N68335-14-R-0208.doc

Section A - Solicitation/Contract Form

PROCUREMENT INFORMATION

Government Contract Department Points of Contact:

Ms. Shannan Germond

Contract Specialist

E-Mail: Shannan.Germond@navy.mil

Phone: (732) 323-2778

1. This solicitation is 100% Small Business Set Aside

2. This requirement is for the procurement of one each autoclave, including an operating system and support equipment, to be installed in Patuxent River, MD. This procurement will also include training and maintenance support for one year after installation. This autoclave will be used to fuse together different types of consumable and composite materials.

3. It is anticipated that this will be a Firm Fixed Price (FFP) type contract.

4. IMPORTANT INFORMATION: Registration in the Department of Defense DoD System for Award Management (SAM) database will be a prerequisite for receiving an award. For more information on the SAM, refer to the SAM website at https://www.sam.gov/portal/public/SAM.

5. Proposal Validity shall be for 180 days or longer as annotated by the Offeror in Block 12 of the cover page of the SF33.

Section B - Supplies or Services and Prices

Autoclave

FFP

Autoclave in accordance with Section C, Statement of Work.

FOB: Destination

NET AMT

Control System

Control System including hardware and software in accordance with paragraphs 10 and 11 of the SOW.

NET AMT

Installation

Installation in accordance with paragraph 19 of the SOW.

NET AMT

Supporting Equipment

Tool Cart and Nitrogen Tank in accordance with SOW paragraph 16.

NET AMT

Training

Training and training material in accordance with SOW paragraph 20.

NET AMT

Maintenance / Support

Maintenance / Support in accordance with SOW paragraph 21.

NET AMT

Contract Data Requirements List (CDRLs)

Delivery of CDRLs A001-A003 in accordance with Section J.

This CLIN will be Not Separately Priced.

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

Statement of Work

Autoclave and Support Equipment

Location:

Advanced Prototype Facility Composites Lab

NAWCAD, Patuxent River, MD 20670

· Any and all equipment shall comply with all applicable federal, state, local, and Navy regulations.

· Any and all equipment shall conform to recognized industry standards for design and manufacture.

· Any and all equipment shall be constructed of, and utilize in its operation, materials that are compliant with all applicable federal, state, local, and Navy regulations.

The contracted agency shall provide an autoclave that meets the following specifications:

1. Dimensions

1.1. Internal working diameter: 10 ft. minimum.

1.2. Internal working length: 15 ft. minimum.

2. Operational Requirements

2.1. Temperature Requirements

2.1.1. Operational temperature range: 0-900°F.

2.1.2. Heating rate requirement: 0-10°F/min.

2.1.3. Cooling rate requirement: 0-10°F/min.

2.1.4. Temperature accuracy/uniformity upon reaching stead state: ± 1%.

2.2. Pressure Requirements

2.2.1. Capable of using Nitrogen or Air for pressurization.

2.2.2. Operational pressure range: 0-250 psig.

2.2.3. Pressurization rate: Variable 0-10 psig/min (up to 150 psig); 0-5 psig/min (150-250 psig).

2.2.4. Pressure accuracy upon reaching steady state: ±1.0 psig.

2.3. Vacuum Requirements

2.3.1. Operational vacuum level: 0- 29 in Hg.

2.3.2. Vacuum accuracy: ±1.0 in Hg.

2.3.3. Vacuum source lines within the autoclave: 12.

2.3.4. Vacuum probe lines within the autoclave: 12.

3. Cooling System

3.1. An independent cooling system shall be provided in full, including but not limited to: internal cooling coils, evaporative cooling tower, reservoir tanks, pumps, plumbing, and other associated equipment.

3.2. The cooling system shall be plumbed to accommodate and be capable of withstanding freezing environments.

3.3. The cooling system shall include a sub-water meter.

3.3.1. The sub-water meter shall be capable of being monitored and controlled by software on the provided computer system.

