N68335-23-R-0012 22 Nov 2022.docx
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- Solicitation number
- N68335-23-R-0012
About this file
This request for proposal (RFP) solicits bids to manufacture and deliver two Defect Measurement Video Borescopes (model XLGOB6120M-N) for the P-8A Poseidon aircraft program of the Naval Air Systems Command (NAVAIR). The RFP is a brand name limited competition between Waygate Technologies and their authorized distributors. Bids are due by the date specified in the RFP. One line item is for two borescopes for the U.S. Navy, while the second is an option for two additional borescopes under a potential foreign military sales case to Germany. The RFP includes standard contract clauses on packaging, shipping, and item unique identification requirements.
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N6833523R0012
Section A - Solicitation/Contract Form
POINTS OF CONTRACT
This is a brand name limited competition between Waygate and their authorized distributors.
Contract Specialist:
Michael Miller Email Address: Michael.T.Miller248.civ@us.navy.mil
ELECTRONICALLY SUBMIT ALL INVOICES THROUGH WIDE AREA WORKFLOW (WAWF). SEE SECTION G FOR MORE INFORMATION.
EARLY DELIVERY IS ACCEPTABLE AT NO ADDITIONAL COST TO THE GOVERNMENT.
The full text of the reference FAR clauses may be accessed electronically at https://farsite.hill.af.mil
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 2 |
| Each |
Video Borescope - USN
FFP
Contractor shall manufacture and deliver the Defect Measurement Video Borescope, P/N XLGOB6120M-N / NSN 6650-01-583-8302, in accordance with (IAW) the SOW and the requirements of the contract.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
MFR PART NR: XLGOB6120M-N
PSC CD: 6650
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 2 |
| Each |
| OPTION |
| Video Borescope - FMS Germany |
FFP
Option may be exercised from date of contract award through 365 days after contract award.
Contractor shall manufacture and deliver the Defect Measurement Video Borescope, P/N XLGOB6120M-N / NSN 6650-01-583-8302, in accordance with (IAW) the SOW and the requirements of the contract.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Origin (Shipping Point)
MFR PART NR: XLGOB6120M-N
PSC CD: 6650
NET AMT
CLAUSES INCORPORATED BY FULL TEXT
| 5252.204-9501 | NATIONAL STOCK NUMBERS (NAVAIR)(MAR 2007) |
| (a) This clause applies to supplies that are stock numbered under Federal Catalog System procedures. | |
| (b) Unless otherwise authorized by the Contracting Officer, in writing, the Contractor shall not deliver any supplies until the supplies have been marked with a National Stock Number. All available National Stock Numbers will be furnished by the Government. If National Stock Numbers are not furnished by the Government in time to meet the delivery schedule for the supplies, the Contractor may present the supplies that are scheduled for delivery to the Contracting Officer for acceptance. The Contracting Officer may accept such supplies without National Stock Numbers and the Government will pay the Contractor, provided that title to the supplies is vested in the Government. | |
| (c) The term "Federal Stock Number" (FSN), which may be referred to in the specifications of this contract or elsewhere in this contract, shall mean "National Stock Number" (NSN), and the term "Federal Item Identification Number", wherever it appears, shall mean "National Item Identification Number". |
(As used in the foregoing clause, the term "Contracting Officer" shall mean the "Administrative Contracting Officer" (ACO) with respect to provisioned items and other supplies ordered by the ACO.)
Section C - Descriptions and Specifications
STATEMENT OF WORK
DEFECT MEASUREMENT VIDEO BORESCOPE - February 2022
1. SCOPE
This Statement of Work (SOW) addresses the requirements and tasks associated with the production and delivery of the Defect Measurement Video Borescope, PN: XLGOB6120M-N for the P-8A Poseidon Aircraft in support of United States Navy (USN) with an Option Year for Foreign Military Sales (FMS) Germany.
2.0 APPLICABLE DOCUMENTS
a) MIL-STD-130N – Identification Marking of U.S. Military Property
b) Drawing #3909AS9999 Rev B, Identification Plate for Support Equipment/UID Markings
c) ASTM D3951-18 - Standard Practice for Commercial Packaging
d) MIL-STD-129R - Military Marking for Shipment and Storage
e) MIL-STD-1366E - Transportability Criteria
3.0 REQUIREMENTS
3.1 General
The Contractor shall manufacture and deliver the Defect Measurement Video Borescope, part number XLGOB6120M-N, in accordance with (IAW) this SOW and the requirements of the contract.
