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N68335-15-R-0210
Section A - Solicitation/Contract Form
PROCUREMENT INFORMATION
Government Contract Specialist:
Ms. Shannan Germond
PHONE: (732) 323-2778
E-MAIL: Shannan.Germond@navy.mil
1. This solicitation is 100% Small Business Set-Aside.
2. The purpose of this contract action is to procure Main Rotor Blade (MRB) Transporation Carts, P/N 65720-15009-041, for the H-53 Program.
3. It is anticipated that this will be a Firm Fixed Price (FFP) type contract.
4. This contract will NOT include contract financing, including performance based payments or progress payments.
5. 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.
6. Proposal validity shall be for 180 days or longer as annotated by the Offeror in Block 12 of the coverage page of the SF33.
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
First Article - MRB Cart
FFP
First Article Main Rotor Blade Transporation Cart, P/N 65720-15009-041.
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| OPTION |
| Production Units - MRB Cart |
FFP
Production Units - Main Rotor Blade Transporation Cart, P/N 65720-15009-041.
NET AMT
Section C - Descriptions and Specifications
STATEMENT OF WORK
H-53E Statement of Work on Solicitation/Contract for:
Main Rotor Blade Transportation Cart
1.0 SCOPE
1.1 Purpose. This Statement of Work (SOW) identifies the requirement for the manufacture of Main Rotor Blade Transportation Cart in accordance with the identified part number in Appendix A – Government Drawings in support of the H-53 Program. The required part number is listed as follows:
| Part Number |
| NIIN |
| NOMENCLATURE |
| Quantity |
| 65720-15009-041 |
| 011708002 |
| MRB Transportation Cart |
| 15 |
2.0 APPLICABLE DOCUMENTS
2.1 Government Documents.
Government Drawing: 65720-15009-041 is provided for the manufacture of part number identified above.
3.0 FIRST ARTICLE UNITS
The contractor shall manufacture and deliver one (1) First Article Unit of the required part. Delivery of the first article unit shall be within 365 days after contract award. The offeror shall provide detailed tracking information to the government when shipped. FOB is Destination.
NOTE: Request that the offeror DO NOT mark the first article delivered as “First Article Test”.
4.0 PRODUCTION/OPTION UNITS
The contractor shall manufacture and deliver 14 production units of the required part. Delivery shall be within 365 days after first article approval. The offeror shall provide detailed tracking information to the government when shipped. FOB is Destination.
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. |
| 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: |
H-53 Program
| (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. |
Section E - Inspection and Acceptance
INSPECTION & ACCEPTANCE TERMS
1.0 Inspection and Acceptance Terms of First Article Units.
A quantity of one (1), First Article Unit, of required part number shall be provided to the Government for first article testing and acceptance to ensure the product meets all specifications and is manufactured in accordance with the Government drawings. The testing shall be performed by the Government 4.8 Engineering group at FRC-East, MCAS Cherry Point, NC. The testing shall be completed and a written evaluation provided within 60 days of receipt at FRC-East, MCAS Cherry Point, NC. If the Government determines that the unit does not pass inspection requirements and is not acceptable, the Government shall provide written notice within 30 days of FAT report, of the discrepancies that are required to be corrected by the manufacturer. All costs associated with the correction of discrepancies to units including shipping costs shall be the responsibility of the manufacturer.
2.0 Production Units.
Once pre-production unit/FAT unit is accepted by the Government, the contractor will be notified to proceed with the manufacture and delivery of the production units to FRCE Cherry Point, NC, via modification to exercise the option.
The offeror shall provide detailed tracking information to the government when shipped. FOB is Destination.
2.1 Inspection and Acceptance Terms of Production Units.
Inspection and acceptance of the production quantity shall be performed by DCMA at the contractor’s facility.
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 |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-2 |
| Inspection Of Supplies--Fixed Price |
| AUG 1996 |
| 5252.246-9512 | INSPECTION AND ACCEPTANCE (NAVAIR) (OCT 2005) |
| (a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by the 4.8 engineering group. |
| (b) Acceptance of all Contract Line Items/Sub Line Items (CLINs/SLINs) shall be made by signature of the accepting authority on a DD 250 submitted through the WAWF system. Acceptance will only occur when the accepting authority is sure that inspections performed demonstrate compliance with contract requirements. |
Section F - Deliveries or Performance
ADDITIONAL DELIVERY INFO
Delivery of the first article unit for CLIN 0001 shall be 12 months after contract award.
