N68335-16-R-0282_RFP_ARS_PITS.docx

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New TTU-571/E Power Interface Test Set (PITS) and a new Jumper Cable Assembly
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N68335-16-R-0282
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RFP N68335-16-R-0282 New TTU-571/E PITS and Jumper Cable Assembly

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N68335-16-R-0282

Section A - Solicitation/Contract Form

POC

CONTRACT SPECIALIST

Sarah Lowell Phone: 732-323-1830 Email: sarah.lowell@navy.mil

TECHNICAL POINT OF CONTACT

TBD

This solicitation is for a five (5) year Indefinite Delivery, Indefinite Quantity (IDIQ) type contract for the procurement of TTU-571/E Power Interface Test Set (PITS) and TTU-571/E PITS Jumper cable assembly and all associated data items in support of the A/A42R-1 Air Refueling Store Avionics Upgrade Program for the F-18.

In accordance with NAVAIR clause 5252.216-9506, the contract minimum quantity is 2 each CLIN 0001 First Article/Pilot Production Units TTU-571/E PITS and CLIN 0002 First Article /Pilot Production Units TTU-571/E PITS Jumper Cable Assembly; the maximum quantity is a total of 90 each production units (CLINs 0003 and 0004) and all associated data items (CLINs 0005 – 0044).

In accordance with NAVAIR clause 5252.211-9509, the Contractor’s Technical Proposal dated TBD, is hereby incorporated into the contract by reference; however, areas of the proposal which exceed the Statement of Work and Specifications apply.

***THIS SOLICITATION INCLUDES REQUIREMENTS FOR FMS ROYAL AUSTRALIAN AIR FORCE (RAAF) AND FMS KUWAIT***

IN ACCORDANCE WITH DOD 4500.9 DEFENSE TRANSPORTATION REGULATION (DTR), PART 11, CHAPTER 208, PARAGRAHP E.4, MILITARY SHIPPING LABLES OR AN ACCEPTABLE SUBSTITUTE MUST BE USED FOR ALL SHIPMENTS.

FMS CASE NUMBER, CONTRACT NUMBER, CLIN NUMBER, PART NUMBER, AND MILSTRIP NUMBER MUST BE INCLUDED ON ALL SHIPPINMG DOCUMENTATIONS AND PACKAGING

The ordering period for this contract is as follows:

Year one is from date of contract award through 365 days after contract award.

Year two is from 366 days after date of contract award through 730 days after date of contract award.

Year three is from 731 days after date of contract award through 1,095 days after date of contract award.

Year four is from 1,096 days after date of contract award through 1,460 days after date of contract award.

Year five is from 1,461 days after date of contract award through 1,825 days after date of contract award.

Section B - Supplies or Services and Prices

ITEM NO
SUPPLIES/SERVICES
MAX QUANTITY
UNIT
UNIT PRICE
MAX AMOUNT
2
Each

TTU-571/E POWER INTERFACE TEST SET

FFP

FIRST ARTICLE/PILOT PRODUCTION UNIT TTU-571/E POWER INTERFACE TEST SET (PITS) AND SHIPPING; IAW SOW ATTACHMENT 1 SECTION J AND THE SYSTEM SPECIFICATIONS ATTACHMENT 2 SECTION J & EXHIBIT A, CDRLs.

FOB: Destination

MAX

NET AMT

ITEM NO
SUPPLIES/SERVICES
MAX QUANTITY
UNIT
UNIT PRICE
MAX AMOUNT
2
Each

TTU-571/E PITS JUMPER CABLE ASSEMBLY

FIRST ARTICLE/PILOT PRODUCTION UNIT TTU-571/E PITS JUMPER CABLE ASSEMBLY AND SHIPPING; IAW SOW ATTACHMENT 1 SECTION J AND THE SYSTEM SPECIFICATIONS ATTACHMENT 2 SECTION J & EXHIBIT A, CDRLs.

MAX

ITEM NO
SUPPLIES/SERVICES
MAX QUANTITY
UNIT
UNIT PRICE
MAX AMOUNT
90
Each

TTU-571/E POWER INTERFACE TEST SET

TTU-571/E POWER INTERFACE TEST SET (PITS) AND SHIPPING; IAW SOW ATTACHMENT 1 SECTION J AND THE SYSTEM SPECIFICATIONS ATTACHMENT 2 SECTION J & EXHIBIT A, CDRLs.

