FINAL RFP N6134023R0068.docx

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Firefighting Training Structures and Props (FTSP) Maintenance and Training Services
Solicitation number
N6134023R0068
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This is a request for proposal for a single-award indefinite delivery/indefinite quantity contract for firefighting training structures and props maintenance and training services. The contractor will provide field and on-call maintenance labor, travel, and materials on a firm-fixed-price and cost-reimbursement basis to operate and maintain training systems and equipment in fully operational condition at multiple Navy and Marine Corps locations for a five-year base period and one 16-month option period. The solicitation establishes contract line items for maintenance labor, travel and materials, and options. The contractor must meet requirements for item unique identification, small business subcontracting limitations, and other standard clauses.

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N6134023R0068

Section B - Supplies or Services and Prices

This is a single award Indefinite Delivery/Indefinite Quantity (ID/IQ) contract with the ordering period as set forth in Section F. The Terms, Conditions, and Requirements herein apply to each Task Order (TO) unless otherwise stated.

Note 1: The total dollar ceiling for the overall contract inclusive of all delivery orders issued under the Firefighter Training Structures and Props (FTSP) ID/IQ is $ [to be inserted by the Government at award from Attachment L-4]. The number listed for “Max Quantity” in Section B for each CLIN does not represent an actual quantity to be ordered during execution. Rather, the “Max Quantity” multiplied by a “Unit Price” of $1.00 for each CLIN will represent the ceiling price of the ID/IQ when all CLINs are summed, inclusive of Options. The “Max Amount” identified in Section B for each CLIN represents an estimate of the contract type that may be executed. However, any amount for each CLIN may be executed as long as the ceiling price of the total ID/IQ contract is not exceeded. The Government reserves the right to reallocate values across the CLINs as necessary, throughout the ordering period, to accommodate Government requirements. Unit quantities and cost and pricing information provided in the basic contract are for administrative purposes only and may be adjusted throughout the life of this FTSP Maintenance Contract unilaterally by the FTSP PCO. Additionally, CLINs in Section B are not reflective of the FAR 52.217-8 Option to Extend Services, and CLINs 0003 and 0004 may be extended up to an additional six months beyond the date currently identified in Section F, if exercised.

Note 2: The ID/IQ is established with the following CLINs/types:

· FIELD/ ON-CALL MAINTENANCE (OCM) LABOR (FIRM-FIXED-PRICE) - Field/OCM Labor CLINs include all labor, management, and documentation requirements for the field maintenance and training services (including Phone/Web-Based Support) to operate and maintain the training systems and equipment in a Fully Operational Condition (FOC) and in accordance with FTSP Performance Work Statement (PWS) 43100-A-0476 On-Call Maintenance and Training Support For Firefighter Training Structures And Props and Appendix COMS-01 through COMS-05. Labor CLINs are FFP, fully burdened, composite rates and shall include any escalation across each year of the ID/IQ. As such, these CLINs are not subject to any Service Contract Act Wage Adjustment. Each TO will include Estimated Hours for that year, and the hours may be adjusted upward or downward as required during the course of that TO in accordance with CLAUSE G.1.

· TRAVEL AND MATERIALS (COST NO FEE) - Travel and Materials may be executed as combined or separated CLINs on subsequent TOs. For administrative purposes these CLINs are combined on the basic contract.

TOs may have additional CLINs due to Government accounting procedures; or TO specific requirements which fit within the general scope of the FTSP PWS, which may include but are not limited to:

· Technical Data

· Provisioned Item Orders (PIOs)

· Over and Above Work Requests (OAWRs), e.g. Depot Level Maintenance

· Travel and Similar Reimbursable Expenses

Note 3: Travel and Material CLINs shall be executed on a COST basis, with no profit allowed on travel or material expenses. Travel will be executed in accordance with NAVAIR Clause 5252.232-9509 and Attachment 4 Travel Services Authorization Form.

