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N68335-17-R-0065
Section A - Solicitation/Contract Form
SOLICITATION
1. The United States Navy Program Office PMA 290, has a new requirement for the manufacturing of Maintenance Laptop Sets.
2. The Government owns the Build-to-Print Technical Drawing Package and the drawings are considered Export Controlled. All Offerors must be able to provide a certified DD Form 2345. All requesting Offerors must have a current certified DD2345 to obtain the drawings. Drawings will be provided to your designated data custodian on your certified DD2345 via AMRDEC Electronic Transmittal. All Offerors, other than the successful Offeror, are required to destroy all export control data, regardless of form or the media on which it may be recorded, including CDs, data stored on other computer storage devices and paper documents. Offerors shall provide proof of such destruction via signed letter on corporate leetterhead to the PCO at the above listed address. The drawings shall be handled in accordance with clause 5252.227-9507 and 5252.227-9508.
3. This solicitation is being issued as a 100% Small Businesses set aside.
4. The total ceiling amount for this contract will be established at the time of contract award.
5. The Government intends to award a single award five-year Fixed Price (FP), Indefinite Delivery, Indefinite Quantity (IDIQ) contract to the small business offeror whose proposal represents the lowest price, technically acceptable offer to the Government.
6. As stated in NAVAIR Clause 5252.216-9506 of this contract, the contract minimum guarantees are as follows:
| CLIN |
| Part Number |
| Nomenclature |
| Year 1 Minimum Guarantee |
| 0001 |
| 4091AS1000-1 |
| Maintenance Laptop Set (complete) |
| Quantity - 8 |
| 0002 |
| 4091AS1000-1 |
| Maintenance Laptop Set (w/out laptop) |
| Quantity - 39 |
* Years 2 through 5 have no minimum Guarantee
7. The guaranteed minimum will be satisfied with the award of Delivery Order 0001, which will be awarded with the basic contract.
8. The Offeror shall include the price of shipping in each unit price proposed.
9. The maximum quantity detailed on the individual Contract Line Item Numbers (CLINs) in Section B do not represent an absolute quantity and dollar value of each CLIN. These values are listed as a result of system constraints. The offeror who receives the award will have their range pricing input into the CLINs. The minimum and maximum quantities can be found in NAVAIR Clause 5252.216-9506 “Minimum and Maximum Quantities” in Section H.
10. The maximum quantities identified for each CLIN represent the Government's best estimate of the maximum quantities of anticipated order(s) during that specified ordering period. The CLIN quantities maximums do not impose absolute quantity limits for each ordering period. The maximum quantities for each items of support equipment are not defined on an annual ordering period basis, but rather are defined by the sum of the quantities across all five annual ordering periods.
11. Year One (1) is from the date of contract award through 365 days after contract award.
Year Two (2) is from 366 days after contract award through 731 days after contract award.
Year Three (3) is from 732 days after contract award through 1,097 days after contract award.
Year Four (4) is from 1,098 days after contract award through 1,463 days after contract award.
Year Five (5) is from 1,464 days after contract award through 1,829 days after contract award.