PITS PRODUCTION - YEAR 1 QTY 1-25 UNIT PRICE $ QTY 26-51 UNIT PRICE $ QTY 52-77 UNIT PRICE $ QTY 78-90 UNIT PRICE $ PITS PRODUCTION - YEAR 2 QTY 1-25 UNIT PRICE $ QTY 26-51 UNIT PRICE $ QTY 52-77 UNIT PRICE $ QTY 78-90 UNIT PRICE $ PITS PRODUCTION - YEAR 3 QTY 1-25 UNIT PRICE $ QTY 26-51 UNIT PRICE $ QTY 52-77 UNIT PRICE $ QTY 78-90 UNIT PRICE $ PITS PRODUCTION - YEAR 4 QTY 1-25 UNIT PRICE $ QTY 26-51 UNIT PRICE $ QTY 52-77 UNIT PRICE $ QTY 78-90 UNIT PRICE $

MAX

ITEM NO
SUPPLIES/SERVICES
MAX QUANTITY
UNIT
UNIT PRICE
MAX AMOUNT
90
Each

TTU-571/E PITS JUMPER CABLE ASSEMBLY

PRODUCTION TTU-571/E PITS JUMPER CABLE ASSEMBLY AND SHIPPING; IAW SOW ATTACHMENT 1 SECTION J AND THE SYSTEM SPECIFICATIONS ATTACHMENT 2 SECTION J & EXHIBIT A, CDRLs.

JUMPER CABLE ASSEMBLY PRODUCTION - YEAR 1 QTY 1-25 UNIT PRICE $ QTY 26-51 UNIT PRICE $ QTY 52-77 UNIT PRICE $ QTY 78-90 UNIT PRICE $ JUMPER CABLE ASSEMBLY PRODUCTION - YEAR 2 QTY 1-25 UNIT PRICE $ QTY 26-51 UNIT PRICE $ QTY 52-77 UNIT PRICE $ QTY 78-90 UNIT PRICE $ JUMPER CABLE ASSEMBLY PRODUCTION - YEAR 3 QTY 1-25 UNIT PRICE $ QTY 26-51 UNIT PRICE $ QTY 52-77 UNIT PRICE $ QTY 78-90 UNIT PRICE $ JUMPER CABLE ASSEMBLY PRODUCTION - YEAR 4 QTY 1-25 UNIT PRICE $ QTY 26-51 UNIT PRICE $ QTY 52-77 UNIT PRICE $ QTY 78-90 UNIT PRICE $

MAX

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL A001

MEETING AGENDA; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST A001, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL A002

MEETING MINUTES; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST A002, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL A003

CONFIGURATION MANAGEMENT PLAN; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST A003, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL A004

REQUEST FOR DEVIATION; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST A004, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL A005

ENGINEERING CHANGE PROPOSAL; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST A005, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL A006

TRADE STUDY REPORT; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST A006, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL A007

INTERFACE DESIGN DOCUMENT; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST A007, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL A008

ENGINEERING DESIGN ANALYSIS REPORT; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST A008, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL A009

TECHNICAL DATA PACKAGE; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST A009, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL A010

RELIABILITY PREDICTIONS; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST A010, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL A012

FAILURE MODE, EFFECTS AND CRITICALITY ANALYSIS (FEMECA); TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST A012, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL A013

FAILURE REPORTING, ANALYSIS, AND CORRECTIVE ACTION SYSTEM (FRACAS); TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST A013, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL A014

FAILURE ANALYSIS AND CORRECTIVE ACTION REPORT; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST A014, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL A015

HAZARDOUS MATERIALS MANAGEMENT PROGRAM (HMMP) PLAN; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST A015, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL A016

HMMP REPORT; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST A016, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL A017

SYSTEM SAFETY PLAN; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST A017, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL A018

SAFETY ASSESSMENT REPORT; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST A018, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL A019

QUALIFICATION TEST PLANS AND PROCEDURES; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST A019, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL A020

QUALIFICATION TEST REPORTS; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST A020, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL A021