3.2 Quality Assurance
The Contractor shall have in place a production quality assurance (QA) system. This QA system shall be able to ensure that manufactured configuration items are built to print, functional, and reliably made IAW controlling technical drawings, specifications and standards. Each item manufactured as part of this contract shall have passed a Government final inspection prior to DD-250.
3.3 Government Inspection and Acceptance
See Section for E for Specific Information
3.4 Item Unique Identification (IUID) Marking of US Military Property In accordance with DFARS Clause 252.211-7003 Item Identification and valuation, the Contractor is required to mark and register all end items and their components meeting the requirements called out in MIL-STD-130N. These include components for which the Governments unit acquisition cost is $5,000 or greater, or any component, subassembly or embedded part that is serially managed, mission essential or a controlled inventory item.
3.4.1 Construct and Method
Details on creating the UID and the marking method are contained in MIL-STD-130N. The UID may be either UID Construct #1 or Construct #2 with Construct #2 being the preferred method.
3.4.2 UID Location and Marking
The locations and marking methods selected should bear no impact on the performance of the part and minimal configuration change(s) to the part. The UID (including 2D Matrix) should be incorporated onto the data plate IAW Drawing 3909AS9999 Rev B (Identification Plate/UID Markings). If the 2D matrix can't be incorporated onto the data plate, a 2D matrix sticker can be applied onto the main data plate provided it can be done without covering any critical data. When the 2D Data Matrix is placed directly onto the data plate, the Part Number, Serial Number and CAGE human readable characters are not required. If the above cannot be accomplished, a separate data plate can be attached which contains the 2D Matrix plus the human readable characters for the Part Number, Serial Number and CAGE. This added data plate should be attached in close proximity to the main data plate.
3.4.3 Permanency and Legibility
The UID marking and identification plates, tags, or labels when used on equipment, parts, assemblies, subassemblies, units, sets, or groups shall be permanent during the normal life expectancy of the item and be capable of withstanding the environmental test and cleaning procedures specified for the item. Legibility shall be as required for ready readability as per MIL-STD-130N.
3.4.4 UID Registration
The prime Contractor has the responsibility to furnish Item Unique Identification (IUID) data to the IUID registry. Data submission of IUID data and acquisition cost should be via Wide Area Work Flow (WAWF), IUID XML file, IUID flat file or web entry. Additional information regarding data submission as well as the actual marking can be found at http://www.acq.osd.mil/dpap/pdi/uid/index.html.
3.4.5 Records
The Contractor shall maintain an accurate, current list of UIDs for all manufactured items on this contract and supply to the Government upon request. The list shall include P/N, Serial #, CAGE, UID Location, Construct used, how it was marked, and the registration method used.
Section D - Packaging and Marking
ADDITIONAL INFORMATION
Packaging Requirements The contractor shall preserve and pack materiel IAW ASTM D3951-18 (excluding paragraphs 4.2-4.3) and require same by vendors and subcontractors (for materiel being shipped to the government). 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."
Marking Marking shall be in accordance with MIL-STD-129R.
Additionally, special marking labels (fragile, delicate, etc) shall be applied to all unit, intermediate and shipping containers as an integral part of the total pack. The contractor shall select the appropriate special marking label (s) as additional means to protect the items during packaging, handling, storage, transit and removal from the pack.
All items and exterior shipping containers/packaging shall at a minimum be marked with the following information: Part Number; Nomenclature; Quantity; Serial number(s); Contract Number; National Stock Number; and Manufacturer’s Name, Address, and CAGE Code.
There are no Friday deliveries for USN items. Delivery times are Mondays-Thursdays, 7:30AM-3:30PM
| CLIN |
| ADDITIONAL MARKING INFORMATION |
| 0001 - US |
| Mark for: 58A (P-8A Program) |
| 0002 – FMS Germany |
| Mark for MAPAC: DGY00 |
SUPADD: DA4SCO
TAC Code: P771
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."