3.3.2. The sub-water meter shall measure and record the amount of water used over time and when water is flowing.

4. Heating System

4.1. The heating system shall be electric.

5. Thermocouples

5.1. All thermocouples shall be type J.

5.2. The autoclave shall have one (1) thermocouple for monitoring air temperature near the front and one (1) thermocouple for monitoring air temperature near the rear of the autoclave.

5.3. The autoclave shall have one (1) bank of twelve (12) thermocouple ports located near the front and one (1) bank of twelve (12) thermocouple ports near the rear of the autoclave for part temperature monitoring, equaling a total of 24 thermocouple ports for part temperature monitoring.

5.4. The thermocouple banks shall be able to survive continuous temperatures of 900°F.

6. Autoclave Floor

6.1. The floor of the autoclave shall include cart tracks utilizing inverted angles, capable of supporting a minimum of 4000 lbs. of tooling IN ADDITION to the weight of the cart.

7. Autoclave lighting

7.1. The autoclave shall have internal lighting.

7.1.1. Internal lighting shall be sufficient for internal work, repair, or maintenance without a secondary light source.

7.1.2. Internal lighting shall be on an independent circuit to allow lights to be active while main power to the autoclave is off.

8. Autoclave coating

8.1. The external surfaces of the autoclave shall be coated with an industry standard autoclave coating.

9. Safety/Alarm Systems

9.1. The autoclave system shall meet all required safety standards (see references).

9.2. ‘Man –in-clave’ safety system.

9.3. Bag break/leak alarm.

9.4. Part over-temp alarm.

9.5. Low vacuum alarm.

9.6. Vessel over-temp alarm.

9.7. Vessel over-pressure alarm.

10. Control System

10.1. Includes a desktop PC, monitor, printer, and all supporting equipment for proper connections and operation of the autoclave equipment.

10.1.1. Software shall be windows 7 professional compatible. (32 or 64 bit).

10.1.2. Capable of storing no less than one-hundred (100) cure cycle recipes.

10.1.3. Capable of burning DVD information discs.

10.1.4. Have and support no less than four (4) USB 2.0 ports.

10.1.5. Able to communicate to autoclave system through Ethernet port.

10.2. Includes a laptop computer with software and control capabilities to be used in the event of the desktop PC failure. Must be able to continue autoclave operations in place of the desktop system.

10.2.1. Software shall be windows 7 professional compatible. (32 or 64 bit).

10.2.2. Capable of storing no less than one-hundred (100) cure cycle recipes.

10.2.3. Capable of burning DVD information discs.

10.2.4. Have and support no less than three (3) USB 2.0 ports.

10.2.5. Able to communicate to autoclave system through Ethernet port.

11. Operating Software

11.1. Operating software shall be provided on the two (2) computer systems listed in section 10.

11.2. Operating software shall have unlimited phone support for no less than one (1) year from date of full equipment installation and certification.

11.3. Operating software shall have the following capabilities:

11.3.1. Ability to create separate user accounts.

11.3.2. Ability to record logs of users sign in/out.

11.3.3. Ability to set restrictions/permissions for each user from one master account.

11.3.4. Ability to create, run, and store recipes.

11.3.5. Ability to manually adjust all set points while recipe is running.

11.3.6. Ability to hold the recipe at any time at the current set points.

11.3.7. Ability to control all devices including but not limited to pumps, valves, motors, sensors, etc.

11.3.8. Ability to monitor any or all sensors at all times (during a run or otherwise).

11.3.9. Ability to abort a run at any phase of the run prior to final dwell temperature (cure segment).

11.4. For monitoring autoclave run progress, the software shall be able to display (at a minimum) the following:

11.4.1. Overall run status

11.4.1.1. Cumulative run time and/or run time remaining.

11.4.1.2. Current step/segment.

11.4.1.3. Step time.

11.4.1.4. Remaining step time.

11.4.1.5. Vacuum level and vacuum set point.

11.4.1.6. Pressure level and pressure set point.

11.4.1.7. Part temperature (individual thermocouples or (at operators discretion) only leading and lagging thermocouples) and temperature set point.