PRODUCTION ACCEPTANCE TEST PROCEDURE; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST A021, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL A022

INTEGRATED MASTER SCHEADULE; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST A022, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL B004

LOGISTICS PRODUCT DATA (MAINTENANCE PLAN); TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST B004, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL B006

ENGINEERING DATA FOR PROVISIONING; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST B006, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL B009

LOGISTICS PRODUCT DATA -- PROVISIONING PARTS LIST LSA-036; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST B009, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL B012

PROVISIONING TECHNICAL DATA; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST B012, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL B013

PROVISIONING PARTS LIST REVISIONS; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST B013, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL B014

PACKAGING PLAN - PACKING REQUIREMENTS; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST B014, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL B015

PACKAGING PLAN - SPECIAL CONTAINERS; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST B015, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL B016

LOGISTICS PRODUCT DATA SUMMARIES - TECHNICAL MANUAL CONTENT AND PRODUCT PLAN; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST B016, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL B017

TECHNICAL MANUAL VALIDATION PLAN; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST B017, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL B018

TECHNICAL MANUAL VALIDATION CERTIFICATION; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST B018, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL B019

TECHNICAL MANUAL; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST B019, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL B020

RUNTIME FILE (INTERACTIVE ELECTRONIC TECHNICAL MANUAL); TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST B020, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL B021

TECHNICAL MANUAL QUALITY ASSURANCE PROGRAM PLAN; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST B021, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL B022

COTS MANUALS AND ASSOCIATED SUPPLEMENTAL DATA; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST B022, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL B025

CALIBRATION AND MEASUREMENTS REQUIREMENTS SUMMARY; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST B025, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL B026

CALIBRATION CERTIFICATE; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST B026, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL B029

BILL OF MATERIALS; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST B029, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL B030

IUID MARKING PLAN; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST B030, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

CDRL B031

IUID MARKING ACTIVITY VALIDATION & VERIFICATION REPORT; TO BE PRODUCED IAW DD1423, CONTRACT DATA REQUIREMENTS LIST B031, AS SET FORTH IN EXHIBIT A SECTION J.

NET AMT

Section C - Descriptions and Specifications

DESCRIPTIONS / SPECIFICATIONS

Note:

This procurement contains Technical Data requirements that are subject to Export Control Laws. Once the solicitation is released contractors must submit their certified copy of DD Form 2345, Miltary Critical Technical Data Agreement and request a copy of the drawings listed below by close of business 04 April 2016 in writing from Ms. Sarah Lowell at email: sarah.lowell@navy.mil or facsimilie: 732-323- 2706 or by US Mail at: Naval Air Warfare Center Aircraft Division, Code: 2.5.2.4.3.1SL, Bldg. 120-1, Rm 180, Lakehurst, NJ 08733.

3456AS100
3456AS306
3456AS313
3456AS324
3456AS300
3456AS307
3456AS314
3618AS200
3456AS301
3456AS308
3456AS320
3618AS201
3456AS302
3456AS309
3456AS321
3618AS205
3456AS303
3456AS310
3456AS322
3618AS206
3456AS304
3456AS312
3456AS323

The Drawings will then be sent out to every vendor that submitted their DD2345 / drawing request. For DD Form 2345 information, call DLIS in Battle Creek, MI at 800-352-3572 or http://www.dlis.dla.mil/jcp.

In addition to the DD 2345, the interested offerors must be U.S. Government contractors and/or U.S. DoD contractors. Contractors must be registered in the System for Award Management (SAM) database, which can be assessed at www.sam.gov.

CLAUSES INCORPORATED BY FULL TEXT

5252.211-9509INCORPORATION OF THE CONTRACTOR'S TECHNICAL PROPOSAL (NAVAIR)(OCT 2005)
The Contractor's Technical Proposal Number TBD, dated TBD, and any amendments/addendums thereof, is incorporated herein by reference, unless otherwise specified, with the same force and effect as if set forth in full text. Nothing in the Contractor's proposal shall constitute a waiver of any of the provisions of the contract, including the Statement(s) of Work and Specification. For purposes of FAR Clause 52.215-8, “Order of Precedence”, the Contractor's technical proposal shall be considered a "Specification" but the Government's Specification shall take precedence over the Contractor's technical proposal.