Note 4: The following table identifies the established composite hourly rates for FIELD/ ON-CALL MAINTENANCE (OCM) LABOR over the life of the ID/IQ, during the respective periods. At the TO level, the number of hours established can be increased, or decreased, at the initiation of the TO, or through modification during the course of performance. Note: The Government identified hours in Attachment L-4 were used for estimating the ceiling, and are not a guarantee of actual hours established at the TO. This potential variance does not entitle the contractor to additional compensation. Additionally, as previously stated, these composite, escalated rates are not subject to FAR 52.222-43 Wage Adjustments.

Field/OCM Labor

Period
Rate

1 Dec 2023 - 30 Nov 2024

1 Dec 2024 - 30 Nov 2025

1 Dec 2025 - 30 Nov 2026

1 Dec 2026 - 30 Nov 2027

1 Dec 2027 - 30 Nov 2028

1 Dec 2028 - 30 Nov 2029

1 Dec 2029 - 31 Mar 2030

1 Apr 2030 - 30 Sep 2030 (FAR 52.217-8)

The Government will populate the below table at contract award using the composite Labor rates provided by the successful Offeror in Attachment L-4.

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
8,000,000
Hours

FIELD/ ON-CALL MAINTENANCE (OCM) LABOR

FFP

Services provided IAW PWS FOB: Destination J069

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
7,000,000
Lot

TRAVEL AND MATERIALS

COST

ESTIMATED COST

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
2,000,000
Hours
OPTION
FIELD/ ON-CALL MAINTENANCE (OCM) LABOR

FFP

Services provided IAW PWS

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
7,000,000
Lot
OPTION
TRAVEL AND MATERIALS

COST

ESTIMATED COST

Section C - Descriptions and Specifications

DESCRIPTIONS AND SPECIFICATION

C.1 PWS/TECHNICAL DATA

The specific requirement of this Single-award ID/IQ is identified in Section J, Attachment 1 Performance Work Statement 43100-A-0476.

Technical Data and Information requirements (DD Forms 1423) of this TO are identified in Section J, Exhibit A.

Section D - Packaging and Marking

CLAUSES INCORPORATED BY FULL TEXT

5252.223-9502HAZARDOUS MATERIAL (NAVAIR) (APR 2009)
(a) Packaging, Packing, Marking, Labeling and Certification of Hazardous materials for shipment by any mode or combination of transportation modes shall be prepared (properly classed, described, packaged, marked, labeled, transport vehicle placarded, etc.) for shipment in accordance with MIL-STD-129 and Title 49 Code of Federal Regulations (CFR), Part 100-199 as applicable. In the event of any contradictions between the documents, 49 CFR shall govern or the applicable modal transport regulation.
(b) In the event of a conflict between specific requirements in the contract or order and existing applicable modal transport regulations, the regulations shall take precedence. Under no circumstances shall the contractor knowingly use materials, markings or procedures that are not in accordance with laws and regulations applicable to the mode of transportation employed.
(c) To ascertain which Department of Defense, or local installation regulations, concerning hazardous materials may have impact on this contract, the contractor should contact: Environmental Director [varies by site, COR will help coordinate POC].

5252.247-9508 PROHIBITION AND LIMITATIONS FOR PACKAGING MATERIALS

(NAVAIR) (AUG 2019)

The use of loose fill materials, asbestos, excelsior, newspaper and shredded paper (all types) are prohibited. In addition, all Wood Packaging Materials (WPM) shall be heat treated or chemically treated in accordance with the requirements of the International Standards for Phytosanitary Measures (ISPM) 15:2009, "Regulation of Wood Packaging Material in International Trade."

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
Destination
Government
Destination
Government
0002
Destination
Government
Destination
Government
0003
Destination
Government
Destination
Government
0004
Destination
Government
Destination
Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4
Inspection Of Services--Fixed Price
AUG 1996
5252.246-9514
INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION
FEB 1995
5252.246-9512INSPECTION AND ACCEPTANCE (NAVAIR)(OCT 2005)
(a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by

The COR for inspection and the Task Order Manager (TOM) for acceptance.