Delivery of the production units for CLIN 0002 shall be 12 months after the option is exercised. The manufacturer shall provide detailed tracking information to the Government once parts are shipped. FOB is Destination.
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC |
| 0001 |
| 12 mths. ADC |
| 1 |
| 4.5.11 |
CLAY FOGEL
FRC EAST CHERRY POINT
BLDG 159 BAY R4
MCAS CHERRY POINT NC 28532
252-464-7060
N65923
| 0002 |
| 12 mths. AFATA |
| 14 |
| (SAME AS PREVIOUS LOCATION) |
N65923
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.242-17 |
| Government Delay Of Work |
| APR 1984 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| 52.247-48 |
| F.O.B. Destination--Evidence Of Shipment |
| FEB 1999 |
Section G - Contract Administration Data
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 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
| (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. |
| See Section E. | |
| (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: | | N68335 | |
| Inspect By DoDAAC: | | N65923 & DCMA for production units | |
| Ship To Code: | | | N65923 |
| Ship From Code: | | TBD | |
| Mark For Code: | | ______ | |
| Service Approver (DoDAAC): | N/A | | |
| Service Acceptor (DoDAAC): | N/A | | |
| Accept at Other DoDAAC: | N/A | | |
| LPO DoDAAC: | | N/A | |
| DCAA Auditor DoDAAC: | N/A | | |
| (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. |
Brian.McGinley@navy.mil
(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
| 52.202-1 |
| Definitions |
| NOV 2013 |
| 52.203-5 |
| Covenant Against Contingent Fees |
| MAY 2014 |
| 52.203-6 |
| Restrictions On Subcontractor Sales To The Government |
| SEP 2006 |
| 52.203-7 |
| Anti-Kickback Procedures |
| MAY 2014 |
| 52.203-8 |
| Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity |
| MAY 2014 |
| 52.203-17 |
| Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights |
| APR 2014 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| JUL 2013 |
| 52.204-13 |
| System for Award Management Maintenance |
| JUL 2013 |
| 52.209-9 |
| Updates of Publicly Available Information Regarding Responsibility Matters |
| JUL 2013 |
| 52.209-10 |
| Prohibition on Contracting With Inverted Domestic Corporations |
| DEC 2014 |
| 52.211-5 |
| Material Requirements |
| AUG 2000 |
| 52.215-8 |
| Order of Precedence--Uniform Contract Format |
| OCT 1997 |
| 52.215-10 |
| Price Reduction for Defective Certified Cost or Pricing Data |
| AUG 2011 |
| 52.215-12 |
| Subcontractor Certified Cost or Pricing Data |
| OCT 2010 |
| 52.215-14 |
| Integrity of Unit Prices |
| OCT 2010 |
| 52.215-15 |
| Pension Adjustments and Asset Reversions |
| OCT 2010 |
| 52.215-18 |
| Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions |
| JUL 2005 |
| 52.219-6 |
| Notice Of Total Small Business Set-Aside |
| NOV 2011 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| OCT 2014 |
| 52.219-14 |
| Limitations On Subcontracting |
| NOV 2011 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-19 |
| Child Labor -- Cooperation with Authorities and Remedies |
| JAN 2014 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-26 |
| Equal Opportunity |
| APR 2015 |
| 52.222-35 |
| Equal Opportunity for Veterans |
| JUL 2014 |
| 52.222-37 |
| Employment Reports on Veterans |
| JUL 2014 |
| 52.222-50 |
| Combating Trafficking in Persons |
| MAR 2015 |
| 52.222-54 |
| Employment Eligibility Verification |
| AUG 2013 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.227-1 |
| Authorization and Consent |
| DEC 2007 |
| 52.227-2 |
| Notice And Assistance Regarding Patent And Copyright Infringement |
| DEC 2007 |
| 52.229-3 |
| Federal, State And Local Taxes |
| FEB 2013 |
| 52.232-1 |
| Payments |
| APR 1984 |
| 52.232-8 |
| Discounts For Prompt Payment |
| FEB 2002 |
| 52.232-9 |
| Limitation On Withholding Of Payments |
| APR 1984 |
| 52.232-11 |
| Extras |
| APR 1984 |
| 52.232-17 |
| Interest |
| MAY 2014 |
| 52.232-23 Alt I |
| Assignment of Claims (May 2014) - Alternate I |
| APR 1984 |
| 52.232-25 |
| Prompt Payment |
| JUL 2013 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| JUL 2013 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.243-1 |
| Changes--Fixed Price |
| AUG 1987 |
| 52.244-6 |
| Subcontracts for Commercial Items |
| APR 2015 |
| 52.246-23 |
| Limitation Of Liability |
| FEB 1997 |
| 52.249-2 |
| Termination For Convenience Of The Government (Fixed-Price) |
| APR 2012 |
| 52.249-8 |
| Default (Fixed-Price Supply & Service) |
| APR 1984 |
| 52.253-1 |
| Computer Generated Forms |
| JAN 1991 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7001 |
| Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies |
| DEC 2008 |
| 252.203-7005 |