Section D - Packaging and Marking

5252.223-9502HAZARDOUS MATERIAL (NAVAIR) (APR 2009)
(a) Packaging, Packing, Marking, Labeling and Certification of Hazardous materials for shipment by any mode or combination of transportation modes shall be prepared (properly classed, described, packaged, marked, labeled, transport vehicle placarded, etc.) for shipment in accordance with MIL-STD-129 and Title 49 Code of Federal Regulations (CFR), Part 100-199 as applicable. In the event of any contradictions between the documents, 49 CFR shall govern or the applicable modal transport regulation.
(b) In the event of a conflict between specific requirements in the contract or order and existing applicable modal transport regulations, the regulations shall take precedence. Under no circumstances shall the contractor knowingly use materials, markings or procedures that are not in accordance with laws and regulations applicable to the mode of transportation employed.
(c) To ascertain which Department of Defense, or local installation regulations, concerning hazardous materials may have impact on this contract, the contractor should contact: Environmental Director [TBD at time of award].
5252.247-9503MARKING OF WARRANTED ITEMS (NAVAIR) (OCT 2005)
(a) Each item covered by a warranty shall be stamped or marked in accordance with MIL-STD-129, Marking for Shipment and Storage, and MIL-STD-130, Identification Marking of U.S. Military Property, current at the date of award. Where this is impracticable, written notice shall be attached to or furnished with the warranted item.
(b) Each item covered by a warranty shall have a written notice attached to or furnished with the warranted item, and marked with the following:
(1) National stock number or manufacturer's part number.
(2) Serial number or other item identifier (if the warranty applies to uniquely identified items).
(3) Contract number.
(4) Indication that a warranty applies.
(5) Manufacturer or entity (if other than the contractor) providing the warranty.
(6) Date or time when the warranty expires.
(7) Indication of whether or not attempted on-site repair by Government personnel will void the warranty.
5252.247-9507PACKAGING 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.
5252.247-9508PROHIBITED 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.
5252.247-9509PRESERVATION, 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:

BEST COMMERCIAL PRACTICE

M/F : TO BE DETERMINED PER INDIVIDUAL DELIVERY ORDER.

(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.
5252.247-9510PRESERVATION, PACKAGING, PACKING AND MARKING FOR FOREIGN MILITARY SALES (FMS) REQUIREMENTS (NAVAIR)(OCT 2005)
(a) Unless specified elsewhere in the contract, packing and packaging shall comply with MIL-STD-129 and other applicable DoD regulations. Packing and packaging materials shall provide protection from abuse during handling and from environmental, magnetic, and electrical damage during handling and subsequent future storage, possibly under less than desirable conditions.
(b) Marking: All unit and exterior containers/packs shall as a minimum be marked as follows:
(1) FMS Case Number.
(2) Part Number (with CAGE Code).
(3) For - the organization/address the material is shipped to.
(4) The applicable MILSTRIP number (identified separately for each line item of the contract/delivery order)
(5) Project Code number.
(6) Project Directive Line Item (PDLI) Number.
(7) Requisition Serial Number (RSN).
(8) Quantity.
(9) From - the contractor's address shipped from.
(10) Ship to - the shipping address provided in the contract.
(11) Transportation Priority
(12) Required Delivery Date
(c) The contractor shall affix labels to the outside of each external pack warning all handlers that fragile, delicate, etc., equipment is contained within and to warn against particular improper handling and storage procedures/conditions as may be applicable to the item(s) ordered.
5252.247-9514TECHNICAL 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
Origin
Government
Origin
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

CLAUSES INCORPORATED BY REFERENCE

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
52.246-11HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)
(a) The Contractor shall comply with the higher-level quality standard selected below.
[The Contracting Officer insert the title, number, date, and tailoring (if any) of the higher-level quality standards.]
TitleNumberDateTailoring
[X] ANSU/ASQC Q9001Most current revision or equivalent
[] ____________________________
[] ____________________________
[] ____________________________

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in--

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or
(2) When the technical requirements of a subcontract require-- (i) Control of such things as design, work operations, in-process control, testing, and inspection; or (ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.
5252.246-9512INSPECTION AND ACCEPTANCE (NAVAIR)(OCT 2005)
(a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by

CLINS 0001 & 0002 – at: ORIGIN by: N68335 CLINS 0003 & 0004 – at: ORIGIN by:TBD (DCMA) CLINS 0005 - 0044 – at: DESTINATION by: N68335.

