1998)
The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.
Section E - Inspection and Acceptance
CLAUSES INCORPORATED BY REFERENCE
52.246-4 Inspection Of Services--Fixed Price AUG 1996
5252.246-9512 INSPECTION AND ACCEPTANCE (NAVAIR)(OCT 2005)
(a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by
Contracting Offcer Representative (COR).
(b) Acceptance of all Contract Line Items/Sub Line Items (CLINs/SLINs) shall be made by signature of the accepting authority on a DD 250 submitted through the WAWF system. Acceptance will only occur when the accepting authority is sure that inspections performed demonstrate compliance with contract requirements.
5252.246-9514 INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION
(NAVAIR)(FEB 1995)
Inspection and acceptance of technical data and information will be performed by the Procuring Contracting
Officer (PCO) or his duly authorized representative. Inspection of technical data and information will be performed by ensuring successful completion of the requirements set forth in the DD Form 1423, Contract Data Requirements
List (CDRL) and incorporation/resolution of Government review comments on the data items. Acceptance will be evidenced by execution of an unconditional DD Form 250, Material Inspection and Receiving Report, as appropriate, and/or upon receipt of a second endorsement acceptance by the PCO on the attachment to this contract entitled [insert title of attachment, e.g., NAWCTSD 4330/60 Data Item Transmittal/Acceptance/ Rejection Form].
The attached form will not be used for high cost data such as drawings, specifications, and technical manuals.
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
5252.211-9507 PERIOD OF PERFORMANCE (NAVAIR)(SEP 2013)
(a) The contract shall commence on [insert effective date] and shall continue [insert either "for a period of months" or provide a calendar date ]. However, the period of performance may be extended in accordance with the option provisions contained herein.
(b) If DFAR Clause 252.216-7006, "Ordering", is incorporated into this contract, then the period in which the
Government can issue orders under the contract will be extended at the exercise of an option, and extended to the end of that option period.
5252.247-9505 TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995)
Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data
Requirements List, DD Form 1423, Exhibits A and B, attached hereto, and the following:
(a) The contractor shall concurrently deliver technical data and information per DD Form 1423, Blocks 12 and 13
(date of first/subsequent submission) to all activities listed in Block 14 of the DD Form 1423 (distribution and addresses) for each item. Complete addresses for the abbreviations in Block 14 are shown in paragraph (g) below.
Additionally, the technical data shall be delivered to the following cognizant codes, who are listed in Block 6 of the
DD Form 1423.
(1) PCO, Code 2.5.3.7
(2) ACO, Code [insert code].
[insert additional code addresses, as necessary]
(b) Partial delivery of data is not acceptable unless specifically authorized on the DD Form 1423, or unless approved in writing by the PCO.
(c) The Government review period provided on the DD Form 1423 for each item commences upon receipt of all required data by the technical activity designated in Block 6.
(d) A copy of all other correspondence addressed to the Contracting Officer relating to data item requirements
(i.e., status of delivery) shall also be provided to the codes reflected above and the technical activity responsible for the data item per Block 6, if not one of the activities listed above.
(e) The PCO reserves the right to issue unilateral modifications to change the destination codes and addresses for all technical data and information at no additional cost to the Government.
(f) Unless otherwise specified in writing, rejected data items shall be resubmitted within thirty (30) days after receipt of notice of rejection.
(g) DD Form 1423, Block 14 Mailing Addresses: See Block 14 of each DD Form 1423
Section G - Contract Administration Data
252.201-7000 Contracting Officer's Representative DEC 1991
252.204-7002 Payment For Subline Items Not Separately Priced DEC 1991
252.204-7006 Billing Instructions OCT 2005
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(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.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of
Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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.sam.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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting
Officer.
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the
Contracting Officer.
(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(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 ____
Issue By DoDAAC ____
Admin DoDAAC** ____
Inspect By DoDAAC ____
Ship To Code ____
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) ____
Service Acceptor (DoDAAC) ____
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert
“See Schedule” or “Not applicable.”)
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the
DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition
Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(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.