| 5252.247-9510 | PRESERVATION, PACKAGING, PACKING AND MARKING FOR FOREIGN MILITARY SALES (FMS) REQUIREMENTS (NAVAIR)(OCT 2005) | |
| (a) Unless specified elsewhere in the contract, packing and packaging shall comply with MIL-STD-129 and other applicable DoD regulations. Packing and packaging materials shall provide protection from abuse during handling and from environmental, magnetic, and electrical damage during handling and subsequent future storage, possibly under less than desirable conditions. | ||
| (b) Marking: All unit and exterior containers/packs shall as a minimum be marked as follows: | ||
| (1) FMS Case Number. | ||
| (2) Part Number (with CAGE Code). | ||
| (3) For - the organization/address the material is shipped to. | ||
| (4) The applicable MILSTRIP number (identified separately for each line item of the contract/delivery order) | ||
| (5) Project Code number. | ||
| (6) Project Directive Line Item (PDLI) Number. | ||
| (7) Requisition Serial Number (RSN). | ||
| (8) Quantity. | ||
| (9) From - the contractor's address shipped from. | ||
| (10) Ship to - the shipping address provided in the contract. | ||
| (11) Transportation Priority | ||
| (12) Required Delivery Date | ||
| (c) The contractor shall affix labels to the outside of each external pack warning all handlers that fragile, delicate, etc., equipment is contained within and to warn against particular improper handling and storage procedures/conditions as may be applicable to the item(s) ordered. |
Applicable CLINs: 0002 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 |
| 4.8.1.1 |
RT 547, BLDG 562, RM 310
JOINT BASE MDL
LAKEHURST NJ 08733
| Government |
| 4.8.1.1 |
RT 547, BLDG 562, RM 310
JOINT BASE MDL
LAKEHURST NJ 08733
Government
| 0002 |
| Origin |
| Government |
| Origin |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-2 |
| Inspection Of Supplies--Fixed Price |
| AUG 1996 |
| 52.246-16 |
| Responsibility For Supplies |
| APR 1984 |
| 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 |
CLINs 0001: N68335 CLINs 0002: DCMA TBD
(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
ADDITIONAL INFORMATION
VENDOR INSTRUCTIONS
FOR FMS Option CLIN 0002:
1. Vendor shall not ship this material
2. Vendor shall contact the cognizant Defense Contract Management Agency (DCMA) for Government Inspection and Acceptance.
Transportation Transportability issues shall be identified and addressed to ensure all shipments can be transported with unrestricted movement via over-the-road transport. Transportability problem items shall be identified in accordance with MIL-STD-1366E criteria. Requirements for shipment of DOD materiel shall meet, as a minimum, the requirements of the following rules and regulations, as applicable to the mode of transportation in the Defense Transportation Regulation, DTR DOD 4500.9-R, Part II, Uniform Freight.
ADC = After Date of Contract Award AOE = After Option Exercise
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| 10 wks. ADC |
| 2 |
| DLA DISTRIBUTION SUSQUEHANNA PA |
BILL MASSIMINO
MECHANICSBURG RECEIVING WEST
5450 CARLISLE PIKE BLDG 402
MECHANICSBURG PA 17050-0789
732-323-4166 FOB: Destination
SW310N
| 0002 |
| 10 wks. AOE |
| 2 |
| NAVAL SYSTEMS INC |
KARL HUNNICUTT
GERMANY P-8A
8100-4 WESTSIDE INDUSTRIAL DRIVE
JACKSONVILLE FL 32219
(904) 248-4300, EXT. 4307
FOB: Origin (Shipping Point)
DGY004
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.242-17 |
| Government Delay Of Work |
| APR 1984 |
| 52.247-29 |
| F.O.B. Origin |
| FEB 2006 |
| Applicable CLINs: 0002 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| Applicable CLINs: 0001 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| FEB 2019 |
Section G - Contract Administration Data
| 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):
(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 ___________
(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 |
| TBD |
| Issue By DoDAAC |
| N68335 |
| Admin DoDAAC** |
| TBD |
| Inspect By DoDAAC |
| CLIN 0001 – N68335 |
CLIN 0002 - TBD
| Ship To Code |
| CLIN 0001 - SW310N |
CLIN 0002 - TBD
| Ship From Code |
| TBD |
| Mark For Code |
| CLIN 0001 -58A (P-8A Program) |
CLIN 0002 – DGYY00
| Service Approver (DoDAAC) |
| ____ |
| Service Acceptor (DoDAAC) |
| ____ |
| Accept at Other DoDAAC |
| CLIN 0001 N68335 |
| 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.
_____________ stefanie.l.sohosky.civ@us.navy.mil ________________________________________________ (Contracting Officer: Insert applicable information or “Not applicable.”)