12. The Point of Contact for this Solicitation is Ms. Lisa Winkler, 732-323-7744, Lisa.Winkler@navy.mil
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
YEAR 1 Maintenance Laptop Set(complete)
FFP
P/N: 4091AS1000-1
NSN: 4920-01-654-3650
RANGE QTY
1-9 $_____________ 10-39 $_____________ FOB: Destination
MAX
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
YEAR 1 Maintenance Laptop Set(w/out lap)
P/N: 4091AS1000-1
NSN: 4920-01-654-3650
RANGE QTY
1-9 $_____________
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
YEAR 2 Maintenance Laptop Set(complete)
P/N: 4091AS1000-1
NSN: 4920-01-654-3650
RANGE QTY
1-9 $_____________
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
YEAR 2 Maintenance Laptop Set(w/out lap)
P/N: 4091AS1000-1
NSN: 4920-01-654-3650
RANGE QTY
1-9 $_____________
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
YEAR 3 Maintenance Laptop Set(complete)
P/N: 4091AS1000-1
NSN: 4920-01-654-3650
RANGE QTY
1-9 $_____________
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
YEAR 3 Maintenance Laptop Set(w/out lap)
P/N: 4091AS1000-1
NSN: 4920-01-654-3650
RANGE QTY
1-9 $_____________
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
YEAR 4 Maintenance Laptop Set(complete)
P/N: 4091AS1000-1
NSN: 4920-01-654-3650
RANGE QTY
1-9 $_____________
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
YEAR 4 Maintenance Laptop Set(w/out lap)
P/N: 4091AS1000-1
NSN: 4920-01-654-3650
RANGE QTY
1-9 $_____________
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
YEAR 5 Maintenance Laptop Set(complete)
P/N: 4091AS1000-1
NSN: 4920-01-654-3650
RANGE QTY
1-9 $_____________
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
YEAR 5 Maintenance Laptop Set(w/out lap)
P/N: 4091AS1000-1
NSN: 4920-01-654-3650
RANGE QTY
1-9 $_____________
MAX
CLAUSES INCORPORATED BY FULL TEXT
| 5252.204-9501 | NATIONAL STOCK NUMBERS (NAVAIR)(MAR 2007) |
| (a) This clause applies to supplies that are stock numbered under Federal Catalog System procedures. |
| (b) Unless otherwise authorized by the Contracting Officer, in writing, the Contractor shall not deliver any supplies until the supplies have been marked with a National Stock Number. All available National Stock Numbers will be furnished by the Government. If National Stock Numbers are not furnished by the Government in time to meet the delivery schedule for the supplies, the Contractor may present the supplies that are scheduled for delivery to the Contracting Officer for acceptance. The Contracting Officer may accept such supplies without National Stock Numbers and the Government will pay the Contractor, provided that title to the supplies is vested in the Government. |
| (c) The term "Federal Stock Number" (FSN), which may be referred to in the specifications of this contract or elsewhere in this contract, shall mean "National Stock Number" (NSN), and the term "Federal Item Identification Number", wherever it appears, shall mean "National Item Identification Number". |
(As used in the foregoing clause, the term "Contracting Officer" shall mean the "Administrative Contracting Officer" (ACO) with respect to provisioned items and other supplies ordered by the ACO.)
Section C - Descriptions and Specifications
STATEMENT OF WORK
P-8 Maintenance Laptop Set
1. SCOPE
This Statement of Work (SOW) addresses the requirements and tasks associated with the production and delivery of Peculiar Support Equipment (PSE) end item for the P-8A Poseidon Program for the United States Navy, Royal Australian Air Force (RAAF) Partner Countries and Foreign Military Sales (FMS) customers.
The PSE end item is used to support hardware/software maintenance to meet the P-8 aircraft maintenance manuals (AMM), A1-P8AAA-AMM at both the Organizational Level and Depot Level of maintenance.
1. APPLICABLE DOCUMENTS
a) 4091AS1000-1 – Maintenance Laptop Set Drawing Package
1. REQUIREMENTS
3.1 General
The contractor shall provide materials and services as required to manufacture, assemble, and deliver the SE listed below:
Maintenance Laptop Sets (complete), Part Number 4091AS1000-1
Maintenance Laptop Sets (w/out laptop), Part Number 4091AS1000-1
3.1.1 CLIN 0001, 0003, 0005, 0007, 0009
CLIN 0001 shall be manufactured and delivered with all components listed in accordance with drawing 4091AS1000-1.
3.1.2 CLIN 0002, 0004, 0006, 0008, 0010
CLIN 0002 shall be manufactured and delivered in accordance with drawing 4019AS1000-1, however the contractor shall not deliver the following sub components: part number: CF31XKM78LM, P-8A Maintenance Laptop and part number: CF-AA5713AM, Laptop Power Cable.