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)
(a) Contract line item(s) [Contracting Officer insert after negotiations] is/are incrementally funded. For this/these item(s), the sum of $---[Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.
(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government’s convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled “Termination for Convenience of the Government.” As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor’s notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled “Termination for Convenience of the
Government.”
(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.
(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the
Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled “Disputes.”
(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.
(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled
“Default.” The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.
(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”
(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.
(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:
On execution of contract $ ________
(month) (day), (year) $ ________
(month) (day), (year) $ ________
(month) (day), (year) $ ________
5252.201-9500 TECHNICAL POINT OF CONTACT (TPOC)(NAVAIR)(SEP 2012)
(a) The Technical Point of Contact (TPOC) for this contract is:[insert name, code, mailing address, and telephone number]
(b) This individual is not a Contracting Officer nor a Contracting Officer's Representative (COR)/Task Order
COR (TOCOR) and has no authority to make changes, verbally or otherwise, to the existing contract or order.
Further, no authority has been delegated to this individual by the Procuring Contracting Officer (PCO).
(c) The contractor may use this technical POC for technical questions related to the existing contract or order.
Also, as a representative of the requiring activity, the TPOC may perform or assist in such areas as: base access forms, security related issues, IT access requirements, Contractor Performance Assessment Reporting System
(CPARS), clarification of technical requirements, and statement of work inquires.
(d) The contractor shall immediately notify the Procuring Contracting Officer in writing if the contractor interprets any action by the TPOC to be a change to the existing contract.
5252.201-9501 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR)
(NAVAIR)(SEP 2012)
(a) The Contracting Officer has designated [insert name, mailing address, code, and telephone number] as the authorized Contracting Officer's Representative (COR) to perform the following functions, duties, and/or responsibilities:[Insert functions, duties, and/or responsibilities of the COR].
(b) The effective period of the COR designation is [insert "the period of performance of this contract" OR "from
_______ to ________."]
5252.204-9503 EXPEDITING CONTRACT CLOSEOUT (NAVAIR) (JAN 2007)
(a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the
Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $1,000 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party might be considered to the extent permitted by law.
(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.
5252.242-9511 CONTRACT ADMINISTRATION DATA (NAVAIR)(NOV 2017)
(a) Contract Administration Office.
(1) Contract administration functions (see FAR 42.302(a) and DFARS 242.302(a)) are assigned to: See the
ADMINISTERED BY Block on the face page of the contract, modification, or order.
(b) Special Instructions (see FAR 42.202(b) and (c)):
(1) The following contract administration functions are retained (see FAR 42.302(a) and DFARS 242.302(a)):
Functions Retained Retained for Performance By:
[Insert function from FAR 42.302(a) or DFARS
242.302(a)]
[Insert PCO, COR, Requiring Activity, or TPOC for each function.]
[Repeat as necessary.]
(2) The following additional contract administration functions are assigned (see FAR 42.302(b)):
Additional Functions Retained for Performance By:
[Insert function from FAR 42.302(b) or other function identified as necessary for administration of the contract.]
[Insert "See the ADMINISTERED BY Block on the face page of the contract, modification or order."]
[Repeat as necessary.]
(c) Inquiries regarding payment should be referred to: MyInvoice through the Wide Area Workflow eBusiness
Suite: https://wawf.eb.mil.
G-TXT-PAY PAYMENT INSTRUCTIONS (APR 2018)
FOR GOVERNMENT USE ONLY
Contract/Order
Payment Clause
Type of
Payment
Request Supply Service Construction
Payment Office
Allocation Method
52.212-4 (Alt I), Contract Terms and
Conditions—
Commercial Items
52.216-7, Allowable
Cost and Payment
52.232-7, Payments under Time-and-
Materials and Labor-
Hour Contracts
Cost Voucher X X N/A Line item specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.
52.232-1, Payments Navy
Shipbuilding
Invoice (Fixed
Price)
X N/A N/A Line Item specific by fiscal year. If there is more than one
ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.
52.232-1, Payments;
52.232-2, Payments under Fixed-Price
Research and
Development
Contracts;
52.232-3, Payments under Personal
Services Contracts;
52.232-4, Payments under Transportation
Contracts and
Invoice X X N/A Line Item Specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.