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
| 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: |
| (2) The following additional contract administration functions are assigned (see FAR 42.302(b)): |
| Additional Functions |
| Retained for Performance By: |
| Inspection of Supplies |
| See the ADMINISTERED BY Block on the face page of the contract, modification or order. |
Inspection of Supplies – CLIN 0002
(c) Inquiries regarding payment should be referred to: MyInvoice through the Wide Area Workflow eBusiness Suite: https://wawf.eb.mil.
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 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 |
| 52.203-17 |
| Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights |
| JUN 2020 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| JUN 2020 |
| 52.204-13 |
| System for Award Management Maintenance |
| OCT 2018 |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| AUG 2020 |
| 52.204-19 |
| Incorporation by Reference of Representations and Certifications. |
| DEC 2014 |
| 52.204-25 |
| Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment |
| NOV 2021 |
| 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 |
| 52.211-5 |
| Material Requirements |
| AUG 2000 |
| 52.211-15 |
| Defense Priority And Allocation Requirements |
| APR 2008 |
| 52.215-2 |
| Audit and Records--Negotiation |
| JUN 2020 |
| 52.215-8 |
| Order of Precedence--Uniform Contract Format |
| OCT 1997 |
| 52.215-14 |
| Integrity of Unit Prices |
| NOV 2021 |
| 52.215-21 |
| Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications |
| NOV 2021 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| OCT 2018 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-20 |
| Contracts for Materials, Supplies, Articles, and Equipment |
| JUN 2020 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-26 |
| Equal Opportunity |
| SEP 2016 |
| 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 |
| 52.222-50 |
| Combating Trafficking in Persons |
| NOV 2021 |
| 52.222-54 |
| Employment Eligibility Verification |
| MAY 2022 |
| 52.223-6 |
| Drug-Free Workplace |
| MAY 2001 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| JUN 2020 |
| 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 |
| 52.229-3 |
| Federal, State And Local Taxes |
| FEB 2013 |
| 52.232-1 |
| Payments |
| APR 1984 |
| 52.232-8 |
| Discounts For Prompt Payment |
| FEB 2002 |
| 52.232-11 |
| Extras |
| APR 1984 |
| 52.232-17 |
| Interest |
| MAY 2014 |
| 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 |
| NOV 2021 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.243-1 |
| Changes--Fixed Price |
| AUG 1987 |
| 52.244-5 |
| Competition In Subcontracting |
| DEC 1996 |
| 52.244-6 |
| Subcontracts for Commercial Products and Commercial Services |
| JAN 2022 |
| 52.246-23 |
| Limitation Of Liability |
| FEB 1997 |
| 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 |
| 252.204-7000 |
| 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 |
| DEC 2019 |
| 252.204-7015 |
| Notice of Authorized Disclosure of Information for Litigation Support |
| MAY 2016 |
| 252.204-7018 |
| Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services |
| JAN 2021 |
| 252.204-7020 |
| NIST SP 800-171 DoD Assessment Requirements |
| MAR 2022 |
| 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 |
| 252.223-7004 |
| Drug Free Work Force |
| SEP 1988 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| MAR 2022 |
| Applicable CLINs: 0001 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| APR 2022 |
| 252.225-7028 |
| Exclusionary Policies And Practices Of Foreign Government |
| APR 2003 |
| 252.225-7036 |
| Buy American--Free Trade Agreements--Balance of Payments Program--Basic |
| JUN 2022 |
| Applicable CLINs: 0001 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 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 |
| JAN 2021 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| FEB 2019 |
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)
(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 websites) 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. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
| 52.217-7 | OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989) |
| The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 365 days after contract award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. |
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition--
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number .
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that--
(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.
[The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that--
(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.
(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[Contractor to sign and date and insert authorized signer's name and title.]
52.248-1 VALUE ENGINEERING (JUN 2020)
(a) General. The Contractor is encouraged to develop, prepare, and submit value engineering change proposals (VECP's) voluntarily. The Contractor shall share in any net acquisition savings realized from accepted VECP's, in accordance with the incentive sharing rates in paragraph (f) below.
(b) Definitions. "Acquisition savings,'' as used in this clause, means savings resulting from the application of a VECP to contracts awarded by the same contracting office or its successor for essentially the same unit. Acquisition savings include--
(1) Instant contract savings, which are the net cost reductions on this, the instant contract, and which are equal to the instant unit cost reduction multiplied by the number of instant contract units affected by the VECP, less the Contractor's allowable development and implementation costs;
(2) Concurrent contract savings, which are net reductions in the prices of other contracts that are definitized and ongoing at the time the VECP is accepted; and
(3) Future contract savings, which are the product of the future unit cost reduction multiplied by the number of future contract units in the sharing base. On an instant contract, future contract savings include savings on increases in quantities after VECP acceptance that are due to contract modifications, exercise of options, additional orders, and funding of subsequent year requirements on a multiyear contract.
