Sol__N68335-15-R-0020.pdf
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- STATIONARY PENETRANT INSPECTION (SPI) SYSTEM
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| SPI_Statement_of_Work_20Mar2015.pdf | ||
| SPI_System_Specification_150518.pdf |
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CODE
(Hour)
PAGE(S)
until local time
X
A
X B
X C X D
EX
X
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F 56 - 59
60 - 73
X H 74 - 78 william.waterhouse@navy .mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA
FAR (48 CFR) 53.214(c)
1 78
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
N68335 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 6 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
WILLIAM L. WATERHOUSE 732-323-2243
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
1 - 3
4 - 25
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
27 - 32
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
33 - 35
36 - 38 X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 39 - 42 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 43 - 45 X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIO NS AND INSTRUCTIO NS
PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS
46 - 54
PART II - CO NTRACT CLAUSES
NAVAL AIR WARFARE CENTER AD (LKE)
CODE 2.5.2.1.2 BLDG 562-3
HWY 547
LAKEHURST NJ 08733-5000
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.
LAKPP20130181
5. DATE ISSUED
18 Jun 2015
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
N68335-15-R-0020
Section A - Solicitation/Contract Form
PROCUREMENT INFORMATION
NAVAIR Points of Contact
Contracts:
William Waterhouse, Contract Specialist
Naval Air Warfare Center Aircraft Division
Hwy 547, B562-3
JB MDL, NJ 08733
Phone: 732-323-2243
Fax: 732-323-2359
Email: william.waterhouse@navy.mil
1. Solicitation # N68335-15-R-0020 is for the firm-fixed-price procurement of the Stationary Penetrant Inspection
(SPI) System. The SPI System will provide the US Navy / US Marine Corps the capability to perform Type I, Post-
Emulsifiable Hydrophilic (Method D) Penetrant Inspections and will be used at US Navy / US Marine Corp shore-based intermediate maintenance activities.
2. It is anticipated that the resultant contract will be a Fixed Price (FP) Indefinite Delivery Indefinite Quantity
(IDIQ) type contract with a Base Ordering Period and two (2) one-year Production Ordering Periods.
3. As per Clause 5252.216-9506 “Minimum and Maximum Quantities” (Section F) and Clause 52.216-19 “Order
Limitations” (Section I), the guaranteed minimum order upon award of contract is for two each (2 ea) SPI System
Pre-Production Units (PPUs) and associated technical data. The resultant contract’s overall maximum order quantity is fifty each (50 ea) SPI System production units, inclusive of the two (2) PPUs, PPU refurbishment and all associated technical data.
4. Delivery Order may be placed as follows:
Base Ordering Period: from date of contract award through Government Release for Production approval.
Ordering Period One (1): from date of Government Release for Production approval through 365 days after
Government Release for Production approval.
Ordering Period Two (2): from 366 days after Government Release for Production approval through 730 days after Government Release for Production approval.
5. The completion of Contractor and Government Pilot Production Testing, Release for Production, and the issuance of Delivery Orders are separate events. Release for Production must be granted in writing by the Contracting Officer before production may commence. Production of the first unit for PCA testing does not constitute full release for production. In no case will release for production be granted prior to successful completion of Contractor and
Government Pilot Production Testing.
6. For clarification purposes, the term Pilot Production is synonymous with First Article.
7. Accelerated deliveries will be authorized at no additional cost to the Government.
8. IMPORTANT INFORMATION: It is mandatory for Offerors to register with the System for Award Management
(SAM) in order to conduct business with the US Government. To be considered for award, Offerors must have an
“Active” status in SAM. Registration information is located at: https://www.sam.gov/
9. At the discretion of the Government, a pre-award survey may be conducted on the Offeror tentatively selected for award.
mailto:william.waterhouse@navy.mil https://www.sam.gov/
10. 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
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 2 Each Pilot Production Units - Base Period
FFP
The Contractor shall manufacture, assemble, test, calibrate, package and ship a total quantity of two (2) SPI System Pilot Production Units (PPUs) in accordance with
(IAW) the attached Statement of Work (Section J).