11.4.1.8. Air temperature.

11.4.1.9. Indication of sensor status (active vs. non-active).

11.4.1.10. Ability to view graphical status of the autoclave run.

11.4.1.10.1. Graph shall show recipe as well as sensor data.

11.4.1.10.2. Ability to select and deselect individual sensors to be plotted.

11.5. Autoclave hardware/software shall be able to perform a vacuum bag leak check.

11.5.1. Leak check shall consist of taking a vacuum reading, isolating the part/tool from the vacuum sources, wait a prescribed amount of time entered by the user, and check the final vacuum on the part/tool and report any delta in vacuum readings.

11.5.2. Operation of leak check shall be fully executed by software command.

11.6. Part Control

11.6.1. Ability to select and change the controlling thermocouple during any part of the recipe.

11.6.2. Ability to control the maximum delta between the part and air temperature.

11.6.3. Ability to control the maximum part temperature delta.

12. Hardware and Software Certification

12.1. All software/hardware operations and processes shall be demonstrated by the contractor with Government personnel in attendance as witnesses.

12.1.1. Emergency shut-off shall be successfully demonstrated.

12.2. A trial part fabrication using software and equipment provided by the contracted agency shall be successfully demonstrated.

12.2.1. The Navy shall supply all consumable and composite materials to fabricate the test panel as well as recipe required for the materials.

12.3. Upon completion of the hardware and software certification the Contractor shall provide calibration certificates (CDRL A001) and labels for the autoclave and all supporting equipment.

13. Data Acquisition and Storage

13.1. Data acquisition shall be capable of storing individual data files containing (at a minimum) the following:

13.1.1. Recipe name and parameters.

13.1.2. Graphical representation of run.

13.1.3. Time stamped sensor information.

13.1.3.1. The information shall be collected at a periodic interval not to exceed 60 seconds throughout the duration of a run.

13.1.3.2. All Thermocouple readings.

13.1.3.3. All Pressure readings.

13.1.3.4. All Vacuum readings.

13.1.3.5. Alarms if triggered.

13.1.3.5.1. Type of alarm or sensor and location of alarming sensor (which thermocouple).

13.1.4. User Inputs

13.1.4.1. Part/file name.

13.1.4.2. General comments.

14. Recipes

14.1. All recipe operations and programming shall be controlled by the software provided by the contracted agency.

14.2. Recipes shall be able to store (at a minimum) the following information:

14.2.1. Name.

14.2.2. Description.

14.2.3. Date Created.

14.2.4. Date Modified.

14.2.5. Last run date.

14.2.6. Author.

14.2.7. The recipe itself.

14.3. Recipes shall be programmable with (at a minimum) the following control options:

14.3.1. Number of segments (minimum of 10). The following shall be programmable per segment:

14.3.1.1. Dwell (temperature, time).

14.3.1.2. Dwell (pressure, time).

14.3.1.3. Dwell (vacuum, time).

14.3.1.4. Temperature ramp rate (input as degrees/min).

14.3.1.5. Pressure ramp rate (input as psi/min).

14.3.1.6. Alarm Triggers (at a minimum):

14.3.1.6.1. Maximum part temperature.

14.3.1.6.2. Minimum part temperature.

14.3.1.6.3. Maximum pressure.

14.3.1.6.4. Minimum pressure.

15. Building Interface

15.1. The autoclave shall be placed in a pit that measures 45 ft long x 20.5 ft wide x 42 inches deep, and shall have its floor even with the main floor of the building with sufficient clearance between the autoclave and pit walls to allow for maintenance and adherence to all safety standards.