"Collateral costs," as used in this clause, means agency cost of operation, maintenance, logistic support, or Government-furnished property.
"Collateral savings," as used in this clause, means those measurable net reductions resulting from a VECP in the agency's overall projected collateral costs, exclusive of acquisition savings, whether or not the acquisition cost changes.
"Contracting office" includes any contracting office that the acquisition is transferred to, such as another branch of the agency or another agency's office that is performing a joint acquisition action.
"Contractor's development and implementation costs," as used in this clause, means those costs the Contractor incurs on a VECP specifically in developing, testing, preparing, and submitting the VECP, as well as those costs the Contractor incurs to make the contractual changes required by Government acceptance of a VECP.
"Future unit cost reduction," as used in this clause, means the instant unit cost reduction adjusted as the Contracting Officer considers necessary for projected learning or changes in quantity during the sharing period. It is calculated at the time the VECP is accepted and applies either (1) throughout the sharing period, unless the Contracting Officer decides that recalculation is necessary because conditions are significantly different from those previously anticipated or (2) to the calculation of a lump-sum payment, which cannot later be revised.
"Government costs," as used in this clause, means those agency costs that result directly from developing and implementing the VECP, such as any net increases in the cost of testing, operations, maintenance, and logistics support. The term does not include the normal administrative costs of processing the VECP or any increase in this contract's cost or price resulting from negative instant contract savings.
"Instant contract," as used in this clause, means this contract, under which the VECP is submitted. It does not include increases in quantities after acceptance of the VECP that are due to contract modifications, exercise of options, or additional orders. If this is a multiyear contract, the term does not include quantities funded after VECP acceptance. If this contract is a fixed-price contract with prospective price redetermination, the term refers to the period for which firm prices have been established.
"Instant unit cost reduction" means the amount of the decrease in unit cost of performance (without deducting any Contractor's development or implementation costs) resulting from using the VECP on this, the instant contract. If this is a service contract, the instant unit cost reduction is normally equal to the number of hours per line-item task saved by using the VECP on this contract, multiplied by the appropriate contract labor rate.
"Negative instant contract savings" means the increase in the cost or price of this contract when the acceptance of a VECP results in an excess of the Contractor's allowable development and implementation costs over the product of the instant unit cost reduction multiplied by the number of instant contract units affected.
"Net acquisition savings" means total acquisition savings, including instant, concurrent, and future contract savings, less Government costs.
"Sharing base," as used in this clause, means the number of affected end items on contracts of the contracting office accepting the VECP.
Sharing period, as used in this clause, means the period beginning with acceptance of the first unit incorporating the VECP and ending at a calendar date or event determined by the contracting officer for each VECP.
"Unit," as used in this clause, means the item or task to which the Contracting Officer and the Contractor agree the VECP applies.
"Value engineering change proposal (VECP)" means a proposal that--
(1) Requires a change to this, the instant contract, to implement; and
(2) Results in reducing the overall projected cost to the agency without impairing essential functions or characteristics; provided, that it does not involve a change--
(i) In deliverable end item quantities only;
(ii) In research and development (R&D) end items or R&D test quantities that is due solely to results of previous testing under this contract; or
(iii) To the contract type only.
(c) VECP preparation. As a minimum, the Contractor shall include in each VECP the information described in subparagraphs (1) through (8) below. If the proposed change is affected by contractually required configuration management or similar procedures, the instructions in those procedures relating to format, identification, and priority assignment shall govern VECP preparation. The VECP shall include the following:
(1) A description of the difference between the existing contract requirement and the proposed requirement, the comparative advantages and disadvantages of each, a justification when an item's function or characteristics are being altered, the effect of the change on the end item's performance, and any pertinent objective test data.
(2) A list and analysis of the contract requirements that must be changed if the VECP is accepted, including any suggested specification revisions.
(3) Identification of the unit to which the VECP applies.
(4) A separate, detailed cost estimate for (i) the affected portions of the existing contract requirement and (ii) the VECP. The cost reduction associated with the VECP shall take into account the Contractor's allowable development and implementation costs, including any amount attributable to subcontracts under the Subcontracts paragraph of this clause, below.
(5) A description and estimate of costs the…
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