3.2 Quality Assurance
The Contractor shall have in place a production quality assurance (QA) system approved with ISO 9001:2015 or better. This QA system shall be able to ensure that manufactured configuration items are built to print, functional, and reliably made IAW controlling technical drawings, specifications and standards. Each item manufactured as part of this ID/IQ contract shall have passed a DCMA final inspection prior to DD-250.
3.3 Government Inspection and Acceptance
Defense Contract Management Agency (DCMA) shall oversee Inspection & Acceptance at origin.
4.0 POINTS OF CONTACT
The Contract Point of Contact is:
Lisa Winkler Naval Air Warfare Center, Aircraft Division Highway #547, Code 25221 Lakehurst, NJ 08733-5104
(732) 323-7744 E-Mail Address: Lisa.Winkler@navy.mil
Section D - Packaging and Marking
| 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: |
Naval Air Warfare Center Aircraft Division Aircraft Support Equipment Staging Area Building 195 (Hangar 6) Highway 547 Lakehurst, NJ 08733 Attn: Stefanie Sohosky, 732-323-4757 (No Friday Deliveries)
| (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. |
| 5252.247-9510 | PRESERVATION, PACKAGING, PACKING AND MARKING FOR FOREIGN MILITARY SALES (FMS) REQUIREMENTS (NAVAIR)(OCT 2005) | |
| (a) Unless specified elsewhere in the contract, packing and packaging shall comply with MIL-STD-129 and other applicable DoD regulations. Packing and packaging materials shall provide protection from abuse during handling and from environmental, magnetic, and electrical damage during handling and subsequent future storage, possibly under less than desirable conditions. | |
| (b) Marking: All unit and exterior containers/packs shall as a minimum be marked as follows: | |
| | (1) FMS Case Number. |
| | (2) Part Number (with CAGE Code). |
| | (3) For - the organization/address the material is shipped to. |
| | (4) The applicable MILSTRIP number (identified separately for each line item of the contract/delivery order) |
| | (5) Project Code number. |
| | (6) Project Directive Line Item (PDLI) Number. |
| | (7) Requisition Serial Number (RSN). |
| | (8) Quantity. |
| | (9) From - the contractor's address shipped from. |
| | (10) Ship to - the shipping address provided in the contract. |
| | (11) Transportation Priority |
| | (12) Required Delivery Date |
| (c) The contractor shall affix labels to the outside of each external pack warning all handlers that fragile, delicate, etc., equipment is contained within and to warn against particular improper handling and storage procedures/conditions as may be applicable to the item(s) ordered. | |
| 5252.247-9517 | PACKAGING REQUIREMENTS FOR SHIPMENTS CONTAINING NON-MANUFACTURED WOOD PACKING MATERIALS (NAVAIR) (FEB 2002) |
| All non-manufactured, wooden pallets, reels, or containers shipped or used for shipment under this contract shall be heat treated and marked in accordance with the American Lumber Standards Committee, Incorporated Non-Manufactured Wood Packing Policy and Non-Manufactured Wood Packing Enforcement Regulations, both dated 30 May 2001. |
| 5252.247-9520 | PRESERVATION, PACKAGING, AND PACKING (NAVAIR)(OCT 2005) |
| (a) The contractor shall preserve, pack and package items procured for system stock, overseas destinations or ships at sea, in accordance with the MIL-STD-2073-1 Level A requirements delineated in the schedule or elsewhere in the contract or order. If specific requirements are not included in the contract or order, the contractor shall preserve and package in accordance with previously approved level A requirements, within the technical parameters contained in MIL-STD-2073-1. Preservation and packing materials shall be fire retardant/non-combustible as prescribed in the specific packaging requirements in the contract or order, and to the maximum extent practicable. |
| (b) If the packaging materials specified in the contract or order are not fire retardant, and fire retardant varieties are included in commodity specifications for these materials, the contractor shall use fire retardant varieties. Fire retardant packaging materials are not required for items not used aboard ship. The use of plastic packaging materials is prohibited unless prescribed in specific packaging requirements in the contract or order, or unless required to adequately protect the item from damage. |
| (c) For items procured for installation/immediate use, the contractor shall preserve and package in accordance with the Level C requirements of MIL-STD-2073-1. Packing for shipment (i.e., shipping container) shall be in accordance with MIL-STD-2073-1, Level A, for overseas surface shipments that are not containerized and all deliveries to ships at sea; Level B for all remaining overseas shipments; Level C or domestic shipments of items consumed at first destination. Fire retardant materials are not required in packing (i.e., shipping container) operations. All units, intermediate and shipping containers, shall be marked in accordance with MIL-STD-129. The use of shredded paper, excelsior, polystyrene and other loose-fill materials as a cushion is prohibited in all packaging and packing operation. |
| (d) In accordance with 29 CFR, the contractor shall ensure that the following caution label is placed on all units, intermediate and shipping containers for all items containing asbestos in a form that can be inhaled: |
CAUTION
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM
(e) All items containing asbestos in a form that can be inhaled shall be packaged in sealed, impermeable bags or other impermeable containers, as required by 29 CFR.