15.2. A movable bridge shall be included that is capable of supporting a minimum of 4500 lbs IN ADDITION to the autoclave cart weight. The bridge shall be level with the autoclave floor and shop floor and include inverted angle cart paths for transportation of the cart to the autoclave from the shop floor and vice versa. The bridge shall be movable as to not impede the autoclave door.

15.3. Modification of the building floor as to cause an increase in floor depth in any way shall not be permissible.

15.4. No equipment shall penetrate through the existing floor.

The contracted agency shall also provide:

16. Autoclave Supporting Equipment

16.1. Liquid Nitrogen Tank

16.1.1. A liquid Nitrogen tank shall be provided by the contractor to supply gaseous Nitrogen to support pressurized autoclave processing cycles.

16.1.2. The Nitrogen tank shall be appropriately sized to support normal operation of the autoclave.

16.1.3. The tank shall be located outside the building on an existing concrete slab.

16.2. Tool cart

16.2.1. Tool cart shall be designed to move on the rail system installed on the autoclave bridge and autoclave floor.

16.2.2. The size of the tool cart shall be designed to utilize the maximum interior working space of the autoclave.

The tool cart shall be capable of supporting composite tooling up to a total load of 4,000 lbs.

17. Uninterruptible power supply (UPS)

17.1. The UPS shall be capable of powering all supporting equipment related to the PC provided for autoclave control for no less than thirty (30) minutes.

18. Delivery of Autoclave and supporting equipment to the installation site.

18.1. The Autoclave and supporting equipment shall be delivered to the installation site.

18.2. The Government POC shall be notified 4 days prior to delivery of the autoclave and any supporting equipment.

19. Autoclave and Supporting Equipment Installation at designated site.

19.1. The autoclave is intended to be installed in a building that is currently in planning and will be completely constructed by date of autoclave delivery. The contracted agency shall coordinate with the building planners for autoclave installation.

19.2. The autoclave and rigging equipment shall be able be moved into the building via an exterior door sized 18’ wide by 16’ high.

19.3. Only minor building or site alterations shall be permissible. Minor alterations shall be defined by NAVFAC personnel.

19.4. Any and all wall penetrations shall comply with ICD 705 requirements.

20. Training

20.1. Two (2) day on-site (Patuxent River, MD) training shall be provided for up to five (5) NAWCAD employees entailing operation of the autoclave system, software, and all associated equipment that is provided by the contracted agency.

21. Maintenance/Support

21.1. The contracted agency shall provide provisions (CDRL A002) for emergency, on demand repair and maintenance support including labor, travel, and replacement parts for any unanticipated hardware or software failures during a period of twelve (12) months from the date of installation and acceptance of all equipment for the 4.3.4 Composites Autoclave facility under NAWCAD control in Patuxent River, MD.

21.2. The contracted agency shall provide unlimited phone support for any and all equipment and software provided by the contracted agency for the 4.3.4 Composites Autoclave facility under NAWCAD control in Patuxent River, MD for no less than a period of twelve (12) months from the date of installation and certification of all equipment.

21.3. The contracted agency shall provide a technical data package (CDRL A003) for the autoclave and all supporting equipment. This includes operating manuals, schematics, operating procedures, technical specifications, and a certification of the temperature/pressure/operational performance of the autoclave.

References

OPNAVINST 5100.23G

UL Standards 61010-1, 61010-2-010, 61010-2-201

Section D - Packaging and Marking

CLAUSES INCORPORATED BY FULL TEXT

5252.247-9508

PROHIBITED PACKING MATERIALS (NAVAIR) (JUN 1998)

The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

JOHN BRENNAN, CODE 4.3.4.4

BLDG 2188

48066 SHAW ROAD

PATUXENT RIVER MD 20670

301-995-2028

N00421

N00421

N00421

N00421

N00421

N00421

N00421

CLAUSES INCORPORATED BY REFERENCE

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

252.232-7003

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012)

(a) Definitions. As used in this clause--

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/ .