| Representation Relating to Compensation of Former DoD Officials |
| NOV 2011 |
| 252.204-7004 Alt A |
| System for Award Management Alternate A |
| FEB 2014 |
| 252.204-7012 |
| Safeguarding of Unclassified Controlled Technical Information |
| AUG 2015 |
| 252.209-7004 |
| Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism |
| DEC 2014 |
| 252.209-7005 |
| Reserve Officer Training Corps and Military Recruiting on Campus |
| MAR 2012 |
| 252.211-7000 |
| Acquisition Streamlining |
| OCT 2010 |
| 252.215-7000 |
| Pricing Adjustments |
| DEC 2012 |
| 252.215-7002 |
| Cost Estimating System Requirements |
| DEC 2012 |
| 252.219-7011 |
| Notification to Delay Performance |
| JUN 1998 |
| 252.223-7004 |
| Drug Free Work Force |
| SEP 1988 |
| 252.223-7008 |
| Prohibition of Hexavalent Chromium |
| JUN 2013 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| DEC 2012 |
| 252.225-7008 |
| Restriction on Acquisition of Specialty Metals |
| MAR 2013 |
| 252.225-7009 |
| Restriction on Acquisition of Certain Articles Containing Specialty Metals |
| OCT 2014 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| FEB 2013 |
| 252.225-7013 |
| Duty-Free Entry--Basic (Nov 2014) |
| NOV 2014 |
| 252.225-7016 |
| Restriction On Acquisition Of Ball and Roller Bearings |
| JUN 2011 |
| 252.225-7025 |
| Restriction on Acquisition of Forgings |
| DEC 2009 |
| 252.225-7026 |
| Acquisition Restricted to Products or Services from Afghanistan |
| SEP 2013 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.227-7016 |
| Rights in Bid or Proposal Information |
| JAN 2011 |
| 252.231-7000 |
| Supplemental Cost Principles |
| DEC 1991 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.239-7001 |
| Information Assurance Contractor Training and Certification |
| JAN 2008 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| DEC 2012 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| APR 2014 |
| 252.249-7002 |
| Notification of Anticipated Contract Termination or Reduction |
| OCT 2010 |
| 52.219-28 | POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) | | |
| (a) Definitions. As used in this clause-- | | |
| Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. | | |
| Small business concern 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 333924 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
| 52.243-7 | NOTIFICATION OF CHANGES (APR 1984) | |
| (a) Definitions. "Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer. "Specifically authorized representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority. | |
| (b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing, within calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state-- | |
| | (1) The date, nature, and circumstances of the conduct regarded as a change; |
| | (2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct; |
| | (3) The identification of any documents and the substance of any oral communication involved in such conduct; |
| | (4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose; |
| | (5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including-- |
| (i) What contract line items have been or may be affected by the alleged change; | |
| (ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change; | |
| (iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change; | |
| (iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and | |
| | (6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance. |
| (c) Continued performance. Following submission of the notice required by (b) above, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in (b) above, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall countermand any action which exceeds the authority of the SAR. | |
| (d) Government response. The Contracting Officer shall promptly, within calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either-- | |
| | (1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; |
| | (2) Countermand any communication regarded as a change; |
| | (3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or |
| | (4) In the event the Contractor's notice information is inadequate to make a decision under (1), (2), or (3) above, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond. |
| (e) Equitable adjustments. | |
| | (1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made-- |
| (i) In the contract price or delivery schedule or both; and | |
| (ii) In such other provisions of the contract as may be affected. | |
| | (2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in (b) and (c) above. |
NOTE: The phrases "contract price" and "cost" wherever they appear in the clause, may be appropriately modified to apply to cost- reimbursement or incentive contracts, or to combinations thereof.