NOTE TO SUPPLIERS: If the supplies to be furnished on this document require the asbestos caution label described above, the contractor shall notify the contract administrator indicated in the schedule prior to shipment.
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 |
| Origin |
| Government |
| Origin |
| Government |
| 0006 |
| Origin |
| Government |
| Origin |
| Government |
| 0007 |
| Origin |
| Government |
| Origin |
| Government |
| 0008 |
| Origin |
| Government |
| Origin |
| Government |
| 0009 |
| Origin |
| Government |
| Origin |
| Government |
| 0010 |
| Origin |
| Government |
| Origin |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-2 |
| Inspection Of Supplies--Fixed Price |
| AUG 1996 |
| 52.246-16 |
| Responsibility For Supplies |
| APR 1984 |
| 252.246-7000 |
| Material Inspection And Receiving Report |
| MAR 2008 |
| 52.246-11 | HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014) |
| (a) The Contractor shall comply with the higher-level quality standard selected below. |
| Title | Number | Date | | Tailoring |
| ISO | 9001:2015 | _______ | _______ | |
| (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. |
Section F - Deliveries or Performance
ADC
ADC = After Receipt of Order
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| 90 dys. ADC |
| 8 |
| NAWCAD AIRCRAFT SUPPORT EQUIP STAGING |
STEFANIE SOHOSKY M/F: P-8 PROGRAM
HWY 547, BUILDING 195 (HANGAR 6)
(NO FRIDAY DELIVERY)
LAKEHURST NJ 08733-4851
732-323-4757
N68335
| 0002 |
| 90 dys. ADC |
| 39 |
| (SAME AS PREVIOUS LOCATION) |
N68335
| 0003 |
| 90 dys. ADC |
| 14 |
| (SAME AS PREVIOUS LOCATION) |
N68335
| 0004 |
| 90 dys. ADC |
| 10 |
| (SAME AS PREVIOUS LOCATION) |
N68335
| 0005 |
| 90 dys. ADC |
| 5 |
| (SAME AS PREVIOUS LOCATION) |
N68335
| 0006 |
| 90 dys. ADC |
| 10 |
| (SAME AS PREVIOUS LOCATION) |
N68335
| 0007 |
| 90 dys. ADC |
| 14 |
| (SAME AS PREVIOUS LOCATION) |
N68335
| 0008 |
| 90 dys. ADC |
| 4 |
| (SAME AS PREVIOUS LOCATION) |
N68335
| 0009 |
| 90 dys. ADC |
| 16 |
| (SAME AS PREVIOUS LOCATION) |
N68335
| 0010 |
| 90 dys. ADC |
| 3 |
| (SAME AS PREVIOUS LOCATION) |
N68335
| 52.211-17 |
| Delivery of Excess Quantities |
| SEP 1989 |
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.242-17 |
| Government Delay Of Work |
| APR 1984 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| APR 2014 |
| 252.247-7024 |
| Notification Of Transportation Of Supplies By Sea |
| MAR 2000 |
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_________________________________________________________________ | |
| (Contracting Officer: Insert applicable document type(s). Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.) | |
| | (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. |
| __________ORIGIN_________________________________________________________________ | |
| (Contracting Officer: Insert inspection and acceptance locations or "Not applicable.") | |
| | (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. |
| Routing Data Table* | | | | |
| Field Name in WAWF | | | Data to be entered in WAWF | |
| Pay Official DoDAAC: | | | _________________________ | |
| Issue By DoDAAC: | | | _________________________ | |
| Admin DoDAAC: | | | _________________________ | |
| Inspect By DoDAAC: | | | _________________________ | |
| Ship To Code: | | | | _________________________ |
| Ship From Code: | | | _________________________ | |
| Mark For Code: | | | _________________________ | |
| Service Approver (DoDAAC): | | _________________________ | | |
| Service Acceptor (DoDAAC): | | _________________________ | | |
| Accept at Other DoDAAC: | | _________________________ | | |
| LPO DoDAAC: | | | _________________________ | |
| DCAA Auditor DoDAAC: | | _________________________ | | |
| Other DoDAAC(s): | | | _________________________ | |
| (*Contracting Officer: Insert applicable DoDAAC information or "See schedule" if multiple ship to/acceptance locations apply, or "Not applicable.") | | | | |
| (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. | | | |
| (5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. | | | |
(Contracting Officer: Insert applicable email addresses or "Not applicable.")