FOB: Origin
PURCHASE REQUEST NUMBER: LAKPP20130181
NET AMT
0002 24 Each Production Units –Ordering Period One
FFP
The Contractor shall manufacture, assemble, test, calibrate, package and ship SPI
System Production Units IAW the attached Statement of Work (Section J).
0003 24 Each Production Units– Ordering Period Two
FFP
The Contractor shall manufacture, assemble, test, calibrate, package and ship SPI
System Production Units IAW the attached Statement of Work (Section J).
0004 2 Each PPU Refurbishment
FFP
The Contractor shall refurbish the PPUs (CLIN 0001) to fully operational condition, to include testing, calibration, packaging and be delivered as part of the final production quantity IAW the attached Statement of Work (Section J).
0005 1 Lot
SRR-II / PAGC
FFP
System Requirements Review-II (SRR-II)/Post Award Guidance Conference
(PAGC) IAW SOW paragraphs 3.1 / 3.7 / 3.7.2.
FOB: Destination
0006 1 Lot Preliminary Design Review (PDR)
FFP
Preliminary Design Review (PDR) IAW SOW para 3.7.3
0007 1 Lot Critical Design Review (CDR)
FFP
Critical Design Review (CDR) IAW SOW para 3.7.4
0008 1 Lot Contractor Test Review (CTR)
FFP
Contractor Test Review (CTR) IAW SOW para 3.7.5
0009 1 Lot
SVR / PRR
FFP
System Verification Review (SVR)/ Production Readiness Review (PRR) IAW
SOW para 3.7.6
0010 1 Lot Technical Interchange Meetings
FFP
Technical Interchange Meetings IAW SOW para 3.8
0011 1 Lot DATA ITEM - PMR PPT Presentation
FFP
DATA ITEM -PROGRAM MANAGEMENT REVIEW (PMR) PowerPoint (PPT)
Presentation - CDRL A006 - Exhibit A (Section J) - IAW SOW para 3.1
0012 1 Lot DATA ITEM - Safety Hazard Analysis
FFP
DATA ITEM -SAFETY HAZARD ANALYSIS (SHA) - CDRL A001 - Exhibit A
(Section J) - IAW SOW para 3.2.1
0013 1 Lot DATA ITEM - HMMP Plan
FFP
DATA ITEM -HAZARDOUS MATERIALS MANAGEMENT PROGRAM
(HMMP) PLAN - CDRL A002 - Exhibit A (Section J) - IAW SOW para 3.4.2.
0014 1 Lot DATA ITEM - HMMP Report
FFP
DATA ITEM -HAZARDOUS MATERIALS MANAGEMENT PROGRAM
(HMMP) REPORT - CDRL A003 - Exhibit A (Section J) - IAW SOW para 3.4.3.
0015 1 Lot
DATA ITEM - LITHIUM BATTERIES
FFP
DATA ITEM -LITHIUM BATTERY TECHNICAL DATA - CDRL A004 -
Exhibit A (Section J) - IAW SOW para 3.5.
0016 1 Lot
DATA ITEM - TECHNICAL DATA PACKAGE
FFP
DATA ITEM - TECHNICAL DATA PACKAGE (Developmental Design
Drawings/Models and Associated Lists) - CDRL A005 - Exhibit A (Section J) -
IAW SOW para 3.6.
0017 1 Lot DATA ITEM - Requirements Traceability
FFP
DATA ITEM - REQUIREMENTS TRACEABILITY MATRIX - CDRL A007 -
Exhibit A (Section J) - IAW SOW paragraphs 3.7.3. - 3.7.6.
0018 1 Lot DATA ITEM - Pilot Production Testing
FFP
DATA ITEM - PILOT PRODUCTION TESTING (PPT) PROCEDURES - CDRL
A008 - Exhibit A (Section J) - IAW SOW para 3.9.1.1.
0019 1 Lot DATA ITEM - Pilot Production Test Report
FFP
DATA ITEM - PILOT PRODUCTION TEST (PPT) REPORT - CDRL A009 -
Exhibit A (Section J) - IAW SOW para 3.9.1.1.