(b) Acceptance of all Contract Line Items/Sub Line Items (CLINs/SLINs) shall be made by signature of the accepting authority on a DD 250 submitted through the WAWF system. Acceptance will only occur when the accepting authority is sure that inspections performed demonstrate compliance with contract requirements.

Section F - Deliveries or Performance

F.1 ORDERING PERIOD

The Indefinite Delivery/ Indefinite Quantity contract includes a base ordering period of five years, and one 16-month option, for a total of 76 months. This is exclusive of the FAR 52.217-8 option to Extend Services clause, which would allow for up to an additional six months of services at the established price. As the awarded contract will utilize O&M,N funding, each year will be issued as a new task order, with no more than 12 months of performance paid for by any given Fiscal Year’s issue of funding. Orders may be issued up to the last day of the ordering period; however, performance must be complete by 31 March 2030, unless the FAR 52.217-8 is utilized resulting in performance complete no later than 30 September 2030.

The ID/IQ remains in effect (e.g. terms & conditions) after the ordering period expires for any orders that were placed prior to the ordering period expiring, inclusive of the Government’s right to exercise any options that may exist on task orders.

BASE PERIOD CLIN 0001 and 0002 The ordering period shall be from date of contract award through 5 years. Task Orders will usually be issued on an annual basis for each year of performance, but may extend beyond the ordering period for this CLIN.

OPTION CLINS 0003 and 0004 If exercised by the Government, the ordering period may be extended by one year, four months. Task Orders will usually be issued on an annual basis for each year of performance, but may extend beyond the ordering period for this CLIN.

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
POP 01-DEC-2023 TO

30-NOV-2028

N/A
N/A
0002
POP 01-DEC-2023 TO

30-NOV-2028

N/A
N/A
0003
POP 01-DEC-2028 TO

31-MAR-2030

N/A
N/A
0004
POP 01-DEC-2028 TO

31-MAR-2030

N/A
N/A
52.242-15
Stop-Work Order
AUG 1989
52.247-34
F.O.B. Destination
NOV 1991
5252.211-9507PERIOD OF PERFORMANCE (NAVAIR) (MAR 1999)
(a) The contract shall commence on 1 December 2023 and shall continue through 30 November 2028. However, the period of performance may be extended in accordance with the option provisions contained herein.
(b) If FAR Clause 52.216-18, “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.
5252.247-9505TECHNICAL 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, Exhibit 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 GT22000 Reagan Gill, C/O Lisette Behmke Contract Specialist
(2) ACO, Code N/A
(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 Attachment 2 CDRL Addressee List

Section G - Contract Administration Data

G.1 FIELD/ ON-CALL MAINTENANCE (OCM) LABOR (JULY 2023)

a. On-Call Maintenance Services are those services required by the Government to accomplish a Support services performed by the Contractor on equipment on an as-needed basis upon notification/approval by the Government. Specific to FTSP, Field/OCM Labor CLINs include all labor, management, and documentation requirements for the field maintenance and training services (including Phone/Web-Based Support) to operate and maintain the training systems and equipment in a Fully Operational Condition (FOC) and in accordance with FTSP Performance Work Statement (PWS) 43100-A-0476 On-Call Maintenance and Training Support For Firefighter Training Structures And Props and Appendix COMS-01 through COMS-05. An On-Call Maintenance Services (Field/OCM Labor) hour equates to a work-hour of effort and is a composite rate, which does not reflect the rate of any one labor category; therefore, the rates will not be subject to the adjustment provided for under FAR 52.222-43. Work-hours include ancillary efforts like CDRLs, meeting, and direct oversight, in addition to field or on-call maintenance tasks.

b. Contractor support personnel shall respond to requests for support service actions from the COR or PCO prior to commencing any On-Call support service efforts. Therefore, this program is driven by the fleet needs, prioritization of requirements by the customer, and available funding. Upon notification of need for Phone/Web-Based Support, or Field Maintenance, the Contractor shall respond in the prescribed PWS Paragraph 4.5 response times. The COR will specify a nottoexceed (NTE) limit on the number of hours of Labor the Contractor may perform. If travel is required, the Contractor shall submit a completed Attachment 4, Travel Service Authorization form prior to authorization to travel.