| (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. For Navy WAWF questions call DFAS Customer Care 1-800-756-4571 option 6 | |
| (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. |
Section H - Special Contract Requirements
| 5252.216-9506 | MINIMUM AND MAXIMUM QUANTITIES (NAVAIR)(MAR 1999) |
| As referred to in paragraph (b) of FAR 52.216-22 " Indefinite Quantity" of this contract, the contract minimum quantity is: |
| Part Number |
| Nomenclature |
| Minimum Quantity |
| 4091AS1000-1 |
| Maintenance Laptop Set (complete) |
| 8 |
| 4091AS1000-1 |
| Maintenance Laptop Set (w/out laptop) |
| 39 |
As referred to in paragraph (b) of FAR 52.216-22 " Indefinite Quantity" of this contract, the contract maximum quantity is:
| Part Number |
| Nomenclature |
| Maximum Quantity |
| 4091AS1000-1 |
| Maintenance Laptop Set (complete) |
| 66 |
| 4091AS1000-1 |
| Maintenance Laptop Set (w/out laptop) |
| 66 |
| 5252.243-9505 | ENGINEERING CHANGES (NAVAIR)(OCT 2005) | |
| (a) After contract award, the Contracting Officer may solicit, and the contractor is encouraged to propose independently, engineering changes to the equipment, software specifications or other requirements of this contract. These changes may be proposed for reasons of economy, improved performance, or to resolve increased data processing requirements. If the proposed changes are acceptable to both parties, the contractor shall submit a price change proposal to the Government for evaluation. Those proposed engineering changes that are acceptable to the Government will be processed as modifications to the contract. | |
| (b) This applies only to those proposed changes identified by the contractor, as a proposal submitted pursuant to the provisions of this clause. As a minimum, the following information shall be submitted by the contractor with each proposal: | |
| | (1) A description of the difference between the existing contract requirement and the proposed change, and the comparative advantages and disadvantages of each. |
| | (2) Itemized requirements of the contract that must be changed if the proposal is adopted, and the proposed revision to the contract for each such change. |
| | (3) An estimate of the changes in performance costs, if any, that will result from adoption of the proposal. |
| | (4) An evaluation of the effects the proposed change would have on collateral costs to the Government such as Government-furnished property costs, costs of related items, and costs of maintenance and operation. |
| | (5) A statement of the time by which the change order adopting the proposal must be issued so as to obtain the maximum benefits of the changes during the remainder of this contract. Also, any effect on the contract completion time or delivery schedule shall be identified. |
| (c) Engineering change proposals submitted to the Contracting Officer shall be processed expeditiously. The Government shall not be liable for proposal preparation costs or any delay in acting upon any proposal submitted pursuant to this clause. The contractor has the right to withdraw, in whole or in part, any engineering change proposal not accepted by the Government within the period specified in the engineering change proposal. The decision of the Contracting Officer as to the acceptance of any such proposal under this contract shall be final and shall not be subject to the "Disputes" clause of the contract. | |
| (d) The Contracting Officer may accept any engineering change proposal submitted pursuant to this clause by giving the contractor written notice thereof. This written notice may be given by issuance of a modification to this contract. Unless and until a modification is executed to incorporate an engineering change proposal under this contract, the contractor shall remain obligated to perform in accordance with the terms of the existing contract. | |
| (e) If an engineering change proposal pursuant to this clause is accepted and applied to this contract, an equitable adjustment in the contract price and in any other affected provisions of this contract shall be made in accordance with the "Changes" clause. | |