0020 1 Lot DATA ITEM - Deficiency Report
FFP
DATA ITEM - DEFICIENCY REPORTS (DR Resolution Report) - CDRL A010 -
Exhibit A (Section J) - IAW SOW para 3.9.1.5.
0021 1 Lot
DATA ITEM - FRACAS
FFP
DATA ITEM - FAILURE REPORTING, ANALYSIS AND CORRECTIVE
ACTION SYSTEM (FRACAS) - CDRL A011 - Exhibit A (Section J) - IAW SOW para 3.9.1.2.
0022 1 Lot DATA ITEM - Production ATPs
FFP
DATA ITEM - PRODUCTION ACCEPTANCE TEST PROCEDURES (ATPs) -
CDRL A012 - Exhibit A (Section J) - IAW SOW para 3.9.2.1.
0023 1 Lot DATA ITEM - Production ATP Report
FFP
DATA ITEM - PRODUCTION ACCEPTANCE TEST REPORT - CDRL A013 -
Exhibit A (Section J) - IAW SOW para 3.9.2.2.
0024 1 Lot DATA ITEM - Installation Instruction
FFP
DATA ITEM -INSTALLATION INSTRUCTION - CDRL A014 - Exhibit A
(Section J) - IAW SOW para 3.6.1.
0025 1 Lot
DATA ITEM - PCA PLAN
FFP
DATA ITEM - PHYSICAL CONFIGURATION AUDIT (PCA) PLAN- CDRL
A015 - Exhibit A (Section J) - IAW SOW para 3.9.2.4.
0026 1 Lot DATA ITEM - PCA Report
FFP
DATA ITEM - PHYSICAL CONFIGURATION AUDIT (PCA) REPORT - CDRL
A016 - Exhibit A (Section J) - IAW SOW para 3.9.2.4.;Appendix G.
0027 1 Lot DATA ITEM - Integrated Master Schedule
FFP
DATA ITEM -INTEGRATED MASTER SCHEDULE (IMS) - CDRL A017 -
Exhibit A (Section J) - IAW SOW para 3.1.1
0028 1 Lot DATA ITEM - Conference Minutes
FFP
DATA ITEM -CONFERENCE MINUTES - CDRL A018 - Exhibit A (Section J) -
IAW SOW paragraphs 3.7.1 & 4.2.5.
0029 1 Lot DATA ITEM - Interim Support Items List
FFP
DATA ITEM -LPD DATA PRODUCTS (INTERIM SUPPORT ITEM LIST) -
CDRL L001 - Exhibit B (Section J) - IAW SOW para 4.3.9. & PSOW para 9.
0030 1 Lot DATA ITEM - Long Lead Time Item List
FFP
DATA ITEM -LONG LEAD TIME ITEM LIST (LLTIL) - CDRL L002 - Exhibit
B (Section J) - IAW PSOW para 10.
0031 1 Lot
DATA ITEM - EDFP
FFP
DATA ITEM -ENGINEERING DATA FOR PROVISIONING (EDFP) - CDRL
L003 - Exhibit B (Section J) - IAW SOW para 4.3.6.3 & PSOW paragraphs 5 & 6.
0032 1 Lot DATA ITEM- Statement of Prior Submission
FFP
DATA ITEM -STATEMENT OF PRIOR SUBMISSION (SPS) - CDRL L004 -
Exhibit B (Section J) - IAW SOW para 4.3.6.4 & PSOW para 13.
0033 1 Lot DATA ITEM - LPD Candidate List
FFP
DATA ITEM -LOGISTICS PRODUCT DATA (LPD) CANDIDATE LIST -
CDRL L005 - Exhibit B (Section J) - IAW SOW para 4.3.2 & PSOW.
0034 1 Lot DATA ITEM - MaPl Input Data
FFP
DATA ITEM - MAINTENANCE PLANNING (MaPl) INPUT DATA - CDRL
L006 - Exhibit B (Section J) - IAW SOW para 4.3.4 & PSOW.
0035 1 Lot DATA ITEM - Provisioning Input Data
FFP
DATA ITEM - PROVISIONING INPUT DATA - CDRL L007 - Exhibit B
(Section J) - IAW SOW para 4.3.6.1 & PSOW.