(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.

5252.246-9514INSPECTION 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 entititled to be determined per individual delivery order if applicable. The attached form will not be used for high cost data such as drawings, specifications, and technical manuals.
5252.246-9517CONSTRUCTIVE 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 30th day after the contractor delivered the supplies or performed the services.

Section F - Deliveries or Performance

52.211-17
Delivery of Excess Quantities
SEP 1989
52.242-13
Bankruptcy
JUL 1995
52.242-15
Stop-Work Order
AUG 1989
52.247-34
F.O.B. Destination
NOV 1991
52.247-48
F.O.B. Destination--Evidence Of Shipment
FEB 1999
52.211-8TIME OF DELIVERY (JUN 1997)
(a) The Government requires delivery to be made according to the following schedule:
REQUIRED DELIVERY SCHEDULE
CLIN
MAX QUANTITY
DATE
DELIVERY ADDRESS
CLIN 0001
2 ea
9 Months after date of delivery order award and as specificed on individual delivery orders
(Adresses from below will be specified on individual delivery orders)

US NAVY (Domestic)

Naval Air Station Lemoore FRC-West Lemoore, CA

Naval Air Station Oceana FRC-East Virginia Beach, VA

Naval Aviation Depot FRCSE Jacksonville, FL

Naval Air Station Patuxent River, MD

NAWCAD

Hanger #6

M/F REFUEL

JBMDL

Lakehurst NJ

FMS

FMS RAAF

Austrailian Government Cargo Office

M/F DATY00

C/O DHL Global Forwarding 99B South Hill Dr.

Brisbane, CA 94005

DODAAC: DAT002

FMS Kuwait Compass Forwarding Co Inc.

Bob Shelala 159-15 Rockaway Blvd.

Jamaica, NY 11434 DODAAC: DKU005

CLIN 0002
2 ea
9 Months after date of delivery order award and as specificed on individual delivery orders
CLIN 0003
90 ea Total over the life of the Contract at a rate of 5 each month minimum
Delivery shall be at a rate of 5 each month at a minimum after award of the delivery order, provided that release for production has been authorized. Each production year delivery shall commence immediately after delivery of preceding orders or at a rate of 5 per month at a minimum after award of the delivery order, whichever is later, provided that release for production has been authorized.
CLIN 0004
90 ea Total over the life of the Contract at a rate of 5 each month minimum
Delivery shall be 6 months after award of the delivery order, provided that release for production has been authorized. Each production year delivery shall commence immediately after delivery of preceding orders or 6 months after award of the delivery order, whichever is later, provided that release for production has been authorized.
CLINS 0005-0044
1 lot
SEE BLOCK 16
5252.211-9502GOVERNMENT INSTALLATION WORK SCHEDULE (NAVAIR)(DEC 2014)
(a) The Holidays applicable to this contract are: New Year's Day, Martin Luther King's Birthday, Presidents' Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas Day.
(b) In the event that any of the above holidays occur on a Saturday or Sunday, or alternate Friday, then such holiday shall be observed as they are by the assigned Government employees at the using activity.
(c) The Naval Air Warfare Center Weapons Division works a 4/5/9 work schedule. Therefore alternate Fridays are not a part of the normal workweek for work performed on-site at a Naval Air Warfare Center Weapons Division site. The majority of the Government offices are closed on alternate Fridays.
(d) No deviation in the normal workweek will be permitted without express advance approval by the designated Contracting Officer with coordination of the using departments.
5252.225-9506VERIFICATION OF "SHIP TO" AND/OR "NOTICE OF AVAILABILITY" ADDRESS (NAVAIR) (JAN 1992)
The contractor shall submit a request in duplicate to the Transportation Office of the cognizant Contract Administration Office for verification of the "Ship to" address. If the offer/release instructions require a "Notice of Availability" the contractor shall also request verification of the address to which notification will be made (the 'IAC 3' address). Such requests shall be submitted at least ten (10) days in advance of (i) date Notice of Availability is to be submitted, or (ii) actual shipping date, if shipment is to be released automatically.
5252.247-9505TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995)
Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data Requirements List, DD Form 1423, Exhibit A , attached hereto, and the following:
(a) The contractor shall concurrently deliver technical data and information per DD Form 1423, Blocks 12 and 13 (date of first/subsequent submission) to all activities listed in Block 14 of the DD Form 1423 (distribution and addresses) for each item. Complete addresses for the abbreviations in Block 14 are shown in paragraph (g) below. Additionally, the technical data shall be delivered to the following cognizant codes, who are listed in Block 6 of the DD Form 1423.
(1) PCO, Code 2.5.2.
(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 BLOCK 16 CDRL’S A001-B031.