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when--

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment for rendered health care services using TRICARE Encounter Data System (TEDS) as the electronic format; or

(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

252.232-7006

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. as used in this clause--

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

(Contracting Officer: Insert applicable document type(s). Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.)

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

(Contracting Officer: Insert inspection and acceptance locations or "Not applicable.")

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF

Data to be entered in WAWF

Pay Official DoDAAC:

N64142___________________

Issue By DoDAAC:

N68335__________________

Admin DoDAAC:

N68335___________________

Inspect By DoDAAC:

N00421___________________

Ship To Code:

Ship From Code:

TBD______________________

Mark For Code:

Service Approver (DoDAAC):

Service Acceptor (DoDAAC):

Accept at Other DoDAAC:

LPO DoDAAC:

DCAA Auditor DoDAAC:

Other DoDAAC(s):

(*Contracting Officer: Insert applicable DoDAAC information or "See schedule" if multiple ship to/acceptance locations apply, or "Not applicable.")

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system.

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

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. For Navy WAWF questions call DFAS Customer Care 1-800-756-4571 option 6

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

5252.201-9500

TECHNICAL POINT OF CONTACT (TPOC)(NAVAIR)(SEP 2012)

(a) The Technical Point of Contact (TPOC) for this contract is: TBD

(b) This individual is not a Contracting Officer nor a Contracting Officer's Representative (COR)/Task Order COR (TOCOR) and has no authority to make changes, verbally or otherwise, to the existing contract or order. Further, no authority has been delegated to this individual by the Procuring Contracting Officer (PCO).

(c) The contractor may use this technical POC for technical questions related to the existing contract or order. Also, as a representative of the requiring activity, the TPOC may perform or assist in such areas as: base access forms, security related issues, IT access requirements, Contractor Performance Assessment Reporting System (CPARS), clarification of technical requirements, and statement of work inquires.

(d) The contractor shall immediately notify the Procuring Contracting Officer in writing if the contractor interprets any action by the TPOC to be a change to the existing contract.

5252.232-9511

NOTICE OF REQUIREMENTS FOR PROMPT PAYMENT (NAVAIR) (MAR 2006)

The Government anticipates that this contract will be distributed to Defense Finance and Accounting Service (DFAS) by the DOD Electronic Document Access (EDA) system. DFAS is responsible for payment of contractor invoices.

(a) In accordance with FAR Clause 52.232-33 "Payment By Electronic Funds Transfer--Central Contractor Registration", the contractor is responsible for providing updated information to the Central Contractor Register (CCR) database. Additionally, the contractor is responsible for maintaining its active status in the CCR database.

(b) If the DUNS, CAGE code, TIN or address set forth in the contract do not match the information in the CCR, then DFAS will return invoices without payment. Therefore, it is imperative that the contractor ensure the DUNS, CAGE code, TIN and contractor address on the contract are accurate and in compliance with the CCR database. Additionally, any changes/updates made to the CCR database should be communicated to the Contracting Officer for the purpose of modifying the contract to reflect the new data.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database at https://www.acquisition.gov .

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub.L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub/ L 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

52.219-28

POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

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 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 (c) 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.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the 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) 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 assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards/ .

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations and Certification 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 that the data have been validated or updated, and provide the date of the validation or update.

(f) 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 (e) or (g) of this clause.

(g) 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:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code [_______] assigned to contract number [______________].

[Contractor to sign and date and insert authorized signer's name and title].

Signature

Date

Signer’s Printed Name

Signer’s Title

52.232-32

PERFORMANCE-BASED PAYMENTS (APR 2012)

(a) Amount of payments and limitations on payments. Subject to such other limitations and conditions as are specified in this contract and this clause, the amount of payments and limitations on payments shall be specified in the contract's description of the basis for payment.

(b) Contractor request for performance-based payment. The Contractor may submit requests for payment of performance-based payments not more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The Contractor's request shall contain the information and certification detailed in paragraphs (l) and (m) of this clause.