Transportation-Related
Services Contracts; and
52.232-6, Payments under Communication
Service Contracts with
Common Carriers
52.232-5, Payments
Under Fixed-Price
Construction Contracts
Construction
Payment
Invoice
N/A N/A X Line Item specific by fiscal year. If there is more than one
ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.
52.232-16, Progress
Payments
Progress
Payment*
X X N/A Contract-wide proration. Funds shall be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN. Progress
Payments are considered contract level financing, and the
“contract price” shall reflect the fixed price portion of the contract per FAR 32.501-3.
52.232-29, Terms for
Financing of Purchases of Commercial Items;
52.232-30, Installment
Payments for
Commercial Items
Commercial
Item
Financing*
X X N/A Specified in approved payment.
The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR
32.207(b)(2) and 32.1007(b)(2).
52.232-32, Performance-Based
Payments
Performance-
Based
Payments*
X X N/A Specified in approved payment.
The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR
32.207(b)(2) and 32.1007(b)(2).
252.232-7002, Progress Payments for
Foreign Military Sales
Acquisitions
Progress
Payment*
X X N/A Allocate costs among line items and countries in a manner acceptable to the Administrative
Contracting Officer.
*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial item financing).
Section H - Special Contract Requirements
H.1 AWARDING/EXERCISING OPTION LINE ITEMS
(a) In accordance with FAR 52.217-9 the Government may unilaterally exercise its option for any CLIN(s) or
Task(s) designated as an option in Section B, to include selecting the Task level for items with optional levels of support (stepladders). Such option may be exercised at any time by issuing a modification not later than the last day of the then current performance period. Any option for instruction, with the exception of CLIN XXXX, may be exercised subject to the Availability of Funds Clause in Section I. CLIN XXXX will be fully funded at contract award.
(b) Prices set forth in Section B for the options exercised will be the fixed prices that are established from the
Breakout Worksheet, Attachment 2, with the corresponding task that is exercised for that option period.
(c) The Government has no obligation to exercise an option under this contract. Thus, in the event the contractor has invested money into trainer development and production, there is no assurance that the contractor will recoup its investment under this contract.
H.2 CHANGES TO STEPLADDERS
(a) During each performance period the Government may unilaterally change the task level to a different pre-priced task level, if a 60 calendar day written advance notice is provided to the contractor.
H.3 SERVICE CONTRACT LABOR STANDARDS- PRICE ADJUSTMENTS
(a) As referenced in Section I, FAR Clauses 52.222-41 Service Contract Labor Standards, and 52.222-43, Fair
Labor Standards Act and Service Contract Labor Standards – Price Adjustment, apply to this contract. Applicable
Area Wage Determinations and Collective Bargaining Agreements are found at Attachment 7 to this Contract.
Information contained in applicable “DOL Wage Determination Adjustment Baseline” of the contract will also be considered in determining the amount of the adjustment to be paid.
(b) For SCA price adjustments paid under FAR 52.222-43, this contract will utilize the "One-Time-Look back" method. This method employs setting a provisional billing rate for the first 7 months of each fiscal year (FY) based on the contractor's initial SCA price adjustment request for each applicable FY, then sets the last 5 months of the FY
(referred to as the "Settlement Period") based on actual hours submitted by the contractor for the first 7 months. The contractor shall submit the payroll records of actual hours worked during the provisional 7 months by the 15th day of the 8th month of the then-current fiscal year (15 May). The Government will use this date to forecast the remaining 5 months, plus make any corrections for over or under payment during the provisional period. The corrections will be factored into the settlement period unit prices to be established in future modification. The contractor shall determine and submit any proposed DOL price adjustments using the Price Adjustment Calculation
Tool (PACT) located at www.wdol.gov.
H.4 NOTICE OF EXISTING COLLECTIVE BARGAINING AGREEMENTS (CBAS)
(a) Reference is made to the Service Contract Act (SCA), 41 U.S.C. §§ 351-358, and Title 29 Code of Federal
Regulations, Part 4, “Labor Standards for Federal Service Contracts.”