THE COR WILL NOT, UNDER ANY CIRCUMSTANCES, AUTHORIZE OR HAVE THE AUTHORITY TO AUTHORIZE THE CONTRACTOR TO PERFORM LABOR IF SUFFICIENT FUNDS HAVE NOT BEEN OBLIGATED AT THE TASK ORDER LEVEL.

c. Each task order will include Estimated Hours for that year (these are generically identified as the quantity on each CLIN in Section B of the task order. The Unit Price will be reflective of the established rates in Section B, Note 4 of the ID/IQ. The PCO may at any time unilaterally obligate or de-obligate funds placed against the Field/OCM line items by issuing a Task Order modification. Additionally, if the type of funds (e.g. funding sponsor) used for On-Call Maintenance Services requires that new line items be established, the PCO may unilaterally issue a task order modification at the same unit price. The PCO will telephonically notify the COR when urgent obligations or de-obligations are to be made to an On-Call Maintenance Services line item. The Contractor is not entitled to all estimated hours established at the task order level, reimbursement to the Contractor for Field/OCM Labor will be made at the hourly rate specified in Section B of a Task Order (using the) for work-hours incurred in accordance with the PWS.

d. No more than once a month, the Contractor may submit a DD Form 250 to the COR for acceptance of Field/OCM services performed. The DD Form 250 shall specify the total actual number of hours performed and when the hours were performed. If the COR concurs that the Contractor performed the number of 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.

G.2: SERVICE CONTRACT LABOR STANDARDS (SCLS) PRICE ADJUSTMENTS (JULY 2023)

FAR Clauses 52.222-41 (Service Contract Labor Standards) and FAR 52.222-43 applies to this ID/IQ and subsequent task orders. However, Labor Rates established in Section B are escalated composite rates and include wages, benefits, and accompanying costs under FAR 52.222-43 and therefore, the contractor is not entitled to any adjustment as the result of subsequently added DOL Wage Determinations.

252.204-7006
Billing Instructions--Cost Vouchers
MAY 2023
Applicable CLINs: 0002, 0004

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(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):

(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. COMBO

(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. Invoice 2in1

(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 financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(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
TBD
Issue By DoDAAC
N61340
Admin DoDAAC**
N61340
Inspect By DoDAAC
See Schedule
Ship To Code
Not Applicable
Ship From Code
Not Applicable
Mark For Code
Not Applicable
Service Approver (DoDAAC)
FFP N61340

Cost TBD

Service Acceptor (DoDAAC)
N61340
Accept at Other DoDAAC
Not Applicable
LPO DoDAAC
Not Applicable
DCAA Auditor DoDAAC
TBD
Other DoDAAC(s)
Not Applicable

(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.

Name
Email
Phone Number
Role
Reagan Gill
reagan.m.gill2.civ@us.navy.mil
407-380-4145
View Only
Lisette Behmke
lisette.l.behmke.civ@us.navy.mil
407-380-4445
View Only
Technical Point of Contacts
ronald.c.apedaile.civ@us.navy.mil
407-380-4473
Acceptor
CORs
See Attachment 2
See Attachment 2
View Only

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

5252.242-9511CONTRACT 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: NAWCTSD. Per DCMA this work falls under the DFARS 242.202(a)(i)(G) and has been declined by DCMA as of 4 August 2021.

(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:

DCMA will retain FAR 42.302(a)(5), (a)(9), (a)(11), and (a)(12)

FAR 42.302(a)(38)
COR/ACORs
FAR 42.302(a)(58)
Task Order Manager (TOM)
All Other Functions per declination
PCO
(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.