| (f) The contractor is requested to identify specifically any information contained in its engineering change proposal which it considers confidential and/or proprietary and which it prefers not to be disclosed to the public. The identification of information as confidential and/or proprietary is for information purposes only and shall not be binding on the Government to prevent disclosure of such information. Offerors are advised that such information may be subject to release upon request pursuant to the Freedom of Information Act (5 U.S.C. 552). | |
Section I - Contract Clauses
| 52.202-1 |
| Definitions |
| NOV 2013 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-5 |
| Covenant Against Contingent Fees |
| MAY 2014 |
| 52.203-6 |
| Restrictions On Subcontractor Sales To The Government |
| 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 |
| 52.203-10 |
| Price Or Fee Adjustment For Illegal Or Improper Activity |
| MAY 2014 |
| 52.203-12 |
| Limitation On Payments To Influence Certain Federal Transactions |
| OCT 2010 |
| 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 |
| 52.204-7 |
| System for Award Management |
| OCT 2016 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| OCT 2016 |
| 52.204-13 |
| System for Award Management Maintenance |
| OCT 2016 |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| JUL 2016 |
| 52.204-19 |
| Incorporation by Reference of Representations and Certifications. |
| DEC 2014 |
| 52.204-21 |
| Basic Safeguarding of Covered Contractor Information Systems |
| JUN 2016 |
| 52.207-1 |
| Notice Of Standard Competition |
| MAY 2006 |
| 52.207-6 |
| Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) |
| OCT 2016 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| OCT 2015 |
| 52.211-5 |
| Material Requirements |
| AUG 2000 |
| 52.211-15 |
| Defense Priority And Allocation Requirements |
| APR 2008 |
| 52.211-17 |
| Delivery of Excess Quantities |
| SEP 1989 |
| 52.215-2 |
| Audit and Records--Negotiation |
| OCT 2010 |
| 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 |
| 52.215-11 |
| Price Reduction for Defective Certified Cost or Pricing Data--Modifications |
| AUG 2011 |
| 52.215-14 |
| Integrity of Unit Prices |
| OCT 2010 |
| 52.215-19 |
| Notification of Ownership Changes |
| OCT 1997 |
| 52.215-20 |
| Requirements for Certified Cost or Pricing Data or Information Other Than Certified Cost or Pricing Data |
| OCT 2010 |
| 52.219-6 |
| Notice Of Total Small Business Set-Aside |
| NOV 2011 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| NOV 2016 |
| 52.219-14 |
| Limitations On Subcontracting |
| JAN 2017 |
| 52.219-28 |
| Post-Award Small Business Program Rerepresentation |
| JUL 2013 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-20 |
| Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 |
| MAY 2014 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-23 |
| Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction |
| FEB 1999 |
| 52.222-25 |
| Affirmative Action Compliance |
| APR 1984 |
| 52.222-26 |
| Equal Opportunity |
| SEP 2016 |
| 52.222-35 |
| Equal Opportunity for Veterans |
| OCT 2015 |
| 52.222-36 |
| Equal Opportunity for Workers with Disabilities |
| JUL 2014 |
| 52.222-37 |
| Employment Reports on Veterans |
| FEB 2016 |
| 52.222-50 |
| Combating Trafficking in Persons |
| MAR 2015 |
| 52.222-54 |
| Employment Eligibility Verification |
| OCT 2015 |
| 52.223-6 |
| Drug-Free Workplace |
| MAY 2001 |
| 52.223-11 |
| Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. |
| JUN 2016 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 52.223-19 |
| Compliance with Environmental Management Systems |
| MAY 2011 |
| 52.223-20 |
| Aerosols |
| JUN 2016 |
| 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 |
| 52.227-14 |
| Rights in Data--General |
| MAY 2014 |
| 52.227-18 |
| Rights in Data--Existing Works |
| 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 |
| Assignment Of Claims |
| MAY 2014 |
| 52.232-25 |
| Prompt Payment |
| JAN 2017 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| JUL 2013 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 52.233-1 |
| Disputes |
| MAY 2014 |
| 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 |
| JAN 2017 |
| 52.249-2 |