(b) The Act provides that a successor Contractor must pay wages and fringe benefits (including accrued wages and benefits and prospective increases) to service employees at least equal to those agreed upon by a predecessor contractor under a Collective Bargaining Agreement (CBA). The obligation applies independently to the base period and each subsequent option. See Attachment 7 for the current Area Wage Determinations and/or Collective
Bargaining Agreement’s (CBAs).
H.5 ADDITIONAL INSTRUCTION
http://www.wdol.gov/
(a) Additional Instruction is that time required by the Government to accomplish a training requirement, other than makeup training, as outlined in the PWS. Reimbursement to the Contractor for Additional Instruction will be made at the hourly rate specified in Section B of the contract.
(b) The COR will inform the Contractor, in accordance with the PWS, when the Government requires the
Contractor to perform Additional Instruction. THE COR WILL NOT, UNDER ANY CIRCUMSTANCES, AUTHORIZE OR HAVE THE AUTHORITY TO AUTHORIZE THE CONTRACTOR TO PERFORM
ADDITIONAL INSTRUCTION IF SUFFICIENT FUNDS HAVE NOT BEEN OBLIGATED ON THE
CONTRACT.
(i) The COR will specify a not-to-exceed (NTE) limit on the number of hours of Additional Instruction the
Contractor may perform. For example, a line item specifying 8 Hours Per Day (HPD) of Instruction would be limited to 6 hours of additional instruction Hours Per Week (HPW) per the following computation: 8 HPD x 5 days
= 40HPW x 15% = 6 additional hours of instruction.
(ii) Additional Instruction in excess of 15% per week per line item, unless superseded by the contract, must have the Contractor's concurrence.
(iii) Each time the COR specifies a NTE, the COR will establish a sequence number for that effort on the attached Additional Instruction Hours Log, Attachment 5. At the same time, the COR will ensure that the attached
CI Additional Instruction Time Request/Authorization/Completed Services Form, Attachment 6, is completed to show: (1) which Government representative, other than the COR, established the requirement for which Additional
Instruction was necessary (e.g., Training Officer); (2) the purpose of the Additional Instruction effort; (3) when the effort was to occur; and (4) the number of hours required (this must equal the number of NTE hours which the COR authorized the Contractor to expend).
(iv) The COR will transfer the information provided on the CI Additional Instruction Time
Request/Authorization/Completed Services Form onto the Additional Instruction Hours Log. Completing the
Additional Instruction Hours Log will help ensure that the COR does not authorize more hours than there are funds available.
(c) Upon completion of the Additional Instruction, the Contractor shall complete the bottom portion of the CI
Additional Instruction Time Request/Authorization/Completed Services Form and submit the form to the COR within one working day. When the COR receives the Actual Additional Instruction Report, the COR will complete the actual missions, actual dollars and final remaining balance portions of the Additional Instruction Hours Log for each sequence number.
(d) No more than once a month, the Contractor may submit a DD Form 250 to the COR for acceptance of
Additional Instruction services performed. The DD Form 250 shall specify the total actual number of Additional
Instruction hours performed and when the hours were performed. If the COR concurs that the Contractor performed the number of instruction hours specified on the DD Form 250, the COR will sign the DD Form 250 and keep a copy in the COR files. The COR will return the original DD Form 250 to the Contractor for distribution and payment. If the COR does not concur, the COR will return the DD Form 250 to the Contractor for resubmission.