GTXT.201-9500TECHNICAL POINT OF CONTACT (TPOC)(NAVAIR)(APR 2022)
(a) The Technical Point of Contact (TPOC) for this contract is the Task Order Manager (TOM) as identified in Attachment 2 CDRL Addressee List.
(b) This individual is not a Contracting Officer nor a Contracting Officer's Representative (COR) 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 TPOC 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 PCO in writing if the contractor interprets any action by the TPOC to be a change to the existing contract.

GTXT.201-9501 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR) (NAVAIR)(APR 2022)

(a) The Contracting Officer has designated as identified in Attachment 2 CDRL Addressee List as the authorized Contracting Officer's Representative (COR) to perform the following functions, duties, and/or responsibilities: FAR 42.302(a)(38) Ensure contractor compliance with contractual quality assurance requirements.

(b) The effective period of the COR designation is "the period of performance of this ID/IQ."

GTXT-0001 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 Transportation-Related Services Contracts; and 52.232-6, Payments under Communication Service Contracts with Common Carriers

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.
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

5252.211- 9510CONTRACTOR 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.
5252.216-9512PAPERLESS CONTRACTING (NAVAIR)(JUN 2009)
(a) Orders and requests for proposals are hereby authorized to be issued by facsimile or by electronic commerce (including e-mail and paperless methods of delivery). Nothing in this contract should be read to prohibit these types of orders. In the event of a conflict with any other provision of this contract, this clause shall govern.
(b) To the extent the terms "written", "mailed", or "physically delivered" appear in other provisions of this contract, these terms are hereby defined to explicitly include electronic commerce, email, or paperless delivery methods.
5252.217-9507OVER AND ABOVE WORK REQUESTS (NAVAIR) (OCT 2005)
(a) These procedures apply when the contractor identifies needed repairs that are over and above the requirements of the contract and recommends corrective action during contract performance in accordance with DFARS 252.217-7028, "Over and Above Work".
(b) The contractor shall prepare and submit the applicable Over and Above Work Request (OAWR) Form (Attachment 6) similar to the one attached to this contract to the PCO, via the COR, for authorization to proceed. The contractor shall use the OAWR to describe the over and above work that needs to be performed, including any parts and materials, in such detail as necessary to permit a thorough evaluation. The contractor shall attach competitive subcontractor quotes, or, if such quotes are not available, the contractor shall justify the total cost by specifying direct hours by labor category, as well as the type, quantity and cost of the material needed to perform the repair or replacement. The contractor shall also propose a schedule to complete the needed repair or replacement.
(c) The COR will review the OAWR submitted by the contractor, and then forward the form to the TOM with a recommendation of approval or disapproval, with one copy to the PCO. The COR will annotate the form with the reasons for the recommendation.
(d) The PCO shall take one of the following actions:
(1) Disapprove the OAWR. In this event, the OAWR will be returned to the contractor. A copy will also be provided to the COR.
(2) Authorize the OAWR. In this event, a modification (Standard Form 30) will be issued. Upon issuance of the modification, the contractor shall proceed with the repair or replacement effort.
(e) To the maximum extent practical, a FFP will be negotiated for this effort prior to the start of the work. In the event that the urgency of the effort does not permit the negotiation of an FFP, then the authorizing modification will establish not-to-exceed (NTE) prices. A sub-line item, under the OAWR line item, will be established to fund the effort. The Government is not responsible for any costs incurred by the contractor that exceed the NTE price established by the modification.
(f) Modifications to an OAWR will be effected by Standard Form 30.
(g) If the OAWR is issued on an NTE basis, the contractor shall promptly submit a proposal for the OAWR to the PCO. The PCO is responsible for negotiating a FFP for the OAWR and issuing an appropriate modification which establishes a FFP for that amount. The definitizing modification should include the following information:
(1) Reference to the OAWR and modification number and any later modification, which relates to that OAWR.
(2) The applicable ACRN and fund citation provided in the Accounting and Appropriation Data Block. Any excess funds are to be deobligated.
5252.223-9501MATERIAL SAFETY DATA SHEET (MSDS)(NAVAIR) (APR 2009)
(a) The contractor shall forward an electronic copy of the Material Safety Data Sheet (MSDS) required under FAR Clause 52.223-3, "Hazardous Material Identification and Material Safety Data", to Mar-navyhmirs@med.navy.mil and the Naval Inventory Control Point (NICP) at wraps.prime.fct@navy.mil.
(b) One copy of the MSDS shall be enclosed with the shipping documents. If the shipment is received without an attached copy of the MSDS, the Government has the right to refuse receipt.
5252.228-9501LIABILITY INSURANCE (NAVAIR) (MAR 1999)
The following types of insurance are required in accordance with the clause entitled, FAR 52.228-5, Insurance--Work on a Government Installation, and shall be maintained in the minimum amounts shown:

(a) Comprehensive General Liability: $200,000 per person and $500,000 per accident for bodily injury.

(b) Automobile Insurance: $200,000 per person and $500,000 per accident for bodily injury and $500,000per accident for property damage.
(c) Standard Workman's Compensation and Employer's Liability Insurance (or, where maritime employment is involved, Longshoremen's and Harbor Worker's Compensation Insurance) in the minimum amount of $100,000.
(d) Aircraft public and passenger liability: $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability; $200,000 per occurrence for property damage. Passenger bodily injury liability limits of $200,000 per passenger, multiplied by the number of seats or number of passengers, whichever is greater.
5252.232-9509TRAVEL APPROVAL AND REIMBURSEMENT PROCEDURES (NAVAIR)(OCT 2013)
(a) General. Performance under this contract may require travel by Contractor personnel. If travel, domestic or overseas, is required, the Contractor is responsible for making all necessary arrangements for its personnel. These include but are not limited to: medical examinations, immunizations, passports/visas/etc., and security clearances.
(b) Travel Approval Process. Prior approval is required for all travel under this contract via Attachment 4 Travel Services Authorization Form. Travel shall be reviewed and approved/disapproved as follows:
(1) The Contractor shall provide the Contracting Officer's Representative (COR) a written request for authorization to travel at least 30 days in advance of the required travel date, when possible. The request should include: purpose of travel, location, travel dates, number of individuals traveling, and all estimated costs associated with the travel (e.g., lodging, meals, transportation costs, incidental expenses, etc.) as identified in the Attachment.
(2) The COR will review and certify the form, and provide to the Task Order Manager (TOM). The TOM (or PCO in cases where Business or First Class travel is required) will review the travel request and provide, in writing, an approval or disapproval of the travel request to the Contractor and the COR. Under no circumstances is the contractor to upgrade their airline tickets, from coach to any other class, without approval from the PCO prior to booking ticket or traveling.
(c) Travel Policy.
(1) Travel arrangements shall be planned in accordance with the Federal Travel regulations, prescribed by the General Services Administration for travel in the conterminous 48 United States, (hereinafter the FTR) and the Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense (hereinafter the JTR). The most current GSA (CONUS) and DTMO (OCONUS) per diem values shall be referenced, as a basis for hotel and meal/incidental cost comparison.
(2) The Government will reimburse the Contractor for allowable travel costs incurred by the Contractor in performance of the contract in accordance with FAR Subpart 31.2.
(3) For purposes of reimbursement of travel expenses, the Contractor's official station is defined as within 50 miles of the Contractor's regular work site. (If Contractor has more than one regular work site, the official station is defined as within 50 miles of each of its regular work sites.)
(4) The Contractors documentation for the reimbursement of travel costs (e.g., receipts) shall be governed as set forth in FAR Subpart 31.2, the FTR, and the JTR.
(5) Rental Car shall be appropriately sized for number of travelers and mission. Car Rental for a team on temporary duty (TDY) at one site will be allowed provided that only one car is rented for every four (4) members of the TDY team. In the event that less than four (4) persons comprise the TDY team, car rental will be allowed if necessary to complete the mission required. For single travelers, a compact rental vehicle is generally sufficient.
(6) Whenever work assignments require TDY aboard a Government ship, the Contractor will be reimbursed at the per diem identified in the JTR.