| 52.246-17 | WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003) | | | |
| (a) Definitions. As used in this clause-- | | | |
| "Acceptance" means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract. | | | |
| "Supplies" means the end items furnished by the Contractor and related services required under the contract. The word does not include "data." | | | |
| (b) Contractor's obligations. | | | |
| | (1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for one (1) year after delivery-- | | |
| | | (i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and | |
| | | (ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract. | |
| | (2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return. | | |
| | (3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies. | | |
| | (4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract. | | |
| (c) Remedies available to the Government. | | | |
| | (1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 45 days after discovery of the defect. | | |
| | (2) Within a reasonable time after the notice, the Contracting Officer may either -- | | |
| | | (i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or | |
| | | (ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances. | |
| | (3)(i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer -- | | |
| | | | (A) May, for sampling purposes, group any supplies delivered under this contract; |
| | | | (B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed; |
| | | | (C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and |
| | | | (D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots. |
| | | (ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options: | |
| | | | (A) Require an equitable adjustment in the contract price for any group of supplies. |
| | | | (B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement. |
| | | | (C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies. |
| | | | (D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement. |
| | (4)(i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor -- | | |
| | | | (A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or |
| | | | (B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure. |
| | | (ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred. | |
| | (5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract. | | |
| 52.248-1 | VALUE ENGINEERING (OCT 2010) | | |
| (a) General. The Contractor is encouraged to develop, prepare, and submit value engineering change proposals (VECP's) voluntarily. The Contractor shall share in any net acquisition savings realized from accepted VECP's, in accordance with the incentive sharing rates in paragraph (f) below. | | |
| (b) Definitions. | | |
| "Acquisition savings,'' as used in this clause, means savings resulting from the application of a VECP to contracts awarded by the same contracting office or its successor for essentially the same unit. Acquisition savings include-- | | |
| | (1) Instant contract savings, which are the net cost reductions on this, the instant contract, and which are equal to the instant unit cost reduction multiplied by the number of instant contract units affected by the VECP, less the Contractor's allowable development and implementation costs; | |
| | (2) Concurrent contract savings, which are net reductions in the prices of other contracts that are definitized and ongoing at the time the VECP is accepted; and | |
| | (3) Future contract savings, which are the product of the future unit cost reduction multiplied by the number of future contract units in the sharing base. On an instant contract, future contract savings include savings on increases in quantities after VECP acceptance that are due to contract modifications, exercise of options, additional orders, and funding of subsequent year requirements on a multiyear contract. | |
| "Collateral savings," as used in this clause, means those measurable net reductions resulting from a VECP in the agency's overall projected collateral costs, exclusive of acquisition savings, whether or not the acquisition cost changes. | | |
| "Contracting office" includes any contracting office that the acquisition is transferred to, such as another branch of the agency or another agency's office that is performing a joint acquisition action. | | |
| "Contractor's development and implementation costs," as used in this clause, means those costs the Contractor incurs on a VECP specifically in developing, testing, preparing, and submitting the VECP, as well as those costs the Contractor incurs to make the contractual changes required by Government acceptance of a VECP. | | |
| "Future unit cost reduction," as used in this clause, means the instant unit cost reduction adjusted as the Contracting Officer considers necessary for projected learning or changes in quantity during the sharing period. It is calculated at the time the VECP is accepted and applies either-- | | |
| | (1) Throughout the sharing period, unless the Contracting Officer decides that recalculation is necessary because conditions are significantly different from those previously anticipated; or | |
| | (2) To the calculation of a lump-sum payment, which cannot later be revised. | |
| "Government costs," as used in this clause, means those agency costs that result directly from developing and implementing the VECP, such as any net increases in the cost of testing, operations, maintenance, and logistics support. The term does not include the normal administrative costs of processing the VECP or any increase in this contract's cost or price resulting from negative instant contract savings. | | |