(e) The PCO may at any time unilaterally obligate or de-obligate funds placed against the Additional Instruction line items by issuing a modification. Additionally, if the type of funds used for Additional Instruction requires that new line items be established, the PCO may unilaterally issue a modification. The PCO will telephonically notify the COR when urgent obligations or de-obligations are to be
5252.204-9505 SYSTEM AUTHORIZATION ACCESS REQUEST NAVY (SAAR-N) REQUIREMENTS
FOR INFORMATION TECHNOLOGY(IT) (NAVAIR)(NOV 2017)
(a) Contractor personnel assigned to perform work under this contract may require access to Navy Information
Technology (IT) resources (e.g., computers, laptops, personal electronic devices/personal digital assistants
(PEDs/PDAs), NMCI, RDT&E networks, websites such as MyNAVAIR, and Navy Web servers requiring Common
Access Card (CAC) Public Key Infrastructure (PKI)). Contractor personnel (prime, subcontractor, consultants, and temporary employees) requiring access to Navy IT resources (including those personnel who previously signed
SAAR DD Form 2875) shall submit a completed System Authorization Access Request Navy (SAAR-N), OPNAV
5239/14 (Jul 2008) form or latest version thereof, and have initiated the requisite background investigation (or provide proof of a current background investigation) prior to accessing any Navy IT resources. The form and instructions for processing the SAAR-N form are available at:
https://navalforms.documentservices.dla.mil/formsDir/_OPNAV_5239_14_7631.pdf. Instruction Note: SAAR-N forms are required to be downloaded and then completed. The "E-MAIL SUBMIT" button on the SAAR-N form is not to be used.
(b) SAAR-N forms will be submitted to the Government Sponsor or Technical Point of Contact (TPOC) via the contractor's Facility Security Officer (FSO). The designated SAAR-N Government Sponsor or TPCO for contractor employees requiring IT access, [fill-in name] shall be responsible for signing and processing the SAAR-N forms.
For those contractors that do not have a FSO, SAAR-N forms shall be submitted directly to the designated SAAR-N
Government Sponsor or TPOC. Copies of the approved SAAR-N forms may be obtained through the designated
SAAR-N Government Sponsor or TPOC. Requests for access should be routed through the
NAVAIR_SAAR.fct@navy.mil mailbox.
(c) In order to maintain access to Navy IT resources, the contractor shall ensure completion of initial and annual
IA training, monitor expiration of requisite background investigations, and initiate re-investigations as required. If requested, the contractor shall provide to the designated SAAR-N Government Sponsor or TPOC documentation sufficient to prove that it is monitoring/tracking the SAAR-N requirements for its employees who are accessing
Navy IT resources. For those contractor personnel not in compliance with the requirements of this clause, access to
Navy IT resources will be denied/revoked.
(d) The SAAR-N form remains valid throughout contractual performance, inclusive of performance extensions and option exercises where the contract number does not change. Contractor personnel are required to submit a new
SAAR-N form only when they begin work on a new or different contract.
5252.211- 9510 CONTRACTOR EMPLOYEES (NAVAIR)(MAY 2011)
(a) In all situations where contractor personnel status is not obvious, all contractor personnel are required to identify themselves to avoid creating an impression to the public, agency officials, or Congress that such contractor personnel are Government officials. This can occur during meeting attendance, through written (letter or email) correspondence or verbal discussions (in person or telephonic), when making presentations, or in other situations where their contractor status is not obvious to third parties. This list is not exhaustive. Therefore, the contractor employee(s) shall:
(1) Not by word or deed give the impression or appearance of being a Government employee;
(2) Wear appropriate badges visible above the waist that identify them as contractor employees when in
Government spaces, at a Government-sponsored event, or an event outside normal work spaces in support of the contract/order;
(3) Clearly identify themselves as contractor employees in telephone conversations and in all formal and informal written and electronic correspondence. Identification shall include the name of the company for whom they work;
(4) Identify themselves by name, their company name, if they are a subcontractor the name of the prime contractor their company is supporting, as well as the Government office they are supporting when participating in meetings, conferences, and other interactions in which all parties are not in daily contact with the individual contractor employee; and
(5) Be able to provide, when asked, the full number of the contract/order under which they are performing, and the name of the Contracting Officer’s Representative.
(b) If wearing a badge is a risk to safety and/or security, then an alternative means of identification maybe utilized if endorsed by the Contracting Officer’s Representative and approved by the Contracting Officer.
(c) The Contracting Officer will make final determination of compliance with regulations with regard to proper identification of contractor employees.
Section I - Contract Clauses
52.202-1 Definitions NOV 2013
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees MAY 2014
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2018
52.204-13 System for Award Management Maintenance OCT 2018
52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other
Covered Entities.