Section G - Contract Administration Data

52.232-13
Notice Of Progress Payments
APR 1984
252.204-0001
Line Item Specific: Single Funding
SEP 2009
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
52.232-16PROGRESS PAYMENTS (APR 2012)
The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:
(a) Computation of amounts.
(1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under FAR 31.205-10 as an incurred cost for progress payment purposes.
(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due will be paid to subcontractors--
(i) In accordance with the terms and conditions of a subcontract of invoice; and
(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.
(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless--
(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and
(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).
(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:
(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.
(ii) Costs incurred by subcontractors or suppliers.
(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.
(iv) Payments made or amounts payable to the subcontractors or suppliers, except for--
(A) completed work, including partial deliveries, to which the Contractor has acquired title; and
(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.
(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.
(6) The total amount of progress payments shall not exceed 80 percent of the total contract price.
(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by subparagraphs (a)(4) or (a)(5) above, the Contractor shall repay the amount of such excess to the Government on demand.
(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.
(9) The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items.
(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidation's and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.
(c) Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:
(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) below).
(2) Performance of this contract is endangered by the Contractor's --
(i) Failure to make progress; or
(ii) Unsatisfactory financial condition.
(3) Inventory allocated to this contract substantially exceeds reasonable requirements.
(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.
(5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.
(6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph (b) above, and that rate is less than the progress payment rate stated in subparagraph (a)(1) above.
(d) Title.
(1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.
(2) "Property," as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.
(i) Parts, materials, inventories, and work in process;
(ii) Special tooling and special test equipment to which the Government is to acquire title;
(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to which would not be obtained as special tooling under subparagraph (ii) above; and
(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.
(3) Although title to property is in the Government under this clause, other applicable clauses of this contract; e.g., the termination clauses, shall determine the handling and disposition of the property.
(4) The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer's approval, but the proceeds shall be credited against the costs of performance.
(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting Officer's advance approval of the action and the terms. The Contractor shall
(i) exclude the allocable costs of the property from the costs of contract performance, and
(ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.
(6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title shall vest in the Contractor for all property (or the proceeds thereof) not --
(i) Delivered to, and accepted by, the Government under this contract; or
(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.
(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.
(e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. The Contractor shall repay the Government an amount equal to the unliquidated progress payments that are based on costs allocable to property that is lost. (see 45.101)
(f) Control of costs and property. The Contractor shall maintain an accounting system and controls adequate for the proper administration of this clause.
(g)Reports, forms, and access to records. (1) The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information (including estimates to complete) reasonably requested by the Contracting Officer for the administration of this clause. Also, the Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's books, records, and accounts.
(2) The Contractor shall furnish estimates to complete that have been developed or updated within six months of the date of the progress payment request. The estimates to complete shall represent the Contractor's best estimate of total costs to complete all remaining contract work required under the contract. The estimates shall include sufficient detail to permit Government verification.
(3) Each Contractor request for progress payment shall:
(i) Be submitted on Standard Form 1443, Contractor's Request for Progress Payment, or the electronic equivalent as required by agency regulations, in accordance with the form instructions and the contract terms; and
(ii) Include any additional supporting documentation requested by the Contracting Officer.
(h) Special terms regarding default. If this contract is terminated under the Default clause,
(i) the Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments and