0036 1 Lot DATA ITEM - CMRS Report
FFP
DATA ITEM - CALIBRATION AND MEASUREMENT SUMMARY (CMRS)
REPORT - CDRL L008 - Exhibit B (Section J) - IAW SOW para 4.5.1.
0037 1 Lot DATA ITEM - ICP Source Data
FFP
DATA ITEM - INSTRUMENT CALIBRATION PROCEDURES (ICP) SOURCE
DATA - CDRL L009 - Exhibit B (Section J) - IAW SOW para 4.5.3.
0038 1 Lot DATA ITEM - Training Requirements
FFP
DATA ITEM - TRAINING REQUIREMENTS / TRAINING COURSE OUTLINE
- CDRL L010 - Exhibit B (Section J) - IAW SOW para 4.6.
0039 1 Lot DATA ITEM - Training Requirements (CCD)
FFP
DATA ITEM - TRAINING REQUIREMENTS / COURSE COMPLETION
DATA (CCD) - CDRL L011 - Exhibit B (Section J) - IAW SOW para 4.6.
0040 1 Lot DATA ITEM - Tech Manual Validation Cert.
FFP
DATA ITEM - TECHNICAL MANUALS VALIDATION CERTIFICATION -
CDRL L012 - Exhibit B (Section J) - IAW SOW para 4.7.
0041 1 Lot DATA ITEM - Technical Manuals
FFP
DATA ITEM - TECHNICAL MANUAL REQUIREMENTS / Operational and
Intermediate Maintenance Manual / Pre-Operational Checklist / Periodic
Maintenance Requirement Cards - CDRL L013 - Exhibit B (Section J) - IAW SOW para 4.7.1.
0042 1 Lot
DATA ITEM - DMSMS / BOM
FFP
DATA ITEM - SOURCE DATA FOR FORECASTING DIMINISHING
MANUFACTURING SOURCES & MATERIAL SHORTAGES (DMSMS) /
BILL OF MATERIALS (BOM) - CDRL L014 - Exhibit B (Section J) - IAW SOW para 4.3.7.
0043 1 Lot DATA ITEM - IUID Plan
FFP
DATA ITEM - ITEM UNIQUE IDENTIFICATION (IUID) PLAN - CDRL L015 -
Exhibit B (Section J) - IAW SOW paragraphs 4.8 - 4.8.4.
0044 1 Lot
DATA ITEM - HAZMAT MSDS
FFP
DATA ITEM - HAZARDOUS MATERIAL (HAZMAT) IDENTIFICATION /
MATERIAL SAFETY DATA SHEETS (MSDS) - CDRL L016 - Exhibit B
(Section J) - IAW SOW para 4.11.8.
0045 1 Lot DATA ITEM - Packaging/Spec. Containers
FFP
DATA ITEM - PACKAGING PLAN FOR SPECIALIZED CONTAINERS /
PACKAGING, HANDLING, STORAGE & TRANSPORTATION
DEVELOPMENT DATA FOR DEPOT LEVEL REPAIRABLES REQUIRING
DESIGN OF A NEW SPECIALIZED CONTAINER - CDRL L017 - Exhibit B
(Section J) - IAW SOW para 4.11.4. & PSOW para 8.
0046 1 Lot DATA ITEM - Packaging Plan
FFP
DATA ITEM - PACKAGING PLAN / COMPONENTS PACKAGING,
HANDLING, STORAGE & TRANSPORTATION DEVELOPMENTAL DATA -
CDRL L018 - Exhibit B (Section J) - IAW SOW para 4.11.2. & PSOW para 8.
0047 1 Lot DATA ITEM - Packaging Plan / End Item
FFP
DATA ITEM - PACKAGING PLAN / END ITEM PACKAGING, HANDLING,
STORAGE & TRANSPORTATION DEVELOPMENTAL DATA - CDRL L019 -
Exhibit B (Section J) - IAW SOW para 4.11.2. & PSOW para 8.
0048 1 Lot DATA ITEM - Request for Deviation/Waiver
FFP
DATA ITEM - REQUEST FOR DEVIATION OR REQUEST FOR WAIVER -
CDRL L020 - Exhibit B (Section J) - IAW SOW para 4.10.