| "Instant contract," as used in this clause, means this contract, under which the VECP is submitted. It does not include increases in quantities after acceptance of the VECP that are due to contract modifications, exercise of options, or additional orders. If this is a multiyear contract, the term does not include quantities funded after VECP acceptance. If this contract is a fixed-price contract with prospective price redetermination, the term refers to the period for which firm prices have been established. | | |
| "Instant unit cost reduction" means the amount of the decrease in unit cost of performance (without deducting any Contractor's development or implementation costs) resulting from using the VECP on this, the instant contract. If this is a service contract, the instant unit cost reduction is normally equal to the number of hours per line-item task saved by using the VECP on this contract, multiplied by the appropriate contract labor rate. | | |
| "Negative instant contract savings" means the increase in the cost or price of this contract when the acceptance of a VECP results in an excess of the Contractor's allowable development and implementation costs over the product of the instant unit cost reduction multiplied by the number of instant contract units affected. | | |
| "Net acquisition savings" means total acquisition savings, including instant, concurrent, and future contract savings, less Government costs. | | |
| "Sharing base," as used in this clause, means the number of affected end items on contracts of the contracting office accepting the VECP. | | |
| "Sharing period," as used in this clause, means the period beginning with acceptance of the first unit incorporating the VECP and ending at a calendar date or event determined by the contracting officer for each VECP. | | |
| "Unit," as used in this clause, means the item or task to which the Contracting Officer and the Contractor agree the VECP applies. | | |
| "Value engineering change proposal (VECP)" means a proposal that-- | | |
| | (1) Requires a change to this, the instant contract, to implement; and | |
| | (2) Results in reducing the overall projected cost to the agency without impairing essential functions or characteristics; provided, that it does not involve a change-- | |
| | | (i) In deliverable end item quantities only; |
| | | (ii) In research and development (R&D) end items or R&D test quantities that is due solely to results of previous testing under this contract; or |
| | | (iii) To the contract type only. |
| (c) VECP preparation. As a minimum, the Contractor shall include in each VECP the information described in subparagraphs (c)(1) through (8) below. If the proposed change is affected by contractually required configuration management or similar procedures, the instructions in those procedures relating to format, identification, and priority assignment shall govern VECP preparation. The VECP shall include the following: | | |
| | (1) A description of the difference between the existing contract requirement and the proposed requirement, the comparative advantages and disadvantages of each, a justification when an item's function or characteristics are being altered, the effect of the change on the end item's performance, and any pertinent objective test data. | |
| | (2) A list and analysis of the contract requirements that must be changed if the VECP is accepted, including any suggested specification revisions. | |
| | (3) Identification of the unit to which the VECP applies. | |
| | (4) A separate, detailed cost estimate for (i) the affected portions of the existing contract requirement and (ii) the VECP. The cost reduction associated with the VECP shall take into account the Contractor's allowable development and implementation costs, including any amount attributable to subcontracts under the Subcontracts paragraph of this clause, below. | |
| | (5) A description and estimate of costs the Government may incur in implementing the VECP, such as test and evaluation and operating and support costs. | |
| | (6) A prediction of any effects the proposed change would have on collateral costs to the agency. | |
| | (7) A statement of the time by which a contract modification accepting the VECP must be issued in order to achieve the maximum cost reduction, noting any effect on the contract completion time or delivery schedule. | |
| | (8) Identification of any previous submissions of the VECP, including the dates submitted, the agencies and contract numbers involved, and previous Government actions, if known. | |
| (d) Submission. The Contractor shall submit VECP's to the Contracting Officer, unless this contract states otherwise. If this contract is administered by other than the contracting office, the Contractor shall submit a copy of the VECP simultaneously to the Contracting Officer and to the Administrative Contracting Officer. | | |
| (e) Government action. (1) The Contracting Officer will notify the Contractor of the status of the VECP within 45 calendar days after the contracting office receives it. If additional time is required, the Contracting Officer shall notify the Contractor within the 45-day period and provide the reason for the delay and the expected date of the decision. The Government will process VECP's expeditiously; however, it shall not be liable for any delay in acting upon a VECP. | | |
| | (2) If the VECP is not accepted, the Contracting Officer will notify the Contractor in writing, explaining the reasons for rejection. The Contractor may withdraw any VECP, in whole or in part, at any time before it is accepted by the Government. The Contracting Officer may require that the Contractor provide written notification before undertaking significant expenditures for VECP effort. | |
| | (3) Any VECP may be accepted, in whole or in part, by the Contracting Officer's award of a modification to this contract citing this clause and made either before or within a reasonable time after contract performance is completed. Until such a contract modification applies a VECP to this contract, the Contractor shall perform in accordance with the existing contract. The decision to accept or reject all or part of any VECP is a unilateral decision made solely at the discretion of the Contracting Officer. | |