JUL 2018
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.210-1 Market Research APR 2011
52.211-15 Defense Priority And Allocation Requirements APR 2008
52.215-2 Audit and Records--Negotiation OCT 2010
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--
Modifications
AUG 2011
52.215-13 (Dev) Subcontractor Certified Cost or Pricing Data - Modifications
(Deviation 2018-O0015)
JUL 2018
52.215-15 Pension Adjustments and Asset Reversions OCT 2010
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions
JUL 2005
52.215-19 Notification of Ownership Changes OCT 1997
52.215-21 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data -- Modifications
OCT 2010
52.216-19 Order Limitations OCT 1995
52.219-4 (Dev) Notice of Price Evaluation Preference for HUBZone Small
Business Concerns (DEVIATION 2019-O0003).
JAN 2019
52.219-8 Utilization of Small Business Concerns OCT 2018
52.219-9 Alt II
(Dev)
Small Business Subcontracting Plan (Deviation 2018-O0018)
- Alternate II
AUG 2018
52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999
52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013
52.222-1 Notice To The Government Of Labor Disputes FEB 1997
52.222-3 Convict Labor JUN 2003
52.222-4 Contract Work Hours and Safety Standards - Overtime
Compensation
MAY 2018
52.222-17 Nondisplacement of Qualified Workers MAY 2014
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-26 Equal Opportunity SEP 2016
52.222-35 Equal Opportunity for Veterans OCT 2015
52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014
52.222-37 Employment Reports on Veterans FEB 2016
52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-41 Service Contract Labor Standards AUG 2018
52.222-43 Fair Labor Standards Act And Service Contract Labor
Standards - Price Adjustment (Multiple Year And Option
Contracts)
AUG 2018
52.222-50 Combating Trafficking in Persons JAN 2019
52.222-54 Employment Eligibility Verification OCT 2015
52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-6 Drug-Free Workplace MAY 2001
52.223-10 Waste Reduction Program MAY 2011
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.227-1 Authorization and Consent DEC 2007
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.229-3 Federal, State And Local Taxes FEB 2013
52.232-1 Payments APR 1984
52.232-8 Discounts For Prompt Payment FEB 2002
52.232-9 Limitation On Withholding Of Payments APR 1984
52.232-11 Extras APR 1984
52.232-18 Availability Of Funds APR 1984
52.232-23 Assignment Of Claims MAY 2014
52.232-25 Prompt Payment JAN 2017
52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.237-3 Continuity Of Services JAN 1991
52.239-1 Privacy or Security Safeguards AUG 1996
52.242-13 Bankruptcy JUL 1995
52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984
52.244-6 Subcontracts for Commercial Items JAN 2019
52.246-25 Limitation Of Liability--Services FEB 1997
52.248-1 Value Engineering OCT 2010
52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-8 Default (Fixed-Price Supply & Service) APR 1984
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-
Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.203-7003 Agency Office of the Inspector General DEC 2012
252.203-7004 Display of Hotline Posters OCT 2016
252.204-7000 Disclosure Of Information OCT 2016
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of
Terrorism
OCT 2015
252.216-7006 Ordering MAY 2011
252.219-7003 Alt I Small Business Subcontracting Plan (DoD Contracts)(DEC
2018) Alternate I
DEC 2018
252.223-7004 Drug Free Work Force SEP 1988
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.225-7004 Report of Intended Performance Outside the United States and Canada--Submission after Award
OCT 2015
252.225-7012 Preference For Certain Domestic Commodities DEC 2017
252.225-7048 Export-Controlled Items JUN 2013
252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business
Concerns
SEP 2004
252.227-7000 Non-estoppel OCT 1966
252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014
252.227-7030 Technical Data--Withholding Of Payment MAR 2000
252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016
252.232-7010 Levies on Contract Payments DEC 2006
252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.242-7004 Material Management And Accounting System MAY 2011
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 2012
252.244-7000 Subcontracts for Commercial Items JUN 2013
252.246-7004 Safety of Facilities, Infrastructure, and Equipment for
Military Operations
OCT 2010
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)
(a) Definitions. As used in this clause--
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on
National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems.
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