0049 1 Lot DATA ITEM - Engineering Change Proposal
FFP
DATA ITEM - ENGINEERING CHANGE PROPOSAL - CDRL L021 - Exhibit B
(Section J) - IAW SOW para 4.10.
0050 1 Lot System Environment Tests
FFP
Low Temperature Storage IAW System Specification Para 4.2.11.1
High Temperature Storage IAW System Specification Para 4.2.11.2
Low Temperature Operation IAW System Specification Para 4.2.11.3
High Temperature Operation IAW System Specification Para 4.2.11.4
0051 1 Lot System Environment Tests
FFP
Air Transportation Acceleration IAW System Specification Para 4.2.11.5
0052 1 Lot System Environment Tests
FFP
Vibration IAW System Specification Para 4.2.11.6
Section C - Descriptions and Specifications
CLAUSES INCORPORATED BY FULL TEXT
The contractor shall provide all LINE ITEMS in Section B in accordance with Attachment 1- SPI Statement of
Work; Attachment 2 - SPI System Specification, and embedded CDRLs. (See Section J)
Section D - Packaging and Marking
CLAUSES INCORPORATED BY REFERENCE
52.209-7 Information Regarding Responsibility Matters JUL 2013
252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (DEC 2013)
(a) Definitions. As used in this clause--
“Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.
“Concatenated unique item identifier” means--
(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or
(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number;
and serial number within the original part, lot, or batch number.
“Data matrix” means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200(ECC200) specification found within International Standards Organization (ISO)/ International Electrotechnical Commission
(IEC) 16022.
“Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.
“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.
“DoD item unique identification” means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier;
the original part, lot, or batch number; and the serial number.
“Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.
“Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency.
“Government's unit acquisition cost” means--
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery; and
(3) For items produced under a time-and-materials contract, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery.
“Issuing agency” means an organization responsible for assigning a globally unique identifier to an enterprise
(e.g., Dun & Bradstreet's Data Universal Numbering System (DUNS) Number, GS1 Company Prefix, Allied
Committee 135 NATO Commercial and Government Entity (NCAGE)/Commercial and Government Entity (CAGE)
Code, or the Coded Representation of the North American Telecommunications Industry Manufacturers, Suppliers, and Related Service Companies (ATIS-0322000) Number), European Health Industry Business Communication
Council (EHIBCC) and Health Industry Business Communication Council (HIBCC)), as indicated in the Register of
Issuing Agency Codes for ISO/IEC 15459, located at http://www.nen.nl/Normontwikkeling/Certificatieschemas-en-keurmerken/Schemabeheer/ISOIEC-15459.htm.
“Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise identifier.
“Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.
“Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.
“Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.
“Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.
“Parent item” means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.
“Serial number within the enterprise identifier” means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.
“Serial number within the part, lot, or batch number” means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.
“Serialization within the enterprise identifier” means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.
“Serialization within the part, lot, or batch number” means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.
“Type designation” means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.
“Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous.
The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.
“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.
(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.
(c) Unique item identifier.
(1) The Contractor shall provide a unique item identifier for the following:
(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:
Contract Line, Subline, or Exhibit Line Item Number Item Description
(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the
Schedule or the following table:
Contract Line, Subline, or Exhibit Line Item Number Item Description
(If items as identified in the Schedule, insert "See Schedule" in this table.)
(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment
Number ______.
(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ______.
(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identified for traceability.
(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.
(3) The unique item identified component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology - International symbology specification - Data matrix; ECC200 data matrix specification.
(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that--
(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:
(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact
Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and
(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International
Standard 15434, Information Technology--Transfer Syntax for High Capacity Automatic Data Capture Media.
(5) Unique item identifier.
(i) The Contractor shall--
(A) Determine whether to--
(1) Serialize within the enterprise identifier;
(2) Serialize within the part, lot, or batch number; or
(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and
(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;
(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and
(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.
(ii) The issuing agency code--
(A) Shall not be placed on the item; and
(B) Shall be derived from the data qualifier for the enterprise identifier.
(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, either as part of the Material Inspection and Receiving Report, the following information:
(1) Unique item identifier.