(ii) title shall vest in the Contractor, on full liquidation of progress payments, for all property for which the Government elects not to require delivery under the Default clause. The Government shall be liable for no payment except as provided by the Default clause.
(i) Reservations of rights.
(1) No payment or vesting of title under this clause shall --
(i) Excuse the Contractor from performance of obligations under this contract; or
(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.
(2) The Government's rights and remedies under this clause --
(i) Shall not be exclusive but rather shall be in addition to any other rights and remedies provided by law or this contract; and
(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.
(j) Financing payments to subcontractors. The financing payments to subcontractors mentioned in paragraphs (a)(1) and (a)(2) of this clause shall be all financing payments to subcontractors or divisions, if the following conditions are met:
(1) The amounts included are limited to --
(i) The unliquidated remainder of financing payments made; plus
(ii) Any unpaid subcontractor requests for financing payments.
(2) The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months between the beginning of work and the first delivery, or, if the subcontractor is a small business concern, 4 months.
(3) If the financing payments are in the form or progress payments, the terms of the subcontract or interdivisional order concerning progress payments --
(i) Are substantially similar to the terms of the clause for any subcontractor that is a large business concern, or that clause with its Alternate I for any subcontractor that is a small business concern;
(ii) Are at least as favorable to the Government as the terms of this clause;
(iii) Are not more favorable to the subcontractor or division than the terms of this clause are to the Contractor;
(iv) Are in conformance with the requirements of FAR 32.504(e); and
(v) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if --
(A) The Contractor defaults; or
(B) The subcontractor becomes bankrupt or insolvent.
(4) If the financing payments are in the form of performance-based payments, the terms of the subcontract or interdivisional order concerning payments--
(i) Are substantially similar to the Performance-Based Payments clause at FAR 52.232-32 and meet the criteria for, and definition of, performance-based payments in FAR Part 32;
(ii) Are in conformance with the requirements of FAR 32.504(f); and
(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if--
(A) The Contractor defaults; or
(B) The subcontractor becomes bankrupt or insolvent.
(5) If the financing payments are in the form of commercial item financing payments, the terms of the subcontract or interdivisional order concerning payments-
(i) Are constructed in accordance with FAR 32.206(c) and included in a subcontract for a commercial item purchase that meets the definition and standards for acquisition of commercial items in FAR Part 2 and 12;
(ii) Are in conformance with the requirements of FAR 32.504(g); and
(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if--
(A) The Contractor defaults; or
(B) The subcontractor becomes bankrupt or insolvent.
(6) If financing is in the form of progress payments, the progress payment rate in the subcontract is the customary rate used by the contracting agency, depending on whether the subcontractor is or is not a small business concern.
(7) Concerning any proceeds received by the Government for property to which title has vested in the Government under the subcontract terms, the parties agree that the proceeds shall be applied to reducing any unliquidated financing payments by the Government to the Contractor under this contract.
(8) If no unliquidated financing payments to the Contractor remain, but there are unliquidated financing payments that the Contractor has made to any subcontractor, the Contractor shall be subrogated to all the rights the Government obtained through the terms required by this clause to be in any subcontract, as if all such rights had been assigned and transferred to the Contractor.
(9) To facilitate small business participation in subcontracting under this contract, the Contractor shall provide financing payments to small business concerns, in conformity with the standards for customary contract financing payments stated in Subpart 32.113. The Contractor shall not consider the need for such financing payments as a handicap or adverse factor in the award of subcontracts.
(k) Limitations on undefinitized contract actions. Notwithstanding any other progress payment provisions in this contract, progress payments may not exceed 80 percent of costs incurred on work accomplished under undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes. This limitation shall apply to the costs incurred, as computed in accordance with paragraph (a) of this clause, and shall remain in effect until the contract action is definitized. Costs incurred which are subject to this limitation shall be segregated on Contractor progress payment requests and invoices from those costs eligible for higher progress payment rates. For purposes of progress payment liquidation, as described in paragraph (b) of this clause, progress payments for undefinitized contract actions shall be liquidated at 80 percent of the amount invoiced for work performed under the undefinitized contract action as long as the contract action remains undefinitized. The amount of unliquidated progress payments for undefinitized contract actions shall not exceed 80 percent of the maximum liability of the Government under the undefinitized contract action or such lower limit specified elsewhere in the contract. Separate limits may be specified for separate actions.

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