| (f) Sharing rates. If a VECP is accepted, the Contractor shall share in net acquisition savings according to the percentages shown in the table below. The percentage paid the Contractor depends upon-- | | |
| | (1) This contract's type (fixed-price, incentive, or cost-reimbursement); | |
| | (2) The sharing arrangement specified in paragraph (a) above (incentive, program requirement, or a combination as delineated in the Schedule); and | |
| | (3) The source of the savings (the instant contract, or concurrent and future contracts), as follows: | |
CONTRACTOR'S SHARE OF NET ACQUISITION SAVINGS
(Figures in percent)
| Incentive (Voluntary) |
| Program Requirement (Mandatory) |
| Contract Type |
| Instant Contract Rate |
| Concurrent and Future Contract Rate |
| Instant Contract Rate |
| Concurrent and Future Contract Rate |
| Fixed-price (includes fixed-price-award-fee; excludes other fixed-price incentive contracts) |
| (1) 50 |
| (1) 50 |
| 25 |
| 25 |
| Incentive (fixed-price or cost)(other than award fee) |
| (2) |
| (1) 50 |
| (2) |
| 25 |
| Cost-reimbursement ([includes cost-plus-award-fee; excludes other cost-type incentive Contracts]) |
| (3) 25 |
| (3) 25 |
| 15 |
| 15 |
| (1) The Contracting Officer may increase the Contractor's sharing rate to as high as 75 percent for each VECP. |
| (2) Same sharing arrangement as the contract's profit or fee adjustment formula. |
| (3) The Contracting Officer may increase the Contractor's sharing rate to as high as 50 percent for each VECP. |
| (g) Calculating net acquisition savings. (1) Acquisition savings are realized when (i) the cost or price is reduced on the instant contract, (ii) reductions are negotiated in concurrent contracts, (iii) future contracts are awarded, or (iv) agreement is reached on a lump-sum payment for future contract savings (see subparagraph (i)(4) below). Net acquisition savings are first realized, and the Contractor shall be paid a share, when Government costs and any negative instant contract savings have been fully offset against acquisition savings. | | |
| (2) Except in incentive contracts, Government costs and any price or cost increases resulting from negative instant contract savings shall be offset against acquisition savings each time such savings are realized until they are fully offset. Then, the Contractor's share is calculated by multiplying net acquisition savings by the appropriate Contractor's percentage sharing rate (see paragraph (f) of this clause). Additional Contractor shares of net acquisition savings shall be paid to the Contractor at the time realized. | |
| (3) If this is an incentive contract, recovery of Government costs on the instant contract shall be deferred and offset against concurrent and future contract savings. The Contractor shall share through the contract incentive structure in savings on the instant contract items affected. Any negative instant contract savings shall be added to the target cost or to the target price and ceiling price, and the amount shall be offset against concurrent and future contract savings. | |
| (4) If the Government does not receive and accept all items on which it paid the Contractor's share, the Contractor shall reimburse the Government for the proportionate share of these payments. | |
| (h) Contract adjustment. The modification accepting the VECP (or a subsequent modification issued as soon as possible after any negotiations are completed) shall-- | | |
| (1) Reduce the contract price or estimated cost by the amount of instant contract savings, unless this is an incentive contract; | |
| (2) When the amount of instant contract savings is negative, increase the contract price, target price and ceiling price, target cost, or estimated cost by that amount; | |
| (3) Specify the Contractor's dollar share per unit on future contracts, or provide the lump-sum payment; | |
| (4) Specify the amount of any Government costs or negative instant contract savings to be offset in determining net acquisition savings realized from concurrent or future contract savings; and | |
| (5) Provide the Contractor's share of any net acquisition savings under the instant contract in accordance with the following: | |
| | (i) Fixed-price contracts--add to contract price. |
| | (ii) Cost-reimbursement contracts--add to contract fee. |
| (i) Concurrent and future contract savings. | | |
| (1) Payments of the Contractor's share of concurrent and future contract savings shall be made by a modification to the instant contract in accordance with subparagraph (h)(5) above. For incentive contracts, shares shall be added as a separate firm-fixed-price line item on the instant contract. The Contractor shall maintain records adequate to identify the first delivered unit for 3 years after final payment under this contract. | |
| (2) The Contracting Officer shall calculate the Contractor's share of concurrent contract savings by-- | |
| | (i) Subtracting from the reduction in price negotiated on the concurrent contract any Government costs or negative instant contract savings not yet offset; and |
| | (ii) Multiplying the result by the Contractor's sharing rate. |
| (3) The Contracting Officer shall calculate the Contractor's share of future contract savings by-- | |
| | (i) Multiplying the future unit cost reduction by the number of future contract units scheduled for delivery during the sharing period; |
| | (ii) Subtracting any Government costs or negative instant contract savings not yet offset; and |
| | (iii) Multiplying the result by the Contractor's sharing rate. |
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