(2) Unique item identifier type.
(3) Issuing agency code (if concatenated unique item identifier is used).
(4) Enterprise identifier (if concatenated unique item identifier is used).
(5) Original part number (if there is serialization within the original part number).
(6) Lot or batch number (if there is serialization within the lot or batch number).
(7) Current part number (optional and only if not the same as the original part number).
(8) Current part number effective date (optional and only if current part number is used).
(9) Serial number (if concatenated unique item identifier is used).
(10) Government's unit acquisition cost.
(11) Unit of measure.
(12) Type designation of the item as specified in the contract schedule, if any.
(13) Whether the item is an item of Special Tooling or Special Test Equipment.
(14) Whether the item is covered by a warranty.
(e) For embedded subassemblies, components, and parts that require DoD unique item identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the
Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:
(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.
(2) Unique item identifier of the embedded subassembly, component, or part.
(3) Unique item identifier type.**
(4) Issuing agency code (if concatenated unique item identifier is used).**
(5) Enterprise identifier (if concatenated unique item identifier is used).**
(6) Original part number (if there is serialization within the original part number).**
(7) Lot or batch number (if there is serialization within the lot or batch number).**
(8) Current part number (optional and only if not the same as the original part number).**
(9) Current part number effective date (optional and only if current part number is used).**
(10) Serial number (if concatenated unique item identifier is used).**
(11) Description.
** Once per item.
(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:
(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.
(2) Embedded items shall be reported by one of the following methods--
(i) Use of the embedded items capability in WAWF;
(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or
(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) _____, Unique Item
Identified Report for Embedded Items, Contract Data Requirements List, DD Form 1423.
(g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items.
5252.247-9507 PACKAGING AND MARKING OF REPORTS (NAVAIR) (OCT 2005)
(a) All unclassified data shall be prepared for shipment in accordance with best commercial practice. Classified reports, data and documentation, if any, shall be prepared for shipment in accordance with the National Industry
Security Program Operating Manual, DoD 5220.22-M.
(b) The contractor shall prominently display on the cover of each report the following information:
(1) Name and business address of contractor.
(2) Contract Number/Delivery/Task order number.
(3) Contract/Delivery/Task order dollar amount.
(4) Whether the contract was competitively or non-competitively awarded.
(5) Name of sponsoring individual.
(6) Name and address of requiring activity.
5252.247-9508 PROHIBITED PACKING MATERIALS (NAVAIR) (JUN 1998)
The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.
5252.247-9509 PRESERVATION, PACKAGING, PACKING AND MARKING (NAVAIR)(JUL 1998)
(a) Preservation, packaging and packing shall conform to prevailing industry standards for the type of commodity purchased under this contract.
(b) All packages will be clearly marked with applicable contract number/delivery order number, and will contain appropriate packing slip. All deliveries will be marked for and/or consigned as follows:
In accordance with the SPI Statement of Work (Section J)
(c) In the event of any discrepancy in material shipped (overage, technical rejection, damage), the contractor shall, immediately upon request of the Contracting Officer, furnish disposition instructions. Normally, such disposition instruction shall be a properly completed Commercial Bill of Lading, which includes, but is not limited to, the mode of shipment, routing, special handling, and so forth.
(d) If the contractor is required to install equipment upon delivery, then the contractor shall inform the
Government of the date of shipment from the contractor’s facilities and the anticipated date of arrival at the site.
This report shall be made no later than the actual date that the shipment is made from the contractor’s facilities. The report may be made by facsimile or e-mail, to the point of contact listed in Section G. All transportation, rigging, drayage, packing, unpacking, and handling necessary to accomplish the installation shall be the responsibility of the contractor.