Note: The “14-hour rule” refers to GSA 301-10.125 a. You may use the 14-hour rule to travel via upper class when: 1. The origin and/or destination are OCONUS; and 2. The scheduled flight time, including non-overnight stopovers and change of planes is more than 14 hours; and you are required to report to duty the following day after arrival.

5252.232-9516ALLOTMENT OF FUNDS - INCREMENTALLY FUNDED COST-REIMBURSEMENT CONTRACT OTHER THAN COST-SHARING CONTRACT (JUL 1985)
For the purposes of paragraph (b) of the "Limitation of Funds" clause of this contract-
(a) the amount available for payment and allotted to this incrementally funded contract is to be determined;
(b) the items covered by such amount are Item(s) to be determined; and
(c) the period of performance for which it is estimated the allotted amount will cover is to be determined.

This clause will be incorporated and completed at the task order level.

Applicable CLINs: 0002, 0004 Section I - Contract Clauses

52.202-1
Definitions
JUN 2020
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
JUN 2020
52.203-7
Anti-Kickback Procedures
JUN 2020
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
JUN 2020
52.203-13
Contractor Code of Business Ethics and Conduct
NOV 2021
52.203-17
Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
JUN 2020
52.203-19
Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
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
JUN 2020
52.204-13
System for Award Management Maintenance
OCT 2018
52.204-19
Incorporation by Reference of Representations and Certifications.
DEC 2014
52.204-23
Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities
NOV 2021
52.204-25
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-27
Prohibition on a ByteDance Covered Application
JUN 2023
52.209-6
Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-10
Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.210-1
Market Research
NOV 2021
52.215-2
Audit and Records--Negotiation
JUN 2020
52.215-8
Order of Precedence--Uniform Contract Format
OCT 1997
52.215-21
Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications
NOV 2021
52.215-23
Limitations on Pass-Through Charges
JUN 2020
52.216-8
Fixed Fee
JUN 2011
52.216-11
Cost Contract--No Fee
APR 1984
Applicable CLINs: 0002, 0004
52.219-6
Notice Of Total Small Business Set-Aside
NOV 2020
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
52.222-21
Prohibition Of Segregated Facilities
APR 2015
52.222-26
Equal Opportunity
SEP 2016
52.222-29
Notification Of Visa Denial
APR 2015
52.222-35
Equal Opportunity for Veterans
JUN 2020
52.222-36
Equal Opportunity for Workers with Disabilities
JUN 2020
52.222-37
Employment Reports on Veterans
JUN 2020
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
NOV 2021
52.222-54
Employment Eligibility Verification
MAY 2022
52.222-55
Minimum Wages for Contractor Workers Under Executive Order 14026
JAN 2022
52.222-62
Paid Sick Leave Under Executive Order 13706
JAN 2022
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
52.223-11
Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.
JUN 2016
52.223-18
Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.223-20
Aerosols
JUN 2016
52.225-13
Restrictions on Certain Foreign Purchases
FEB 2021
52.227-1
Authorization and Consent
JUN 2020
52.227-2
Notice And Assistance Regarding Patent And Copyright Infringement
JUN 2020
52.228-5
Insurance - Work On A Government Installation
JAN 1997
52.232-1
Payments
APR 1984
52.232-8
Discounts For Prompt Payment
FEB 2002
52.232-11
Extras
APR 1984
52.232-17
Interest
MAY 2014
52.232-18
Availability Of Funds
APR 1984
52.232-20
Limitation Of Cost
APR 1984
Applicable CLINs: 0002, 0004
52.232-22
Limitation Of Funds
APR 1984
Applicable CLINs: 0002, 0004
52.232-23 Alt I
Assignment of Claims (May 2014) - Alternate I
APR 1984
Applicable CLINs: 0002, 0004
52.232-25
Prompt Payment
JAN 2017
Applicable CLINs: 0001, 0003
52.232-25 Alt I
Prompt Payment (Jan 2017) Alternate I
FEB 2002
Applicable CLINs: 0002, 0004
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