| Termination For Convenience Of The Government (Fixed-Price) |
| APR 2012 |
| 52.249-8 |
| Default (Fixed-Price Supply & Service) |
| APR 1984 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7001 |
| Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies |
| DEC 2008 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.204-7004 Alt A |
| System for Award Management Alternate A |
| FEB 2014 |
| 252.204-7006 |
| Billing Instructions |
| OCT 2005 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| OCT 2016 |
| 252.209-7004 |
| Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism |
| OCT 2015 |
| 252.211-7001 |
| Availability of Specifications, Standards, and Data Item Descriptions Not Listed in the Acquisition Streamlining and Standardization Information System (ASSIST), and Plans, Drawings, and Other Pertinent Documents |
| MAY 2006 |
| 252.211-7008 |
| Use of Government-Assigned Serial Numbers |
| SEP 2010 |
| 252.215-7000 |
| Pricing Adjustments |
| DEC 2012 |
| 252.215-7008 |
| Only One Offer |
| OCT 2013 |
| 252.219-7011 |
| Notification to Delay Performance |
| JUN 1998 |
| 252.223-7004 |
| Drug Free Work Force |
| SEP 1988 |
| 252.225-7001 |
| Buy American And Balance Of Payments Program-- Basic (Dec 2016) |
| DEC 2016 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| DEC 2016 |
| 252.225-7005 |
| Identification Of Expenditures In The United States |
| JUN 2005 |
| 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 |
| DEC 2016 |
| 252.225-7015 |
| Restriction on Acquisition of Hand Or Measuring Tools |
| JUN 2005 |
| 252.225-7016 |
| Restriction On Acquisition Of Ball and Roller Bearings |
| JUN 2011 |
| 252.225-7028 |
| Exclusionary Policies And Practices Of Foreign Government |
| APR 2003 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.226-7001 |
| Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns |
| SEP 2004 |
| 252.227-7013 |
| Rights in Technical Data--Noncommercial Items |
| FEB 2014 |
| 252.227-7017 |
| Identification and Assertion of Use, Release, or Disclosure Restrictions |
| JAN 2011 |
| 252.227-7025 |
| Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends |
| MAY 2013 |
| 252.231-7000 |
| Supplemental Cost Principles |
| DEC 1991 |
| 252.232-7008 |
| Assignment of Claims (Overseas) |
| JUN 1997 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.242-7004 |
| Material Management And Accounting System |
| MAY 2011 |
| 252.242-7005 |
| Contractor Business Systems |
| FEB 2012 |
| 252.242-7006 |
| Accounting System Administration |
| FEB 2012 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| DEC 2012 |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| JUN 2013 |
| 252.247-7004 |
| Indefinite Quantities - Fixed Charges |
| DEC 1991 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| APR 2014 |
52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE USE (APR 2008)
Any contract awarded as a result of this solicitation will be [ ] DX rated order; [ X ] DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.
| 52.216-1 | TYPE OF CONTRACT (APR 1984) |
| The Government contemplates award of a Firm Fixed Price Indefinite Delivery/Indefinite Quantity contract resulting from this solicitation. |
| 52.216-19 | ORDER LIMITATIONS (OCT 1995) | |
| (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. | |
| (b) Maximum order. The Contractor is not obligated to honor-- | |
| | (1) Any order for a single item in excess of 66; |
| | (2) Any order for a combination of items in excess of 132; or |
| | (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. |
| (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. | |
| (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. | |
| 52.216-22 | INDEFINITE QUANTITY (OCT 1995) |
| (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. |
| (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." |
| (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. |
| (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after * To be completed at contract award |
| 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 [325211] assigned to contract number [TBD]. | | |
[Contractor to sign and date and insert authorized signer's name and title].