5252.247-9514 TECHNICAL DATA PACKING INSTRUCTIONS (NAVAIR) (SEP 1999)
Technical Data and Information shall be packed and packaged for domestic shipment in accordance with best commercial practices. The package or envelope should be clearly marked with any special markings specified in this contract (or delivery/task order), e.g., Contract Number, CLIN, Device No., and document title must be on the outside of the package. Classified reports, data and documentation, if applicable, shall be prepared for shipment in accordance with Defense Industrial Manual for Safeguarding Classified Information, DoD 5220.22M.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Origin Government Origin Government
0003 Origin Government Origin Government
0004 Origin Government Origin Government
0005 Destination Government Destination Government
0006 Destination Government Destination Government
0007 Destination Government Destination Government
0008 Destination Government Destination Government
0009 Destination Government Destination Government
0010 Destination Government Destination Government
0011 Destination Government Destination Government
0012 Destination Government Destination Government
0013 Destination Government Destination Government
0014 Destination Government Destination Government
0015 Destination Government Destination Government
0016 Destination Government Destination Government
0017 Destination Government Destination Government
0018 Destination Government Destination Government
0019 Destination Government Destination Government
0020 Destination Government Destination Government
0021 Destination Government Destination Government
0022 Destination Government Destination Government
0023 Destination Government Destination Government
0024 Destination Government Destination Government
0025 Destination Government Destination Government
0026 Destination Government Destination Government
0027 Destination Government Destination Government
0028 Destination Government Destination Government
0029 Destination Government Destination Government
0030 Destination Government Destination Government
0031 Destination Government Destination Government
0032 Destination Government Destination Government
0033 Destination Government Destination Government
0034 Destination Government Destination Government
0035 Destination Government Destination Government
0036 Destination Government Destination Government
0037 Destination Government Destination Government
0038 Destination Government Destination Government
0039 Destination Government Destination Government
0040 Destination Government Destination Government
0041 Destination Government Destination Government
0042 Destination Government Destination Government
0043 Destination Government Destination Government
0044 Destination Government Destination Government
0045 Destination Government Destination Government
0046 Destination Government Destination Government
0047 Destination Government Destination Government
0048 Destination Government Destination Government
0049 Destination Government Destination Government
0050 Destination Government Destination Government
0051 Destination Government Destination Government
0052 Destination Government Destination Government
52.246-2 Inspection Of Supplies--Fixed Price AUG 1996
52.246-16 Responsibility For Supplies APR 1984
252.246-7000 Material Inspection And Receiving Report MAR 2008
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 the cognizant DCMA representative for Origin line items and the NAVAIR Procuring Contracting Officer (PCO) or his duly authorized representative, for Destination line items.
(b) Acceptance of all Contract Line Items/Sub Line Items (CLINs/SLINs) shall be made by signature of the accepting authority on a DD 250 submitted through the WAWF system. Acceptance will only occur when the accepting authority is sure that inspections performed demonstrate compliance with contract requirements.
5252.246-9514 INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION
(NAVAIR) (FEB 1995)
Inspection and acceptance of technical data and information will be performed by the Procuring Contracting
Officer (PCO) or his duly authorized representative. Inspection of technical data and information will be performed by ensuring successful completion of the requirements set forth in the DD Form 1423, Contract Data Requirements
List (CDRL) and incorporation/resolution of Government review comments on the data items. Acceptance will be evidenced by execution of an unconditional DD Form 250, Material Inspection and Receiving Report, as appropriate, and/or upon receipt of a second endorsement acceptance by the PCO on the attachment to this contract entitled [insert title of attachment, e.g., NAWCTSD 4330/60 Data Item Transmittal/Acceptance/ Rejection Form].
The attached form will not be used for high cost data such as drawings, specifications, and technical manuals.
5252.246-9517 CONSTRUCTIVE ACCEPTANCE PERIOD (NAVAIR) (MAR 1999)
For the purpose of FAR Clause 52.232-25, “Prompt Payment”, paragraph (a)(5)(i), Government acceptance shall be deemed to have occurred constructively on the [30 th
] day after the contractor delivered the supplies or performed the services for all SPI System Production Ordering Periods, except Delivery Order #0001 (CLIN 0001 – PPUs).
Section F - Deliveries or Performance
SUPPLEMENTAL DELIVERY INFO
Supplemental Delivery Information:
Delivery Order’s that are placed under contract number TBD, shall be completed in consecutive order. Deliveries of units are at a rate of two (2) SPI System production units per month, starting 60 days after receipt of Delivery Order, except Delivery Order #0001 – SPI System PPUs (CLIN 0001). Early deliveries are acceptable at no additional cost to the Government.