(c) Approval and payment of requests.

(1) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in accordance with the terms of the contract. The Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable.

(2) A payment under this performance-based payment clause is a contract financing payment under the Prompt Payment clause of this contract and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved requests on the [____] [Contracting Officer insert day as prescribed by agency head; if not prescribed, insert "30th"] day after receipt of the request for performance-based payment by the designated payment office. However, the designated payment office is not required to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or inquires into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the Contractor certification. The payment period will not begin until the Contracting Officer approves the request.

(3) The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from performance of obligations under this contract.

(d) Liquidation of performance-based payments.

(1) Performance-based finance amounts paid prior to payment for delivery of an item shall be liquidated by deducting a percentage or a designated dollar amount from the delivery payment. If the performance-based finance payments are on a delivery item basis, the liquidation amount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based finance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquidation shall be by either predesignated liquidation amounts or a liquidation percentage.

(2) If at any time the amount of payments under this contract exceeds any limitation in this contract, the Contractor shall repay to the Government the excess. Unless otherwise determined by the Contracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after adjustment of invoice payments and balances for any retroactive price adjustments.

(e) Reduction or suspension of performance-based payments. The Contracting Officer may reduce or suspend performance-based payments, liquidate performance-based payments by deduction from any payment under the contract, or take a combination of these actions after finding upon substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (h) and (i) of this clause).

(2) Performance of this contract is endangered by the Contractor's --

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) The Contractor is delinquent in payment of any subcontractor or supplier under this contract in the ordinary course of business.

(f) Title.

(1) Title to the property described in this paragraph (f) shall vest in the Government. Vestiture shall be immediately upon the date of the first performance-based payment under this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) "Property," as used in this clause, includes all of the following described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices:

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufacturing aids, title to which would not be obtained as special tooling under subparagraph (f)(2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract (e.g., the termination clauses) shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract, without requesting the Contracting Officer's approval, provided that any significant reduction in the value of the property to which the Government has title under this clause is reported in writing to the Contracting Officer.

(5) In order to acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting Officer's advance approval of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the proceeds thereof) not --

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(g) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. If any property is lost (see 45.101), the basis of payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(h) Records and controls. The Contractor shall maintain records and controls adequate for administration of this clause. The Contractor shall have no entitlement to performance-based payments during any time the Contractor's records or controls are determined by the Contracting Officer to be inadequate for administration of this clause.

(i) Reports and Government access. The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information requested by the Contracting Officer for the administration of this clause and to determine that an event or other criterion prompting a financing payment has been successfully accomplished. The Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's records and to examine and verify the Contractor's performance of this contract for administration of this clause.

(j) Special terms regarding default. If this contract is terminated under the Default clause,

(1) the Contractor shall, on demand, repay to the Government the amount of unliquidated performance-based payments, and

(2) title shall vest in the Contractor, on full liquidation of all performance-based payments, for all property for which the Government elects not to require delivery under the Default clause of this contract. The Government shall be liable for no payment except as provided by the Default clause.

(k) Reservation of rights.

(1) No payment or vesting of title under this clause shall --

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause --

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(l) Content of Contractor's request for performance-based payment. The Contractor's request for performance-based payment shall contain the following:

(1) The name and address of the Contractor;

(2) The date of the request for performance-based payment;

(3) The contract number and/or other identifier of the contract or order under which the request is made;

(4) Such information and documentation as is required by the contract's description of the basis for payment; and

(5) A certification by a Contractor official authorized to bind the Contractor, as specified in paragraph (m) of this clause.

(m) Content of Contractor's certification. As required in paragraph (l)(5) of this clause, the Contractor shall make the following certification in each request for performance-based payment:

I certify to the best of my knowledge and belief that --

(1) This request for performance-based payment is true and correct; this request (and attachments) has been prepared from the…