MAR 2023
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
52.242-1
Notice of Intent to Disallow Costs
APR 1984
Applicable CLINs: 0002, 0004
52.242-3
Penalties for Unallowable Costs
DEC 2022
Applicable CLINs: 0002, 0004
52.242-4
Certification of Final Indirect Costs
JAN 1997
Applicable CLINs: 0002, 0004
52.242-13
Bankruptcy
JUL 1995
52.243-1 Alt I
Changes--Fixed Price (Aug 1987) - Alternate I
APR 1984
Applicable CLINs: 0001, 0003
52.244-6
Subcontracts for Commercial Products and Commercial Services
JUN 2023
52.245-1
Government Property
SEP 2021
52.246-25
Limitation Of Liability--Services
FEB 1997
52.247-63
Preference For U.S. Flag Air Carriers
JUN 2003
52.249-2
Termination For Convenience Of The Government (Fixed-Price)
APR 2012
Applicable CLINs: 0001, 0003
52.249-4
Termination For Convenience Of The Government (Services) (Short Form)
APR 1984
Applicable CLINs: 0001, 0003
52.249-8
Default (Fixed-Price Supply & Service)
APR 1984
Applicable CLINs: 0001, 0003
52.249-14
Excusable Delays
APR 1984
52.253-1
Computer Generated Forms
JAN 1991
252.201-7000
Contracting Officer's Representative
DEC 1991
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
JAN 2023
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
DEC 2022
252.203-7004
Display of Hotline Posters
JAN 2023
252.204-7000
Disclosure Of Information
OCT 2016
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7004
Antiterrorism Awareness Training for Contractors
JAN 2023
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting
JAN 2023
252.204-7018
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7020
NIST SP 800-171 DoD Assessment Requirements
JAN 2023
252.204-7023
Reporting Requirements for Contracted Services.
JUL 2021
252.209-7004
Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.211-7007
Reporting of Government-Furnished Property
MAR 2022
252.217-7028
Over And Above Work
DEC 1991
252.222-7002
Compliance With Local Labor Laws (Overseas)
JUN 1997
252.222-7006
Restrictions on the Use of Mandatory Arbitration Agreements
JAN 2023
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
252.223-7008
Prohibition of Hexavalent Chromium
JAN 2023
252.225-7012
Preference For Certain Domestic Commodities
APR 2022
252.225-7048
Export-Controlled Items
JUN 2013
252.225-7056
Prohibition Regarding Business Operations with the Maduro Regime
JAN 2023
252.225-7058
Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China
JAN 2023
252.225-7975 (Dev)
Additional Access to Contractor and Subcontractor Records (DEVIATION 2020-O0022)
AUG 2020
252.225-7976 (Dev)
Contractor Personnel Performing in Japan. (DEVIATION 2018-O0019)
AUG 2018
252.226-7001
Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
JAN 2023
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010
Levies on Contract Payments
DEC 2006
252.233-7001
Choice of Law (Overseas)
JUN 1997
252.237-7010
Prohibition on Interrogation of Detainees by Contractor Personnel
JAN 2023
252.242-7006
Accounting System Administration
FEB 2012
252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.244-7000
Subcontracts for Commercial Products or Commercial Services
JAN 2023
252.245-7002 (Dev)
Reporting Loss of Government Property (DEVIATION 2020-O0004)
JAN 2021
252.245-7003
Contractor Property Management System Administration
APR 2012
252.245-7004 (Dev)
Reporting, Reutilization, and Disposal (DEVIATION 2022-O0006)
NOV 2021
252.246-7003
Notification of Potential Safety Issues
JAN 2023

52.216-18 ORDERING. (AUG 2020)

(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 Schedule. Such orders may be issued from 1 December 2023 through 31 March 2030.

(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) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.216-19ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100, 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 $4,000,000;
(2) Any order for a combination of items in excess of $4,000,000; 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.

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