52.211-17 Delivery of Excess Quantities SEP 1989
52.242-15 Stop-Work Order AUG 1989
52.242-17 Government Delay Of Work APR 1984
52.247-30 F.O.B. Origin, Contractor's Facility FEB 2006
52.247-34 F.O.B. Destination NOV 1991
52.247-63 Preference For U.S. Flag Air Carriers JUN 2003
52.211-8 TIME OF DELIVERY (JUN 1997)
(a) The Government requires delivery to be made according to the following schedule:
REQUIRED DELIVERY SCHEDULE
WITHIN DAYS AFTER
ITEM NO. QUANTITY DATE OF CONTRACT
0001 2 450
0002 *24 TBD *(2 SPI System Production Units per month starting 60 days after receipt of
Delivery Order - Ordering Period One (1)
0003 *24 TBD *(2 SPI System Production Units per month starting 60 days after receipt of
Delivery Order - Ordering Period Two (2)
0004 2 60 days after receipt of Delivery Order thru
0052 1 as required (see CDRLs/SOW/System Specification)
The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above will be considered nonresponsive and rejected. The
Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.
OFFEROR'S PROPOSED DELIVERY SCHEDULE
WITHIN DAYS AFTER
ITEM NO. QUANTITY DATE OF CONTRACT
(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror, results in a binding contract. The
Government will mail or otherwise furnish to the offeror an award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term
“working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.
5252.216-9506 MINIMUM AND MAXIMUM QUANTITIES (NAVAIR) (MAR 1999)
As referred to in paragraph (b) of FAR 52.216-22 " Indefinite Quantity" of this contract, the contract minimum quantity is two (2) each SPI System PPUs; the maximum quantity is 50 each SPI System production units, inclusive of the two (2) PPUs, PPU refurbishment and all associated technical data.
5252.247-9505 TECHNICAL DATA AND INFORMATION (NAVAIR) (FEB 1995)
Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data
Requirements List, DD Form 1423, Exhibits [A & B], embedded in the SPI SOW hereto (Section J), and the following:
(a) The contractor shall concurrently deliver technical data and information per DD Form 1423, Blocks 12 and 13
(date of first/subsequent submission) to all activities listed in Block 14 of the DD Form 1423 (distribution and addresses) for each item. Complete addresses for the abbreviations in Block 14 are shown in paragraph (g) below.
Additionally, the technical data shall be delivered to the following cognizant codes, who are listed in Block 6 of the
DD Form 1423.
(1) PCO, Code 2.5.2.1.2.
(2) ACO, Code TBD.
(b) Partial delivery of data is not acceptable unless specifically authorized on the DD Form 1423, or unless approved in writing by the PCO.
(c) The Government review period provided on the DD Form 1423 for each item commences upon receipt of all required data by the technical activity designated in Block 6.
(d) A copy of all other correspondence addressed to the Contracting Officer relating to data item requirements
(i.e., status of delivery) shall also be provided to the codes reflected above and the technical activity responsible for the data item per Block 6, if not one of the activities listed above.
(e) The PCO reserves the right to issue unilateral modifications to change the destination codes and addresses for all technical data and information at no additional cost to the Government.
(f) Unless otherwise specified in writing, rejected data items shall be resubmitted within thirty (30) days after receipt of notice of rejection.
(g) DD Form 1423, Block 14 Mailing Addresses: see CDRLs.
Section G - Contract Administration Data
252.204-7006 Billing Instructions OCT 2005
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006
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).
________________________COMBO___________________________________________________
(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.
_______________________________Per Section E____________________________________________
(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: _____TBD________________
Issue By DoDAAC: _____N68335 _____________
Admin DoDAAC: _____TBD________________
Inspect By DoDAAC: _____TBD________________
Ship To Code: _____TBD________________
Ship From Code: _____TBD________________
Mark For Code: _____TBD________________
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.
_________TBD___________________________________________________________________
(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.
5252.204-9503 EXPEDITING CONTRACT CLOSEOUT (NAVAIR) (JAN 2007)
(a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the
Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $1,000 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party might be considered to the extent permitted by law.
(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties.
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