Signature Date Signer’s Printed Name Signer’s Title
| 52.244-2 | SUBCONTRACTS (OCT 2010) | | | |
| (a) Definitions. As used in this clause-- | | | |
| “Approved purchasing system” means a Contractor's purchasing system that has been reviewed and approved in accordance with Part 44 of the Federal Acquisition Regulation (FAR). | | | |
| “Consent to subcontract” means the Contracting Officer's written consent for the Contractor to enter into a particular subcontract. | | | |
| “Subcontract” means any contract, as defined in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders. | | | |
| (b) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if required in accordance with paragraph (c) or (d) of this clause. | | | |
| (c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that-- | | | |
| | (1) Is of the cost-reimbursement, time-and-materials, or labor- hour type; or | | |
| | (2) Is fixed-price and exceeds-- | | |
| | | (i) For a contract awarded by the Department of Defense, the Coast Guard, or the National Aeronautics and Space Administration, the greater of the simplified acquisition threshold or 5 percent of the total estimated cost of the contract; or | |
| | | (ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold or 5 percent of the total estimated cost of the contract. | |
| (d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting Officer's written consent before placing the following subcontracts: [Enter subcontractor's names, if applicable] | | | |
| (e) | | | |
| | (1) The Contractor shall notify the Contracting Officer reasonably in advance of placing any subcontract or modification thereof for which consent is required under paragraph (b), (c), or (d) of this clause, including the following information: | | |
| | | (i) A description of the supplies or services to be subcontracted. | |
| | | (ii) Identification of the type of subcontract to be used. | |
| | | (iii) Identification of the proposed subcontractor. | |
| | | (iv) The proposed subcontract price. | |
| | | (v) The subcontractor's current, complete, and accurate certified cost or pricing data and Certificate of Current Certified Cost or Pricing Data, if required by other contract provisions. | |
| | | (vi) The subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract. | |
| | | (vii) A negotiation memorandum reflecting-- | |
| | | | (A) The principal elements of the subcontract price negotiations; |
| | | | (B) The most significant considerations controlling establishment of initial or revised prices; |
| | | | (C) The reason certified cost or pricing data were or were not required; |
| | | | (D) The extent, if any, to which the Contractor did not rely on the subcontractor's certified cost or pricing data in determining the price objective and in negotiating the final price; |
| | | | (E) The extent to which it was recognized in the negotiation that the subcontractor's certified cost or pricing data were not accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of any such defective data on the total price negotiated; |
| | | | (F) The reasons for any significant difference between the Contractor's price objective and the price negotiated; and |
| | | | (G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered. |
| | (2) The Contractor is not required to notify the Contracting Officer in advance of entering into any subcontract for which consent is not required under paragraph (b), (c), or (d) of this clause. | | |
| (f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract nor approval of the Contractor's purchasing system shall constitute a determination-- | | | |
| | (1) Of the acceptability of any subcontract terms or conditions; | | |
| | (2) Of the allowability of any cost under this contract; or | | |
| | (3) To relieve the Contractor of any responsibility for performing this contract. | | |
| (g) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-a-percentage-of- cost basis, and any fee payable under cost-reimbursement type subcontracts shall not exceed the fee limitations in FAR 15.404- 4(c)(4)(i). | | | |
| (h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the Government. | | | |
| (i) The Government reserves the right to review the Contractor's purchasing system as set forth in FAR Subpart 44.3. | | | |
| (j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations: | | | |
*(To be completed at time of award)
| 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. | | |
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